ONEIDA -- CNY Central has received a response from the New York Department of State following our series of reports outlining complaints against the Valley View Cemetery in the City of Oneida. The State could find no violations of its regulations.
On January 13th, Joann Albro complained to us that she was kicked out of the cemetery where her son is buried. She says she was told to leave by a representative of the Valley View Cemetery because it is closed for the winter. After the story aired, we received calls and emails from other families with loved ones buried at the facility. Not only did they complain of what they considered to be overly strict rules and regulations, several also claimed they were told they could dig up the remains of their relatives and move them elsewhere if they didn't like the rules.
In an email received Wednesday evening, Department of State Spokesman, Chris Valens wrote: "there is no provision in the law that requires the cemetery to allow access to grave sites in the winter." However Valens added: "it is our view that, circumstances permitting, cemeteries should allow visitor access to their cemeteries on foot, but there is no state law or regulations that specifically mandates this."
The Department of State has not cited Valley View for any violations in the past 15 years, but anyone with a complaint is urged to fill out a complaint form on its website: Valens wrote: "Once we are made aware of a consumer complaint we immediately open an investigation and work to bring the matter to a successful resolution."
The cemetery is operated by the Sherrill-Kenwood Cemetery Association. Neither the Superintendent, Daniel Tourville nor Board President Gordon Silsby have responded to our repeated requests to respond to the mounting complaints we have received.
Below is an excerpt from the email from Chris Valens:
Cemeteries are required to perform internments 6 days a week unless they are unable to do so as a direct consequence of severe weather or other similar conditions (section1510(b) of the NPCL). However, there is no provision in the law that requires the cemetery to allow access to grave sites in the winter. This particular cemetery has a rule stating that: "vehicles entering the cemetery, ...graveside services and similar activities may be refused. Sole discretion of this rests with the superintendent."
It is not uncommon among cemeteries in the snow belt region of upstate New York to prohibit vehicles from entering the cemetery during the winter months when weather conditions are less than ideal. Plowing and general upkeep can be cost prohibitive for many cemeteries and vehicles may destroy cemetery lands in hazardous weather and force cemeteries to undertake costly repairs. With that said, it is our view that, circumstances permitting, cemeteries should allow visitor access to their cemeteries on foot, but there is no state law or regulation that specifically mandates this.
