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Agenda 07/22/2008 Item #17FAgenda Item No. 17F July 22, 2008 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve the proposed changes of the Emergency Medical Services Advisory Council Bylaws and the proposed amendment to Ordinance No. 80 -80, as amended. OBJECTIVE: Recommendation that the Board of County Commissioners approve the changes to the Bylaws of the Emergency Medical Services Advisory Council ( EMSAC), and proposed Ordinance amending Ordinance No. 80 -80, as amended. EMSAC voted on April 30, 2008 to make the suggested changes to the Bylaws and Ordinance. CONSIDERATIONS: On April 30, 2008, EMSAC voted to approve the proposed changes to the Bylaws. The change to the Bylaws is to eliminate the EMS Medical Director as the Ex- Officio Member to EMSAC without the right to vote and make the EMS Medical Director a staff advisor. This change in the bylaws would allow the EMS Medical Director to perform his daily job functions while also serving as staff advisor to the Emergency Medical Services Advisory Council ( EMSAC), without any possible conflict of interest. The change to Ordinance No. 80- 80, as amended, is needed to keep it consistent with the Bylaws. On May 27, 2008, Agenda Item 16F2, the Board directed staff to advertise the proposed amended Bylaws and the proposed amended Ordinance, amending Ordinance No. 80 -80, as amended. The Executive Summary approved by the Board on May 27th inadvertently included the advertisement of the Bylaws along with the Ordinance. However, the Bylaws were not advertised due to cost considerations and because it is not legally required. The proposed amended Bylaws, along with the proposed amended Ordinance, are attached to this Executive Summary. FISCAL IMPACT: There is no Fiscal Impact as a result of this action. LEGAL CONSIDERATIONS: The County Attorney's Office has approved the revisions to the Bylaws and proposed. Ordinance for form and legal sufficiency. This item is legally sufficient for consideration by the Board of County Commissioners. -.TAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact as a result of this action. That the Board of County Commissioners: 1. Approve the proposed changes to the Bylaws of the Emergency Medical Services Advisory Council; and 2. Approve Ordinance No. 80 -80, as amended, to reflect the changes requested by EMSAC. Specifically, changes to Section Three, Members. PREPARED BY: Artie Bay, Accounting Supervisor, Emergency Medical Services Page 1 of 1 Agenda Item No. 17F July 22, 2008 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17F Item Summary: Recommendation to approve the proposed changes of the Emergency Medical Services Advisory Council Bylaws and the proposed amendment to Ordinance No. 80 -80, as amended. Meeting Date: 7/22/2008 9:00:00 AM Prepared By Artie Bay Senior Administrative Assistant Date Bureau of Emergency Services EMS 6/23/2008 8:29:23 AM Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 6/23/2008 9:13 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 613012008 8:50 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 6/30/2008 12:20 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 6130/2008 3:49 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 7/7/2008 10:25 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7i7/2008 1:54 PM file://C:AA i2endaTest \EXDOrt\ l l l -J u Iv %2022. %202008\ 17. %20S tJ MMA R Y %20AC, END A \_. 7/15/2009 4aenda llem No. 17r July 22. 2008 Page 3 of 12 ORDINANCE NO. 2008 - AN ORDINANCE ANIFNDING COLLIER COUNTY ORDINANCE NO. 80 -80, AS AMENDED, THE EMERGENCY MEDICAL. SERVICES ADVISORY COUNCIL; BY AMENDING SECTION THREE, MEMBERS, TO ELIMINATE THE EMS MEDICAL DIRECTOR AS A MEMBER OF THE COUNCIL AND ADDING THE EMS MEDICAL DIRECTOR AS AN ADDITIONAL STAFF ADVISOR POSI'T'ION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County EMS Medical Director has requested a revision to the Emergency Medical Services Advisoy Council ( "EMSAC ") by eliminating the EMS Medical Director as the Ex- Officio Member to EMSAC without the right to vote and making the EMS Medical Director a staff advisor; and WHEREAS, the staff advisor position would allow the EMS Medical Director to perlbrm his daily job functions while also serving as staff advisor to the council, without any possible conflict of interest; and WHEREAS, EMSAC and County staff realize the important role of the EMS Medical Director as a staff advisor and both agree with this revision; and WHEREAS, the Board of County Commissioners through the adoption of this Ordinance will assist the EMS Medical Director in serving the health, safety, and welfare of the public in the best possible manner. NOW, THEREFORE, BE IT ORDANIED BY THE BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section Three, Members, of Collier County Ordinance No 80 -80, as amended. Section Three, Members, of Collier County Ordinance No. 80-80, as amended, is hereby amended to read as follows: SECTION THREE: MEMBERS AND ADVISORS The EMSAC C'eune+l shall be composed of 14 regular members -one -ey a`mvie member two, and two -Aaf€- advisers There shall be three staff advisors to the EMSAC. 'f he I Words Underlined are added: Words are deleted. Agenda Item No. 17F July 22, 2008 Page 4 of 12 composition of the regular membership and the staff advisors ert ^rte n �; twill be further delineated in the bylaws;] -the s ^'� ors. The EMSAC Cif shall elect a chairman at its organizational meeting and annually thereafter. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance- may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2008, ATTEST: DWIGHT E. BROCK, CLERK Deputy, Clerk Approval as to form and legal Sufficiency: Fenn er A. Belpedi Assistant County Art ey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By- TOM HENNING, CHAIRMAN 2 Words LJnderlmed are added; Words 9*•7•°' hratsg are deleted. Auenda hem No. 17F July 22, 2008 Page 5 of 12 I.evised9,4 6106 Exhihiln COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL BY LAW S ARTICLE I Section I: The name of this organization shall be the Collier County Emergency Medical Services Advisory Council (hereinafter called EMSAC). ARTICLE 11 PURPOSE Section 1: The purpose, objectives, and functions of EMSAC are: A. To act as an advisory body to the Collier County Board of County Commissioners (hereinafter called the BCC) on all aspects of EMS in Collier County. B. To study and analyze all opportunities and challenges associated with providing optimal EMS throughout Collier County. This shall include the right and the responsibility to hear and investigate any complaints formally received pertaining to the quality of EMS services being rendered by any duly authorized provider. C. To encourage optimal performance standards for the provision of EMS. D. To encourage the training and education of both the professional provider and members of the general public in the provision of EMS care. E. To foster services that impact in any way with the provision of EMS in Collier County. F. To foster and promote the development and utilization of improved methods of EMS. G. To promote area -wide coordination and liaison of EMS with adjacent counties on matters of mutual concern. H. To establish liaison and planning with the County Emergency Management Department and other agencies as appropriated for the purpose of utilizing EMS resources in an optimal manner in the event of a major disaster involving mass casualties. I. Review complaints or problems brought before EMSAC. A procedure for the receiving, Processing and disposition of complaints shall be adopted. J. To evaluate periodically and report to the BCC every four years on the quality of EMS in the County and to recommend corrective actions where deficiencies are thought to exist. May present reports to the BCC more often than every four years if the BCC requests such report or the council finds it to be appropriate. . K. To recommend to the BCC the adoption of such resolutions or other measures as may be required to insure the accomplishments of the purposes stated herein. Agenda Item No. 17F July 22, 2008 Page 6 of 12 ARTICLE III MEMBERSHIP Section 1: The regular membership of the Collier County Emergency Medical Services Advisory Council shall consist of fourteen (14) members to be appointed by resolution by the Board of County Commissioners as follows: A. A resident nominated by each County Commissioner living in his/her district. (Total 5 residents) B. Two (2) residents members (at large) living in the County. (To be nominated by the Board of County Commissioners) C. One (1) representative of the City Manager of Naples who is in the profession of Fire/Rescue /EMS. D. One (1) representative of the City of Marco who is in the profession of Fire/Rescue/EMS. E. One (1) person to be nominated by Collier County Health Department, F. One (1) person nominated by the Collier County Sheriff's Office. G. One (1) person representative of the Collier County Fire Chiefs Association. H. One (1) person nominated by Naples Community Hospital, who is in a responsible, administrative position pertaining to the providing of emergency medical services, on behalf of said organization. I. One (1) person nominated by Health Management Associates who is in a responsible, administrative position pertaining to the providing of emergency medical services, on behalf of said organization. a Section 213: The following will serve as staff advisors to EMSAC without the right to vote: A. Director of the Bureau of Emergency Services B. EMS Chief C. EMS Medical Director Section 34: All regular members of EMSAC will serve a three (3) year term with a limit of two (2) consecutive terms. Section 45: The membership by majority vote shall have the authority to recommend to the BCC the removal of any EMSAC member for failure to attend meetings. (See Article V, Section 5) ARTICLE IV Agenda Item No. 17F .iuly_2 2008 Page 7 of 12 MEETINGS Section l: The regular meetings of the membership of EMSAC shall be held not less than monthly at such time and place as designated by the Chairperson. The Chairperson may call special meetings of EMSAC when such meetings are deemed necessary. Notice of special meetings shall be given to each member of EMSAC as provided in section 2 below. Pursuant to Florida's Sunshine Law, , all meetings shall be open to the public. This also includes committee meetings. Section 2: Notice of the time, place and purpose of all regular meetings and special meetings of EMSAC shall be made to each member not less than five (5) days before such meetings. Attendance by any members at such meetings shall constitute his/her waiver of the requirement of written notice. Section 3: Eight (8) voting members shall constitute a quorum necessary for the transaction of any business at any regular or special meeting of EMSAC. Section 4: All official records of EMSAC, including meeting notices, agendas, minutes and resolutions duly adopted, shall be open to public inspection and maintained by the Director of the Bureau of Emergency Services. Section 5: At the first regular meeting, the Chairperson will establish the times for regular meetings and will file the results with the BCC and the Clerk of the Board. ARTICLE V OFFICERS Section l: The members of EMSAC shall elect from the members the following officers at each meeting held in October of each year: A. Chairperson B. Vice Chairperson These officers shall serve as the Executive Committee for EMSAC and be selected from the resident membership only. Section 2: The term of office of all officers of EMSAC shall be one (1) year or until their successors are elected. The terms will begin on the first meeting of October thought the end of September the following year. All terms shall remain in accordance with existing Collier County Ordinances. Section 3: Any officer may be re- elected for the same office. Section 4: A vacancy in any office of Chairperson or Vice - Chairperson may be filled by EMSAC at any regular meeting or special meeting called for that purpose Section 5: Duties A. Chairperson: The Chairperson shall have the power, with the advice and consent of EMSAC, to recommend policy actions in the ordinary course of business to the BCC. The Chairperson shall perform the normal duties of the Chief Policy Officer of EMS. He /she shall preside at all meeting of EMSAC and be a member ex- officio of all committees. The Chairperson shall have further powers and duties as may be assigned by EMSAC. B. Vice - Chairperson: In the absence of the Chairperson or his /her inability to act, the Vice - Chairperson shall exercise all powers and duties of the Chairperson. I'hc Vicc- Agenda Item No. 17F July 22, 2008 Page 8 of 12 Chairperson shall have other duties and powers as may be assigned by EMSAC. B. Secretary: The Secretary for the EMSAC shall be the Director of the Bureau of Emergency Services or his/her designee. The Secretary shall cause to be kept all minutes of all meetings of EMSAC. He /she shall be responsible for giving proper notice of all meetings of EMSAC and, in general, shall perform all duties incidental to the office of Secretary. He /she shall have such further duties and powers as may be assigned to him/her by the Chairperson of EMSAC. It shall be the responsibility of the Secretary to report to the Executive Committee those EMSAC members who have missed two (2) unexcused consecutive or three (3) unexcused total EMSAC meetings within one year. Included in his /her report shall be indication of follow -up contact, to establish cause, and recommendation as to the appropriate disposition of said EMSAC member. The Secretary's report shall be submitted to the Executive Committee which, in tum, shall report to the EMSAC membership. Excused absences shall be coordinated with Secretary 24 hours prior to each meeting in order to meet attendance requirements. ARTICLE VI COMMITTEES Section 1: The Chairperson is empowered to appoint such permanent or ad hoc sub committee chairs as are deemed necessary for the successful execution of the EMSAC program. All committee activities must be reported at a regular EMSAC meeting. Committees must also comply with the Florida Sunshine law. ARTICLE VII AMENDMENTS Section 1: These By -laws may be amended by the Board of County Commissioners on its own initiative, or by approving proposed amendments by the EMSAC. A proposed amendment must be passed by a two-thirds vote of the EMSAC membership present and voting at any regular, special or annual meeting after notice of such proposals for amendment has been given to all members as provided in these By -laws. Section 2: Notice of any proposed amendment shall be submitted in writing to all members of EMSAC not less than thirty (30) days prior to the meeting at which such amendments are to be considered. ARTICLE VIII RULES OF PROCEDURE Section 1: All meetings of EMSAC and any committees shall be conducted and governed by Parliamentary Procedure and usage as contained and set forth in Robert's Rules of Order— Revised Edition unless otherwise provided for in these By -laws or except where modification of such rules is required because of the nature of the work to be accomplished by EMSAC. Section 2: The Chairperson of EMSAC and the Chairperson of each committee may appoint, if they so desire, an individual to be designated as Parliamentarian to assist them in the proper conduct of the business affairs of the organization. 08- EMG- 001323 Agenda Item No. 1?F July 22, 2008 Page 9 of 12 COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL BYLAWS ARTICLE I Section 1: The name of this organization shall be the Collier County Emergency Medical Services Advisory Council (hereinafter called EMSAC). ARTICLE II PURPOSE Section 1: The purpose, objectives, and functions of EMSAC are: A. To act as an advisory body to the Collier County Board of County Commissioners (hereinafter called the BCC) on all aspects of EMS in Collier County. B. To study and analyze all opportunities and challenges associated with providing optimal EMS throughout Collier County. This shall include the right and the responsibility to hear and investigate any complaints formally received pertaining to the quality of EMS services being rendered by any duly authorized provider. C. To encourage optimal performance standards for the provision of EMS. D. To encourage the training and education of both the professional provider and members of the general public in the provision of EMS care. E. To foster services that impact in any way with the provision of EMS in Collier County. F. To foster and promote the development and utilization of improved methods of EMS. G. To promote area -wide coordination and liaison of EMS with adjacent counties on matters of mutual concern. H. To establish liaison and planning with the County Emergency Management Department and other agencies as appropriated for the purpose of utilizing EMS resources in an optimal manner in the event of a major disaster involving mass casualties. 1. Review complaints or problems brought before EMSAC. A procedure for the receiving, processing and disposition of complaints shall be adopted. J. To evaluate periodically and report to the BCC every four years on the quality of EMS in the County and to recommend corrective actions where deficiencies are thought to exist. May present reports to the BCC more often than every four years if the BCC requests such report or the council finds it to be appropriate. . K. To recommend to the BCC the adoption of such resolutions or other measures as may be required to insure the accomplishments of the purposes stated herein. ARTICLE 111 Agenda Item No. 17F July 22, 2008 Page 10 of 12 MEMBERSHIP Section 1: The regular membership of the Collier County Emergency Medical Services Advisory Council shall consist of fourteen (14) members to be appointed by resolution by the Board of County Commissioners as follows: A. A resident nominated by each County Commissioner living in his/her district. (Total 5 residents) B. Two (2) residents members (at large) living in the County. (To be nominated by the Board of County Commissioners) C. One (1) representative of the City Manager of Naples who is in the profession of Fire/Rescue/EMS. D. One (1) representative of the City of Marco who is in the profession of FireBescueTMS. E. One (1) person to be nominated by Collier County Health Department. F. One (1) person nominated by the Collier County Sheriff's Office. G. One (1) person representative of the Collier County Fire Chief's Association. H. One (1) person nominated by Naples Community Hospital, who is in a responsible, administrative position pertaining to the providing of emergency medical services, on behalf of said organization. L One (1) person nominated by Health Management Associates who is in a responsible, administrative position pertaining to the providing of emergency medical services, on behalf of said organization. Section 3: The following will serve as staff advisors to EMSAC without the right to vote: A. Director of the Bureau of Emergency Services B. EMS Chief C. EMS Medical Director Section 4: All regular members of EMSAC will serve a three (3) year term with a limit of two (2) consecutive terms. Section 5: The membership by majority vote shall have the authority to recommend to the BCC the removal of any EMSAC member for failure to attend meetings. (See Article V, Section 5) ARTICLE IV MEETINGS Section 1: The regular meetings of the membership of EMSAC shall be held not less than monthly at such time and place as designated by the Chairperson. The Chairperson may call special meetings of EMSAC when such meetings are deemed necessary. Notice of .special meetings shall be given to each member of EMSAC as provided Agenda Item No. 17F July 22. 2008 Page 11 of 12 in section 2 below. Pursuant to Florida's Sunshine Law, , all meetings shall be open to the public. This also includes committee meetings. Section 2: Notice of the time, place and purpose of all regular meetings and special meetings of EMSAC shall be made to each member not less than five (5) days before such meetings. Attendance by any members at such meetings shall constitute his /her waiver of the requirement of written notice. Section 3: Eight (8) voting members shall constitute a quorum necessary for the transaction of any business at any regular or special meeting of EMSAC. Section 4: All official records of EMSAC, including meeting notices, agendas, minutes and resolutions duly adopted, shall be open to public inspection and maintained by the Director of the Bureau of Emergency Services. Section 5: At the first regular meeting, the Chairperson will establish the times for regular meetings and will file the results with the BCC and the Clerk of the Board. ARTICLE V OFFICERS Section 1: The members of EMSAC shall elect from the members the following officers at each meeting held in October of each year: A. Chairperson B. Vice Chairperson These officers shall serve as the Executive Committee for EMSAC and be selected from the resident membership only. Section 2: The term of office of all officers of EMSAC shall be one (1) year or until their successors are elected. The terms will begin on the first meeting of October thought the end of September the following year. All terms shall remain in accordance with existing Collier County Ordinances. Section 3: Any officer may be re- elected for the same office. Section 4: A vacancy in any office of Chairperson or Vice - Chairperson may be filled by EMSAC at any regular meeting or special meeting called for that purpose. Section 5: Duties: A. Chairperson: The Chairperson shall have the power, with the advice and consent of EMSAC, to recommend policy actions in the ordinary course of business to the BCC. The Chairperson shall perform the normal duties of the Chief Policy Officer of EMS. He /she shall preside at all meeting of EMSAC and be a member ex- officio of all committees. "rhe Chairperson shall have further powers and duties as may be assigned by EMSAC. B. Vice- Chairperson: In the absence of the Chairperson or his /her inability to act, the Vice - Chairperson shall exercise all powers and duties of the Chairperson. The Vice - Chairperson shall have other duties and powers as may be assigned by EMSAC. B. Secretary: The Secretary for the EMSAC shall be the Director of the Bureau of Emergency Services or his/her designee. The Secretary shall cause to be kept all minutes of all meetings of EMSAC. He /she shall be responsible for giving proper notice of all meetings of EMSAC and, in Agenda Item No. 17F July 22, 2008 Page 12 of 12 general, shall perform all duties incidental to the office of Secretary. He /she shall have such further duties and powers as may be assigned to him /her by the Chairperson of EMSAC. It shall be the responsibility of the Secretary to report to the Executive Committee those EMSAC members who have missed two (2) unexcused consecutive or three (3) unexcused total EMSAC meetings within one year. Included in his/her report shall be indication of follow -up contact, to establish cause, and recommendation as to the appropriate disposition of said EMSAC member. The Secretary's report shall be submitted to the Executive Committee which, in turn, shall report to the EMSAC membership. Excused absences shall be coordinated with Secretary 24 hours prior to each meeting in order to meet attendance requirements. ARTICLE VI COMMITTEES Section 1: The Chairperson is empowered to appoint such permanent or ad hoc sub committee chairs as are deemed necessary for the successful execution of the EMSAC program. All committee activities must be reported at a regular EMSAC meeting. Committees must also comply with the Florida Sunshine law. ARTICLE VII AMENDMENTS w. Section I: These By -laws may be amended by the Board of County Commissioners on its own initiative, or by approving proposed amendments by the EMSAC. A proposed amendment must be passed by a two - thirds vote of the EMSAC membership present and voting at any regular, special or annual meeting after notice of such proposals for amendment has been given to all members as provided in these By -laws. Section 2: Notice of any proposed amendment shall be submitted in writing to all members of EMSAC not less than thirty (30) days prior to the meeting at which such amendments are to be considered. ARTICLE VIII RULES OF PROCEDURE Section 1: All meetings of EMSAC and any committees shall be conducted and governed by Parliamentary Procedure and usage as contained and set forth in Robert's Rules of Order— Revised Edition unless otherwise provided for in these By -laws or except where modification of such rules is required because of the nature of the work to be accomplished by EMSAC. Section 2: The Chairperson of EMSAC and the Chairperson of each committee may appoint, if they so desire, an individual to be designated as Parliamentarian to assist them in the proper conduct of the business affairs of the organization. 08 -EMG- 00132/3