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Legislation #: 090754 Introduction Date: 8/27/2009
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS SHARP, CIRCO AND CURLS
Title: Assigning new responsibilities for the delivery and management of ambulance services to the Fire Department by enacting a new Section 2-232, “Ambulance services duties of director” within Chapter 2, Article V, Division 4 of the Code of Ordinances; amending Section 34-363, Code of Ordinances entitled “Emergency medical services coordinating committee” reflecting the change in the provision of ambulance services by modifying the membership of the Emergency medical services coordinating committee; reducing the Contingent Appropriation in the General Fund by $100,000.00 and appropriating $100,000.00 for ambulance service transition expenses to cover costs associated with transitioning and establishing the delivery and management of ambulance services in the fire department; and recognizing an emergency.

Legislation History
DateMinutesDescription
8/28/2009 Filed by the Clerk's office
8/27/2009 Referred to Public Safety and Neighborhoods Committee
9/2/2009 Councilmember Jolly Move to Amend
9/3/2009 Assigned Third Read Calendar as Substituted
9/3/2009 Assigned Third Read Calendar as Substituted
9/2/2009 Do Pass Committee Substitute as Amended
9/10/2009 Councilmember Johnson Move to Amend
9/10/2009 Councilmember Johnson Move To Hold On Docket
9/10/2009 Held on Docket (9/17/2009)
9/17/2009 Councilmember Sharp Move to Amend
9/17/2009 Councilmember Ford Move To Hold On Docket
9/17/2009 Passed As Substituted And Further Amended

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090754, AS FURTHER AMENDED

 

Assigning new responsibilities for the delivery and management of ambulance services to the Fire Department by enacting a new Section 2-232, Ambulance services duties of director within Chapter 2, Article V, Division 4 of the Code of Ordinances; amending Section 34-363, Code of Ordinances entitled Emergency medical services coordinating committee reflecting the change in the provision of ambulance services by modifying the membership of the Emergency medical services coordinating committee; reducing the Contingent Appropriation in the General Fund by $100,000.00 and appropriating $100,000.00 for ambulance service transition expenses to cover costs associated with transitioning and establishing the delivery and management of ambulance services in the fire department; and recognizing an emergency.

 

WHEREAS, Subsection 408(a)(3) of the City Charter states as one of the duties of the fire department its participation . . . in the pre-hospital emergency medical services system and Subsection 408(a)(6) of the City Charter provides that the Fire Department may [P]erform such other duties as may be prescribed by law; and

 

WHEREAS, by Resolution No. 090232, As Amended, the City Council accepted the recommendation of the EMS Advisory Committee established by Resolution No. 090074 that the City integrate ambulance service into the City as a whole by creating a separate City department that would perform all of the current duties and obligations performed by the Metropolitan Ambulance Services Trust; and

 

WHEREAS, the City Council has reconsidered that part of the EMS Advisory Commissions recommendation that suggested the creation of a separate City department and now concludes that the integration of ambulance service into the City can best be accomplished by incorporating the delivery and management of ambulance services into the Fire Departments duties, and

 

WHEREAS, Subsection 401(b), City Charter, authorizes the City Council to establish divisions or other units within City departments; and

 

WHEREAS, by Resolution No. 090232, As Amended the City Council directed the City Manager to implement the recommendations of the EMS Advisory Committee; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Assigning Ambulance Services Responsibilities to Fire Department. That Chapter 2, Article V, Division 4, Administration, of the Code of Ordinances, is amended by enacting a new Section 2-232, entitled Ambulance services duties of director, to read as follows:

 


Sec. 2-232. Ambulance services duties of the director.

 

(a) General. In addition to other duties assigned by City Charter and ordinances, the director of the fire department shall have such duties, powers and authorities as are necessary for the integration of the delivery of ambulance service into the City, as well as those that are necessary for the management and delivery of ambulance service, as prescribed in this section or as may be prescribed by the City Manager in accordance with section 2-141, Code of Ordinances.

 

(b) Specific duties. The director of the fire department shall be responsible for all of the following:

 

(1) Management of ambulance services. To oversee, manage and operate all ambulance services originating within the city, including all special events ambulance coverage, as the sole provider of such services;

 

(2) Recommend rates. To recommend reasonable rates for the provision of ambulance services;

 

(3) Billing and collections. To hold primary responsibility for billing and collection for the provision of ambulance services;

 

(4) Records. To maintain all records in accordance with applicable laws and regulations, including the Missouri Sunshine Law and the federal Health Insurance Portability and Accountability Act of 1996 Privacy Rule;

 

(5) Response times. To maintain records of response times and establish operational procedures to reduce response times;

 

(6) Communication systems. Work with all public safety providers for the effective and efficient maintenance of required communications systems;

 

(7) Cooperative services. To work with the Medical Director, Director of Health, Director of General Services and other participants in the prehospital emergency medical services system, including physicians and hospitals, in improving such care; and

 

(8) Additional matters. Any other matter requested by the medical director or the City Council as provided by resolution or ordinance.

 

(c) Staff. The director of the fire department shall have the authority to appoint such assistants and other employees as may be necessary and authorized to perform the functions associated with the delivery of ambulance service.

 

(d) Ambulance services bureau established. There is established an Ambulance Services Bureau within the Fire Department through which the duties assigned by this section to the director of the fire department shall be met.

 

(e) Rules and regulations. The director of the fire department shall have the power to prescribe and enforce rules and regulations, not inconsistent with the Charter, Code of Ordinances, or other applicable rules and regulations of the City, for the conduct of the employees managing and providing ambulance service.

 

Section 2. Modifying membership on the Emergency medical services coordinating committee. That Section 24-363, Code of Ordinances, is amended to read as follows:

 

Sec. 34-363. Emergency medical services coordinating committee.

 

(a) The emergency medical services coordinating committee or EMSCC is established and shall include the following individuals:

 

(1) City manager or the City managers designee acting as chair of the EMSCC committee;

 

(2) Medical director;

 

(3) Fire chief;

 

(4) Person directly responsible for the management of the Ambulance Services Bureau of the Fire Department;

 

(5) Two employee representatives of the fire department as selected by the recognized labor bargaining groups, one of whom serves in fire suppression and one of whom serves in ambulance services;

 

(6) Budget officer of the City;

 

(7) The vice chair of the above enumerated participants from among themselves and who shall be able to convene the committee in the absence of the chair.

 

(b) Role of the emergency medical services coordinating committee.

 

(1) The EMSCC shall be empowered to approve various standards, rules and regulations for the operation of the emergency medical system as recommended by the city's medical director;

 

(2) Recommend to the city manager the appointment of the city's medical director and provide ongoing oversight of the city's medical director and emergency medical system performance.

 


Section 3. Reducing the Contingent Appropriation. That the appropriation in the following account of the General Fund is reduced in the following amount:

 

10-1000-179990-B Contingent Appropriation $100,000.00

 

Section 4. Appropriating funds. That $100,000.00 is appropriated from the Unappropriated Fund Balance of the General Fund to the following account in the General Fund:

 

10-1000-231000-B Fire Administration $100,000.00

 

Section 5. Transitional authority. When in this code reference is made to the executive director of the Metropolitan Ambulance Services Trust that term shall mean the executive director of the Metropolitan Ambulance Services Trust and the director of the fire department.

 

Section 6. Reporting on progress of integration of ambulance service. The director of the fire department shall submit a written report to the Mayor and the City Council on the progress of the integration of the management and delivery of ambulance service into the City on or before the first day of each month, starting after the first full calendar month after the passage of this ordinance, and ceasing after the integration has been completed.

 

Section 7. Recognizing an emergency. The City recognizes an emergency under the provisions of Section 503(a)(3)(C) of the Charter of Kansas City, in that this ordinance appropriates money, with this ordinance taking effect in accordance with that section.

 

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Jeffrey A. Yates

Director of Finance

 

Approved as to form and legality:

 

___________________________________

Galen P. Beaufort

City Attorney