Loading...
HomeMy WebLinkAboutResolution 77-20CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES 590 40th AVENUE N. E. COLUMBIA HEIGHTS, MINN. 55421 (612) 788-9221 EQUAL OPPORTUNITY EMPLOYER OUR NATION'S BICENTENNIAL BRUCE G. NAWROCKt, MAYOR E. "SEBE" HEINTZ, COUNCILMAN WALTER LOGACZ, COUNCILMAN GAYLE r[ NORE~EI~G, COUNCILMAN t<ENNETH E. HEN~GES, COUNCILMAN "SERVICE IS OUR BUSINESS" F~SOLUTION No, 77- 20 WHEREAS., It is necessary and expedient to clarify proceedings of admin- istration of the retirement fund of the Columbia Heights Fire Department Relief Association Paid Division; and WHE~>CAS, in response to such need, a bill for an act relating to the City of Columbia Heights Mire Department Relief Association; an establishment of paid division and volunteer division of the association and the administration of each division; benefits and contributions; membership of certain fire personnel in the public employees' police and fire fund; repealing Laws 1975, Chapter 424~ Section 3; repealing Laws 1965, Section 6; amending Laws 1975, Chapter 424, Sec~ tion 9, has been prepared; and ~HEREAS, all members of the Columbia Heights Fire Department affecte~ by such bill are in support of the tez~s and provisions therein, NOW, THEREFORE, BE IT RESOLVED that the Columbia Iteights City Council is in favor of and approves the terms and provisions of such bill~ BE iT ~THER RESOL%~D that copies of the said bi!l ba given to Minnesota State Legislators representing the various areas of Columbia Heights in the House and Senate and that the Said Senators and Representati~.-es be requested to intro- duce and support the bill in the Legislature, Date: April ll, 1977 Offered by: Heintz Seconded by: N0rberg Roll call: All Ayes Secretary to t~e Council A bill for an act 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '22 23 24 25 26 27 28 29 3O 31 relating to the city of Columbia Heights fire department relief association; an establishment of paid division and volunteer division of the association and the administration of each division; benefits and contributions; member- ship of certain fire personnel in the public employees' police and fire fund; repealing Laws 1975, Chapter 424, Section 3; repealing.Laws 1965, Section 6; amending Laws 1975, Chapter 424, Section 9. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Notwithstanding the provisions of any general or special law to the contrary, all firemen and firewomen first employed by the city of Columbia Heights after January 1, 1975 shall be members of the public employees police and fire fund operated pursuant to Minnesota Statutes, Sections 353.63 to 353.68. Such firemen or firewomen shall not be members of the Columbia Heights fire department relief association paid division or the Columbia Heights fire department relie~ association volunteer division as defined in this chapter nor shall they be subject to any law relating thereto. Sec. 2. The Columbia Heights fire department relief association shall be, and hereby is, separated into two (2) divisions. One division shall be for the benefit of paid full- time regular firemen who were or have been regularly entered on the payroll of the fire department of the city of Columbia Heights, serving on active duty on or prior to December 31, 1974 with a designated fire company, or with an electrical or mechanical division of the fire department whose members are subject to like hazards, and firemen who had charge of one or more companies '3 5 6 7 8 9 10 I1 13 15 16 17 19 20 21 122 24 26 !29 ~30 :31 ~32 33 35 36 of the Columbia Heights fire department engaged in the hazards of fire fightThg. The aforementioned division shall be known as the Columbia Heights fire department relief association, paid division" hereinafter referred to in this chapter as "paid division". The other division shall be known as the "~olumbia Heights fire department relief association, volunteer division" hereinafter referred to in this chapter as the "volunteer division", which division shall include all volunteer firemen or firewomen herein- after called "volunteers", of the city of Columbia Heights. Volunteers shall be persons who are not regularly entered on the full time payroll of the .lira department of the city of Columbia Heights, but who regularly comply with such rules as may be prescribed by the Columbia Heights City Council or such rules as may be prescribed by the public safety director or fire chief of the city of Columbia Heights upon delegation by the City Council to such public safety director or fire chief of the right to prescribed rules for service by volunteer firemen with the fire department of the city of Columbia Heights, and who by reason of their status as such volunteer firemen are engaged in the hazards of fire fighting. Women employed as paid or volunteer firemen shall be referred to in this chapter as "firemen". Sec. 3. The fire department of the city of Columbia Heights shall continue to maintain the Columbia Heightsfire department relief association incorporated under the laws of the state. The Columbia Heights fire department relief association, also known as the Columbia Heights fireman's relief association, shall hereinafter be called the Columbia Heights ~fire department relief association, shall have perpetual corporate existence, except as provided in this Act and shall be maintained as set out in this Act, other applicable state laws, the articles of incorp- oration of the Columbia Heights fire department relief association, and bylaws thereof. The paid division shall be governed by Minnesota laws in effect on the date this Act becomes effective and such division shall be considered a separate relief association governed by the provisions of all special or general laws which govern the 1 2 3 4 5 6 7 8 ~9 11 13 L4 t16 117 .19 20 21 .23 24 25 26' 27 28 29 3O 31 32 34 Columbia Heights fire department relief association on the date this Act becomes effective.' Any conflict between the provisions of this chapter and the provisions of "The Volunteer Firemen's Relief Association Act of 1971", Minnesota Statutes Chapter 69 or 424, Minnesota Laws 1965, Chapter 605, Minnesota Laws 1975, Chapter 424, or the articles of incorporation or bylaws of the Columbia Heights fire department relief association shall be resolved in favor of the provisions of this chapter as amended from time to time. Sec. 4. The volunteer division shall be governed by Minnesota laws in effect on the date this Act becomes effective, including this Act, and such division shall be considered a separate division of the Columbia Heights fire department relief association governed by the applicable provisions of ali special and general laws which govern the Columbia Heights fire department relief association volunteer division. Sec. 5. All persons who are volunteer members of the Columbia Heights fire department relief association on the date this Act becomes effective shall have the right to continue as members of the association as members of the volunteer division and be entitled to all benefits pertaining thereto, :and any member involved under 'the definition of firemen herein provided shall have the right to retain his or her membership on promotion or appointment to .other positions to which such firemen herein may be subject. Volunteers shall not be eligible to be members of the paid division during any period that such person is a volunteer and paid firemen shall not be eligible to be members of the volunteer division during the period that such person is a paid full-time regular fireman. Sec. 6. The Columbia Heights fire department relief association shall continue to maintain a paid division, which division shall have terminable existence as provided in Section 9 of this Act. 1 2 3 ',4 '7 :9 10 ll 12 13 14 ~5 16 17 18 19 2O 26 3O 31 33 Sec. 7. The Columbia Heights fire department relief association paid division shall continue to be organized, operated, and maintained in accordance with its own bylaws and the articles of incorporation of the Columbia Heights fire department relief association. The paid division shall continue to regulate its own management and its own affairs, and have all additional corporate powers which may be necessary or useful; subject to the regulations and restrictions of all applicable laws of this state pertaining to corporations, not inconsistent herewith. Sec. 8. A paid fireman under this Act is a fireman who was regularly ehtered on the payroll of the fire depare_ment of Columbia Heights, serving on active duty on or prior to December 31, 1974, with a designated fire company therein, or having charge of one or ~ore of the companies and engaged in the hazards of fire fighting; and includes all members of the electrical and mechanical divisions of the fire department who are subject to like hazards; and shall not include volunteer firemen of the city. All paid firemen who were members of the Columbia Heights fire department relief association on the date this Act became effective shall have the right to continue as me~bers of the association and be entitled to all benefits pertaining thereto, and any member included under the definition of a paid fireman herein provided shall_have the right to retain his membership on promotion or appointment to other positions to which such firemen herein may be subject. This Act shall not affect any pensions or other benefits which have been allowed or which are being paid by such relief association under or in accordance with any prior law in effect on the date this Act becomes effective. Sec. 9. Notwithstanding the provisions of any other law to the contrary, the governing body of the paid division shall be composed of a board of trustees. The board of trustees shall consist of six (6) active paid firemen, except as otherwise provided herein. The officers of said board of trustees shall be a president, one or:more vice presidents, a secretary, a treasurer, assistant secretary, and assistant treasurer. Each officer shall be elected · , 77..20 1 2 4 6 7 8 9 10 11 12 13 14 15 16 17 '18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 by the member~ of the paid division. A member of the paid division is hereby defined to include retired, disabled (whether permanently or temporarily), and active members. Nothing contained herein shall active prevent a temporarily disabled/member from being elected or continuing as an officer of the board of trustees. In the event there are not six active members, or temporarily ~isabled/~rs, to fill the required six offices, the number of required offices shall be reduced active to' the number active or temporarily disabled/members available. ' Provided in no event shall said board of trustees consist of less than two (2) officers, and said officers shall be a president and'a secretary. In the event there are not enough active or ,active temporarily disabled/members to act as a board of trustees, the paid division shall be governed as provided in section 11 of this Act. Sec. 10. The affairs of the paid division shall be managed by the board of trustees in the manner prescribed by law or the articles of incorporation of the association and any such board of trustees of the paid division shall have exclusive control and management of all funds allocated to it under applicable law and received by its treasurer, including the funds derived under the provisions of Sections 424.30 and 424.31, as amended from time to time, and funds derived from the state of Minnesota, and all monies or property donated, given, granted, or devised for the benefit of these'funds; and such funds when received shall be kept in a separate account in the special fund account of the paid division and never disbursed for any purposes except the following: (t) For the relief of sick,~injured, and disabled members of any fire department in such city; (2) For the payment of pensions to disabled firemen and the widows and orphans of firemen; (3) For the payment of pensions to retired firemen pursuant to the laws of the state; (4) For the payment of the fees, dues, and assessments in the Minnesota state fire department association paid 5 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 division,' so as to entitle the members of any qualified fire department to membership in and benefits of such state association; (5) For the payment of funeral benefits, if so provided in the division's bylaws, and subject to ~he following requirements and limitations: (a) The decedent must have died while serving as an active member of the paid division, (b) The decedent must ha~e completed a period or periods of service equal to twenty (20) years or more, (c) The decedent must have died without a surviving spous~ or minor child, entitled to benefits from the Columbia Heights fire department relief association; Provided in no event shall the funeral benefit exceed the greater of: [1] The actual unrei~bursed expenses incurred by the estate or representative, or, [2] Two thousand dollars ($2,000.00); (6) For the payment of necessary expenses of administering such fund; (7) In the event that there are no paid members available to act as a board of trustees, such funds shall be paid to a trustee, as provided in section 11 of this Act, for the benefit of the recipients of such funds and for purposes consistent with (1) through (6) hereinabove. The funds received by any relief association from dues, fines, initiation fees, and entertainments shall be kept in a fund called the general fund and may be disbursed for. any purposes authorized by the articles of incorporation and bylaws of the association, including disbursement to the special fund. The relief association is hereby authorized and empowered to invest its funds in such income paying properties and securities as the council of the city in which such organization is located shall from time. to time authorize. Benefits shall in all cases be within the limits authorized by state law and in accordance with the articles of incoporation and bylaws of the association. 1 2 4 5 6 7 :8 9 10 ~14 15 16 17 19 20 21 23 24 25 26 27 28 29 30 ~31 33 35 Sec. 11. In the event the paid division board of' trustees ceases to exist as provided in section 9 of this Act, the existing funds of said division, and all funds said division would have been entitled to, had it continued to exist, shall be paid to a federally insured banking institution chartered by the state of Minnesota or by the United States of America as trustee for the recipients and shall be managed for the benefit of the recipients of such funds as provided in Sections 20, 21, 22~ 23, 24, 25 and 26, Laws 1965, Chapter 605, as amended by Sections 6, 7, 8 and 9, Laws 1975, Chapter 424, and this Act, as amended from time to time. When the trustee determines that there are no longer any persons entitled to benefits under applicable law, the trustee shall pay all remaining funds, if any, to the general fund of the city of Columbia Heights, and said trust shall terminate. Notwithstanding the provisions of any other law to the contrary, the trustee of the paid division shall have all the powers and duties that the board of trustees of the paid division would have had if said board would have continued to manage and administer the affairs of the paid division. Sec. 12. The board of trustees of the paid division of the Columbia Heights fire department relief association, or the trustee acting in its place as provided in section tl of this Act, shall have full and permanent, charge of and the responsibility for the proper management and control of all funds that lawfully come into its possession, whether allocated to it by the city of Columbia Heights or otherwise, and particularly funds derived from the following sources: (1) Funds derived from the ~tate of Minnesota and interest from the investment thereof; (2) Funds derived from the tax levies by the city of Columbia Heights and interest from the investment thereof; and (3) Funds derived from private sources such as gifts,.charges, rents, entertainments, dues paid by members, and from other sources. .Sec. 13. Notwithstanding any other provision of the law to the contrary, all funds derived by payroll deductions from paid 1 2 3 4 5 6 7 8 9 10 fire-men's salaries under Laws 1975, Chapter 424, Section 4, as amended from time to time, shall be allocated to the paid division special fund. Sec. 14. Laws 19~5, Chapter 424, Section 9, is amended to.read: As used in sections 6, 7, and 8, a "unit" shall be one-eightieth of the monthly salary of a first grade fireman as established from time to time. In the event that there is no longer a paid first grade fireman on the payroll of the city of Columbia Heights, then and in that event a "unit" shall be one- 11 12 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ~9 30 31 32 34 35 36 eightieth of th~ monthly salary of a first grade fireman (or m fireman of an equivalent grade as a first grade fireman, performing similar duties as performed by a first grade fireman of the city of Columbia Heights), of a city located within the counties of Anoka, Carver~ Dakota~ Hennepin, ..R~msey, Scott and Washington having approximately the same population as the city of Columbia Heights and having a paid fireman's department. The board of trustees of the paid division, or the trustee as provided in section 11 of this Act, and the City Council of the city of Cotumhi~ ~eights shall jointly determine which city shall qualify for purposes of determining the monthly salary upon which a'~ni~' is based. In the event no city maintains a paid fireman's department, or if the determination of which'city qualifies is unable to be agreed upon by the parties, then and in that event a unit shall be one-eightieth of the monthly salary of a top patrolman of the police department of the city of Columbia Heights~ said monthly salary adjusted by an amount equal to the percentage difference in monthly salaries between a top patrolman's monthly salary and a first qrade fireman's monthly salary, as of the date that a paid fireman was last enrolled on the payroll of the city o~ Columbia Heights. Provided that in all events the adjustment of the "unit" caused by a change in the salary of a first grade fireman or his equivalent, as provided in this section, shall be made at the end of every calendar year. ~n computing r~ti~,ent or disability benefits of a member pursuant to section 6 or 7, a member shall be entitled to service credit for service as a volunteer fireman on the basis of one year service .1 2 3 ;4 5 :7 8 9 cre~%t .~or each three years servic~._as a voluDteer, with proportionate cre~ for lesser p~iod of servicej. For purposes of this section, the monthly salary of a "first.grade" fireman shall be deemed to be the maximum basic salary of a non-ranked fireman on the payroll of the city of Columbia Heights. A ranked fireman includes: captain, chief and assistant chief of the Columbia ~eights fire department. Sec. 15. Laws 1965, Chapter 605, Section 6, is repealed. Sec. 16. Laws 1975, Chapter 424, Section 3, is repealed.