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Ordinance 2009-01 ORDINANCE NO. 2009 - 01 AN ORDINANCE CREATING THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR SUNSET OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL AND REPEAL OF ORDINANCE 1980-80, AS AMENDED; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County approved creating the Collier County Emergency Medical Services Policy Advisory Board on December 17, 2008; and WHEREAS, the purpose of this Advisory Board is to review and advise the Board of County Commissioners all issues concerning emergency medical services within Collier County, as set forth in the "Raymond H. Alexander, M.D., Emergency Medical Transportation Services Act," Florida Statutes Sec. 401.2101 et seq. (2008), as amended from time to time; and WHEREAS, it is the intent of the Board of County Commissioners that the Collier County Emergency Medical Services Policy Advisory Board take on all duties and responsibilities of the current Emergency Medical Services Advisory Council, which was created by Ordinance 1980-80, such that following the first meeting of the Collier County Emergency Medical Services Policy Advisory Board, the Emergency Medical Services Advisory Council .~ shall be disbanded. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Creation and Purpose of the Collier County Emergency Medical Services Policy Advisory Board. There is hereby created the Collier County Emergency Medical Services Policy Advisory Board (hereinafter the "Advisory Board"). The Advisory Board is created to assist the Board of County Commissioners with all issues affecting pre-hospital emergency medical services within all of Collier County. SECTION TWO: Functions, Powers and Duties ofthe Advisory Board. The Advisory Board shall have the following duties: 1. To review and advise the Board of County Commissioners all issues concerning pre- hospital emergency medical services within Collier County. 2. To hear all disputes arising out of the ALS Engine Interlocal Agreements between Collier County and the various fire districts, and make written recommendation to the Board of County Commissioners for resolution of such disputes. 3. To work to improve and enhance pre-hospital emergency medical care within Collier County. 4. To review and make written recommendation to the Board of County Commissioners all changes to established protocol and practices recommended by the Medical Director's Quality Assurance Committee. 5. To make its special knowledge and expertise available to the Board of County Commissioners upon written request by the Board of County Commissioners. Page 2 of 5 SECTION THREE: Appointment and Composition; Terms of Office; Attendance and Filling Vacancies. The Advisory Board shall be composed of five members as follows: 1. An Emergency Room Physician. 2. An Emergency Room Nurse. 3. A Pharmacist. 4. A representative from one of the Collier County Independent or Municipal Fire Control Districts. S. A representative from Collier County Emergency Medical Services. To the extent possible, candidates for the Emergency Room Physician, Emergency Room Nurse, and Pharmacist positions shall be recommended by the Collier County Medical Society, its successor, or a substantially similar local or regional organization, and candidates for the Fire Control position shall be recommended by the Collier County Fire Chiefs' Association, its successor, or a substantially similar local or regional organization. Advisory Board members shall be sought in accordance with the provision of Collier County Ordinance 01-55, as amended, or by its successor ordinance. Members of the Advisory Board shall be appointed and serve at the pleasure of the Board of County Commissioners. Members shall meet the qualifications for membership and requirements as outlined in Ordinance No. 01-55, as amended, or by its successor ordinance. Appointment of members to the Advisory Board shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment. Appointments to fill any vacancies on the Advisory Board shall be for the remainder of the unexpired term. Page 3 of 5 In order to stagger the terms of the Advisory Board, two of the initial terms shall be for two years, with the remaining three Board members appointed for an initial term of four years. Thereafter, terms for all Advisory Board members shall be four years. Section Four. Removal from Office; Failure to Attend Meetings. Removal from office and attendance requirements shall be governed by Ordinance No. 01-55, as amended, or by its successor ordinance. Section Five. Officers; Quorum; Rules of Procedure. At its earliest opportunity, the membership of the Advisory Board shall elect a chairman and vice chairman from among the members. Officers shall serve for a one year term with eligibility for reelection. The presence of three or more members shall constitute a quorum of the Advisory Board necessary to take action and transact business. The Advisory Board shall, by majority vote of the entire membership, adopt by-laws for the scope and transaction of business to be approved by the Board of County Commissioners. The Advisory Board shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Advisory Board minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. Section Six. Sunset of Emergency Medical Services Advisory Council The Emergency Medical Services Advisory Council shall discontinue meeting immediately following the first meeting of the Collier County Emergency Medical Services Policy Advisory Board. Ordinance 1980-80, as amended, which created the Emergency Medical Services Advisory Council, shall be repealed and of no further force or effect as of March 1, 2009. Page 4 of 5 Section Seven: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section Eight: 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 the 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 Nine: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ,,,""'-day of January, 2009. ATJ.:esT: r',,~[) ; DW1GHTE.BRO~K,CLERK ,'? , ' '~.,' > \: Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~ Jon-> d& DO FIALA, CHAIRMAN ;'B~' ",,"' -_ " fA>>: QIt .t~LCMt(IlP' Approved as to form and lafsl)ffi . e cy: Jeffrey County PageSofS This ordinance filed with th( Secretory of State's Office the, ~day of JonoAr</, 2.oQt. and acknowledgement~ thaI fili.l received this _~ day of ~ '2..OOq By Ai.~~ Deputy Cteric STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-01 Which was adopted by the Board of County Commissioners on the 13th day of January, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of January, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commission~~ij, ~ ,,~' \. : .,'.) . I/.-:,,~ \, By: Martha vo/gaia.; Deputy Cla;xk , , ');l