HomeMy WebLinkAboutord2022-060strikeWhatcom County COUNTY COURTHOUSE
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Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2022-451
File ID: AB2022-451 Version: 1 Status: Adopted
File Created: 07/29/2022 Entered by: CHalka@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council Committee of the Whole Final Action: 09/13/2022
Agenda Date: 09/13/2022 Enactment #: ORD 2022-060
Primary Contact Email: chalka@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Chapter 5.04, Ambulance Franchises, to address
diversity, equity, and inclusion on the EMS Oversight Board and EMS Technical Advisory Committee
and to define the process and elements of an EMS Levy Service Plan
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance amending Whatcom County Code Chapter 5.04 (Ambulance Franchises) to address
diversity, equity, and inclusion on the EMS Oversight Board and EMS Technical Advisory Committee
and to define the process and elements of an EMS Levy Service Plan
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
08/09/2022 Council INTRODUCED Council Committee of the Whole
Aye: 7 Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan
Nay: 0
Absent: 0
09/13/2022 Council Committee of the Whole RECOMMENDED FOR
ADOPTION
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
09/13/2022 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Whatcom County Page 1 Printed on 911612022
Agenda Bill Master Report Continued (AB2022-451)
Nay: 0
Absent: 0
Attachments: Memo, Proposed Ordinance - strike
Whatcom County Page 2 Printed on 911612022
PROPOSED BY: FRAZEY, GALLOWAY, DONOVAN
INTRODUCTION DATE: AUGUST 9, 2022
ORDINANCE NO. 2022-060
ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 5.04
(AMBULANCE FRANCHISES) TO ADDRESS DIVERSITY, EQUITY, AND
INCLUSION ON THE EMS OVERSIGHT BOARD AND EMS TECHNICAL
ADVISORY COMMITTEE AND TO DEFINE THE PROCESS AND ELEMENTS
OF AN EMS LEVY SERVICE PLAN
WHEREAS, on June 5, 2012 the Whatcom County Council and the Bellingham
City Council passed a joint resolution (Whatcom County Resolution 2012-016)
adopting the jointly recommended business model for county -wide emergency
medical services (EMS); and
WHEREAS, on December 10, 2013, the Whatcom County Council adopted
Ordinance 2013-074 to replace the Emergency Medical and Ambulance Advisory
Board established through Whatcom County Ordinance 1982-109 and amended
through Ordinance 2006-007 with the EMS Oversight Board and Technical Advisory
Board defining the composition and duties; and
WHEREAS, the countywide emergency medical services system serves all of
Whatcom County including Bellingham, Ferndale, Lynden, Blaine, Everson, Nooksack,
and Sumas; and
WHEREAS, on May 31, 2016, the Whatcom County Council approved
Ordinance 2016-019 providing for submission to the qualified voters of Whatcom
County a proposition imposing the levy of a regular property tax each year for six
years, at a rate of $0.295 or less per $1,000 of assessed valuation, to continue to
provide emergency medical services; and
WHEREAS, on November 3, 2016, Whatcom County voters approved the six -
year EMS levy; and
WHEREAS, on November 24, 2020, the Whatcom County Health Board
approved Resolution 2020-054 affirming that racism is a public health crisis; and
WHEREAS, in order to ensure the provision of EMS services at current service
levels, it was necessary and appropriate that a regular property tax of $0.295 per
$1000 of assessed valuation be continued after its expiration at the end of 2022; and
WHEREAS, on July 12, 2022, Whatcom County Council Committee of the
Whole received a presentation on the 2023-2029 EMS Levy Service Plan (AB2022-
398), which was developed by the Levy Planning Committee over a two-year period
and endorsed by the EMS Oversight Board; and
WHEREAS, on July 26, 2022, the Whatcom County Council approved
Ordinance 2022-055, providing for submission to the qualified voters of Whatcom
County, on November 8, 2022, a proposition imposing the levy of a regular property
tax each year for six years, collection beginning in 2023, at a rate of $0.295 or less
per $1000 of assessed valuation; and
WHEREAS, Whatcom County Ordinance 2022-055 states that "County Council
would have the opportunity to review and potentially reduce the EMS property tax
levy in its annual EMS property tax levy ordinance, if the Council determines that
EMS needs can be fully met with a lower levy"; and
WHEREAS, the Whatcom County Council wishes to codify an annual review of
the current and future revenues and expenses of the EMS Levy; and
WHEREAS, the Whatcom County Council wishes to expand the membership
of the EMS Oversight Board and the Levy Planning Committee to include two
members tasked with addressing diversity, equity, and inclusion both in EMS
operations and strategic planning identified in the levy service plan; and
WHEREAS, the Whatcom County Council wishes to clarify the EMS Oversight
Board's responsibility to public transparency by adding compliance with the Open
Public Meetings Act; and
WHEREAS, the Whatcom County Council wishes to codify the process and
elements of creating the 2023-2029 EMS levy service plan and include additional
mechanisms to regularly track progress towards diversity, equity, and inclusion.
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Code is
hereby amended to revise Chapter 5.04, focused on Sections 5.04.080 and
5.04.085, as outlined in Exhibit A to this ordinance.
AD PQpjp 1, ` i3tnday of September , 2022.
`boa o
AST.,"�Od,J
WHATCOM COUNTY COUNCIL
WHAT�,OM,COUNTY, WASHINGTON
Dapa-Bt,own Ro,V�§,`-C#-.9-rk of the "Council Todd Donovan, Council Chair
o WHATCOM COUNTY EXECUTIVE
APPROVED AS TO FORM:: WHATCOM COUNTY, WASHINGTON
�j
Karen Frakes email 8/3/2022)
Civil Deputy Prosecutor Satpal Sid u, C un C cecutive
Approved ( ) Denied
/Date Signed: —A, 717.
_
EXHIBIT A:
Sections:
5.04.010 Required for operation of ambulance or first aid vehicles.
5.04.020 Application - Contents - Proof of minimal liability insurance
required.
5.04.030 Operator's license required.
5.04.040 Ambulance license required.
5,04.050 Ambulance personnel requirements.
5.04.060 Transportation by other vehicles prohibited.
5.04.070 Additional requirements.
5.04.4-9-0075 Violation - Penalties.
5.04.080 EMS oversight board.
5.04.085 EMS technical advisory board.
5.04.090 Ambulance operations - Records - Review - Hearing - Finding.
5.04.010 Required for operation of ambulance or first aid vehicles.
No person, firm or corporation shall operate an ambulance or a first aid vehicle
in Whatcom County (outside the limits of any city or town) without having first
secured a franchise issued by the board of county commissioners of Whatcom
County, except as provided in subsections (1), (2), (3), and (4) of RCW
18.73.150. (Prior code § 4.02.020).
5.04.020 Application - Contents - Proof of minimal liability insurance required.
A. Applications for a franchise to operate an ambulance (ambulances) or first
aid vehicle (vehicles) must be in writing, addressed to the board of county
commissioners of Whatcom County, setting forth the name and address of
the applicant, the owner of the vehicles, the trade name under which the
ambulance will be operated, the operators of the vehicles, and each of the
personnel whom it is anticipated will accompany the vehicle operator or
operate any of the equipment carried in the vehicle.`
B. The application shall also contain a description of the vehicle, including the
make, model, year, chassis number, ID number, registration number,
license number, the color scheme, insignia, name, monogram or other
distinguishing characteristics to be used as designating applicant's
ambulance.
C. The application shall indicate the central location from which the vehicle is
intended to be dispatched and indicate the area and locale in which it is to
be operated.
D. The applicant shall certify each vehicle as equipped to conform to the
requirements of the state laws and shall indicate specifically any manner
in which his vehicle, as equipped, deviates from the minimum requirements
of state regulations.
E. The provisions of subsections A through D of this section will be deemed
satisfied if the applicant can establish he holds a current, valid ambulance
or first aid vehicle license issued by the Secretary of the State Department
of Social and Health Services; and, his vehicle operator(s) are licensed and
approved by the Secretary of the State Board of Social and Health Services.
F. The application should be accompanied by proof of liability insurance in
minimum limits of $100,000/$300,000 covering operations. (Prior code §
4.02.030).
5.04.030 Operator's license required.
An ambulance operator, ambulance director, first aid vehicle operator or first
aid director, as defined in RCW 18.73.030, may not operate a service within
Whatcom County outside the city limits of any city or town without holding a
license for such operation issued by the Secretary of the Washington State
Department of Social and Health Services, except as provided under
subsections (1), (2), (3) or (4) of RCW 18.73.130. (Prior code § 4.02.010).
5.04.040 Ambulance license required.
RCW 18.73.140 is adopted by this reference thereto. An annual license is
required for an ambulance; qualification for, issuance and revocation of
ambulance license is required and license display; and periodic inspections of
the ambulance are required. (Prior code § 4.02.040).
5.04.050 Ambulance personnel requirements.
RCW 18.73.150 is by this reference thereto adopted in this chapter. (Prior
code § 4.02.050).
5.04.060 Transportation by other vehicles prohibited.
RCW 18.73.180 is by this reference thereto adopted in this chapter. (Prior
code § 4.02.060).
5.04.070 Additional requirements.
The following additional sections of Chapter 18.73 RCW are adopted by this
reference thereto, insofar as same neither conflict with state regulation nor
are superseded by provisions of Chapter 18.73 RCW:
A. RCW 18.73.030, definitions;
B. RCW 18.73.080(1), (a), (b), and (4), minimum requirements prescribed by
the Secretary of the State Department of Social and Health Services for
ambulances and first aid vehicles; and, liability insurance to be carried by
ambulance operators;
C. RCW 18.73.100, conditions for variance from state standards;
D. RCW 18.73.110, emergency medical technician qualifications;
E. RCW 18.73.120, advanced first aid certificate qualification, issuance and
duration;
F. RCW 18.73.160, first aid vehicle licenses;
G. RCW 18.73.170, first aid vehicles, personnel and use. (Prior code §
4.02.070).
5.04.075 Violation - Penalties.
Violation of the aforementioned sections of this chapter shall constitute a
misdemeanor _and upon._ conviction, violators_ shall be fineda _sum not
exceeding $100,00, or may be imprisoned in the county jail for not exceeding
six months. (Prior code., 4.02.100).
5.04.080 EMS oversight board.
A. Composition. There is created a joint, advisory, cooperative emergency
medical and ambulance services oversight board, consisting of the
following flifie-eleven members:
1. The Whatcom County executive;
2. The mayor of Bellingham;`
3. A mayor of an incorporated city, other than Bellingham, appointed by
the Small Cities Mayer--a-A�e-%a-tien-Partnership;
4. One Bellingham city councilmember — ap_pointed by the Bellingham
Cit�Council;
5. One Whatcom County councilmember,•—_.--ap_pointed by___the Whatcom
Count Cy_ ouncil,
6. County Fire District Commissioner, appointed by the County Fire
Commissioner's Association;
7. A medical community citizen representative, appointed jointly by the
county executive and the mayor of Bellingham;
8. A financial/budget citizen representative, appointed jointly by the
county executive and the mayor of Bellingham;
9. A citizen at large, appointed jointly by the county executive and mayor
of Bellingham; and.
19L710. Two (2) EMS or fire department employees or citizens with
a demonstrated commitment to diversity,._euLity, and inclusion,
pointed jointly by the county executive and mayor- of Bellingham.
B. Duties of the EMS Oversight Board. The EMS oversight board shall:
1. With the active advice and participation of the EMS technical advisory
board, make recommendations to Whatcom County and the cities and
fire districts of Whatcom County regarding administration, operations,
levels of service, and EMS budgets and financial reporting iReluding-btrt
nt4i-n�iited t III ng e n'- , " to
f-i-ed—+t� this se --E M S
Adrtiinistrat-ive SeFv-iees; and
2. Be the primary organization responsible for framing the ongoing vision
of an integrated and coordinated EMS system; and
3. Hold at least four meetings per year (quarterly) to review the status of
emergency medical services in Whatcom County and to develop
recommendations; provided, that all ni-ne--eleven—members shall be
voting members and provided further that a quorum of six members is
required in order for the board to take final action. Board
recommendations shall be made by a minimum of fire -six members
voting to affirm the recommendation; and
4. Consider diversity, equity, and inclusion in all activities and
recommendations. Prior to any board action, the board will articulate
how that action will achieve diversity, equity, and inclusion goals; and
4.5. Refer appropriate technical, operational, and medical matters to
the EMS technical advisory board; and
-5-.6. Ensure that meetings of the EMS oversight board comply with the
Open Public Meetings Act, Cha_pter_42.30 RCWarr-e--c-eti--atg-d-a-ec-es- bl-e
te- the -publie. At every meeting the board will schedule an open session
to take public comment; and
7. Designate the Whatcom County executive as the chairperson of the
board and designate the staff for the board. The board may select a vice
chair who may serve as interim chair in the absence of the county
executive; and
8. Staff support of the EMS Oversight Board shall be designated by and
serve under_ the direction of the county executive.
6.9. If an EMS, levy issought to fund EMS services,. the EMS Oversight
Board will ensure that the Whatcom County Council and the Bellingham
City Council have an opportunity to review a draft levy service plan and
provide feedback prior to the EMS Oversight Board voting to endorse an
EMS levy service plp an.
-7-.10. In making recommendations, strive to stay within the adopted
county budget and service provider contracts. Any recommendation will
include a fiscal analysis and funding recommendation. (Ord. 2013-074
(Exh. A); Ord. 2006-007; Ord. 82-109; prior code § 4.02.080).
C. EMS Levy.
If an EMS Levy is sought to fund EMS services Whatcom County Council will
approve a levy service plan prior to or in conjunction with adoption of an
ordinance to place a levy on a ballot for voter approval as per RCW 84.52.069.
Additionally, designated _staff for the EMS Oversight Board or a designated
representative from the EMS Oversight Board shall provide to council an
annual review of the Levy Service Plan and current and future revenues and
expenses of the EMS Levy.
1. Levy Service Plan. The EMS Oversight Board shall review and consider
endorsement of a levy service plan in advance of county council
approval. Any proposal for a new levy or an extended levy that will
require voter approval must be sent to County Council at least six weeks
prior to any deadline for submitting a proposal to the ballot.
a. Alev_y_.service_plan will be developed with Whatcom County
staff support and in coordination with partnering agencies in
the county -wide EMS service area.
b. The levy service plan will include the followings
i. Descri tion of the EMS structure and s stems in
1 Whatcom County
i_i__De_scri.ption_ of the to develop the levy _service
plan,
iii. Status of previous recommendations;
iv._ Financial information for EMS _,revenue, capital
expenditure,s,,._ ep rsonnel costs, EMS levy rate calculation,
and funding allocations including reserves;
V. Description of activities and achievements related to
diversity, equity and inclusion;
vi. Strategic recommendations to address diversity, equity,
and inclusion in recruitment, hiring, and service to the
community as well as other areas;
vii. Set targets for diversity in staffing and applicants and
trackr)roq ress towards those goals; and
viii. Track demographics annually of staff in EMS jobs and in
the paramedic training programs as well as attendees for
recruitment events and applicants for job postings;
ix Recommendations which shall include the following:
1. Medical unit locations,
2 Future service demands
3. Data and technology systems,
4. Recruitment and traininq�
5. Prevention and community outreach,
6. Medical dispatch
7. EMS administration,
8. Diversity, equity, and inclusion, and
9. Target communities and organizations for
recruitment.
2. Levy Planning Committee.
a. Membership. The EMS Oversiaht Board shall confirm members
of an EMS Levy Committee to quide the development of a levy
service Ian. Subcommittees mav be established to address
sr)ecific topics in more detail. Members of the EMS Levy
Committee shall include one representative from each of the
participatinq agencies and other members as defined as
i. Whatcom County,
i_ i..0 i t_Y_ o f B e I I i n a h a m.,
iii. Whatcom County Council,
iv. Bellinc_ham Citv Council
V. Small Cities Representative,
vi. Bellingham Fire Department
vii. Whatcom County Fire District 7�,
viii. Lynden Fire Department,
ix. Whatcom County Fire Chiefs Association,
X. Whatcom County Fire Commissioners,
xi. IAFF Local 106 Representative,
xii. Whatcom 7 Firefighters;
xiii. Citizen Representative
xiv. Citizen Finance Representative,
xv. EMS/Trauma Council, and
xvi. Two (2) EMS or Fire department employees or
citizens with a demonstrated commitment to
diversity, equity and inclusion.
b. Staff sugport of the Lem Plannin_g__Committee shall be
designated by and serve under the direction of the county
executive
c. The Whatcom County Executive and Mayor of Bellingham shall
appoint a chair from the Lever Planning_ Committee members.
d. The Levy Planning Committee shall comply with the Open Public
Meetings Act, Chapter 42.30 RCW.
5.04.085 EMS technical advisory board.
A. Composition. There is created a joint, cooperative emergency medical
services technical advisory board, consisting of the following 10 members:
1. A member appointed by the Whatcom County Fire Chiefs Association;
2. A member appointed by the county executive from the Whatcom County
administration;
3. A hospital/medical community representative, appointed jointly by the
county executive and the mayor of Bellingham;
4. A member appointed by Whatcom County Fire District 7 as an ALS
service provider;
5. A member appointed by the city of Bellingham fire department as an
ALS service provider;
6. A member from the What -Comm Dispatch Center, appointed jointly by
the county executive and the mayor of Bellingham;
7. A paramedic training education provider, appointed jointly by the county
executive and the mayor of Bellingham;
8. A member appointed by the Whatcom County EMS/Trauma Care
Council;
9. A member appointed by the mayor of Bellingham from the city of
Bellingham administration; and
10. The medical program director.
B. Board Officer and Staff Support.
1. County executive shall appoint chair and vice chair.
2. The chair shall be responsible for convening and conducting meetings.
3. Staff support of the TAB —EMS Technical Advisory_ Board shall be
designated by and serve under the direction of the county executive.
4. The TAB EMS Technical Advisory Board may create other interim work
groups to assist the TAB —EMS _Technical Advisory Board in making
recommendations. The interim work groups may include other members
of the community not part of the TA-BEMS Technical Advisory Board.
C. Duties of the EMS Technical Advisory Board. The technical advisory board
shall:
1. Serve as advisors and make recommendations to the EMS oversight
board and to emergency medical service providers in Whatcom County
regarding operational, educational, and logistical components of basic
through advanced life support services;
2. Monitor the emergency medical services provided throughout Whatcom
County and make recommendations to the EMS oversight board
designed to improve the efficiency and effectiveness of those services;
3. Hold meetings as needed with the primary purpose of making such
recommendations in an efficient and focused manner;
4. Strive to make recommendations by consensus. In the absence of
consensus recommendations may be made by a majority of all members
of the -TAB, EMS Technical Advisory Board;
5. Coordinate ongoing training standards and services; and
6. Consider diversity, eauity, and inclusion in all activities and
recommendations to the EMS Oversight Board; and
7. Review the levv service olan and arovide feedback prior to the EMS
Oversight Board consi_d_erin_g_endorsement__the Dia and
8_Strive to make recommendations that stay within the adopted county
budget and service provider contracts. Any recommendations will
include a fiscal analysis and funding recommendation. (Ord. 2013-074
(Exh. A)).
5.04.090 Ambulance operations - Records - Review - Hearing - Finding.
A. Emergency medical care by ambulance crews will be performed in
accordance with the standards and principles of the course of instruction
given emergency medical technicians.
B. Records, in a form to be approved by the board, shall be logged by
ambulance crews and shall include the appearance and status of, and
treatment administered to, injured, sick, or incapacitated persons treated
or transported by ambulances or their crews. Such records shall be made
and copies filed monthly. The file copy should have a number rather than
the name of the person receiving care. Such records are confidential and
shall be released only to the board and proper officials, unless subpoenaed.
C. The board shall review operations of ambulance crew to determine whether
or not the standards have been met.
D. If it appears to the board that substandard operations may have occurred,
the board shall set a hearing date upon not less than three days' written
notice to the crewmen and ambulance owner or proprietor affected. At such
hearing the affected crewmen and owner or proprietor shall be apprised of
any adverse information under consideration by the board and shall be
given the opportunity to present any information or evidence in rebuttal or
defense. Such hearing shall be closed to the press and public unless the
respondents thereto shall request a public hearing.
E. Upon a finding by the board that the standards have not been met, the
board of county commissioners of Whatcom County, by resolution or
ordinance, may declare immediate forfeiture of any county franchise or
license held by such ambulance crew of the owner, or proprietor of the
ambulance service, by whom such ambulance crew is employed. (Prior
code § 4.02.090).
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