In order to preserve the public health, safety, and welfare and in accordance with the laws and regulations of the state and pursuant to I.C. 16-31-5 et seq. a Culver-Union Township Emergency Medical Service Department is hereby established to replace the previous not-for-profit, volunteer organization and which new department shall administer, operate, manage, and maintain ambulances and provide emergency medical services for the town and Union Township as provided.
   (A)   (1)   This section shall be known as the “Culver-Union Township Emergency Medical Services Ordinance.”
      (2)   The purpose of this section is to establish a CUTEMS Department and to adopt formal policies and regulations for the operation of a ground ambulance service in the Town of Culver and in Union Township, Marshall County, Indiana. This section it to protect the public by assuring tat ambulances are operated safely and meet certain minimal levels and standards of equipment, staffing, and medical reliability.
   (B)   (1)   The Director of the Culver-Union Township Emergency Medical Services (CUTEMS) shall be appointed by the town and shall make necessary and reasonable policies, procedures, and/or protocols for the effective and reasonable administration of this section. These policies, procedures, and/or protocols shall be set out in a separate manual of standard operating procedures adopted by the town in cooperation with the department and revised from time to time as necessary.
      (2)   The Director of CUTEMS shall report to the Town Manager of the town unless in the absence of the Town Manager, the Director shall report to the Town Council.
      (3)   Director: the primary function of the Director position will be to provide supervisory and coordination of the activities of the CUTEMS. The Director’s duties will include supervision of all emergency medical services employees and of all volunteer emergency service personnel. The Director will report to the Town Council at Town Council meetings if requested.
      (4)   The minimum qualifications for the Director shall include:
         (a)   A high school diploma, GED or equivalent certificate of competency.
         (b)   A minimum of three years experience in emergency medicine and demonstrated above-average competency with advanced and basic life support skills.
         (c)   A valid paramedic license (NREMT or State of Indiana).
         (d)   Current American Heart Association Healthcare Provider CPR card.
         (e)   Current American Health Association ACLS card.
         (f)   Emergency vehicle operator certification.
         (g)   National Incident Management System (NIMS) ICS 100, 200, 300, 700, and 800.
         (h)   A valid Indiana driver’s license with full disclosure of any traffic violations provided as they occur and upon request.
         (i)   Communications with the ability to effectively communicate in written, oral and one-on-one forms to personnel, municipal and township officials and to the Culver Town Manager.
         (j)   Leadership and management abilities to exercise sound judgment and initiative in making decisions to effectively meet desired performance requirements of this position.
         (k)   Customer service ability to deal tactfully, courteously, and firmly with the general public.
         (l)   Computer and math skills in order to generate the necessary reports and statistics as requested.
         (m)   Other qualifications as may be determined.
   (C)   (1)   The town and township may levy  taxes under and limited by I.C. 6-3.5 and expend appropriated funds to pay the costs and expenses of establishing, operating, or maintaining emergency medical services. Further, the town, township, or CUTEMS department may apply for, receive and accept gifts, bequests, grants and aid, state Federal, and local aid and other forms of financial assistance for the support of emergency medical services.
      (2)   CUTEMS shall establish and provide for the collection of reasonable fees for emergency ambulance services. Culver has established the fees and charges for emergency medical services by section. The current rates and charges are reflected in Ord. 2015-005. A copy of Ord. 2015-005, EMS rates, is attached thereto as Appendix A, and hereby adopted by reference as if set out here in full.
      (3)   CUTEMS shall make sure that all emergency medical services personnel shall be properly certified with the Emergency Medical Services Commission of the state and shall follow the standards of operating procedure adopted by the Department. Culver has approved of the standards of operating procedure for the Department. A copy of the ratified standards of operating procedure are attached to Ord. 2015-005 as Appendix B, and hereby adopted by reference as if set out here in full.
   (D)   (1)   The town and the township agree to jointly split any and all costs for the operation of CUTEMS as part of a new inter-governmental agreement approved separately and attached to Ord. 2015-005 as Appendix C, and hereby adopted by reference as if set out here in full. It is understood and agreed that the town shall be solely responsible for the financial operation of said department on a daily basis and shall perform any and all fiscal agent responsibilities relative to the operation of said department, including but not necessarily limited to, billing for all services rendered, making proper account of any monies coming into the hands of the town relating to the Emergency Medical Services Department, and other matters related thereto. The town further agrees to provide township with a full and complete accounting of all income and expenses, said accounting to be provided at least semi-annually.
      (2)   The township shall pay the town one-half of the total costs within 30 days after township receives a tax draw, which at the present time is twice per year. New equipment purchases shall be mutually agreed to in advance and the town and township shall share the costs of said equipment equally with the equipment to be titled in the name of the town.
   (E)   (1)   The town and township agree that they shall maintain sufficient ambulances, operational procedures and personnel, with valid certifications and licenses to meet performance standards and shall follow the Indiana Emergency Medical Service Commission Policies. The CUTEMS Director shall be responsible for the hiring of personnel that will be in compliance with state regulations for providing emergency medical services and for seeing to it that the ambulances are in compliance with the state regulations.
      (2)   The Director shall require all CUTEMS personnel to follow and comply with all standard operating procedures. Further, the service charge and rates to those utilizing CUTEMS services shall pay the fees and charges as established by CUTEMS in accordance with the rules and regulations for establishing such rates.
      (3)   Emergency medical services have historically been provided to the town and township by volunteers. Thus, the Director shall allow non-certified personnel to be included in the department but said personnel will be required to meet and comply with qualifications in order to function as part of the Department. Such qualifications could include CPR and emergency vehicle operations courses (EVOC). CUTEMS shall continue to combine services of certified and non-certified personnel, paid and volunteer personnel, and all personnel shall be fairly used for services according to their certifications and qualifications (all personnel shall comply with the standards of operating procedure).
   (F)   (1)   Any employee of CUTEMS or any user of emergency services provided by CUTEMS may file written comments or file a written complaint with the Director which sets forth the concerns and allegations that are the basis for the complaint, whether it be employee relations, services provided, or other matters related to the department. Upon receipt of written comment or complaint, the Director shall conduct an investigation as to be determined by the Director. If allegations are found to be valid, the Director shall take actions to rectify or secure compliance in accordance with established ambulance regulations or in accordance with the town's employee policies (and/or handbook) and make written documentation thereof as appropriate. The Director may do all things necessary to protect the integrity of the ambulance service.
      (2)   If an employee or user of ambulance services is dissatisfied with any of the actions taken by the Director, they may request a review of the Director's determination by the Town Council by a process determined by the Town Council. The request for a review and/ or hearing must be filed within 30 days after the determination of the Director. Notice of the review by the Town Council shall be provided to all appropriate parties. If a hearing is conducted, it shall be conducted by a process established by the Town Council depending upon whether the matter is from an employee so that town polices need to be included in the review or by a user of the services so as to determine whether the services provided were appropriate. It may be necessary to keep certain investigations and hearings confidential so as to not breach other laws that require confidentiality.
      (3)   At the conclusion of the investigation, review, hearing, or other by the Town Council, the town shall prepare a written determination of the issues presented and the proposed findings and provide the same to the relevant parties.
(Ord. 2015-012, passed 8-11-2015)