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• This matter first came before the Board on December 7, 2009, the Board voted to delay <br /> the item. Prior to the meeting, both the Orange County Rescue Squad ("OCRS") and <br /> South Orange Rescue Squad's ("SORS") attorneys were given a copy of the <br /> amendments to the EMS Franchise Ordinance. OCRS came before the Board at the <br /> December 7, 2009 meeting and presented a letter in opposition to the amendments. <br /> Specifically, OCRS was opposed to the composition of the EMS Advisory Committee <br /> and the due process provided in the Ordinance. The attorney for SORS had no <br /> concerns about either the EMS Advisory Committee or the due process requirements. <br /> The Board asked the County Attorney to review the letter presented by OCRS prior to <br /> acting on the Ordinance. <br /> Response: The County Attorney's Office reviewed the letter and found that both the <br /> EMS Advisory Committee and the due process provisions provided by the Ordinance <br /> comported to the requirements of due process under both the federal and state <br /> constitutions. <br /> • On January 21, 2010, these amendments were brought before the Board, the Board <br /> voted 6-1 to approve the amendments to the Ordinance. Fire Chiefs from several <br /> volunteer fire departments raised concerns about not having input into the changes to <br /> the Ordinance and questioned how the amendments to the Ordinance would affect <br /> them. OCRS again indicated it opposed the amendments to the Ordinance for the <br /> same reasons they indicated on December 7, 2009 and SORS spoke in favor of the <br /> proposed amendments to the Ordinance. The Board expressed concerns about the fire <br /> departments' position and the composition of the Emergency Medical Service Advisory <br /> Committee and EMS Peer Review Committee. <br /> Response: At the Board's December 7th meeting staff from the County Attorney's <br /> office indicated the amendments to the EMS Franchise Ordinance did not require <br /> volunteer fire departments to be permitted a franchise to provide services that are <br /> considered fire fighting services. The volunteer fire departments are not in the <br /> business of providing the services governed by the Ordinance. There was no change <br /> recommended to require fire departments to have a franchise. The volunteer fire <br /> departments contract with the County to provide fire fighting and fire prevention service <br /> in the County. Fire fighting services necessarily include both first/medical responder <br /> and extrication services, which are incidental to their obligations and specifically <br /> referenced in their existing contracts. <br /> However, the North Carolina Administrative Code provides that County governments <br /> shall establish an EMS System that has among other things: <br /> o A defined scope of practice for all EMS personnel functioning in the EMS <br /> system; <br /> o Written policies and procedures describing dispatch, coordination and oversight <br /> of all responders that provide EMS care; <br /> o Written policies and procedures for the EMS System's EMS Care data for the <br /> daily and on-going management of all EMS System resources; <br /> o A written continuing education program for all credentialed EMS personnel, <br /> developed and modified based on feedback from system EMS Care data, <br />