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

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as the "system of personnel, EMS transport system vehicles and equipment normally dispatched on a first call response."23 Some of the responsibilities included in the Agreement are: the Rescue Squad was to comply with the Franchise Agreement; maintain in good standing the State drivers license for members of the Rescue Squad and the Rescue Squad's privilege license to operate either its ambulances or EMS services; provide the highest level of care at all times; and comply with the County's official written EMS System Plan. The Franchise Agreement cannot be terminated or suspended without approval of the Board of County Commissioners. At a minimum the County must provide "due process" before terminating or suspending a franchise. The North Carolina Supreme Court has recognized "a franchise as property, the use and enjoyment of which is entitled to protections as any other property right.24 The granting of such right is "not a mere license, but a property right protected by the Constitution from arbitrary revocation or destruction, and may not be taken without due process of the law." 25 Due process requires, prior to termination or suspension of a franchise under the Franchise Ordinance, the County provide notice and an opportunity to be heard by the franchise hoider.26 The Board has not approved a termination or suspension of the franchise and the Rescue Squad's Franchise Agreement is still in effect. On June 30, 2008, the Emergency Services Director issued a "stand-down" of the Rescue Squad. The stand-down, had the effect of taking "out of active work or service" the Rescue Squad vehicles in the emergency services system. It did not however suspend or terminate the Franchise Agreement of the Rescue Squad:27 The Rescue Squad is one of eight licensed EMS providers who operate as part of the overall EMS System in Orange County.28 In the EMS System Plan for Orange County, dated June 30, 2003 (updated December 20, 2004) (the "EMS System Plan"), the Rescue Squad can provide, "EMT-Basis coverage at special events, extra personnel for OCEMS street-duty trucks during time of unusual demand (weather emergencies), light and heavy extrication, '3 Defined at Section 3, Emergency Services Franchise Agreement '`~ 36 Am.Jur.2d Frariclzises §5 (1968), Stallings v. City of Winston Salem 311 NC 689, 692, 319 S.E.2d 233, 236 (1984) zs Boyce v. City of Gastonia 227 N.C. 139, 145, 41 S.E.2d. 355, 359 (1947) '6 See Paul v. Davis, 424 U.S. 693, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976); Wuchte v. McNeil, 130 N.C.App. 738, 505 S.E.2d 142 (1998); Howell v. Carolina Beach, 106 N.C.App. 410, 417 S.E.2d 277 (1992). '-7 stand down. Dictiouary.com. Dictionary.cvnt. Unabridged (v 1.1). Random House, Inc. htt~Udieticmary;,re:ference.com/brtiwselstand down (accessed: October O1, 2008}. '8 EMS System Plan, June 30, 2003 p. 1-2 Page 6 of 7