2004 Minnesota Statutes

     424A.04 Volunteer relief associations; board of trustees.

    Subdivision 1.    Membership.  (a) Every relief 
 association directly associated with a municipal fire department 
 shall be managed by a board of trustees consisting of nine 
 members.  Six trustees shall be elected from the membership of 
 the relief association and three trustees shall be drawn from 
 the officials of the municipalities served by the fire 
 department to which the relief association is directly 
 associated.  The bylaws of a relief association may provide that 
 one of the six trustees elected from the relief association may 
 be a retired member receiving a monthly pension who is elected 
 by the membership of the relief association.  The three ex 
 officio trustees shall be the mayor, the clerk, clerk-treasurer 
 or finance director, and the chief of the municipal fire 
 department.  

    (b) Every relief association that is a subsidiary of an 
 independent nonprofit firefighting corporation shall be managed 
 by a board of trustees consisting of ten members.  Six trustees 
 shall be elected from the membership of the relief association, 
 three trustees shall be drawn from the officials of the 
 municipalities served by the fire department to which the relief 
 association is directly associated, and one trustee shall be the 
 fire chief.  The bylaws of a relief association may provide that 
 one of the six trustees elected from the relief association may 
 be a retired member receiving a monthly pension who is elected 
 by the membership of the relief association.  The three ex 
 officio trustees who are the elected officials shall be selected 
 as follows:  

    (1) if only one municipality contracts with the independent 
 nonprofit firefighting corporation, the ex officio trustees 
 shall be three elected officials of the contracting municipality 
 who are designated by the governing body of the municipality; 

    (2) if two municipalities contract with the independent 
 nonprofit firefighting corporation, the ex officio trustees 
 shall be two elected officials of the largest municipality in 
 population and one elected official of the next largest 
 municipality in population who are designated by the governing 
 bodies of the applicable municipalities; or 

    (3) if three or more municipalities contract with the 
 independent nonprofit corporation, the ex officio trustees shall 
 be one elected official of each of the three largest 
 municipalities in population who are designated by the governing 
 bodies of the applicable municipalities. 

    (c) If a relief association lacks the ex officio board 
 members provided for in paragraph (a) or (b) because the fire 
 department is not located in or associated with an organized 
 municipality, the ex officio board members must be appointed 
 from the fire department service area by the board of 
 commissioners of the applicable county.  The term of these 
 appointed ex officio board members is three years or until the 
 person's successor is qualified, whichever is later. 

    (d) An ex officio trustee under paragraph (a), (b), or (c) 
 shall have all the rights and duties accorded to any other 
 trustee except the right to be an officer of the board of 
 trustees.  

    (e) A board shall have at least three officers, which shall 
 be a president, a secretary and a treasurer.  These officers 
 shall be elected from among the elected trustees by either the 
 full board of trustees or by the membership, as specified in the 
 bylaws, and in no event shall any trustee hold more than one 
 officer position at any one time.  The terms of the elected 
 trustees and of the officers of the board shall be specified in 
 the bylaws of the relief association, but shall not exceed three 
 years.  If the term of the elected trustees exceeds one year, 
 the election of the various trustees elected from the membership 
 shall initially and shall thereafter continue to be staggered on 
 as equal a basis as is practicable. 

    Subd. 2.    Fiduciary duty.  The board of trustees shall 
 undertake their activities consistent with chapter 356A.  

    Subd. 3.    Conditions on relief association consultants. 
  (a) If a volunteer firefighter relief association hires or 
 contracts with a consultant to provide legal or financial 
 advice, the association shall obtain and the consultant shall 
 provide a copy of the consultant's certificate of insurance. 

    (b) A consultant is any person who is employed under 
 contract to provide legal or financial advice and who is or who 
 represents to the volunteer firefighter relief association that 
 the person is: 

    (1) an actuary; 

    (2) a licensed public accountant or a certified public 
 accountant; 

    (3) an attorney; 

    (4) an investment advisor or manager, or an investment 
 counselor; 

    (5) an investment advisor or manager selection consultant; 

    (6) a pension benefit design advisor or consultant; or 

    (7) any other financial consultant. 

    HIST: 1979 c 201 s 14; 1980 c 607 art 15 s 12; 1981 c 224 s 
 210; 1983 c 219 s 8; 1989 c 319 art 8 s 27; 2000 c 461 art 15 s 
 10; 1Sp2001 c 10 art 16 s 1