4.a 2 Discussion on charging for Fire and EMS servicesCharging for calls
Question: Do you bill for calls of any nature?
Lake Elmo - We bill the $500.00 built into insurance policies for consumables at a structure fire. We also
bill for Haz-Mat.
Lower St. Croix Valley – Attached letter
Hugo - No
Stillwater - No. (Exception would be for a significant Haz Mat situation with a known party or a Wildland
fire with a known party.)
Bayport - Bayport Fire does bill for car Fires along the interstate, however we seldom get paid if the
insurance company does not send a check. We will only bill for excessive calls, which I do not
recall charging in the last four years. Charging for calls is a sticky subject.
Cottage Grove - We bill for gas lines struck with no locate being done prior. Larger Haz-mat incidents,
and certain things for accident responses i.e. extrication.
Oakdale - We do not charge for calls other than Ambulance transports.
Forest Lake - No, unless it is a criminal case.
Mahtomedi - We just bill for ambulance calls that we transport on, no fire or rescue calls.
Newport - We do not.
Woodbury - False fire alarms and EMS transport
False Alarm Police/Fire
· Residential 1-2 $.00
· Residential 3-7 $75.00
· Residential 8+ $100.00
· Commercial 1-2 $.00
· Commercial 3-7 $90.00
· Commercial 8+ $150.00
Concerns:
1. If people worry about being billed they may wait to call and create a situation that
will have a worse outcome.
2. Billing can be very costly to do and administer vs the payback/
3. If we bill for Medical calls we would want to consider that an ambulance service
would also be billing the patient since we do not transport. Do not want to double
bill anyone.
4. Most departments do not bill since residents are already paying for the service .
Medical response
Question: What medicals do you respond to?
Lake Elmo - Level 1, anytime a Mutual Aid ambulance is coming in or at the request of Lakeview.
Lower St. Croix Valley - All with a BLS ambulance
Hugo - Any Unresponsive or Unconscious patients, any lift assists, and any Rescues
Stillwater - Level I and II. We will respond to Level III upon request or if a mutual aid ambulance is
responding to our area.
Bayport - We response to Level 1 unless a Mutual Aid Ambulance is coming into our service area.
Cottage Grove - We respond to everything as we are the ambulance service provider.
Oakdale - Since we operate the Ambulance service in Oakdale we respond to ALL medicals.
Forest Lake - Full arrest (automatic page) or when requested by PD or ambulance. 20%-25% of
our calls. Ambulance based in Forest Lake.
Mahtomedi – All
Newport - We support Cottage Grove EMS on the following types of calls - All motor vehicle accidents,
full arrests/unresponsive, suicide attempts, lift assists, shootings, stabbings, electrocutions and industrial
accidents.
Woodbury - We provide ALS and BLS response/transport to medical calls. Fire does not respond
unless requested.
Concerns:
1. Any change to our response would put a lot of responsibility on the county
dispatch to ensure accuracy.
2. Ambulance response time will vary in our coverage area , from them arriving on
scene before us to us waiting 20 minutes
3. Our community expects us to provide this service.
4. The time spent on level 2 or 3 responses is very minimal.
5.
Fulltime Staff
Question: Do you have any full time or part time staff (more than on-call staff)?
Lake Elmo - 1-FT Chief, 1-PT Administrative Assistant/Firefighter (25 hrs./week), 2 - PT Firefighters in
the Station Sunday – Saturday, 6am – 6 pm, capped at 24 hrs./wk.
Lower St. Croix Valley - 1 Full time
Hugo - No
Stillwater - Currently we have 11.5 FTE’s. Chief, Deputy Chief/Fire Marshal, 3 Captains, 9
Firefighter/Engineers and a .5 Administrative Assistant. We are authorized for 30 paid-on-call but are
currently 10 short.
Bayport - We do not have any part-time or full time staff.
Cottage Grove - I have 14 full-time and 50 part-time/POC staff working duty crew 24/7
Oakdale - We currently have 10 FT staff and 34 POC. We are adding two more FT in 2018 and 2 in
2019.
Forest Lake - FT Chief, 2 FT Dual purpose employees. Building Dept./Fire Dept.
Mahtomedi - We currently staff a FT chief and 1 fire Marshall.
Newport - We are all paid-on-call.
Woodbury - We do have 12 full-time staff and 66 on-call.
We do allow POC staff to fill fire and EMS vacancies on the schedule. Some take regular
advantage of this opportunity.
Concerns:
1. Fire chief directs more staff than any other city department with the least amount
of salaries.
2. Managing volunteers is a harder task since this is not their primary job and they
may leave at any time.
3. The time required to complete job description duties is not feasible for someone
with a fulltime job.
Population 2016
Scandia 4,000
Lake Elmo 8,800
Lower St.Croix
Hugo 14,000
Stillwater 19,000
Bayport 3,000
Cottage Grove 36,000
Oakdale 28,000
Forest Lake 19,000
Mahtomedi 8,000
New Port 3,000
Woodbury 68,000
Marine 600
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 5/24/2016
Fire Department Management and Liability Issues Page 20
IV. Managing city fire department finances
Since fire departments are a department of the city, all department funds are
the city’s responsibility. If they exist, independently managed fire
department bank accounts need to be closed and the funds turned over to the
city treasurer and controlled by the city council. The fire department does
not have any independent authority to accept, control, or spend
“department” funds or to enter into contracts. The city council must accept
any donations or other contributions.
“Fire Departments, Fire
Relief Associations and
Checking Accounts,”Office
of the State Auditor,
Statement of Position, Aug.
2015.
City fire departments have historically operated with considerable
autonomy; however, where public funds are concerned, that autonomy is
limited. Minnesota’s statutes are clear: city councils must control the city’s
finances. All city funds must be received and accounted for by the city
treasurer. Fire department expenditures must also be treated the same as
expenditures for any other city department. The fire chief has no authority to
authorize city expenditures or to sign city checks. Instead, the expenditures
for the fire department, as with any other city department, must be approved
by the city council in a manner that conforms to the city’s established
purchasing and claims procedures.
See Section IV-E,
Fundraisers and donations
and
SectionVII-B-2, Fundraising.
Unlike the city fire department, volunteer fire relief associations will have
their own financial accounts. A volunteer fire relief association is a
governmental entity separate from the city. It receives and manages public
money to offer retirement benefits for those individuals who provide
firefighting and emergency first response services.
Minn. Stat. § 609.456.Local government officials and employees must notify the Office of the
State Auditor (OSA) whenever evidence of theft, embezzlement, or the
unlawful use of public funds or property is discovered. The reporting
requirement also applies to officers and employees of local public pension
plans, including volunteer firefighter relief associations.
State Auditor Reporting
forms and due dates.A detailed description of the alleged incident(s) must be made to the OSA
“promptly” and in writing. The description may include information that is
classified as not public data. “Prompt” reporting means that the OSA should
be contacted when the evidence is first discovered. Information that could
reasonably be used to determine the identity of an individual providing the
required notice is classified as private.
A. Charging for fire calls
Minn. Stat. § 415.01, subd. 2.
Fees for Fire Services within
the City, LMC Model
Ordinance.
Cities have express authority to impose fees for emergency services,
including fire protection. A city’s ability to charge fire fees involves
interplay between three statutes. The first, Minn. Stat. § 415.01, subd. 2,
allows cities to charge for emergency services by passing an ordinance that
specifies the amount and manner of the charge.
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 5/24/2016
Fire Department Management and Liability Issues Page 21
Fees for Fire Services Under
Contract, LMC Model
Ordinance.Establishes fees
for emergency protection fire
services outside the city
pursuant to a fire protection
contract.
It provides “[A] city may exercise the power under sections 366.011 and
366.012 relating to charges for emergency services only if the city adopts an
ordinance authorizing the manner and amount of charging for those
services.”
Minn. Stat. § 366.011.
Minn. Stat. § 366.012.
The other two, Minn. Stat. §§ 366.011 and 366.012, apply to towns. Under
Minn. Stat. § 366.011, a town can impose fees for fire protection services
provided by or contracted for by the town. If the charge is not paid, the town
can use any means available to private parties to collect it or may certify the
unpaid charge with the county auditor for collection with taxes to any real
property within the state. Minn. Stat. § 366.012 explains the process for
certifying charges with the county auditor. By its terms, Minn. Stat. §
415.01, subd. 2, gives cities these same powers.
Cities also have the authority to certify the unpaid charge to the auditor of
any county in the state in which the person who received fire protection
services owns real property. The county auditor is responsible for remitting
to the city all charges collected on behalf of the city. Therefore, a city can
certify unpaid fees regardless of where the property is located in the state.
An important note to remember is that fire services generally include not
only firefighting, but first responders as well. Any ordinance authorizing fire
service charges should define fire services broadly enough to include both of
these activities.
1. Providing service to property outside the city
Minn. Stat. § 415.01, subd. 2.
Many cities contract with towns or other cities to provide fire protection,
requiring the city fire department to provide service outside of the city.
These contracts typically authorize cities to bill the recipient of the fire
protection service who lives outside the city. Cities have the authority to use
any means available to private parties to collect unpaid charges, regardless
of where the property is located. State law also gives cities the ability to
certify for collection with taxes the unpaid fire charges on property located
outside of city limits that is anywhere within the state. It provides that cities
may exercise the “power under sections 366.011 and 366.012 relating to
charges for emergency services.” One of these powers is certifying unpaid
fire charges. This power is not limited to charges to property within a city’s
borders.
2. Different rate structures
Mem’l Hosp. v. Maricopa
County,415 U.S. 250 (1974)
(denying non-residents free
non-emergency medical care
violated the right to travel).
Fire departments often respond to car fires, sometimes to nonresidents of the
city, or to another entity covered by a fire protection contract. Cities have
inquired whether they can charge higher rates for these calls. Unequal fees
implicate several constitutional concerns.
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 5/24/2016
Fire Department Management and Liability Issues Page 22
State v. Kolla,672 N.W.2d 1
(Minn. Ct. App. 2003)
(charging higher state license
fee to non-residents violated
commerce clause); 9
McQuillin, Municipal
Corporations, § 26.48 (3rd ed.
Revised 1995).
The U.S. Supreme Court ruled that denial of “basic necessities of life”
impedes the constitutional right to travel. Fire protection might be a basic
necessity and unequal charges may be a form of denying this basic
necessity. Additionally, higher taxes and more stringent licensing
requirements imposed on nonresidents have run afoul of both the
Constitution’s equal protection and commerce clauses. Because of the
possible constitutional implications resulting from different rates, it is
probably preferable to have a uniform policy when charging for fire calls.
3. Policy considerations
Many cities have passed ordinances charging fire fees and more are
considering this option. Aside from the concerns mentioned above, cities
should consider whether charging fire fees is the best choice. Some citizens
may argue that the mechanisms for collecting and enforcing property taxes
are already in place and that paying for fire services out of general revenue
may be a better option than charging for fire calls.
The city should also decide whether it is prepared to collect charges when
the fee is not covered by insurance. Some insurance policies will only pay if
the property owner has an obligation to the city. If the city only collects fees
in limited instances, the insurance company could argue that the property
owner does not really have an obligation to the city. Furthermore, if the city
aggressively attempts to collect fees from persons having insurance but
looks the other way for persons not having insurance, the city could be
committing insurance fraud.
If the city decides to charge fire fees, the statutes do not limit the amount of
fees a city may charge. However, as is usually true for city fees, the fee
should be reasonably related to the city’s cost in providing the service.
Finally, keep in mind that all fire fee collections belong to the city, not the
fire relief association or fire department, and should be deposited in the
city’s accounts.
B. Contracting out city fire services
LMC information memo,
Intergovernmental
Cooperative Agreements.
Fire protection is the most commonly contracted-for service between cities
and towns. These contracts will typically fall into some kind of
intergovernmental cooperation agreement such as contract-for fire service, a
mutual aid agreement, or an agreement for shared personnel or resources
such as equipment, facilities, or specialty operations; rescue teams are a
common example. Each of these contracts presents unique considerations,
especially in terms of liability and risk management, which are discussed in
a separate Information Memo.
League of Minnesota Cities Model Ordinance: 5/24/2016
Fees for Fire Services within the City Page 1
Fees for Fire Services within the City, LMC Model Ordinance
League models are thoughtfully developed by our staff for a city’s consideration. Models should be
customized as appropriate for an individual city’s circumstances in consultation with the city’s attorney.
Helpful background information on this model may be found in Information Memo “Fire Department
Management and Liability Issues.”
This icon marks places where the city must customize the model. They offer
additional provisions, optional language, or comments for your consideration. The
icon, and language you do not wish to include, should be deleted from this model
before use. Make other changes, as needed, to customize the model for your city.
ORDINANCE NO. _____
AN ORDINANCE ESTABLISHING FEES FOR EMERGENCY PROTECTION FIRE
SERVICES FOR PROPERTY WITHIN THE CITY
The City Council of _____, Minnesota ordains:
SECTION ONE: PURPOSES AND INTENT
This ordinance is adopted for the purpose of authorizing the City of _____ to charge for fire
service as authorized by Minn. Stat. §§ 366.011, 366.012, and 415.01.
SECTION TWO: DEFINITIONS
(A) “Fire service” means any deployment of firefighting personnel and/or equipment to
extinguish a fire or perform any preventative measure in an effort to protect equipment,
life, or property in an area threatened by fire. It also includes the deployment of
firefighting personnel and/or equipment to provide fire suppression, rescue, extrication,
and any other services related to fire and rescue as may occasionally occur.
(B) “Fire service charge” means the charge imposed by the City for receiving fire service.
(C) “Motor vehicle” means any self-propelled vehicle designed and originally manufactured
to operate primarily upon public roads and highways, and not operated exclusively upon
railroad tracks. It includes semi-trailers. It does not include snowmobiles, manufactured
homes, all-terrain vehicles, or park trailers.
(D) “Fire protection contract” means a contract between the City and a town or other city for
the City to provide fire service.
(E) “Mutual aid agreement” means an agreement between the City and a town or other city
for the City’s fire department to provide assistance to the fire department of a town or
other city.
SECTION THREE: PARTIES AFFECTED
(A) Owners of property within the City who receive fire service.
(B) Anyone who receives fire service as a result of a motor vehicle accident or fire within the
City.
League of Minnesota Cities Model Ordinance: 5/24/2016
Fees for Fire Services within the City Page 2
(C) Owners of property in towns or cities to which the City provides fire service pursuant to a
fire protection contract.
SECTION FOUR: RATES
Insert your rate schedule here.
SECTION FIVE: BILLING AND COLLECTION
(A) Parties requesting and receiving fire services may be billed directly by the City.
Additionally, if the party receiving fire services did not request services but a fire or other
situation exists which, at the discretion of the fire department personnel in charge
requires fire service, the party will be charged and billed. All parties will be billed
whether or not the fire service is covered by insurance. Any billable amount of the fire
charge not covered by a party’s insurance remains a debt of the party receiving the fire
service.
(B) Parties billed for fire service will have _____ days to pay. If the fire service charge is not
paid by that time, it will be considered delinquent and the City will send a notice of
delinquency.
(C) If the fire service charge remains unpaid for 30 days after this notice of delinquency is
sent, the City will use all practical and reasonable legal means to collect the fire service
charge. The party receiving fire service shall be liable for all collection costs incurred by
the City including, but not limited to, reasonable attorney fees and court costs.
(D) If the fire service charge remains unpaid for 30 days after the notice of delinquency is
sent, the City Council may also, on or before October 15 of each year, certify the unpaid
fire service charge to the county auditor in which the recipient of the services owns real
property for collection with property taxes. The county auditor is responsible for
remitting to the city all charges collected on behalf of the city. The City must give the
property owner notice of its intent to certify the unpaid fire service charge by September
15.
(E) False alarms _____ be billed as a fire call.
Insert “will” or “won’t”
SECTION SIX: MUTUAL AID AGREEMENT
When the City fire department provides fire service to another fire department pursuant to a
Mutual Aid Agreement, the billing will be determined by the Mutual Aid Agreement.
SECTION SEVEN: APPLICATION OF COLLECTIONS TO BUDGET
All collected fire charges will be city funds and used to offset the expenses of the City fire
department in providing fire services.
SECTION EIGHT: EFFECTIVE DATE
The ordinance shall become effective _____.
Passed by the City Council of _______, Minnesota this _____ day of Month, Year.
League of Minnesota Cities Model Ordinance: 5/24/2016
Fees for Fire Services within the City Page 3
___________________
Mayor
Attested:
____________________
City Clerk
Emergency Policy for Response Charges
This policy is intended to assist in the preparation, submission and billing of all paged emergency service incidents by the Taylors
Falls Fire Department. Chapter 5 of the Taylors Falls Code of Ordinances state:
Section 507 - Emergency Services/Fire Calls
507.01 Charges for Service.Pursuant to Minnesota Statutes §366.011 and 415.01, the City hereby imposes a service charge for emergency services,
including fire, rescue, medical and related services provided by the City of Taylors Falls Fire Department, or contracted for with the City.
507.02 Collection.Pursuant to Minnesota Statutes §366.011 and 415.01, the City or its contractor on behalf of the City may use any lawful means
allowed to a private party for the collection of an unsecured delinquent debt if the service charge remains unpaid 30 days after a notice of delinquency
is sent to the recipient of the service or the recipient’s representative or estate.
507.03 Fees.The fee for the said service shall be established in Section 305.05 of this Code of Ordinances.
Incident Report.Following the response by the Taylors Falls Fire Department to a paged incident for emergency services, the Fire Chief or Officer in
Charge shall provide a completed Incident Report (attachment A) to the City Clerk’s office at City Hall within a reasonable amount of time after said
incident. The Report is to be completed with as much information as possible to assist in the determination of the appropriate fees.
Once all pertinent information is received (preferably via fax), the Clerk-Treasurer, or other designated official, shall prepare an invoice and mail it to the
responsible party, which shall then be due and payable within 30 days. Incomplete Incident Reports will not be charged out until sufficient information
is provided.
Charges for Services.Charges for Emergency Services shall be based upon the level of urgency according to the level sliding scale:
Alarms, CO or Smoke Detectors - $100 for the initial response up to one hour, $250 per hour thereafter.
Rock Fall/River Rescue - $300
Accident Response, Vehicle Fire, Grass Fire - $250 per hour ($500 cap)
Structure Fire - $500
Extrication - $500 for use of extrication equipment
Any amendments to the Fee Schedule associated with a paged emergency service incident shall be established by the City Council at their Organizational
Meeting in January of each year. Once a payment is received it shall be posted as revenue to the Special Fire Protection Fund (407) less a 10%
administrative fee. If the charges remain unpaid, the City shall use any means available for collection, including the assessment of the special charge to
the property taxes as specified in Chapter 5 of the Taylors Falls Code of Ordinances, Section 507 - Emergency Services/Fire Calls.
Special Circumstances.The expectation is that all paged emergency service incidents responded to by the Taylors Falls Fire Department shall be
charged the appropriate fees. However, there may be special circumstances where these fees may not be appropriate:
» Mutual Aid: NO CHARGE
» Cancelled in route: NO CHARGE
» Called in by someone other than property/vehicle owner & unfounded: NO CHARGE
» Responded to call but unfounded: NO CHARGE
» Called in by someone other than property owner with just cause: CHARGED AS APPROPRIATE
» If determined by the Fire Chief or Officer in Charge from the Taylors Falls Fire Department, a Deputy from the Chisago County Sheriff’s Department,
or the Judicial Court System, that an Emergency Service Incident was intentionally, maliciously or carelessly set by a person(s), the entire fees associated
with the said incident shall be born by that person(s).
» Proven hardship: NO CHARGE
» No Insurance or not able to pay entire fee: PAYMENT SCHEDULE WITH NO ACCRUING INTEREST
» Special circumstances per Officer in Charge in making an assessment for exceptional and unusual circumstances, the officer in charge shall inform
the Council of information gathered at the scene such as, serious illness or medical condition of owner or family members, or general disability or other
observations of hardship that support circumstances where fees may not be appropriate.
Emergency Policy for Response Charges http://www.ci.taylors-falls.mn.us/index.asp?Type=B_BASIC&SEC={9...
1 of 1 9/7/2017, 12:43 PM