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Roseville Firefighter's Relief Association May 8, 2001 Page Three The Nlinnesota Supreme Court expounded on the doctrine in State, ex rel, Carlton v. Weed, 208 Minn. 342,294 N.W. 370 (Minn. 1940): "Where a Statute embraces only a part of a subject covered comprehensively by a prior law, the two should be construed together unless a different legislative intent appears; the later being an exception of qualification of the prior only so far as they are repugnant." In fact, the 1542 Legislative Session passed a Bill which would have addcd a definition to Minn. Stat. § 424A.02 by providing "to separate from active service means to cease to perform ti re suppression duties and cease to supervise fire suppression duties". The Bill was pocket vetoed, but suggests the intent of the Legislature to limit the benefits provided to volunteers to compensate them for their duties when subjected to the hazards of firefighting (fire suppression). Since we are not familiar with the fuil job description of the proposed members, we offer no opinion as to whether they meet the strict construction of the statutory constraint. :lccordin6ly, if those individuals holding the positions are qualified in all respects for membership in the Fire Department, they are likewise eligible for membership in the Association pursuant to the compelling language of the By-laws; but subject to the Board's determination that membership cannot be denied upon the strict construction and non-discriminator!, application of the By-laws and applicable law. If you have any questions regarding this matter, please feel free to contact me at yo�n convenience. Thank you for the opportunity of being of service to you. Since I recently provided the requested Attorneys' Opinion responsive to your Certified Public ��ccountants, please e�tend to the CPA, my new address, phone number, fax and e-mail contact. I look forward to future service upon your contact. Very truly yours, f ' ,� �� 7� 7 /� David B. Arnold DBA/kkg