Agenda Item 9
October 18, 2011
Public Hearing
MEMORANDUM
TO:
FROM:
County Council
Michael Faden, Senior Legislative Attorney.:
Amanda Mihill, Legislative Attorney(J/rvfJJt,UJ
Public Hearing:
Bill 30-11, Fire and Emergency Services Commission - Duties
SUBJECT:
Bill 30-11, Fire and Emergency Services Commission - Duties, sponsored by
Councilmembers EIrich and Leventhal, was introduced on September 27, 2011. A Public Safety
Committee worksession is tentatively scheduled for December 1.
Bill 30-11 would repeal the authority of the Fire and Emergency Services Commission to
approve or disapprove certain Fire and Rescue Service policies and regulations. This Bill does
not affect the Commission's role to advise the Fire Chief, County Executive, and Council under
County Code §21-2(d)(I) and (3).
This packet contains:
Bill 30-11
Legislative Request Report
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Bill No.
30-11
Concerning: Fire
and
Emergency
Services Commission - Duties
Draft No.
_1_
Revised:
7/20/2011
Introduced:
September 27,2011
Expires:
March 27, 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_N:..:.o::::.:n-",e,--~:--
_ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers EIrich and Leventhal
AN
ACT to:
(1)
(2)
repeal the authority of the Fire and Emergency Services Commission to approve or
disapprove certain Fire and Rescue Service policies and regulations; and
generally amend the duties of the Fire and Emergency Services Commission.
By amending
Montgomery County Code
Chapter 21, Fire and Rescue Services
Sections 21-2,21-8, 21-8A, 21-9,21-10,21-11,21-13,21-16,21-18,21-19,21-27
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* *
*
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 30-11
1
Sec.
1.
Sections 21-2,21-8, 21-8A, 21-9, 21-10, 21-11, 21-13, 21-16, 21-18,
21-19, and 21-27 are amended as follows:
21-2. Fire and Emergency Services Commission.
2
3
4
*
(d)
*
*
5
6
7
8
9
10
11
12
Duties, responsibilities and authority.
(1) The Commission must recommend how the County can:
(A) achieve and maintain effective, efficient, and equitable
fire, rescue, and emergency medical services County-wide,
and
(B) improve the policy, planning, and regulatory framework
for all fire, rescue and emergency services operations.
(2)
The Commission must meet at least monthly, and may meet at
other times at the call of the chair or a majority of its members.
(3)
The Commission, in addition to any other functions assigned by
law or regulation, may:
(A) advise the Fire Chief, County Executive, and County
Council on any matter relating to fire, rescue and
emergency medical services, and review the performance
of the County Fire and Rescue Service and any action
taken or policy adopted by the Service;
(B) advise the Chief, Executive, and Council on County-wide
policies, standards, procedures, plans, and programs that
should apply to all fire, rescue, and emergency services
operations;
(C) review and make recommendations regarding the master
plan for fire, rescue, and emergency medical services as
provided in Section 21-12;
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
o
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BILL
No. 30-11
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
[(4)
(D)
recommend and comment on legislation, regulations, and
policies that apply to or affect the Fire and Rescue Service;
(E)
review and recommend any appropriate changes in
communications and dispatch procedures for emergency
communications centers;
(F)
recommend guidelines for curriculum and programs of the
Public Safety Training Academy and other training
programs for fire and emergency services employees and
volunteers;
(G)
recommend to the Chief, Executive, and Council a benefits
program to provide financial protection for volunteers and
their families if a volunteer becomes injured, disabled, or
dies in the line of duty;
(H)
after consulting the LFRD representative, recommend to
the Chief, Executive, and Council policies and programs to
recruit and retain volunteers; and
(1)
promote coordination with other County-wide, regional,
state, and national emergency management agencies and
activities.
The Commission must review and may approve or disapprove
any generally applicable Fire and Rescue Service policy or
regulation proposed by the Fire Chief, including any regulation
that may be issued by the Executive under this Chapter. Before
taking any action under this paragraph, the Commission must
give the Fire Chief, LFRD representative, employee organization,
and the public a reasonable opportunity to comment.
If the
Commission does not approve or disapprove a proposed policy
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BILL No. 30-11
55
56
57
within 60 days after receiving it from the Chief, the policy is
automatically approved. If the Commission does not approve or
disapprove a proposed regulation within 60 days after receiving it
from the Chief, the regulation is automatically transmitted to the
Executive for review. This paragraph does not apply to:
(A)
any decision expressly assigned to another person or body
by this Chapter; or
(B)
any individual personnel action.]
58
59
60
61
62
63
64
*
(a)
*
*
21-8. Integrated Emergency Command Structure.
65
The County Executive[, after receiving Commission approval under
Section 21-2(d)(4),] must adopt by regulation an Integrated Emergency
Command Structure (lECS) that is consistent with the National Incident
Management System and applies to all IECS certified providers of fire,
rescue and emergency medical services, on all emergency incidents.
The Chief regularly must review the IECS regulation and propose
amendments as necessary.
66
67
68
69
70
71
72
*
(a)
*
*
73
21-8A. Standardized Incident Management System.
74
75
76
77
78
The County Executive must establish by regulation[, after receiving
Commission approval under Section 21-2(d)( 4),] a Standardized
Incident Management System that is:
(1)
based on nationally recognized incident management systems for
fire and rescue operations; and
(2)
compatible with the National Incident Management System.
79
80
*
*
*
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BILL
No. 30-11
81
82
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97
21-9. Disaster plan.
The County Executive, by regulation [issued after receiving Commission
approval under Section 21-2(d)(4)], must establish and maintain a fire and rescue
disaster plan that provides an integrated chain of command. compatible with the
Standardized Incident Management System and the Integrated Emergency Command
Structure.
21-10. Response areas.
The Fire Chietl, after receIvmg Commission approval under Section 21­
2( d)( 4),] must establish response areas served by each fire or rescue station that
collectively cover the entire County. The boundaries of a response area are generally
the mid-points in road distances between that station and the nearest fire or rescue
stations. However, the response area boundaries must consider geographic or other
features that affect dispatch operations.
21-11. Communications procedures and dispatch times.
The Fire Chietl, after receiving Commission approval under Section 21­
2(d)( 4),] must establish comprehensive and consistent communications and dispatch
procedures that maintain appropriate allowable dispatch times for all fire and rescue
units and promote public safety.
21-13. Temporary transfer of apparatus.
98
99
100
101
102
103
104
105
106
107
The County Executive[, after receiving Commission approval under Section
21-2(d)(4),] must adopt a regulation establishing policies for the long- or short-term
transfer of apparatus. The Fire Chief, when authorized by regulation, may transfer
any apparatus purchased in whole or in part with tax funds, including any apparatus
titled to a local fire and rescue department. The Chief must provide as much advance
notice as possible before transferring apparatus. The regulation must not require the
transfer of any apparatus that was not purchased with any County tax funds, except in
an emergency.
@
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BILL NO.
30-11
.
108
21-16. Personnel administration for local fire and rescue departments.
109
110
111
112
113
114
115
116
(a)
Applicability a/County Regulations.
Employees of local fire and rescue
departments who are paid with tax funds are not County employees.
They are members of a separate merit system governed by generally
applicable County personnel regulations except as expressly modified
by regulations that the County Executive[, after receiving Commission
approval under Section 21-2(d)(4),] adopts under method (2).
*
(a)
*
*
21-18. Training requirements and certification standards.
117
118
119
The County Executive[, after receiving Commission approval under
Section 21-2(d)(4),] must issue regulations establishing training
requirements for all active fire, rescue, and emergency medical services
personnel in the Fire and Rescue Service, including the local fire and
rescue departments, consistent with the Integrated Emergency
Command Structure.
120
121
122
123
124
*
*
*
21-19. Code of ethics and personal conduct.
125
126
The County Executive[, after receiving Commission approval under Section
21-2( d)( 4),] must issue regulations establishing a code of ethics and on-duty personal
conduct that is consistent with applicable law, including Chapters 19A and 27. The
code must apply to all fire, rescue, and emergency medical services personnel,
including administrative personnel. The code must specify prohibited conduct and
the procedures and actions available to address any violation. The Fire Chief may
refer a matter to the County Ethics Commission or Human Rights Commission.
21-27. Purchasing and contracting.
127
128
129
130
131
132
G
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BILL
No.
30-11
133
134
135
136
The Fire Chief[, after receiving Commission approval under Section 21­
2(d)(4),] must establish procedures, by regulation, that govern any purchase or
contract by any department that will be financed in whole or in part with tax funds.
Approved:
137
Valerie Ervin, President, County Council
138
Date
Approved:
139
Isiah Leggett, County Executive
140
Date
This is a correct copy ofCouncil action.
141
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 30-11
Fire and Emergency Services Commission
-
Duties
DESCRIPTION:
Bill 30-11 would repeal the authority ofthe Fire and Emergency
Services Commission to approve or disapprove certain Fire and
Rescue Service policies and regulations
The Commission current has veto authority over Fire and Rescue
Service policies and regulations, which has limited the Fire Chiefs
ability to modify current policies.
To abolish the Commission's regulatory function and retain its
advisory functions.
Fire and Rescue Service
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
Not applicable
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATIO~:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable
F:\LAw\BILLS\1130 Fire Rescue Commission - Duties\Legislative Request Report.