In the past five years, the Brewer Hill Cemetery Association has been approved for at least $320,000 in funding from the state of Maryland to support conservation efforts for the cemetery they maintain in Annapolis, yet the property itself is neglected and has been for years.
Grass is overgrown throughout the cemetery, headstones are broken and compared to its neighbor, Annapolis National Cemetery, it’s a tale of the haves and have nots.
Brewer Hill Cemetery was established in 1884 and “is the oldest Black graveyard in the City of Annapolis,” according to the Maryland Historical Trust.
The money
In 2024, the Brewer Hill Cemetery Association was approved for a $250,000 grant for conservation efforts from the state, which was announced on Maryland Historical Trust website.
According to the terms of the grant, the funds could not be used for maintenance.
“The Brewer Hill Cemetery has been awarded $250,000 in FY24 to fund (in part) their larger multi-phased cemetery conservation project,” explained Chanel C. Compton, executive director of the Maryland Commission on African American History & Culture.
Compton stated, “Multiple phases of the project are addressing major issues that threaten the cemetery’s structural integrity and the Maryland Commission on African American History and Culture and the Maryland Historical Trust are working with Brewer Hill Cemetery to address their conservation priorities and pursuit for funding for other phases of the project.”
When the grant was approved, the Brewer Hill Cemetery Association hadn’t filed the required tax forms with the Internal Revenue Service (IRS) since 2022, according to both the IRS website and the ProPublica website.
According to Kristin Fleckenstein, deputy secretary of the Maryland Department of Planning, the fact the cemetery hadn’t filed with the IRS for two years doesn’t make a difference to approving a grant. They only need to be in good standing with the State Department of Assessments (SDAT).
The SDAT online database shows Brewer Hill Cemetery Association in good standing currently and back to 2016.
The association does not appear on the online Maryland Secretary of State’s public registry of charities.
According to the website for the Maryland Secretary of State, “Under the Maryland Solicitations Act, Title 6, Business Regulation Article of the Annotated Code of Maryland, a charitable organization soliciting in Maryland generally must file documents with the Office of the Secretary of State. Registration is required prior to the commencement of solicitations.”
Multiple messages to the office of the Maryland Secretary of State have gone without reply.
Unlicensed and no oversight
How does a grant for so much money get approved for an organization that hasn’t been able to provide the most basic upkeep for the cemetery? Where’s the oversight?
There was more than just oversight missing
This reporter reached out to the Maryland Office of Cemetery Oversight (OCO), which is part of the Maryland Department of Labor.
Dinah Winnick, spokesperson for the Maryland Department of Labor, emailed, “We do not have any information on this. The OCO licenses some but not all cemeteries in Maryland. The Brewer Hill Cemetery is not one of our licensees.”
It’s understandable the Maryland Department of Labor wouldn’t have information on a grant coming from a different agency in the state, but surely there must some oversight.
This reporter sent an email asking additional questions about oversight. We’ll get to that.
To review, the Brewer Hill Cemetery has been neglected for years, it was unlicensed by the state, there was no oversight by the state, the federal tax forms for the Brewer Hill Cemetery Association hadn’t been filed in a couple of years and the association was approved for a grant from the state for $250,000.
The grant hasn’t been spent yet
Getting approved for a grant doesn’t necessarily mean the money starts flowing right away.
“They haven’t spent any of the FY24 AAHPP funding for several reasons” began Fleckenstein. “We’ve been working with the grantee on developing an RFP, but were waiting on an engineering study that was completed for the City of Annapolis on stabilizing the walls of the ravine connected to College Creek to prevent further impacts to the cemeteries on either side. (Brewer Hill is on one side and the Annapolis National Cemetery is on the other side). That study is informing the work at Brewer Hill.”
In other words, the money hasn’t been given to the association yet.
“None of the award has been spent to date, and none would be provided to the grantee until they submit invoices, photos and relevant documentation for approved and completed work,” explained Fleckenstein.
More money and a past issue
In July 2020, then-state Del. Shaneka Henson and then-state Sen. Sarah Elfreth jointly announced on Facebook $70,000 in funding for conservation efforts for the cemetery.
“The District 30A delegation secured $70,000 in Capital funding for the Cemetery in order to help restore the 800-foot brick wall and multipurpose building, and repair the wrought iron gate, as well as replace damaged portions of the iron fence and missing ornamental pieces,” their posts stated.
According to Fleckenstein, “We’re not sure what the source of the $70,000 from 2020 was, but it wasn’t an AAHPP or HP Capital Grant. We don’t have any information on that funding or how it was or wasn’t spent.”
Compton indicated she didn’t know about this funding either, but did indicate she’d look into it.
At the time this article was published, Henson’s office had not yet provided an answer to whether they were aware if the funds had been used.
As mentioned, the association has not filed the required tax form with the IRS for the last two years.
This isn’t the first time there’s been such a delay.
In 2014, the Brewer Hill Cemetery Association lost its non-profit status, according to the IRS website. They got it back in 2017.
According to the IRS, they revoke a non-profit status for not filing a Form 990-series return or notice for three consecutive years.
The state was aware of this history.
“Organizations do not have to be tax-exempt to be eligible for AAHPP funding, but they do need to be in good standing with SDAT,” explained Fleckenstein. “In the routine entity check, their lost and reinstated status came up and is in our records, but is not material to the award.”
A surprising turnabout
As you recall, this reporter asked some additional questions to the Maryland Department of Labor about cemetery oversight- the response was quite a surprise.
Winick wrote, “Prior to your inquiry, the Brewer Hill Cemetery was categorized in Office of Cemetery Oversight (“OCO”) records as a government-owned cemetery. Government-owned cemeteries, as well as religious cemeteries, are specifically exempted from OCO licensing. However, after receiving your message, the OCO researched the ownership of this cemetery and found this classification was incorrect and that Brewer Hill should be licensed by the OCO. The OCO is beginning that process immediately.”
That means Brewer Hill Cemetery will now be licensed and will have oversight by the state.
Winick wrote, “The OCO has laws and regulations to prevent cemeteries licensed by the OCO from being abandoned or falling into disrepair. The OCO has the power to investigate complaints, bring charges, and hold hearings.”
Her email continued, “If a cemetery is found to have violated the OCO’s laws or regulations, the OCO may issue seek and desist orders to stop cemeteries from operating until the violations are rectified, suspend or revoke licenses, issue fines, or if the violations are severe, the OCO may file for injunctions in court, or refer violations to the Office of Attorney General for civil enforcement or the State’s Attorney’s Office for criminal enforcement.”
How did this classification mistake happen? The cemetery could have had oversight for so many years. Perhaps there wouldn’t have been the neglect.
“Unfortunately, information isn’t available on when this cemetery and its classification were entered into the system, but I believe this is the first time we have received an inquiry regarding this specific cemetery,” stated Winick. “We appreciate your reaching out.”
Whether state licensing and oversight will be enough to fix the many issues at Brewer Hill Cemetery remains to be seen.
Hallowed grounds
Carl Snowden, a civil rights advocate and convener of the Caucus of African American Leaders, recently stopped by the cemetery.
“I was stunned to see the overgrowth and apparently there is no maintenance going on at all,” he said.
Snowden reflected on the history of the cemetery.
“The Brewer Hill Cemetery contains the remains of John Snowden and Henry Davis,” he stated. “Snowden, the last man executed in the City of Annapolis, and Davis, who was lynched in Annapolis.”
There are others.
“There are veterans of the Civil War, Korea, World War I, World War II, Vietnam, and the like,” explained Snowden. “This cemetery must be preserved and maintained with the dignity it deserves.”
Barbara Brown has a lot of family members in the cemetery, including her grandmother, great grandmother, great grandfather and four uncles.
I rode past yesterday with my husband,” began Brown. “I always talk to my grandmas and said, ‘oh my god, look at that grass.'”
She’s worried about walking in the cemetery because of fear of snakes.
“Because the grass is so tall,” Brown explained.
There are all of those broken headstones too.
“It just looks bad,” Brown said. “It looks real bad.”
What does the association have to say?
Failure to file tax forms in a timely manner and not keeping up with the maintenance needs of the cemetery doesn’t necessarily mean ill intent – a lack of resources, such as volunteers, money and training, could certainly be part of it.
Reginald Harris is the president of the Brewer Hill Cemetery Association.
“I’ve been there 15, 20 years – I wasn’t the president when I first started,” Harris said.
When asked about the delay in filing tax forms, Harris responded, “it hasn’t been filed for two years? That can’t be right. I have to check that.”
As for the grant money, Harris said, “I’ve not received one cent from any grant yet.”
When told about the new oversight from the state and possible consequences, Harris questioned how there could be any consequences for a group of people comprised of volunteers.
“We’re an association of volunteers,” he said. “I don’t understand – we’re volunteers.”
Harris blamed the ongoing maintenance issues on a lack of money.
“Brewer Hill Cemetery is a private cemetery – a group of us took it over it and Brewer Hill does not have any funding,” he said. “We have fundraisers to cut the grass and lately that hasn’t worked too well.”
He said the group was planning on meeting to “establish some fundraisers.”
“We get people ask why the grass isn’t cut,” said Harris. “The grass isn’t cut because we don’t have any money.”
Harris also indicated he sends out a mailer every year asking for donations from those who have family in the cemetery – he said many don’t donate, then complain about the grass.
Years of neglect
If people continually see the cemetery looking neglected, with things getting worse, rather than better, why keep donating? What were people supposed to do?
They could’ve complained to the state, but again, there was no license or oversight by the state. That’s now changed.
Some state officials have clearly been trying to help the association, but the help needed might go beyond providing money here and there, guidance for big ticket work and engineering studies.
“There’s a lot of goodwill in the community, there are a lot of good people with expertise who would be willing to help,” said Snowden.
Brewer Hill Cemetery is within a mile of the Maryland State House (home of Maryland state government), Annapolis City Hall (home of the Annapolis city government) and Arundel Center (home of Anne Arundel County government).
The cemetery is on a main thoroughfare, a state-maintained road, in Annapolis, the state capital.
How is it possible that no city, county or state officials ever questioned the licensing and oversight when this cemetery has been neglected for years?
These neglect issues have been right out in the open, not hidden and on hallowed ground.
If you have a complaint about a state licensed cemetery in Maryland, you can file it here.
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Donna L. Cole is an award-winning investigative and multimedia reporter. She’s also a veteran of the U.S. Navy.
Reporters note – the reason for this story was because it was one too many times of driving by the cemetery and questioning (mostly to myself) why it looked so bad. I was angry, frustrated and sad. I decided to channel those feelings into some journalism and this is the result. The people in this cemetery deserve better. Their families and friends deserve better. It’s heartbreaking this neglect has been allowed to continue for years in our state capital.
If you have thoughts you’d like to share, please do so in the comments below.
Many cemeteries look under kept everywhere, there’s one on old Annapolis Neck Rd too same, and my grandfathers in St Mary’s County in MD.
Today is very sad that most of us and many people cannot afford a cemetery plot for themselves or loved ones. I look at cemeteries with great love and honor. My mother always visited and weeded graves and cleaned tombstones of friends and ancestors; and we learn from our parents and family.
Storms for 100 + years have definitely sunken in graves and misplaced tombstones.
Most of us cannot afford those today too.
Going forward there’s a lot to manage for continued burials, and maybe grants can help all that know there’s no funds for plots.
Love driving by for decades these very large cemeteries on West Street with a gate and stone wall and hundreds of buried and protected.
Thank you for this article. As a fairly new Annapolitan (I moved here last year from WV) I have enjoyed learning so much of the history here, and as a middle aged white woman, I can honestly say I’ve been fascinated with the rich history of African American’s in this area, from Kunte Kinte to recently visiting Elktonia Park/Carr’s beach, and as much as I hate to say it, your article instantly made me Think to myself “still doing the same thing to black people and their history today huh?” By that I mean the feeling I got that made me nauseous reading that Carr’s beach and Sparrow’s beach went from being important places to African Americans to being made into a wastewater plant facility for many years before being properly protected and taken care of by all of us. I had no idea what this cemetery’s even was until reading this, but it’s embarrassing to Annapolis and it’s leaders that no one made it a point to figure out why it was being neglected, and there will only be denials and a lack of accountability on our politicians and other state employees who drive past it every day. Perhaps the cemetery oversite dept should be required to check on all cemeteries in the state in person to be able to address places like this being in such poor shape. May I suggest to the State of Maryland their very own HOA like the rest of us are forced to contend with in our neighborhoods? I can’t let my grass grown more than a week without a fine and a sternly worded letter from some home owner association busy body causing me stress. It seems almost deliberate to me, that only this cemetery right in plain view to everyone going to the state house, is neglected. Thank you for drawing attention to this to the right people, hopefully it will be top priority to our elected and appointed officials.
Jim O’Neill
jimoneill214@gmail.com
I work for LeafFilter the largest US gutter company. Drove by today and saw the gutter and rotten fascia on the building off West St. Who could I contact to offer to do the work at cost?
Just sent you an email with the phone number for Mr. Harris. He said it’s ok giving it to you, although he did indicate the work is already under contract. It hasn’t been started yet though.