3-2F-11: ENFORCEMENT, APPEALS AND PENALTIES:
A. Compliance Committee, Annual Review, And City Manager Determination: Compliance with the standards and requirements of this article shall be determined by a committee comprised of the city’s police chief, fire chief, dispatch communications manager, medical control doctor for dispatch, and attorney or their designees. Review for compliance with the standards and requirements of this article shall be on at least an annual basis, or as often as the committee determines is necessary to ensure compliance. The committee shall meet with each provider to review all information considered by the committee before making any recommendation. Any recommendation of the committee regarding compliance or noncompliance and any recommended penalties, along with supporting documentation, shall be made in writing to the city manager. The city manager shall make a determination in writing of compliance or noncompliance for each provider including, if needed, the imposition of any penalties.
B. Appeal: A provider may appeal in writing a determination of noncompliance or any penalty imposed by the city manager by filing the appeal with the city recorder within ten (10) business days of the determination of noncompliance or imposition of a penalty. The city manager shall hear the appeal of a provider within ten (10) business days of receipt of the appeal from the provider. The city manager shall issue a decision in writing within ten (10) business days of the appeal hearing with the provider.
A provider may appeal a noncompliance decision or the imposition of a penalty by the city manager to the mayor and council by filing a notice of appeal with the city recorder within ten (10) business days of the issue date of the decision of the city manager. The mayor and council shall hear the appeal of the provider within thirty (30) days of the receipt of the notice of appeal by the city recorder. The mayor and city council shall issue a determination in writing within thirty (30) days after the hearing. The decision of the mayor and council is final.
C. Penalties: Penalties for noncompliance may be one, or a combination of one or more, of the following:
1. Written warning with a written improvement plan which includes action items needed to comply with the standards and requirements of this section.
2. Probation period for up to twelve (12) months in addition to the written warning. Any violations by a provider within the probationary period may result in a recommendation for revocation of the ambulance services provider’s business license.
3. Revocation of the provider’s business license. (Ord. 2014-11-003, 11-13-2014)