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CITY OF COLTON <br />AGENDA REPORT <br />For Council Meeting of <br />MARCH 16, 1993 <br />TO: Honorable Mayor and City Council r: <br />FROM: DAVID G. HALL, Fire Chief w <br />SUBJECT: RESOLUTION PETITIONING COUNTY BOARD OF Date: 3/8/93 <br />SUPERVISORS NOT TO APPEAL THE DECISION IN EMS LAWSUIT <br />BACKGROUND: <br />The County of San Bernardino recently brought an action <br />against the City of San Bernardino challenging the City's <br />refusal to abide by County regulations regarding the <br />provision of ambulance services. The County contended that <br />the Emergency Medical Services Act gave the County full <br />authority to regulate all ambulance services within the <br />County regardless of whether such services were provided by a <br />City or by private providers under contract with the County. <br />Both parties sought summary judgement, and the court entered <br />a ruling in favor of the City of San Bernardino. The court <br />ruled that the County has no jurisdiction over the provisions <br />of ambulance services by a city within that city's <br />boundaries. <br />DISCUSSION: <br />The ruling by Riverside Superior Court Judge Michael Kaiser <br />in the lawsuit, clarified California Health and Safety Code <br />Section 1797, recognizing the County Emergency Medical <br />Authority's role in medical control and quality assurance <br />matters, and the exclusive right and authority of the local <br />government to deliver emergency medical services in the <br />manner they deem appropriate. <br />For all of the reasons given in the attached resolution, the <br />San Bernardino County Fire Chief's Association, at its <br />February meeting, passed a motion to seek resolutions from <br />the governing council or board of each City and Fire District <br />in the County, petitioning the County Board of Supervisor's <br />not to appeal the ruling by Riverside Superior Court Judge <br />Michael Kaiser. <br />This "Friendly Lawsuit", brought by the County of San <br />Bernardino to settle the issue, by an impartial third party, <br />has been adjudicated in Superior Court rendering an impartial <br />interpretation of the law in question. <br />Attachments: <br />Page 1 of___ Item No. <br />