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Regular City Council Minutes -12/02/02 Page 4 II. Review Agenda Review Consent Agenda - Mayor Kysylyczyn asked for any Councilor Agenda citizen comment on any item listed on the Consent Agenda. No one had comment. III. Presentations A. Fire Relief Association, Issue Mayor Kysylyczyn called upon Finance Director Chris Miller to give comment regarding this issue, stating that both Mr. Miller and he served as members of the Fire Relief Association Board. Presen ta ti 0 ns Council Position on Pension Fire Relief Association, Council Position on Pension Issue Mr. rviiller reported that the issue under consideration was the eligibility of full-time firefighters to receive pension funds from the Public Employee's Retirement Association (PERA), in addition to the Fire Relief Association's Retirement Fund. Information, and a Legal Opinion provided by former City Attorney Joel Jamnik, was included in the Council Agenda packet. Mr. Miller stated that, it was the opinion of the State Attorney General and the State Auditor that you couldn't be in both, but that it continued to be a grey area. Mr. Miller stated that, according to Mr. Jamnik's Legal Opinion, that the OSA (Office of the State Auditor) and PERA positions remain opposed to dual eligibility and local relief association officials must consider potential state action (such as withholding state pension aid) in fashioning a response. Mr. Miller stated that, in the Fire Relief Association's effort to bring closure to the debate, they took action at their last meeting to pursue resolution of this issue, under Minnesota State Statute that allows people to bring questions about trusts and pensions to the court. Mayor Kysylyczyn stated that it was the intent of the Fire