Merced Sun-Star
A bill aimed at helping the beleaguered Evergreen Memorial Park and Funeral Home was vetoed by Gov. Arnold Schwarzenegger this week.
But he also signed one that could help prevent future Evergreens.
AB 1816 was crafted by Assemblywoman Cathleen Galgiani, D-Stockton, earlier this year in response to residents' concerns after the 1480 B St. cemetery had fallen into a state of disrepair.
Co-authored by state Sen. Jeff Denham, R-Merced, AB 1816 would have allowed a court to authorize the state's Cemetery and Funeral Bureau to appoint a temporary manager of cemetery endowment care funds to properly maintain a private cemetery, especially if that cemetery has become abandoned or neglected.
In his veto message, Schwarzenegger said he returned the bill because "the courts already maintain and have exercised authority to appoint temporary cemetery managers when circumstances warrant."
Galgiani said she and her staff worked with the state's Cemetery and Funeral Bureau in creating the bill. While she was disappointed the bill wasn't signed, Galgiani said she and Denham will meet to determine their next step. They will also ask the governor's office to provide "as much information as they can" about the court's existing authority.
"At this point, my highest priority would be to try to resolve this under existing law," Galgiani said. "The community has waited over a year already, and it's unforgivable that families would have to be put through this torment -- that their loved ones are not being cared for in a respectful manner."
Galgiani may also pursue getting a court-appointed temporary manager of the cemetery without having to pass legislation. "The goal has always been to ensure that the cemetery is managed properly. If we're not able to do that, or we find that we're facing too many hurdles, we may introduce another bill in January as a backup plan," Galgiani said.
Problems for the cemetery began to mount last year, with families complaining about conditions, such as sinking graves, broken headstones, litter and overall poor conditions.
Ralph Gonzalez, a resident with several family members buried in the cemetery, including his wife Annie and his parents, said he was shocked by the governor's decision to veto the bill.
Gonzalez said the poor conditions at the cemetery are also an insult to the many war veterans buried there. "I do question (the governor's) way of thinking. This bill should have been signed. It shouldn't have been pushed to the side," Gonzalez said. "I think that bill was well put together. I don't think he understands it."
Still, even though Schwarzenegger vetoed AB 1816, he signed another bill authored by Galgiani in response to Evergreen's ongoing problems. The bill, AB 1911, requires anyone who applies for a state funeral or cemetery license to provide all copies of managerial contracts and ownership. The bill also prohibits a funeral home from hiring an unlicensed funeral counselor.
Galgiani said AB 1911 was the result of the "shared experience" of families with loved ones buried in the cemetery. "While it's not the immediate solution for Evergreen, it will ensure that other communities will have greater protections in the future from situations like this." Galgiani said.
Evergreen has been without an operating license since last year. The state Cemetery and Funeral Bureau also denied Evergreen's applications because Michael Wallace, who the state maintains is the owner of the company that operated Evergreen, owes the state more than $44,000 in fines and fees.
Wallace owes those fines and fees because of a long list of violations that happened while he was director at Madera Funeral Home. Because of those violations, the state revoked Wallace's funeral establishment license and director's license in 2003.
In August, a Merced County Superior Court judge removed an injunction preventing the cemetery from being sold, after a settlement among parties with outstanding loans owed by the cemetery. Because of the outstanding loans, which totaled $2.1 million, Evergreen had been in foreclosure since last October.
The cemetery still hasn't been sold. Eddie C. Walker, listed as the president of Evergreen, filed for Chapter 7 bankruptcy last week in the U.S. Bankruptcy Court, Eastern District of California, according to court documents.
A hearing on the cemetery's bankruptcy status is scheduled for Oct. 15 in the U.S. Bankruptcy Court Eastern Division of California, Fresno Division.
Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.
