[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 12-16-2003 by Ord. No. 1250. Amendments noted where
applicable.]
The Mayor and Council of the Borough of Emerson
deem it vital to the public interest to continue the operation of
the Emerson Volunteer Ambulance Corps, Inc., and the services which
it renders to the residents of the Borough of Emerson and the benefits
it provides for the general health, safety and welfare of the community.
The Ambulance Corps shall respond to emergencies
and, when called upon, render ambulance and first aid service in accordance
with this chapter and all applicable federal and state statutes, rules
and regulations and in accordance with all bylaws and regulations
established by the Ambulance Corps, as permitted hereunder.
The Emerson Volunteer Ambulance Corps, referred
to herein as the "Ambulance Corps," which has previously been established
and created to provide emergency services within the territorial limits
of the Borough of Emerson, shall continue operating, and all bylaws
and regulations adopted by the Ambulance Corps or the Emerson Mayor
and Council previously shall remain in full force and effect, unless
amended, modified or contradicted by this chapter.
A.
The interim First Aid and Emergency Services Commissioner,
who has previously been appointed by the Emerson Mayor and Council
to act at their direction until such time as the Ambulance Corps has
been reorganized pursuant to the requirements of this chapter, shall,
as soon as practical after the adoption of this chapter, arrange for
the conduct of an election for new officers, all in accordance with
the requirements of this chapter.
B.
Any individual who has been a member in good standing
of the Corps during the five-year period prior to the adoption of
this chapter shall be permitted to vote in said election. At least
10 days prior to said election, the Corps shall make a good faith
effort to send a notice of said election indicating the place and
time to any individuals who have at any time during the prior five-year
period been a member in good standing of the Corps.
[Amended 4-27-2004 by Ord. No. 1261]
C.
At least five days prior to said election, any individual
seeking the position of an officer shall provide his or her name to
the interim Commissioner. All names presented shall be on the ballot,
and the winner shall be the individual receiving the most votes. In
the event of a tie, there shall be a runoff election between the individuals
who have tied, said election to take place at a time and place set
by the interim Commissioner.
The Mayor shall appoint a committee, referred
to as the "Ambulance Committee," consisting of the Council Liaison
to the Ambulance Corps, the Assistant Council Liaison to the Ambulance
Corps and the Mayor. The Liaison to the Ambulance Corps shall act
as a liaison between the Ambulance Corps and the Mayor and Council,
and shall perform any duty and exercise any powers given to him or
her by the terms of the chapter. The Ambulance Corps and its members
and officers shall be responsible to report to the Ambulance Committee
all of their activities and provide any information requested by the
Ambulance Committee.
The Emerson Mayor and Council shall provide
to the Ambulance Corps certain rescue apparatus, equipment and the
use of certain facilities. It shall be the responsibility of the Ambulance
Corps to maintain this equipment, apparatus and facilities to the
extent directed to do so by the Emerson Mayor and Council, and the
Ambulance Corps shall provide periodic reports to the Emerson Mayor
and Council regarding these apparatus, equipment and facilities. Continued
use of this equipment, apparatus and facilities shall be within the
sole discretion of the Emerson Mayor and Council and shall only continue
for as long as the Emerson Mayor and Council believe that said equipment,
apparatus and facilities is being used properly and in accordance
with the requirements of this chapter.
[Amended 12-3-2013 by Ord. No. 1469]
A.
All members
must fulfill the membership requirements as established in the constitution
and bylaws of the Ambulance Corps, successfully complete a police
background check and must meet all of the qualifications and requirements
established by this chapter.
B.
Where an
applicant has been rejected by the Corps, the applicant can appeal
to the Ambulance Committee within 10 days of said rejection, and when
the Committee concludes after an appropriate hearing that the rejection
was arbitrary, capricious or unreasonable, the Committee may direct
that the application be accepted.
C.
All new members
must be approved by the Emerson Mayor and Council.
D.
All unsuccessful,
first-time applicants may reapply for membership one year from the
date of receipt of his or her denial letter from either the Ambulance
Corps Executive Committee or the Ambulance Committee of the governing
body, whichever shall be the latter. An applicant that receives a
denial letter for two consecutive years may not reapply for membership
for 10 years from the date of receipt of his or her denial letter
from either the Ambulance Corps Executive Committee or the Ambulance
Committee of the governing body, whichever shall be the latter.
[Amended 6-9-2015 by Ord.
No. 1501-15]
All members, except junior members, must be
citizens of the United States and be 18 years of age or older. A minimum
of 75% of the members eligible to vote must reside in the Borough
of Emerson.
A.
Business officers. Business officers shall consist
of the President, Vice President, Secretary and Treasurer. Business
officers shall be responsible for all activities of the Ambulance
Corps, including maintenance of equipment, expenditure of funds and fund-raising,
except that they shall not be responsible for those activities directly
related to the providing of first aid or emergency services, responsibility
for which shall be limited to the line officers. All business officers
must be residents of the Borough of Emerson, with the exception of
the Secretary, and shall be elected in accordance with the constitution
and bylaws of the Ambulance Corps.
B.
Line officers. Line officers of the Ambulance Corps
shall consist of Captain, First Lieutenant, Second Lieutenant and
Third Lieutenant. The number of said officers, the election of said
officers, the appointment of said officers and the duties of said
officers shall be as established by the constitution and bylaws of
the Ambulance Corps. The Captain shall be required to be a resident
of the Borough of Emerson.
A.
The election of officers shall take place as soon
as practical after the adoption of this chapter. Thereafter, the election
of officers of the Corps shall take place at the November meeting
of the Corps by closed ballot, with no proxy voting permitted, and
election to any office shall be by a majority of the votes cast for
that office.
B.
The officers so elected shall enter upon the duties
of their offices on the first day of January following their election
and shall serve for a period of one year and until their successors
are elected and qualified.
C.
Officers may be elected to succeed themselves; provided,
however, that after an officer shall have served two consecutive full
terms in one office, such officer shall not be eligible to serve again
in that office until 12 months have passed, during which he/she shall
not have held that office. Exception to this stipulation shall be
that if no other member meets requirements of service or no other
member chooses to apply for the officer position, then the incumbent
may be reelected for another term subject to the approval of the Emerson
Mayor and Council. The maximum service restriction shall not apply
to the office of Secretary and/or Treasurer.
D.
In the event of a vacancy in any office, the unexpired
term shall be filled at the next regular meeting of the Corps, and
each member of the Corps shall receive written notification at least
48 hours in advance advising of the vacancy and stating that the same
shall be filled by election at such meeting. Elections to fill vacancies
shall be by ballot in the manner described above respecting the election
of officers at the annual election.
The powers and duties of officers shall be as
established by the constitution and bylaws of the Ambulance Corps.
Among the other duties assigned to the Captain, he or she shall report
at least monthly to the Ambulance Committee, providing any and all
information requested by said Committee related to the operation of
the Corps.
A.
The apparatus, equipment and funds of the Corps shall
be used only for the purposes for which the Corps is established,
including training purposes, and also including participation in parades
and official ceremonies when authorized by the Ambulance Committee.
B.
The members of the Corps shall be responsible for
the care and operation of the apparatus and equipment and shall observe
all Corps rules and regulations regarding such operation and care.
C.
No member of the Corps shall tamper with apparatus
or equipment, or fix or repair the same, unless so authorized by the
Captain or, in his absence, the First Lieutenant or, in the absence
of both the Captain and the First Lieutenant, the Second Lieutenant.
D.
The acquisition of any apparatus or equipment, the
making of any purchase or the entering into of any contract, the cost
or contract price of which, in whole or in part, is to be paid with
or out of public funds, shall be acquired, made or entered into only
in accordance with applicable law and the Borough's standard purchasing
procedures.
E.
The Ambulance Corps shall provide to the Emerson Mayor
and Council annually, or more frequently, if requested to do so, a
full report, audit and accounting of the status of all apparatus and
equipment and a complete income and expense statement showing all
funds received and expended during the period of the report.
A.
In the event that the Captain feels that the actions
of a member or members are in violation of the constitution, bylaws
or standard operating procedures, or consist of actions or activities
inappropriate for a member of the Ambulance Corps, the Captain may
impose what he feels is a reasonable penalty, up to and including
dismissal from the Corps. In the event that the penalty imposed by
the Captain is objected to by the member, the member may file an objection
with the Ambulance Committee. Said objection must be filed, in writing,
with the Ambulance Committee, a copy to the Captain and a copy to
the line officers within five days of notification to the disciplined
member of the Captain's decision. After a hearing, the Ambulance Committee
may reverse the decision of the Captain, modify the penalty or sustain
the Captain's decision. Written notice of the Committee's decision
must be provided within 15 days of the conclusion of the hearing.
Any penalty of suspension or expulsion from the Ambulance Corps must
be approved by the Emerson Mayor and Council.
B.
For the purposes of hearing and deciding any appeal
from the decision of the Captain, the Ambulance Committee shall include
the Mayor, the Council Liaison and the Assistant Council Liaison.
A majority vote of the Committee shall be required to reverse or modify
the decision of the Captain.
A.
Members of the Ambulance Corps shall adopt a constitution
and bylaws not inconsistent with the terms and provisions of this
chapter, which shall be subject to the approval of the Emerson Mayor
and Council. Copies of any duly adopted and approved constitution
or bylaws shall be filed with the Borough Clerk.
B.
The Emerson Mayor and Council reserve the right to
alter or amend the bylaws as it deems necessary.
Any officer in the Ambulance Corps may be removed
from office at any time by the Emerson Mayor and Council for neglect
of duty or other just cause after charges thereof have been made and
sustained, following a hearing before the Emerson Mayor and Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Within 90 days of the adoption of this chapter,
the Ambulance Corps shall provide to the Emerson Mayor and Council
a certified copy of its constitution and bylaws. At any time the constitution
and bylaws are amended, said amendments must be provided to the Emerson
Mayor and Council and approved by said Emerson Mayor and Council.
The Emerson Mayor and Council reserves the right to amend portions
of this chapter, even to the extent that they conflict with the constitution
and bylaws as adopted by the Ambulance Corps, and in such event the
constitution and/or bylaws shall be deemed amended in accordance with
any ordinance which contradicts or modifies them.
