HomeMy WebLinkAbout1989-048 CCR1
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Member Celia Scott introduced the following resolution and
moved its adoption:
RESOLUTION NO. 89- 48
RESOLUTION SUPPORTING SPECIAL LEGISLATION TO REPEAL MINNESOTA
LAWS OF 1967, CHAPTER 815, PERTAINING TO THE BROOKLYN CENTER
FIRE DEPARTMENT RELIEF ASSOCIATION
WHEREAS, during 1967, the City Council supported, and the Minnesota
Legislature adopted, special legislation for the Brooklyn Center Fire Department
Relief Association (Association) which effectively permitted the Association to
pay retirement benefits in excess of the amounts then permitted under the general
legislation applicable to volunteer fire relief associations; and
WHEREAS, in 1978, the City Council supported an amendment to the 1967
special legislation which once again permitted the Association to exceed the
benefit limitations of the original 1967 special legislation (Minnesota Laws of
1978, Chapter 683, Sections 1 -8); and
WHEREAS, in 1979, the Legislature restructured all of the pension laws
applicable to volunteer fire relief associations and adopted new general legisla-
tion cited as Minnesota Statutes Chapter 424A; and
WHEREAS, at the same time the new legislation was adopted in 1979, the
Legislature also repealed a portion of the 1967 special legislation in Minnesota
Laws of 1979, Chapter 201, Section 44; and
WHEREAS, the 1979 general legislation now provides for benefit levels in
excess of the original 1967 special legislation and all subsequent amendments; and
WHEREAS, there is considerable conflict between Chapter 424A and the
amended 1967 special legislation; and
WHEREAS, this conflict has been the source of considerable confusion
over the past ten years; and
WHEREAS, it is the City Attorney's opinion that Chapter 424A was intended
to supersede completely the special legislation which had previously been adopted
for the benefit of the Association; and
WHEREAS, Chapter 424A is comprehensive in scope and cannot be reconciled
with various portions of the existing 1967 special legislation; and
WHEREAS, the existence of the unrepealed portions of the 1967 special
legislation has continued to create problems of interpretation for both the City
and the Association; and
WHEREAS, the repeal of the 1967 special legislation has been approved by
the Association's Board of Directors.
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RESOLUTION NO. 89 -48
NOW, THEREFORE, BE IT RESOLVED by the City Counci of the City of
Brooklyn Center, Minnesota to support special legislation to repeal the original
1967 special legislation and its 1978 amendments; and
BE IT FURTHER RESOLVED that the City Clerk is directed to prepare
sufficient certified copies of this resolution and transmit them to the
appropriate officials at the State Legislature.
Mkarch 13, 1989
Date
ATTEST: ccc/
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The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka and upon vote being taken thereon, the following
voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Todd Paulson,
and Jerry Pedlar;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.