Agenda - 12-01-2008 - 3e - Laserfiche WebLink

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~~ MEMORANDUM TO: Orange County Board of County Commissioners FROM: Geof Gledhill, County Attorne Annette Moore, Staff Attorne RE: Orange County Ambulance Franchise Agreement Date: November 24, 2008 Statement of the Issue The Emergency Services Department ("ES" or "the ES Department") provided a report to the Board of County Commissioners ("Board") at a recent Board work session on the Orange County EMS and Rescue Squad (the "Rescue Squad)," a franchisee of rescue squad and ambulance services and thereby a part of the County emergency management system. As part of this report ES Director, Colonel Montes de Oca, presented an update on the events surrounding the "stand-down" of the Rescue Squad, which occurred June 27, 2008. Also at the meeting, Brian Matthews, the Rescue Squad Chief, provided the Board with a document, "Chapter 14 Emergency Management and Emergency Services." Chief Matthews stated it was his view this document conveyed the Rescue Squad with "due process" prior to suspension or termination of the Rescue Squad's Franchise Agreement. The Board asked the County Attorney for an analysis of the Rescue Squad's due process contention and the authority of the ES Director to issue a "stand-down" order. We have reviewed these issues. Simple Answers The "Ordinance Regulating Emergency Medical, First Responder, and Rescue Services and Granting Franchise and Contract to the Operators in the County of Orange" (the "Franchise Ordinance") does not expressly provide for due process when terminating a franchise agreement. However, a franchise agreement is a grant by the government of an interest in property. The government cannot deprive the holder of "the property" it granted without notice and an opportunity to be heard.t On the other hand, each component part of the County's emergency management system is under the direction of the ES Director. The E'S t North Carolina Constitution, Article I, Section 19.