Non-profit, Colo. AG reach agreement

Bryan Cohen Apr. 30, 2012, 2:00pm


DENVER (Legal Newsline) - Colorado Attorney General John Suthers announced an agreement on Monday with a Trinidad non-profit organization resolving allegations that the organization did not conduct business according to relevant laws.

The Trinidad Catholic Cemetery Association also allegedly did not conduct business according to its bylaws or articles of incorporation. The organization was not operating with a seven member board as was required by its own bylaws. Additionally, for the past 14 years, the organization did not limit its board members to one year terms as is required by statute.

The cemetery association also allegedly failed to maintain records of its proceedings, filed inaccurate federal form 990s and failed to make appropriate deposits into its perpetual care fund.

Under the terms of the agreement, the Trinidad Catholic Cemetery Association must reconstitute its current board of directors, replacing multiple directors right away and adding new members by September. The agreement prohibits the board from altering its bylaws until the new board of directors is appointed. The new board will be required to hire legal counsel to assist the board for at least one year and must vote on whether to include a Catholic priest to serve on the board.

Additionally, the cemetery association must solicit bids for any project costing more than $1,000, record any conflicts on the board connected to any related transactions and put aside at least 30 minutes of each meeting to receive public comment. The organization must also submit to independent audits for the next three years to be reviewed by Suthers' office.

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