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.