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