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David B. Arnold <br />Attorney at Law <br />May $, 2001 <br />Roseville Firefighter's Relief Association <br />2701 North Lexington Avenue <br />Roseville, MN 5 5 113 <br />Attn: Board of Trustees <br />Jim Tschida, President <br />RE: File No. 0110123 <br />Board Members: <br />Date: 12f02/02 <br />Item: III. A. <br />Fire Relief Assoeiatia� <br />� <br />5841 Cedar [,�cg Road, Suite 109 <br />Minneapolfs. MN 55416 <br />Phone: 952-4 1T-0990 <br />Fax: 952-4 17-9035 <br />davidarnoldlaw@msn.com <br />Please excuse the delay in response to the request of Jim Tschida on behalf of the Association to <br />respond to an inquiry of Chief Gasaway. Unfortunately, prior to the relocation of my office <br />recently, file materials necessary to our opinion were inadvertently misplaced by my prior firm. <br />1 can assure you that in the future, I will be more responsive to your requests. <br />Chief Gasaway contemplates moving the Fire Marshal and Fire Inspector into the Fire <br />Department thereby raising the question of their eligibility as full-time fire deparirnent <br />employees to be members of the Association. We are of the opinion that such employees are <br />eligible subiect to qualification as hereinafter referenced. <br />"I o determine eligibility, reference to the Nlinnesota Statutes and governing documents of ��I� <br />Association is necessary. The foundation document is the Certificate of Restated Articles of <br />Incorporation, which provides in pertinent part of Article 3 that: <br />"Persons who are members of' the Roseville Fire Deparirnent shall be eligible Co� <br />membership in this Association. The manner of election, suspension of expulsion of <br />members shall be prescribed by the By-laws." <br />Section 1 OA of the Restated By-laws provides that the Board of Trustees ". .. shall constitute the <br />governing body of said Association with full power and authority to carry out the objects and <br />purposes of the Association as set out in the Articles of Incorporation and By-laws of the <br />Association and the laws of the State of Nlinnesota." While the Board of Trustees may deny <br />membership in limited instances, Section 52 of the By-laws e�tends membership to "all active <br />Also admitted in Texas and New York <br />