PS Item 1 & 2
May 3,2013
Worksession
MEMORANDUM
TO:
FROM:
Public Safety Committee
*Mi~hael Fad~n, Sen~or Leg~slat~ve
Attorney
.
,
EssIe McGUIre, Semor LegIslative
Analys~GJ,...\M
Worksession: Bill
7-13, Emergency Medical Transportation - Use of Revenue
Amendment
Worksession:
FY14 Operating Budget MCFRS
SUBJECT:
Bill 7-13, Emergency Medical Transportation - Use of Revenue - Amendment,
sponsored by the Council President at the request of the County Executive, was introduced on
March 5, 2013.
Bill
7-13 would set aside 15% of the net Emergency Medical Services Transport (EMST)
Insurance Reimbursement Program revenue to be allocated for the benefit of the local fire and
rescue departments (LFRD's). This
Bill
would implement the Memo of Understanding that the
Executive signed with the Montgomery County Volunteer Fire and Rescue Association
(MCVFRA) in 2012 (see ©9-11). A public hearing was held on April 2 at which all speakers­
then-Fire Chief Bowers, representing the County Executive, and representatives of the
MCVFRA endorsed the Bill.
Amendments
Council staff
recommends
that the Committee adopt 2 amendments that
all parties have reviewed without objection:
Amendment 1
(see ©12) would (a) delete language from the 2012 law that required the
Fire Chief to specify each year in the annual operating budget how the funds allocated to the
LFRD's would be used; and (b) clarify that any employees hired by the LFRD's using EMST
funds are neither County employees nor members of a separate LFRD merit system.
Amendment
2 (see ©13) would authorize the funds to be allocated under a procedure
specified in the annual operating budget resolution, rather than allocate the funds in the
resolution itself.
Budget resolution
Council staff
recommends
that the Committee endorse language for
the FY14 operating budget resolution to specify the procedure to allocate the LFRD funds. All
parties have reviewed the language on ©14 without objection.
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The budget provision would:
• establish two dates for distribution of the actual net revenues from the previous 6
months;
• reference an application and review process conducted by the MCVFRA and the Fire
Chief; and
• include a reversion clause that allows the Fire Chief to reallocate any funds, if
necessary, that have not been spent or encumbered by one year after they are
distributed.
The MOU provides that the EMST reimbursement funds will be distributed to the
LFRD's through a process similar to the one followed for State
508
Amoss grants. The
Committee has extensively discussed the Amoss grant process in the past two years, and the
MCVFRA, the LFRD's, and MCFRS have together made significant improvements in the
distribution and implementation of these funds. The Committee continues to receive quarterly
reports on LFRD expenditures of the Amoss funds, and recently requested that information on
multi-year projects be added to these reports. The Amoss policy and a brief process summary
are attached for Committee reference (see ©
15).
The reversion clause in the proposed budget provision is similar to one that the Council
has included in Amoss appropriation resolutions. Its intent is to let the MCVFRA and the Fire
Chief review projects with unencumbered funds, identifY any problems, and work toward
resolution. As the Committee has discussed, this clause does not prevent LFRD's from saving
funds for large projects, and so far has been used very rarely to revert Amoss funds.
Council staff understands that MCVFRA has already conducted an application process
and has identified projects to fund based on earlier revenue projections. Given the uncertainty of
EMST revenue over the next several months, MCVFRA and the Fire Chief may need to develop
a priority list or approach to decide how funds will be distributed in FY14.
Council staff agrees that the Amoss policy framework is a useful starting point for the
FY14 process. MCVFRA and the Fire Chief should develop a formal policy for the EMST
revenue. Council staff suggests that the Committee save time in the fall for an update on this
policy development and other implementation issues.
This packet contains:
Bill 7-13
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact Statement
Memo of Understanding with MCVFRA
Amendments
1-2
Budget resolution text
Amoss process information
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Use
Of
Revenue-Amendment\PS Memo.Doc
Circle #
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4
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Bill No.
7-13
Concerning: Emergency
Medical
Transportation - Use of Revenue ­
Amendment
Draft No.1
Revised:
9/4/2012
Introduced:
March 5, 2013
Expires:
September 5,2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: ___- - - - - - - ­
Effective:
[date]
Sunset Date: -!..!.No=n..:..=e'--__: - - - - - -
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN
ACT to:
(1)
(2)
establish the percentage of emergency medical transport revenue to be allocated for
the benefit of local fire and rescue departments; and
expand the purposes for which a local fire and rescue department may spend
emergency medical transport revenue.
By amending
Montgomery County Code
Chapter 21, Fire and Rescue Service
Section 21-23 A
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. 7-13
1
Sec.
1.
Section 21-23A is amended as follows:
21-23A. Emergency Medical Services Transport Insurance Reimbursement
Program.
2
3
4
*
(h) Use of Revenue.
*
*
*
*
5
6
7
*
(3)
(A)
[A percentage of this account, which the Council must
specify annually in the operating budget resolution, must
be used to replace or augment apparatus owned and staffed
by local fire and rescue departments and training, gear, and
equipment for local fire and rescue departments.] 15% of
the net Emergency Medical Services Transport Insurance
Reimbursement Program revenue must be allocated in the
annual operating budget resolution for the benefit of local
fire and rescue departments for:
8
9
10
11
12
13
14
15
16
17
ill
replacement or augmentation of apparatus owned
Qy
f!
local fire and rescue department;
18
19
20
21
(ii) facilities owned
Qy
f!
local fire and rescue
department;
(iii)
training for volunteers;
(iv) gear and equipment for volunteers;
(y)
administrative staff to support
f!
local fire and rescue
22
23
24
25
department;
(vi) volunteer recruitment and retention; and
(vii) volunteer stand-by support.
26
27
tID
As part of the Executive's operating budget submission,
the Fire Chief must transmit a plan for use of funds
@
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BILL
No. 7-13
28
29
30
31
32
33
34
35
36
37
38
designated for local fire and rescue departments. The plan
the Chief transmits must specify:
[(A)]
ill
the amount of this account the Chief recommends to
allocate to replace apparatus that is owned [and
staffed] by local fire and rescue departments in the
next fiscal year; and
[(B)] (ii)
the amount of this account to allocate to facilities,
training,
gear,
and
administrative
retention,
staff,
volunteer
standby
recruitment
volunteer
support, and equipment for volunteers.
*
Approved:
*
*
39
40
Nancy Navarro, President, County Council
Date
41
Approved:
42
Isiah Leggett, County Executive
Date
43
This is a correct copy o/Council action.
44
Linda M. Lauer, Clerk of the Council
Date
&
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LEGISLATIVE REQUEST REPORT
Expedited Bill 7-13
Emergency Medical Transportation
-
Use ofRevenue
-
Amendment
DESCRIPTION:
Requires the County's annual budget to allocate 15% of the net
revenues from the Emergency Medical Transport Insurance
Reimbursement Program to local fire and rescue departments.
The bill implements one component of an agreement between the
County and the Montgomery County Volunteer Fire and Rescue
Association (MCVFRA) regarding implementation of the Emergency
Medical Transport Insurance Reimbursement Program.
The 15% allocation established in the bill replaces language in
current law that requires the Council to make a determination each
year as to how much should be allocated to local fire and rescue
departments in the annual budget. Under the bill, the authorized uses
of this allocation are expanded to include: (1) replacement or
augmentation of apparatus owned by local fire and rescue
departments; (2) a facility owned by a local fire and rescue
department; (3) training for volunteers; (4) gear and equipment for
volunteers; (5) administrative staff to support a local fire and rescue
department; (6) volunteer recruitment and retention; and (7)
volunteer stand-by support.
Montgomery County Fire and Rescue Service
See Fiscal Impact Statement.
See Economic Impact Statement.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Michael Faden, Senior Legislative Attorney, 240-777-7905
Fire and Rescue Service operates County-wide.
Not applicable
F:\LA W\BILLS\I 307 EMT Use Of Revenue-Amendment\LRR.Doc
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{DILL
--
CC
~"a::
L,.L
I~.L)
071695
OFFICE OF THE COUNTY EXECUTIVE
ROCK ViLLE. MAKYLAND
211~50
;;',fnc.
Isiah Leggett
Counly
Executin!
MEMORANDUM
February 25,2013
'\
._~(J
....
... ",
...,
!
TO:
FROM:
SUBJECT:
Nancy Navarro, President, County Council
isiah Leggett, County
ExecutiV~!'~~(.""-'­
.J
.J
..-"' , , /
.. )
I
Proposed Legislation: Emergency Medical Transport Insurance Reimbursement
Program - Use of Revenue
I am transmitting for Council introduction a bill that requires the County's annual
budget to allocate 15% of the net revenues from the Emergency Medical Transport Insurance
Reimbursement Program to local fire and rescue departments. I am also transmitting a
Legislative Request Report, Fiscal Impact Statement and Economic Impact Statement for this
bill. In a separate package transmitted simultaneously, I am recommending a supplemental
appropriation to the FY13 Operating Budget of the Montgomery County Fire and Rescue Service
in the amount of $1 ,204,016 to fund the 15% allocation to the Montgomery County Volunteer
Fire Rescue Association (MCVFRA) in FY13.
The 15% allocation established in the bill replaces language in current law that
requires the Council to make a determination each year as to how much should be allocated to
local fire and rescue departments in the annual budget. Under the bill, the authorized uses of this
allocation are expanded to include: (I) replacement or augmentation of apparatus owned by
local fire and rescue departments; (2) a facility owned by a local fire and rescue
department~
(3)
training for volunteers; (4) gear and equipment for volunteers; (5) administrative staff to support
a local fire and rescue department; (6) volunteer recruitment and retention; and (7) volunteer
stand-by support.
The bill and supplemental appropriation implement one component of an
agreement between the County and the MCVFRA regarding implementation of the Emergency
Medical Transport Insurance Reimbursement Program. I am attaching a copy of that agreement.
If you have an'y questions about this bill, please contact Assistant Chief Administrative Officer
Kathleen Boucher at 240-777 -2593 or Fire Chief Richard Bowers at 240-777-2435.
Attachments (4)
montgomeryc:ountymd.gov/311
R311
.U.,ij;i"'.........
240-773-3556 TTY
®
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Fiscal Impact Statement
Bill xx-12 - Emergency Medical Transportation - Use of Revenue - Amendment
1. Legislative Summary
The amendment would allocate 15 percent of net revenues from the Emergency Medical
Services Transport Insurance Reimbursement Program to Local Fire and Rescue
Departments (LFRDs) and expands the pmposes for which a LFRD may expend the
revenue. The legislation results from the Memorandum of Understanding (MOU)
between the County and the Montgomery County Volunteer Fire Rescue Associatio.n
(M:CVFRA) regarding the use ofEMS reimbursement revenue.
The amendment would allow the LFRDs
to
allocate this funding to replace or augment
apparatus owned by the LFRDs, facilities, traUring, gear and equipment, administrative
staff, volunteer recruitment and retention, volunteer standby support, and equipment for
volunteers.
2.
An
estimate of changes in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
The amendment would have no impact on total EMS reimbursement revenues or
expenditures. But, because the bill allocates 15 percent ofnet revenues to the LFRDs, the
funding available for other eligible purposes would be reduced by 15 percent. The
amounts
that
would go to the LFRDs are shown below.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The
last
line on the chart shows the funding that would be set aside for the LFRDs:
FY13
FY14
FY15
FY16
FY17
FYIB
TOTAL
i
Revenue
I
!
$1,329,280
$1355,750
$16745,161
$2,511,774
i
~:P:.:r:.ooi~4ecti:.,::·:;:::on=s_---i-!
..::S,::z8,=55:;.:.7.1.::640...:.:..+-:
~$:.:1..:.l7~61:..:::9.1::,\6:.::.96:::......-·~$:.:1~8,~1OO~,9:.:..:..11+-'~$:.:1~8'!:::;162:.::8:.t::92;.:::.04.-:$~1:::c9,!.:.1,
=88:.c.3:.,::2::.,.9...:-!
----=$:.:1=..!9'~75:.::9.!::,9..:.:03;..i---=~
101,855,399
·
lmplementation
I
!
$1,030870
I
Costs
Available
i
$1,384,790
$17,244 130
$2,586,620
$1,415,560
I
$17,772,769
$2,665,915!
SI,44Q,990
$18,312,913
$2.746,9371
$7,963,240
$93892.159
$14,083
824
!
i
!
Revenue
I
$7526,770
i
$16,290416
!
i
!
I
LF~
Funding
I
$1.129 016
$2443,562
4. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not applicable.
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes
future spending.
The bill does not authorize future spending.
6.
An
estimate of the staff time needed to implement the bill.
While not specifically addressed in the legislation, the MOU with the MCVFRA specifies
that the distribution process would be similar to the Amoss grant process. The amount of
- Page 1 of2­
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work effort to ad.minister the payments to the LFRDs depends on how the
funds
are
distributed and the proposed use of the funds. While this cannot be known with
specificity at this time, MCFRS estimates it may require 0.50 FTE of work effort to
administer the payments to the LFRDs.
7. An explanation of how the addition of new staff responsibilities would affect other
duties.
See number 6 above.
8. An estimate of costs when an additional appropriation is needed.
An
additional appropriation
is
required to implement this legislation. The County
Executive has transmitted a supplemental appropriation request for $1,204,016 related to
this proposed legislation and to implement the MOU with the MCVFRA. MCFRS has
received approval from the Department ofHomeland Security (DHS), the grantiog
agency, to use the SAFER grant
funds
as intended,
which
will
free
up EMS
reimbursement revenue originally appropriated to provide a ladder
truck
in. the First
Battalion. The freed up revenue plus position lapse and previously unappropriated EMS
revenue will provide the
funding
needed for the supplemental appropriation.
9. A description of any variable that could affect revenue and cost estimates.
The LFRDs would receive 15 percent of net revenue collected by the EMS
reimbursement program.. The variables affecting the estimate are the same as those that
could affect gross revenues. which were listed
in
the FIS for the orlginallegislation: fee
rates charged, documentation to support billing, changes
in
Medicare and Medicaid
reimbursement rates and regulations, changes
in
private insurance market rates, the
number of transports performed annually by the FRS, changes
in
local health care costs,
and
the negotiated fee associated with third party billing.
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not applicable
11.
If
a bill
is
likely to have no fiscal impact, why that
is
the case.
Not applicable
12. Other fiscal impacts or comments.
Not applicable
13. The following contributed to and concurred with this analysis:
Dominic Del Pozzo, Department ofFire and Rescue Service
A:my
Wilson, Office of Management and Budget.
Date
.
- Page 20f2­
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Economic Impact Statement
Emergency Medical Transportation - Use
of
Revenues
Council Bill
XXR12
1. The sources
of
iDformation,
assumptions, and
methodologies
used.
Bm XX-l2E,
Emergency Medical Transportation - Use of Revenues would:
1)
establish
the percentage of revenue
to
be
allocated
for
the
benefit of the
local
fire
and
rescue
departments (LFRDs); and
2)
expand the purposes for
which
an
LFRD
may expend
emergency medical
transport revenue.
.
Based
on our review of
the
legislation we do not believe
the
legislation
will
have an
economic impact since
it
only regulates how Emergency Medical Services Transport
reimbursement revenue may
be used
but
does not result in a
~hange
in
the
total amount of
revenue generated.
2. A
description
of
au.y
variable
that
could
affect
economic impact estimates.
Not applicable
3. The bill's positive
or negative
effect,
if
any, on employment, spending, saving,
investment, incomes, and property values
in
the
County.
Not applicable
4.
If
a
bill
is
Jikely
to have no economic impact,
why
that
is
the
case.
Based on our review of the legislation we do not believe the legislation
will
have
an.
economic impact since
it
only regulates how Emergency, Medical Services Transport
reimbursement revenue may be used but does not
result
in
a change
in
the total amount
of
revenue generated.
5. The following contributed to a:nd
COIlcmred
with
this
analysis:
David Platt, Department of Finance, Michael Coveyou,
Department
of
Finance
Department of Fmance
1
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Amended
Memorandum of Understanding
Between The County Executive of
Montgomery County, Maryland
And the
Montgomery County Volunteer Fire Rescue Association
I.
Recitals
Whereas, the County Executive of Montgomery County, Maryland (the
"Executive") and the Montgomery County Volunteer Fire Rescue Association (the
"Association"), collectively referred to here in as the Parties, seek to improve
communication and promote cooperation between the Parties as a means of
enhancing the volunteer contribution to the County's combination volunteer-career
emergency fire and rescue service and ultimately improving such services for
residents of and visitors to the County; and
Whereas, the Parties·through good-faith discussion and negotiation have
identified specific measures to foster such communication and cooperation as
described herein; and
Whereas, the Parties intend and agree that the commitments and obligations
described in this Memorandum of Understanding ("MOU") are binding and
enforcea ble;
It is hereby agreed as follows:
II. Efforts to Ensure No Person Is Charged for EMS Transport
The parties agree to work together to seek a legal basis satisfactory to the
parties to achieve the policy goal that no person should receive from the County any
out-of-pocket bill for that portion of the emergency medical service transport
reimbursement charge that is not covered by the person's public or private
insurance.
III. Allocation of EMS Transport Fee
A. The Parties agree that a portion of the revenue EMS Transport Fee
program established in Legislative
Bill
17-12 (as may be amended from time to time
- this agreement is transferable to any amended law, policy or procedure involving
an EMS Transport Fee program) shall
be
allocated to strengthening the volunteer
component of the County's combination fire and rescue service.
B. The Executive agrees to propose an amendment for the Fiscal 2013
budget and in future annual budget submissions to the County Council that fifteen
percent (15%) of net EMS Transport Fee program revenue be provided to the Local
Fire and Rescue Departments (LFRD) for the purposes set forth in Section III.C of
this MOU. The Executive further agrees that such proposed increases will be
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supplemental to and not supplant the amount currently provided in the Montgomery
County Fire and Rescue Service (MCFRS) Fiscal 2013 budget.
C. The Parties agree that the funds provided in this Section may be used for
the following purposes: LFRD-owned facilities, apparatus, and equipment; supplies;
training; volunteer recruitment and retention; stand-by support; and administrative
personnel. The Parties further agree that such funds may not be used for any other
purpose, including but not limited to fundraising, political activities or lobbying
activities. Parties agree to jointly propose amending the current law to allow for
funds to also be used for facilities and hiring administrative personnel.
D. The Parties agree that the funds provided in this Section shall be
disbursed to the Association and allocated among the LFRDs in a manner similar to
that used to allocate funds to the LFRDs under the state's Section
508
AMOSS
Grant Funds and follow the Montgomery County Fire and Rescue Service Policy 03­
07
AM procedures for the allocation process but not the internal Montgomery County
departmental administrative review and sign off for the distribution of the funds.
E.
If an LFRD requests EMS reimbursement funds for apparatus replacement
or augmentation, the LFRD must submit to the Fire Chief a volunteer staffing plan for
the apparatus unless a volunteer staffing plan for the apparatus already exists. The
Fire Chief and MCVFRA President will review and consider each request following
the approval process for use of EMS reimbursement funds set out in paragraph D.,
above.
The Executive also agrees to support legislation that would codify the
allocation described in Section
III.B
and C of this MOU in County law.
F.
IV. Development
and
Implementation of Fire/Rescue Policy
A.
On or about January 1 of each year, the Fire Chief would propose and
submit to the Association a list of issues on which he plans to develop a new policy,
regulation or general order during that year. The Fire Chief shall solicit input from the
LFRDs through the Association prior to the submission of the list. The Fire Chief
agrees to refrain from proposing new pOlicies, regulations or general orders not on
the list absent exigent or extenuating circumstances. The Association, working with
the LFRDs, agrees to use the opportunities created by this process to provide
substantive and timely input to the Fire Chief to foster more effective planning and
analysis in the policy formulation and development process.
B. To further promote communication and cooperation in the policy
formulation and development process, the Fire Chief shall (absent exigent or
extenuating circumstances) provide the Association with advanced notice and copies
of draft policies, regulations and general orders at least 45 days in advance of formal
publication for notice and comment.
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C. The Fire Chief shall create and maintain County-Volunteer Working
Groups to assist in policy formulation and development, and it is the intent of the
Parties that to the maximum extent possible future policies, regulations and general
orders would be formulated and developed through these joint Working Groups. The
volunteer members of such Working Groups shall be appointed by the Association
President. The Fire Chief shall create such Working Groups for the following areas:
Apparatus and Vehicles, Equipment, Facilities, EMS, Training, and Operations.
V.
Areas for Bargaining Between the County and Association
A
The Parties agree that the following issues are subject to bargaining
under the collective bargaining agreement between the County and
the Association pursuant to Section 21-6 of the Montgomery County
Code:
use of vehicles titled to the LFRDs;
use of buildings and facilities owned by the LFRDs;
staffing of apparatus with volunteer personnel;
grants submitted by LFRDs to governmental organizations or private
entities;
and
physical and other requirements for volunteer chief and operational
officers.
B. The Parties agree to begin discussions promptly on the issues in this
Section with the goal of reaching agreements without the need for formal bargaining.
If agreement cannot be reached between the Parties in a reasonable timeframe, the
Parties agree to enter into formal bargaining on the issues unresolved in the above
on the normal bargaining schedule.
VI. Miscellaneous Provisions
A
If any provision of this MOU is deemed by a court to be unlawful, the
remaining provisions shall remain in full force and effect.
B. The Parties agree to a one-time-only (OTO) supplementation to the
MCVFRA of $75,000 in FY13 in accordance with our collectively bargained
agreement.
rcine D. Goodloe, resident
ontgomery County Volunteer
Fire and Rescue Association
Date:
Jl-/S-~
@)
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Amendment 1
To Bill 7-13, Emergency Medical Transportation - Use of Revenue - Amendment
By: County Executive
PURPOSE: further clarify the uses of Emergency Medical Services Transport Insurance
Reimbursement Program revenue, and specify the status of certain employees
hired using this revenue.
On
©2-3,
amend lines
26-37
asfollows:
(B)
[[As part of the Executive's operating budget submission, the Fire
Chief must transmit a plan for use of funds designated for local fire
and rescue departments.
specify:
The plan the Chief transmits must
[(A)]
ill
the amount of this account the Chief recommends to
allocate to replace apparatus that is owned [and staffed] by
local fire and rescue departments in the next fiscal year;
and
@
[(B)]
the amount of this account to allocate to facilities, training,
gear, administrative staff, volunteer recruitment and
retention, volunteer standby support, and equipment for
volunteers.]]
Any administrative staff hired or retained by a local fire and rescue
department using revenlle allocated under this Section
is
not a
County employee or a member of the se:parate merit system
referred to in Section 21-16Ca).
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Amendment 2
To Bill 7-13, Emergency Medical Transportation - Use of Revenue - Amendment
By:
Public
Safety Committee
PURPOSE: to further clarify the process to allocate certain Emergency Medical Services
Transport Insurance Reimbursement Program revenue.
On
©2,
amend lines
7-15
as/ollows:
(3)
[A percentage of this account, which the Council must specify
annually in the operating budget resolution, must be used to
replace or augment apparatus owned and staffed by local fire and
rescue departments and training, gear, and equipment for local fire
and rescue departments.] 15% of the net Emergency Medical
Services Transport Insurance Reimbursement Program revenue
must be allocated under a procedure specified in the annual
operating budget resolution for the benefit of local fire and rescue
departments for:
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Budget resolution language:
As required by County Code §21-23A(h)(3)(A), the County Fire and Rescue Service
(MCFRS) must use the following procedure to allocate for the benefit of local fire and rescue
departments (LFRD's) 15% of the net Emergency Medical Services Transport (EMST)
Insurance Reimbursement Program revenue (after deducting costs of implementing the
Reimbursement Program) appropriated in this resolution for the purposes authorized in §21­
23A(h)(3)(A):
(a) Each LFRD may apply for funds under an application process conducted by the
Montgomery County Volunteer Fire and Rescue Association (MCVFRA). MCVFRA
must forward the results of that process to the Fire Chief by a date set by the Fire
Chief. The Fire Chief must approve the final allocation for each LFRD and project.
(b) By October 15,2013, MCFRS must distribute to LFRD's 15% of the actual amount
of revenue received in the restricted EMST Reimbursement account attributable to
FY13 (after deducting EMST Reimbursement Program implementation costs), as
calculated by the Department of Finance following year-end audit requirements.
(c) By April 15, 2014, MCFRS must distribute 15% of the actual amount of revenue
received in the restricted EMST Reimbursement account attributable to FY 14 from
July 1,2013 to December 31, 2013 (after deducting EMST Reimbursement Program
implementation costs), as calculated by the Department of Finance after a mid-year
reconciliation of the funds in the account.
(d) Any funds distributed under this procedure must be spent or encumbered by each
LFRD to which funds are assigned no later than one calendar year after the last date
funds are distributed(respectively, October 15,2014 or April 15,2015). Any funds
that an LFRD does not encumber or spend by these dates automatically revert to
MCFRS on October 15, 2014 or April 15, 2015 respectively. The Fire Chief must
reallocate any funds reverted under this provision, consistent with §21-23A and other
applicable State and County laws, regulations, policies, and guidelines.
The Fire Chief must report to the Council not later than October 15, 2013 and April 15,
2014: the total amount of funds in the restricted account; the total amount to be distributed to the
LFRD's; each project and LFRD allocation; and the amounts distributed to and spent or
encumbered by each LFRD to date, by project and fiscal year.
Any EMST Reimbursement Revenue attributable to FY14 that is not spent or
encumbered by MCFRS by June 30, 2014, must remain in the restricted account and must not be
spent unless reappropriated for a use allowed under County Code §21-23A.
F:\LAw\BILLS\1307 EMT Use Of Revenue-Amendment\Budget Resolution Language.Doc
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Amoss Fund Process
1. The LFRDs apply to the Amoss Fund Committee for Amoss funds that the County
will distribute in the upcoming fiscal year
2. The committee reviews the LFRDs' requests and makes recommendations to the
MCVFRA's Board of Directors
3. The committee notifies the LFRDs in writing of the board's decisions
4. LFRDs may appeal the board's decisions
5. The MCVFRA board submits [mal allocation recommendations to the Fire Chief
6. MCFRS personnel review requests that impact their areas of responsibility
7. The Fire Chief and MCVFRA President work through any differences
8. The Fire Chiefs recommendations for allocations are transmitted to the County
Executive and County Council
9. After County Council appropriates the funds, each LFRD signs an agreement with the
county that stipulates how the funding allocated to that LFRD will be used
10. The County transmits the Amoss funds to the LFRDs
11. LFRDs may amend their agreements with the approval of MCFRS and MCVFRA
12. MCFRS tracks the expenditure of Amoss funds and is required to send a detailed
report to the state by December 31
st
each year that shows unexpended funds as of June
30
th
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POLICY AND PROCEDURE
Montgomery County
Fire and Rescue Service
TITLE
No.
03-07AM
DATE
05/1106
PROCEDURES FOR REQUESTS FROM STATE OF
MARYLAND SEN. WILLIAM H. AMOSS FIRE, RESCUE,
AND AMBULANCE FUND
Page 1 of6
MONTGOMERY COUNTY FIRE AND RESCUE SERVICE POLICY
PROCEDURES FOR REQUESTS FROM STATE OF MARYLAND
SEN. WILLIAM H. AMOSS FIRE, RESCUE, AND AMBULANCE FUND
FOR USE BY THE LOCAL FIRE DEPARTMENTS
AND RESCUE SQUADS
Issued by: MONTGOMERY COUNTY FIRE AND RESCUE SERVICE
Policy No. 03-07 AM
Supersedes Policy No. 03-07
Authority: State of Maryland Article 38A, Section 45A-45D.;Montgomery County
Code
Section
.
21-2.(d)(2).; Hillandale vs. Montgomery County - Civil Case No. 24222.
Effective Date: May 1, 2006
SUMMARY:
This policy amends the procedure facilitating the State of Maryland, Senator
William H. Amoss Fund provided to the Local Fire and Rescue Departments·
(LFRDs) of Montgomery County, Maryland to ensure properly meeting the
State's reporting requirements.
Sec. 1. Purpose: To establish a procedure for facilitating the application, allocation. and
reporting process, as authorized by the State of Maryland, to provide Montgomery
County's LFRDs with funding from the Senator William H. Amoss Fund.
Sec. 2. Applicability: This policy applies to the Montgomery County Fire and Rescue Service
in the financial matters related to the Amoss Fund, and to all Montgomery County Local
Fire and Rescue Dep<;irtments that are the sole recipients of this fund.
Sec. 3. Requirements: The State of Maryland's criteria to receive, or distribute monies, and
provide reports regarding the use of the Amoss Fund, must be adhered to in order to
receive funding under Maryland
Code,
Public Safety, Title 8, Senator William H. Amoss
Fire, Rescue, and Ambulance Fund.
Sec. 4. Definitions.
a.
..
'.,
Amoss Fund. (Senator William H. Amoss Fire, Rescue and Ambulance Fund). The
State of Maryland grants funds as part of an established State aid program for the local
fire and rescue departments of the State of Maryland. These non-County tax funds are
distributed through a procedure established by the State .
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POLICY AND PROCEDURE
Montgomery County
Fire and Rescue Service
TITLE
No.
. DATE
03-07AM
05/1/06
PROCEDURES FOR REQUESTS FROM STATE OF
MARYLAND SEN. WILLIAM H. AMOSS FIRE, RESCUE,
AND AMBULANCE FUND
Page 2 of6
b.
Amoss Fund Committee ("Committee"). The committee established by consent
agreement by the Montgomery County Volunteer Fire Rescue Association (MCVFRA)
as the authorized body to which all Local Fire and Rescue Departments (LFRDs)
submit their requests for receipt of Sen. William H. Amoss Funds. The Amoss Fund
Committee is authorized to recommend approval of Amoss Funds for the LFRDs, in
accordance with this procedure.
Fire Chief. The MCFRS Fire Chief who is appointed by the County Executive under
Section 21-3 of the County Code, and serves as the Director of the Mohtgomery
County Fire and Rescue Service.
Fire and Rescue Commission (FRC). The Commission that consists of seven
members appointed by the County Executive, under Section 21-2 of the Montgomery
County
Code.
.
Local Fire and Rescue Department. An individual fire or rescue squad corporation,
authorized by Section 21-5 of the Montgomery County
Code
to provide fire and rescue
services.
Montgomery County Volunteer Fire Rescue Association, Inc. (MCVFRA). An
organization that represents the fire and rescue volunteers of Montgomery County, and
the Local Fire and Rescue Departments.
Settlement Agreement. Stipulation of settlement from Hillandale Vol. Fire
Department, Inc. et aI., vs. Montgomery County, Maryland, et al.. Civil Action 24222,
Circuit Court for Montgomery County, Maryland.·
c.
d.
e.
f.
g.
Sec. 5. Procedure.
a.
The FRC may recommend MCFRS system-wide priorities: to improve the efficiency
and effectiveness of fire, rescue, and emergency medical services; to enhance the ­
delivery of those services; to implement or demonstrate new or innovative service or
delivery concepts; to improve training and operational readiness and capability; and to
achieve strategic objectives. These priorities are recommended as guidelines.
The Amoss Fund Committee wil.l provide notification to the LFRDs regarding
timeframes and application instructions for requesting funds. The LFRDs' applications
to the Amoss Fund Committee must include justification for the items requested, as
well as a status report of expenditures for the previous years' allocation, an explanation
b.
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POLICY AND PROCEDURE
Montgomery County
Fire and Rescue Service
TITLE
No.
DATE
03-07AM
05/1/06
PROCEDURES FOR REQUESTS FROM STATE OF
MARYLAND SEN. WILLIAM H. AMOSS FIRE, RESCUE,
AND AMBULANCE FUND
Page 3 of6
for any unspent Amoss Funds from prior years, and any other documentation that
may be requested by the Committee.
c.
The LFRDs will prepare a list of resource requests, by priority, for submission to the
MCVFRA. These submissions will be made according to the directions anddeadlines
set by the MCVFRA.
.
Under the authority of MCVFRA's President and its Board of Directors, the Amoss
Fund Committee will annually receive and review the LFRDs' requests for Amoss­
funded projects for compliance with State and County laws. The Committee will make
recommendations for allocation of requested funds submitted by the LFRDs to the
MCVFRA Board of Directors for its final approval. After MCVFRA Board approvalj the
Committee will then notify the LFRDs, in writing, of MCVFRA's Board of Directors.
recommended allocations to be submitted to the Fire Chief. The LFRDs may appeal
the amount of recommended allocated funds for its projects to the MCVFRA's Board of
Directors, in accordance with MCVFRA's established procedures. At the conclusion of
the appeal process, the Amoss Fund Committee will submit its final
recommendations to the MCVFRA Board of Directors, which will then forward the
recommendations to the Fire Chief. MCVFRA's President will work directly with the
Fire Chief on any questions or concerns regarding the Amoss Fund requests.
The LFRDs may submit, or may be required to submit, additional information to
MCVFRA's Presiden"t or to the Fire Chief to support their requests for Amoss Funds.
The Fire Chief will receive and respond to the MCVFRA President's recommendations
on the Amoss Funds ina timely manner. Any differences between the MCVFRA's
Amoss Fund requests and those of the Fire Chief
will
be settled by the MCVFRA
President and the Fire Chief. The Fire Chief's recommendations for the annual
Amoss Fund allocations, with comments from the FRC and the MCVFRA, are
transmitted to the County Executive and County Council. The County Executive
considers the recommendations, and then submits the annual Amoss Fund allocation
recommendations to the County Council for its approval and appropriation. "
Amoss Funds will be used by the LFRDs as an addition to, and will not be substituted
for, money appropriated or required by MCFRS for fire and rescue service protection.
According to Maryland
Code,
Public Safety Title 8, Amoss Funds must not be used
for:
d.
e.
f.
g.
h.
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POLICY AND PROCEDURE
Montgomery County
Fire and Rescue Service
TITLE
No.
DATE
03-07AM
05/1/06
PROCEDURES FOR REQUESTS FROM STATE OF
MARYLAND SEN. WILLIAM H. AMOSS FIRE, RESCUE,
AND AMBULANCE FUND
.
Page 4 of6
1.
2.
administrative costs;
compensation or fringe benefits for employees .or members of the County
government, or fire and ambulance companies;
expenses for travel or meals:
fuel, utility, or routine maintenance costs of facilities or apparatus;
acquiring new or replacement fire hydrants, water mains, or emergency alarm
systems not installed at a fire, rescue, or ambulance facility;
insurance;
fundraising activities;
refinancing any debt or other obligation incurred before July 1, 1985;
replacing or repairing eligible items to the extent that insurance proceeds are
available;
.
costs associated with the "911" emergency telephone system;
land or interests in land; and
any other items determined by the State to be ineligible.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
i.
According to Maryland
Code,
Public Safety, Title 8, Amoss Funds may be used only
for:
1.
2.
acquiring or rehabilitating fire or rescue equipment, including ambulances;
acquiring or rehabilitating capital equipment used in connection with fire or
rescue equipment; and
rehabilitating facilities used primarily to house firefighting equipment,
ambulances, and rescue vehicles.
3.
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®
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POLICY AND PROCEDURE
Montgomery County
Fire and Rescue Service
mLE
No. 03-07AM
DATE
05/1/06
PROCEDURES FOR REQUESTS FROM STATE OF
MARYLAND SEN. WILLIAM H. AMOSS FIRE, RESCUE,
AND AMBULANCE FUND
Page 5 of6
j.
The Fire
Chi~f
will prepare and transmit grant agreements to the LFRDs within forty­
five workdays of receiving the County Council's approved appropriation resolution for
the Amoss Funds.
Upon County certification, any reports required by the State will be provided to
MCVFRA's President in a timely manner. However, the County will submit all Amoss
Fund reports to the State of Maryland in the required time frame established by the
State.
Official correspondence received or sent by the County, relating to the annual
allocations of distribution of State Amoss Funds, will be provided to MCVFRA's
President in a timely manner.
.
The MCVFRA and Amoss Fund Committee intend that the Amoss Funds approved
by the County Council and cJistributed to the LFRDs are to be expended within 12
months of distribution to the-LFRD, unless the distribution is related to a defined long­
term project, or an extension or amendment is requested by the LFRD, and
recommended by the MCVFRA Board of Directors and approved by the Fire Chief.
All items purchased with Amoss Funds become -the sole property of the LFRD.
All items purchased with Amoss Funds will be titled in accordance with the
settlement agreement.
k.
I.
m.
n.
o.
Sec. 6. Responsibilities ..
a.
The LFRDs must provide complete and accurate information to the Amoss Fund
Committee, along with any other information the Committee requests, to facilitate the
appropriate distribution of funds.
The Fire Chief must ensure the timely distribution of funds.
The Amoss Fund Committee must provide the MCVFRA, the Fire Chief, and the
LFRDs, with all related information on the Amoss Fund.
b.
c.
Sec. 7. Enforcement. The Chief Administrative Officer or designee must verify that the
disposition of Amoss Funds to the LFRDs complies with the requirements established
by the State of Maryland and this procedure.
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POLICY AND PROCEDURE
Montgomery County
Fire and Rescue Service
TITLE
No.
03-07AM
DATE
0511106
PROCEDURES FOR REQUESTS FROM STATE OF
MARYLAND SEN. WILLIAM H. AMOSS FIRE, RESCUE,
AND AMBULANCE FUND
Page 6 of6
Sec. 8. Effective Date. This policy is effective on May 1 2006.
J
Attest:
Signature on Original Document
Thomas W. Carr, Jr., Chief
Montgomery County Fire and Rescue Service
May 1, 2006
Date
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