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Funding disbursed to Preston County ambulance agencies

By JENIFFER GRAHAM 4 min read
Photo by Jeniffer Graham Brent Davis questions the Preston County Commission's FOIA policy at their meeting this week.

KINGWOOD – Members of the Preston County Commission provided an update on EMS Ordinance implementations at their meeting this week.

According to EMS Ordinance Administer Brian Larew, the commission recently provided $41,691.27 in financial assistance to local ambulance agencies to address immediate operational needs, maintain emergency medical coverage and prevent interruptions in service.

He said commissioners provided $15,000 to Bruceton Community Ambulance Service (BCAS) following its initial suspension of operations. On Monday, Bruceton was again placed in an operational suspension status following noncompliance with requirements established by the West Virginia Office of Emergency Medical Services (WVOEMS),

Larew said the commission has acted in good faith based on the information provided by BCAS and has made efforts to assist the agency in maintaining emergency medical coverage.

"However," he said, "the repeated interruptions in service raise serious concerns regarding operational oversight and the agency’s ability to maintain compliance with state requirements."

Larew said responsibility for maintaining operational compliance rests with BCAS and its leadership. He said additional questions regarding the supervisory or agency operations should be directed to the BCAS Board of Directors.

Terra Alta Community Ambulance (TACA) received $8,158.31. During Bruceton’s initial service suspension, Terra Alta provided temporary coverage to the affected service area. The county reimbursed payroll and fuel expenses incurred during the 10-day coverage period.

Union Ambulance received $9,032.26. The funding was provided to assist with expenses associated with new ambulance cot systems for both ambulances, insurance payments and the agency’s play-by-call program.

KAMP Ambulance received $12,500 supplementary payroll funding to maintain 24-hour ambulance coverage and prevent reduction in county 911 services.

Larew said each request was evaluated individually based on documented financial and operational needs, with priority given to maintaining ambulance availability and preventing service interruptions. He said these contributions were made using other available county funds separate from revenue collected through the EMS Service Fee Ordinance.

However, two local residents raised questions. Thad Marsh asked the commission to immediately stabilize existing providers so no more agencies are forced to suspend or reduce services; produce and publicly present a full vetted five-year plan with measurable goals for response times, coverage staffing, equipment, and financial transparency, plus regular public reporting; finalize accountable contracts so collected fee funds begin supporting actual service; provide a clear accounting of all fee collections, expenditures and balance to date; state on the public record what the commission knew about the agencies financial condition and when and why was that not part of the five-year plan before it was imposed; and explain how this fee model complies with the user fee requirements in Clay County Citizens’ and related rulings, and what steps will insure the ordinance can withstand legal challenges.

"The people of Preston County are losing confidence in how this Commission has handled the EMS fee. We expect action now, not more delays. When we call 911, we deserve an ambulance that shows up. Not another promise," Marsh said.

Brent Davis, who has sent a number of FOIA requests regarding the EMS fee, said while the commission is considering to adopt a FOIA policy he wanted the public record to reflect several requirements of West Virginia law that cannot be overridden by local administrative procedures.

Davis said West Virginia law establishes mandatory monthly FOIA reporting requirements to the Secretary of State. He said the county’s policy should clearly establish responsibility for ensuring all reportable requests are accurately accounted for and submitted as required.

He said on Aug. 23 he submitted a six-part FOIA directly to EMS Director Henry McDonald concerning the criteria used to classify living units and recreational units under the ambulance fee.

"When the statutory response period passed, I formally notified the Commission on Aug. 29,” Davis said. “On Sept. 8, the county denied my request stating that the only ‘extant records’ were exempt, citing attorney-client privilege and internal memoranda. On Sept. 10, I formally challenged the sufficiency of that denial."

He said a county FOIA policy must implement state law, not introduce additional barriers to public access.

"Before you vote tonight, I ask each of you to consider whether this policy fully protects the public’s rights under West Virginia law," Davis said.

County Clerk Dave Sypolt recommended tabling the vote until the commission could get more information.

No action was taken.

The next meeting of the Preston County Commission will be at 9:30 a.m. Nov. 2.

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