Dukh-i-zhiznik Cemetery By-Laws, Los Angeles CA

BY - LAWS

of The Russian Molokan Christian Spiritual Jumpers Cemetery Association, Inc.

(Amended 1989) [The actual historical faiths are Spiritual Christian Dukh-i-zhizniki.]

PREFACE

The Following By-Laws for the conduct of all ceremonies and operations as well as the establishment of Privileges have been adopted by executive committees composed of the elected representatives from the Los Angeles body of congregations churches of Russian Spiritual Christian Dukh-i-zhizniki Molokan Church of Spiritual Jumpers, under the auspices of the Ministers Council of the Russian Spiritual Christian Dukh-i-zhizniki Molokan Church of Spiritual Jumpers, is intended that these By-Laws shall establish and define procedures for the conduct of a cemetery on land purchased by the Corporation, hereinafter referred to as the "Cemetery Association," consisting of approximately fifteen (15) acres in the suburbs of Los Angeles, at 7201 East Slauson Avenue, City of Commerce 90040. Likewise, these rules shall apply to the old cemetery at 4400 East Second Street, Los Angeles, together with any additional cemetery land that may be purchased by the Cemetery Association.

ARTICLE I — NAME AND LOCATION

As provided by the Articles of Incorporation, the name shall be RUSSIAN MOLOKAN CHRISTIAN SPIRITUAL JUMPERS CEMETERY ASSOCIATION, INC., and its principle place of business shall be at 7201 East Slauson Avenue, City of Commerce, California 90040.
[Their actual faiths are Spiritual Christian Dukh-i-zhizniki.]

ARTICLE II — MEMBERSHIP

Membership and burial privileges of the Cemetery Association shall be restricted to persons of the Russian Molokan Spiritual Jumpers Faith. Such are defined to be persons who are members of churches whose ministers constitute the Ministers Council of the Russian Molokan Christian Churches of Spiritual Jumpers. [The faiths are now Spiritual Christian Dukh-i-zhiznik, since Pryguny (Jumpers) have been extinguished in America since 1950.]

ARTICLE III — GENERAL MEETING

An Annual General Meeting of Representatives of members of all parishes shall be held at the principal office of the Cemetery Association, or at any other place designated by the Board of Directors during December of each year. Notice of time and place of this meeting shall be prescribed by the Directors, but notice shall be given to each member congregation church, at least ten days prior to the time of meeting. There is no limit to the number of representatives that each congregation parish may elect. However, the majority vote of each parish shall count as a single unit and be equal to the vote of each other parish. Special General Meetings, other than the Annual General Meeting may be called by the President, with prior approval of the Board of Directors.

ARTICLE IV — ELECTION OF DIRECTORS AND OFFICERS

At the Annual Meeting, Representatives of each Church shall elect a Director to serve on the Board of Directors, for a calendar year term. Directors must be members of the Cemetery Association. The Board shall consist of seven (7) members. Each parish shall be entitled to one Director, before any parish may be entitled to elect more than one Director. The Officers of the Cemetery Association, consisting of a President, Vice- President, Secretary and Treasurer, shall be elected by the Board of Directors immediately following the General Annual Meeting of Representatives and shall serve for a one-year calendar term. No member may hold more than one office. Officers must be members of the Board of Directors. Officers may be removed at any properly noticed meeting of the Board of Directors without cause. Thereupon, it shall be the duty of the Board of Directors to elect a successor for the balance of the term. Directors may be removed without cause, only by a Special Meeting of the Representatives, called by the Board of Directors and notice given in the manner required for the Annual Meeting.

ARTICLE V — BOARD OF DIRECTORS AND QUORUM

The Board of Directors shall meet regularly once a month, throughout the year. The date and time of these meetings shall be as determined by the Board of Directors. Special meetings may be called by the President, or in his absence, the Vice-President, or a quorum of the Board of Directors at any time. However, notice of all Directors' meetings must be given at least two days in advance. A majority of the Board shall constitute a quorum for the transaction of any business. A majority vote of the quorum shall be sufficient. The place of meetings of the Board shall be at the principal office of the Cemetery Association or as otherwise designated by the person or persons calling any Special Meeting. The Board of Directors shall be the ultimate enforcement authority of the Corporation to carry out the operations of the Cemetery Association, enforce rules for the conduct of all ceremonies and insure that privileges shall inure to those entitled and prevent non-eligible persons from attempting to gain privileges of the Cemetery Association's burial program. As hereinafter provided, the Officers shall have the primary duty of enforcing such conduct of operations as herein prescribed.

ARTICLE VI — OFFICERS AND THEIR DUTIES

PRESIDENT:

The President shall be the chief executive officer of the Cemetery Association and shall, subject to the control of the Board of Directors, have general supervision and direction of the business and Officers of the Corporation. He shall preside at all General Meetings of members and all meetings of the Board of Directors. He shall have such general powers and duties of management usually vested in the office of President of a corporation and such other powers and duties as may be prescribed by the Board of Directors or the By-Laws.

VICE-PRESIDENT

In the absence or disability of the President, the Vice-President shall have all the powers of, and be subject to all the restrictions upon, the President. The Vice-President shall have such other powers and perform such other duties as may be prescribed for him, respectively, by the Board of Directors or the By-Laws.

SECRETARY:

The Secretary shall keep, or cause to be kept, a book of minutes at the principal office or other place as the Board of Directors may order, of all meetings of members and Directors. The Secretary shall be required to give notice of all General and Special Meetings of members and all meetings of Directors. Should the Secretary fail to do so, any Officer or Director may fulfill the duties of the Secretary to the extent of giving such notice. The Secretary shall also have the duty of maintaining proper burial records. All permanent records shall be written in Russian with English used only as deemed proper and necessary. The paternal and surname of the generation must be fully written. No abbreviations will be allowed.

TREASURER:

The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct amounts of the properties and business transactions of the Association, including accounts of its assets, liabilities, receipts, disbursements, gains, losses and capital. The books of account shall at all reasonable times be open to inspection by any Director. The Treasurer shall deposit all moneys and other valuables in the name of and to the credit of the Corporation in such depositories as may be designated by the Board of Directors. He shall disburse the funds of the Association as may be ordered by the Board of Directors, shall render to the President and Directors, whenever they request it, an account of all of his transactions as Treasurer and of the financial condition of the Corporation, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or the By-Laws.

ARTICLE VII — EXECUTIVE AND OTHER COMMITTEES

The Board of Directors may appoint an Executive Committee, and such other committees as may be necessary from time to time, consisting of such number of its members and with such powers as it may designate, consistent with the Articles of Incorporation and By-Laws and the General Corporation Laws of the State of California. Such committees shall hold office at the pleasure of the Board.

ARTICLE VIII — TRUST FUNDS

The Directors may deposit funds of this Association in trust in accor- dance with terms as prescribed by the Board of Directors.

ARTICLE IX — PERSONS ENTITLED To BURIAL PRIVILEGES

The Board of Directors in conjunction with the Council of Ministers shall have the ultimate authority to determine who shall be entitled to be buried at the cemeteries. Each member's financial requirements as set forth in Article XI shall be paid prior to burial. Persons entitled to the privileges of burial in cemeteries are limited to the following:

Members of this Association.
Members of congregations churches, whose ministers constitute the Ministers' Council of the Russian Molokan Spiritual Christian Dukh-i-zhizniki Church of Spiritual Jumpers, and who have been dedicated in accordance with the procedures of the Dukh-i-zhiznik Molokan Faiths.
Newly-born infants of parents qualifying.
Persons, outside of the Dukh-i-zhiznik Faiths, who become married to a member of the Dukh-i-zhiznik Molokan Faiths, provided the marriage ceremony has been performed by a Dukh-i-zhiznik Molokan Presbyter who is a member of the Council of Ministers. Likewise, these privileges shall inure to the children of these marriages in the same manner as provided in paragraph (c), supra.
Persons who have married out of the Faith, but who return to the Dukh-i-zhiznik faiths Molokan Church, make adequate repentance and are accepted back into the Brotherhood, are eligible for reinstatement for themselves.
Children of former members of the Dukh-i-zhiznik Molokan Faiths raised to maturity among their relatives of the Dukh-i-zhiznik Molokan Brotherhood, and who have become members of the Russian Spiritual Christian Dukh-i-zhiznik Jumpers Faiths.

ARTICLE X — FORFEITURE OF RIGHTS

Members entering into a marriage with a person of another faith, and who do not accept the Dukh-i-zhiznik Molokan Faith, and marry outside of the Dukh-i-zhiznik faiths Molokan Church, forfeit all rights of membership privileges of this Association. Children and spouses of such marriages shall be given no privileges of this Association. No financial reimbursement shall be made to such former members. In the event of death of the former member of the Dukh-i-zhiznik faiths Molokan Church, by consent of the Board of Directors, the parents or relatives may bury only the former member. Burial services shall be according to the Dukh-i-zhiznik Molokan Faiths.

ARTICLE XI — MEMBERSHIP FEES

FEES

Adult membership fees shall be assessed on a lifetime one-time payment basis in an amount as shall be determined by the Board of Directors.
Minors to their sixteenth birth date shall be assessed one half the adult rate. Upon the sixteenth birth date adult rates shall apply with credit given for any previous payments received.
Partial payments received (installments) shall be credited but the amount of the final payment shall be determined by the fee that is in effect at the time final payment is made.
Membership fees shall provide for the following services: dig the grave, prepare the grave and grave site (burial vault provided), burial supervision, closing of the grave and continuous grounds care.
Monuments are not provided nor is the care and maintenance of monuments provided as a part of the fee structure.

FEE REIMBURSEMENT

Members' funds, paid for burial rights or privileges, are not refundable, ex- changeable or transferable. Likewise, members who have died and have been buried elsewhere, shall not be entitled to refund, exchange or transfer of funds.

REASSESSMENTS AND REFUNDS

No additional membership fees shall be assessed nor likewise shall any refunds be given to paid up memberships due to changes in the membership fee structure.

FEE ASSESSMENT

The Board of Directors shall review the membership fee assessment annually, prior to years end, and may make any fee adjustments as become necessary.

ARTICLE XII — CONDUCT OF THE CEMETERIES

FENCE AND LOCK

The grounds shall be completely enclosed with a secure fence of adequate height and with a gate wide enough to permit the entrance of a funeral procession. The gates must be maintained locked. The president and caretaker shall each have a key to the gates.

CARETAKER

A caretaker shall be employed by the Board of Directors, which shall fix his compensation and shall have the right to remove him at any time. He shall be selected from the Brotherhood. The Board shall exercise extreme due care in the selection of a proper person for this office. His duties shall consist of the following: Act as watchman, arrange for the digging of the graves for the deceased and bringing the grave to good order following burial. He shall be required to maintain the cemeteries in a proper condition at all times. In addition, he shall be given such other duties as the Board may determine from time to time.

EMPLOYEES

The Board of Directors may hire any person or persons deemed necessary for the normal operations of the cemeteries. These positions of employment include but are not limited to the following job classifications: clerical, janitorial, landscape/grounds maintenance, mechanic, common laborer.

GATES

The caretaker shall have the official duty to open the gates for burial after having ascertained that proper burial permits from appropriate authorities have been issued.

ARRANGEMENT OF GRAVES

The graves must be arranged in accordance with plans of the Board of Directors which may be revised and reformulated from time to time by the Board. In doing so, the Board shall arrange:
(1) A row for married persons;
(2) A row for single and young people, unmarried;
(3) A row for children.
The coffin must be placed with the head to the west and the face directed towards the east. []

BURIAL OF THE DECEASED

Burial procedures and subsequent lowering of the casket into the grave must be presided by a recognized minister of the Dukh-i-zhiznik Molokan Faiths and shall be accompanied by the prescribed Molokan ritual prayers and singing. The grave must immediately be covered as prescribed by the Dukh-i-zhiznik Molokan Faiths, without gratuity. No other rituals shall be permitted. Cremations and any services or rituals pertaining to cremations are also prohibited.

MONUMENTS AND INSCRIPTIONS

All monuments shall be of a permanent material such as stone, non- ferrous metal or ceramic with size, inscriptions and embellishments conforming to rules and guidelines for monuments and subject to approval by the Board of Directors.

1. MONUMENT SIZE

Monuments shall not exceed the following dimensions. Singles: 26" in width and 36" in height including foundation. Doubles: 52" in width and 36" in height including foundation.

2. INSCRIPTIONS AND EMBELLISHMENTS

Inscriptions on all monuments shall be inscribed in Russian script. The first, paternal and surname only may be inscribed in English below the Russian text, as well as appropriate words of endearment or biblical quotations. Monuments inscribed or embellished with the following will not be permitted: All English script, crosses, picture images of any kind, statuary of any type.

3. MONUMENT TYPE AND PLACEMENT

Single monuments shall be placed on single (individual) grave sites. Double monuments may be placed, in lieu of two single monuments, provided the two grave sites are adjoining. All monuments shall be placed at the grave site at the head of the deceased in permanent fashion.

SUPERVISION OF TRAFFIC

The Board shall designate one person for each funeral who is a member of the Association, who shall have the duty to supervise all traffic, parking of vehicles and the proper procedural conduct of the burial.

ARTICLE XIII — REPORTS

The Treasurer and Secretary must each give a report to the Directors of the activities of their respective offices and the condition of the Cemetery Association on a quarterly basis beginning in the month of January of each year. Once a year the Treasurer and Secretary shall respectively render a complete annual report to the Directors.

ARTICLE XIV — BOOK OF RECORDS

The Secretary must maintain a book of records which will be shown all members of the Cemetery Association. He must maintain a record of all members being granted burial privileges in this Association. These records must also reflect the exact burial date, date of birth and location of burial grave.

ARTICLE XV — AMENDMENTS

These By-Laws may be amended in the following manner: All parishes must be informed of the nature of any proposed amendment. Thereupon a General Meeting of the Directors shall be held, at which meeting these Directors shall be guided by any specific instructions given by each parish. The Directors shall vote and a simple majority vote shall be sufficient to effect an amendment. To facilitate action upon an amendment, the Board of Directors may submit an amendment to be considered by the representatives of each parish. When any such amendment has taken place, it shall be in the form of a new article amendment and be inserted in the By-Laws in its proper place with a notation as to its date of passage and effect. Should this amendment modify any other article in these By-Laws, a notation shall be made by footnote indicating that such article has been modified, repealed, amended, etc., and giving reference to the amending article. Outside persons, committees, companies, clubs, brotherhoods, unions, circles, and any others, whoever they may be, are not permitted to change these By-Laws or influence the managing of the Cemetery. The only rightful management of the Cemetery must be according to the principles of the Dukh-i-zhiznik Molokan Faiths.

Dukh-i-zhizniki in America