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LAWSON, RALEIGH &MARSHALL, P.A. <br />30't <br />LAWYERS <br />RODERICK A. LAW50N. <br />DONALD T. RALEIGH <br />3626 LAKE ELMO AVENUE NORTH <br />- RAYMOND d. MARSHALL <br />LAKE ELMO, MINNESOTA 55042 <br />(612) 777-6060 <br />January 8, 1978 <br />Mr. Laurence Whittaker <br />Administrative Assistant <br />11194 Upper 33rd Street <br />Lake Elmo , MN 55042 <br />Re: Local Board of Health and Emergency Services <br />Dear Larry: <br />REUBEN G.THQREENU_1912-1967 <br />MILTON LINOBLOOM 1925-1936 <br />CHE5TERS.WILSON 19IS-1977 <br />Under Section 145.914, Subdivision 2, of the Minnesota <br />Statutes (as interpreted by an Opinion of the Attorney General, <br />225I-2, June 26, 1978) it appears that the powers and duties <br />of local Health Boards have been conferred exclusively upon <br />County Health Boards established under the Community Health <br />Services Act (Sections 145.911 to 145.922 of the Minnesota <br />Statutes) it is accordingly our conclusion that Section 206 <br />of the Municipal Code of 1974, establishing a City Board of <br />Health was superceded under the said State Statute once <br />Washington County elected to establish a County Board of <br />Health under the provisions of Section 145.913. I am informed <br />by the County Administrator that Washington County elected to <br />establish such a Board of Health on March 15, of 1976. <br />As I indicated in our telephone conversation, it is <br />probably necessary to include a Section on Emergency Services. <br />The State Statute (Section 12.25, Subd. 1), makes it mandatory <br />for each political subdivision to establish a local organization <br />for civil defense in accordance with the State Civil Defense <br />plan and program. I am afraid if we do not include this in <br />the Ordinance it might jeopardize some emergency aids or <br />services which might otherwise be available from the State or <br />Federal Government. I have, accordingly, l&ft the Chapter on <br />Emergency Services in the Code; however, we did renumber 206. <br />You rul®Raleig <br />Donald T. <br />DTR: rh <br />