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Agenda 05/27/2008 Item #16F 2 Agenda Item No. 16F2 May 27, 2008 Page 1 of 14 EXECUTIVE SUMMARY Recommendation for the Board to direct staff to advertise the proposed amended Bylaws, as approved hy the Emergency Medical Services Advisory Council on April 30, 2008, and the proposed amended Ordiuance, amending Ordinance No. 80-80, as amended. OBJECTIVE: Recommendation that the Board of County Commissioners direct staff to advertise the proposed amended 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. CONSIDERA nONS: 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. A draft of the proposed amended Bylaws, along with a draft Ordinance, is attached to this Executive Summary. LEGAL CONSIDERATIONS: The draft Bylaws and draft Ordinance have been reviewed and found legally sufficient by the County Attorney's Office. - JAB FISCAL IMPACT: There is no Fiscal Impact as a result of this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact as a result of this action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve advertising the proposed changes to the Bylaws of the Emergency Medical Services Advisory Council; and 2. Approve advertising of Ordinance No. 80-80, as amended, to reflect the changes requested by EMSAC. Specifically, changes to Section Three, Members. PREPARED BY: Artie Bay, Operations Analyst, Emergency Medical Services ~ Page 1 of 1 Agenda Item No. 16F2 May 27, 2008 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F2 Recommendation for the Board to direct staff to advertise the proposed amended Bylaws. as approved by the Emergency Medica! Services Advisory Council on April 30, 2008, and the proposed amended Ordinance. amending Ordinance No. 80-80. as amended. Meeting Date: 5/27/200890000 AM Prepared By Artie Bay Senior Administrative Assistant Date Bureau of Emergency Services EMS 5/14/200811 :44:25 AM Approved By Jeff Page EMS Chief Date Bureau of Emergency Services EMS 5/14/200B 11 :50 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 5/14/20084:28 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 5/15/20082:21 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/16/2008 B:29 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 5/19/20088:14 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/19/200811:12 AM -~ file:IIC:IAgendaTestIExportl I 08-May%2027,%2020081 16.%20CONSENT%20AGENDA II... 5/21/2008 Agenda Item No. 16F2 May 27, 2008 Page 3 of 14 COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL BY LAWS ARTICLE I Section 1: The name of this organization shall be the Collier County Emergency Medical SClVices Advisory Council (hereinafter called EMSAC). ARTICLE II Section 1: PURPOSE The purpose, objectives, and functions of EMSAC are: A. To act as an advisory body to the Collier County Bo rd called the BCC) on all aspects of EMS in Collier B. To study and analyze all opportunities and throughout Collier County. This shall in investigate any complaints fonnaJ1y received rendered by any duly authorized provider. C. To encourage optimal perfo D. To encourage the training and e general public in the provision of ider and members of the E. F. G. fEMS with adjacent counties on matters of r pro ms brought before EM SAC. A procedure for the receiving, complaints shall be adopted. 1. cally and report to the BCC every four years on the quality of EMS in the omrnend corrective actions where deficiencies are thought to exist. May present CC more often than every four years if the BCC requests such report or the council e appropriate. K. To recommend to the BeC the adoption of such resolutions or other measures as may be required to insure the accomplishments of the purposes stated herein. ARTICLE III Agenda Item No. 16F2 May 27, 2008 Page 4 of 14 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) residenls members (at large) living in the County. (To be nominated by the Board of County Commissioners) C. One (I) representative of the City Manager of Naples who is in Fire/Rescue/EMS. D. One (I) representative of the City of Marco who is in t E. One (I) person to be nominated by Collier Coun F. One (1) person nominated by the Collier C G. One (1) person representative of the Col ier H. 1. One (I) person nominated by He administrative position pertaining said organization. in a responsible, edical services, on behalf of Section 3: A. B. C. IDaJO vote shall have the authority to recommend to the Bee the removal ber for failure to attend meetings. (See Article V, Section 5) ARTICLE IV MEETINGS Section 1: The regular meetings of the membership of EM SAC 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. 16F2 May 27, 2008 Page 5 of 14 in section 2 below. Pursuant to Florida '5 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 Jess 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 EM SAC. Section 4: All official records of EM SAC, including meeting notices, agenda adopted, shall be open to public inspection and maintained by the Director of the 'outes and resolutions duly mergency Services. Section 5: At the first regular meeting, the Chairperson will establis file the results with the BCC and the Clerk of the Board. ARTICLE V OFFICERS Section I: The members of EMSAC shall elect from the me in October of each year: A. Chairperson B. Vice Chairperson These officers shall serve as the E only. shall be one (1) year or until their successors are ht the end of September the following year. All rdinances. Section 3: rson or Vice-Chairperson may be filled by EMSAC at any purpose. Section 5: A. hairperson shall have the power, with the advice and consent of EMSAC, to y actions in the ordinary course of business to the BCe. The Chairperson shall nnal duties of the Chief Policy Officer of EMS . He/she shall preside at all meeting of EMS and be a member ex-officio of all committees. The Chairperson shall have further powers and duties as may be assigned by EM SAC. 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 a.-;signed by EMSAC. B. SecretaI)': The SecretaI)' 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 EM SAC and, in Agenda Item No. 16F2 May 27,2008 Page 6 of 14 general, shall perform all duties incidenlal 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 contac~ 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 sue deemed necessary for the successful execution of the EMSA reported at a regular EMSAC meeting. Committees must submitted in writing to all members of EM SAC not ments are to be considered. Sec!" Procedure a provided for i work to be acco y committees shall be conducted and governed by Parliamentary set fa in Robert's Rules of Order - Revised Edition unless otherwise t where modification of such rules is required because of the nature of the Section 2: The desire, an individual to be affairs of the orga of EMSAC and the Chairperson of each committee may appoint, if they so ated as Parliamentarian to assist them in the proper conduct of the business ation. .-. 08-EMG~00132/3 Agenda Item No. 16F2 May 27,2008 Page 7 of 14 08-EMG-OOI32/4 Agenda Item No. 16F2 May 27, 2008 Page 8 of 14 Redsea i"2s(Qs Ed'l.iBit.A~ COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL BY LAWS ARTICLE I Section 1: The name of this organization shall be the Collier County Emergency Medical Services Advisory Council (hereinafter called EMSAC). Section 1: ARTICLE II PURPOSE The purpose, objectives, and functions of EMSAC A. To act as an advisory body to the Collier Cou called Ihe BCe) on all aspects of EMS in C B. C. D. 1 provider and members of the E. F. . ation of improved methods of EMS. G. Ison of EMS with adjacent counties on matters of ith the County Emergency Management Department and other purpose of utilizing EMS resources in an optimal manner in the olving mass casualties. I. r problems brought before EMSAC. A procedure for the receiving, f complaints shall be adopted. J. riodically and report to the BCC every four years on the quality of EMS in the County to recommend corrective actions where deficiencies are thought to exist. May present reports to the Bee more often than every four years if the Bee 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. 16F2 May 27, 2008 Page 9 of 14 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 hislher district. (Total 5 residents) B. Two (2) residents members (at large) living in the County. (To be County Commissioners) C. One (I) representative of the City Manager of Naples wh FirelRescuelEMS. D. One (I) representative of the City of Mareo who' E. One (I) person to be nominated by Collier F. G. H. One (I) person nominated by position pertaining to the providl is in a responsible, administrative n behalf of said organization. I. - dvisors to EMSAC without the right to vote: Section M: of EM SAC will serve a three (3) year term with a limit of two (2) consecutive 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 Y, Section 5) ARTICLE IV Agenda Item No. 16F2 May 27, 2008 Page 10 of 14 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 EM SAC 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. Att ce 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 neces at any regular or special meeting of EMSAC. Section 1: The members of EMSAC shall elec in October of each year: Section 5: At the first regular meeting, the Chairper file the results with the BCC and the Clerk of the Board. A. B. SAC and be selected from the resident membership EMSAC shall be one (1) year or until their successors are of October thought the end of September the following year. All Collier County Ordinances. Section 3: re-elected for the same office. Section 4: A va regular meeting or specia office of Chairperson or Vice-Chairperson may be filled by EMSAC at any ng called for that purpose. Section 5: Duties: A. Chairperson: The Chairperson shall have the power, with the advice and consent of EM SAC, to recommend policy actions in the ordinary course of business to the Bee. The Chairperson shall perform the normal duties of the Chief Policy Officer of EMS. He/she shall preside at all meeting of EM SAC 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. The Vice- Agenda Item No. 16F2 May 27, 2008 Page 11 of 14 Chairperson shall have other duties and powers as may be assigned by EMSAC. B. Secretal)': The SecretaI)' 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 EM SAC. He/she shall be responsible for giving proper notice of all meetings of EMSAC and, io general, shall perform all duties incidental to the office of SecretaI)'. He/she shall have such further duties and powers as may be assigned 10 himlher 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 repo all be indication of follow-up contact, to establish cause, and recommendation appropriate disposition of said EMSAC member. The Secretary's rev. submitted to the Executive Committee which, in turn, shall report t membership. Excused absences shall be coordinated with Secre each meeting in order to meet attendance requirements. d of County Commissioners on its own initiative, or amendment must be passed by a two-thirds vote n regular. pecial or annual meeting after notice of such rovided in these By-laws. ndment shall be submitted in writing to all members of EM SAC not h such amendments are to be considered. RULES OF PROCEDURE Section 1: All MSAC and any committees shall be conducted and governed by Parliamentary Procedure and usage as c d and set forth in Robert's Rules of Order - Revised Edition unless otherwise provided for in these By-Ia or except where modification of such rules is required because of the nature of the work to be accomplished liy 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. Agenda Item No. 16F2 May 27, 2008 Page 12 of 14 08-EMG'()OI32/3 ~ Agenda Item No. 16F2 May 27. 2008 Page 13 of 14 ORDINANCE NO. 2008- AN ORDINANCE AMENDING 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 POSITION; 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 Advisory Council ("EM SAC") byeI' Director as the Ex-Officio Member to EM SAC without the ri T Medical Director a staff advisor; and WHEREAS, the staff advisor position would all his daily job functions while also serving as staff conflict of interest; and Director as a staff advisor and both agre will assist the EMS Medical THE BOARD OF COUNTY e, Members, ofeollier County mended. r County Ordinance No. 80-80, as amended, is hereby membec shall be composed of 14 regular members,--, OHB 61: effieie There shall he three staff advisors to the EMSAC. The composition of the regular memhership and the staff advisors en effieie ffieffiBeL; will be further delineated in the bylaws, as , ill the .;taff as', isers. +fle.-EMSA~ ~ 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. Ifany 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. Words Underlined are added; Words StRJ6]' n,f8l:l,;!:l are deleted. Agenda Item No. 16F2 May 27, 2008 Page 14 of 14 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 08-EMG-OOI32.'S 2 Words Underlined are added; Words Sffl:l.e]: TAf81:1gR are deleted.