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Roseville Firefighter's Relief Association <br />May 8, 2001 <br />Page Two <br />members of the Roseville Fire Department" and further in Section 52 provides that "membership <br />in the Association sha11 be compulsory for a11 members of the Roseville Fire Department." <br />Because of the fiduciaty nature of the service of the Trustees on behalf of the Association and its <br />members, the provisions of the By-laws should be strictly construed and applied on a non- <br />discriminatory basis. Since Section 52 requires reference to definitional terms, a review o I <br />Section 64, paragraph 1 and 2 is necessary: <br />"Active Member" means the dl ; paying participation of a member in the Association <br />and the performance of that �°mber of such duties or pariicipation as required to <br />effectively contribute to the Ass �iation's stated purpose. <br />"Active Service" sha11 mean thc performance by a member of service required by the <br />Association of its members in firefighting and ancillary duties or the a�ailability of a <br />member therefore. (emphasis added) <br />Unless the offices of Fire Marshal and Fire Inspector require them to perform traditional <br />iireiighting duties, they may still become members as those performing ancillaty duties if they <br />are otherwise qualified. Absent the inability of the proposed members to meet the eligibility <br />requirements and fulfill the obligations thereof, we are of the opinion that they are qualified to <br />membership. <br />t lowever, it is necessary that the proposed members fully comply with a11 eligibility and <br />qualification requirements for active membership in the Roseville Fire Department. While we do <br />not represent the Fire Department, we feel it appropriate to alert the Board of Trustees of the <br />Association to arguments and conditions which may bear upon the right of the proposed <br />members, to membership in the Fire Department. Presumably the Chief as the C h i � 1' Executive <br />of tl.e Department will strictly interpret the membership requirements of the Constitution and <br />By-laws of the Department and any amendments thereof that are compatible with the Code of the <br />City of Roseville. Certainly opponents of the proposed action may refer to the defmition of the <br />term "firefighte�" in Minn. Stat. § 69.27 and § 424.03 and the successor applicability of Chapter <br />=�?4A to determine any technical constraints on membership. The cited sections reference <br />tirefighters who ". . are engaged in the hazards of firefighting ..." Although there is not a <br />companion definition in Chapter 424A, these are related Statutes that deal with the same subject <br />matter being firefighter relief associations. In such situations, Minnesota Courts ha�e long <br />recognized the doctrine of in pari materia which holds that Statutes relating to the same subject <br />are presumed to be imbued with the same spirit; and that the legislators adopted such Statutes as <br />part of a connected whole. <br />