A sampling of Benton County’s justices of the peace found little interest in a county-imposed fee to support rural ambulance service.
County Judge Bob Clinard told justices of the peace at a recent meeting of the Quorum Court’s Committee of 13 state law appears to give the Quorum Court authority to draw up emergency medical service districts and set fees to support the districts by county ordinance without seeking approval of the district residents.
Clinard didn’t suggest the county should take that route, but said he was providing the information for the justices of the peace to consider.
County Attorney George Spence sent the justices of the peace a memo detailing his legal research. He said he looked for a court case for guidance, but found nothing barring the Quorum Court from acting on its own if the justices of the peace chose to do so.
“From what I’ve found, the Quorum Court would hold a public hearing,” Spence said. “After the hearing, the Quorum Court can go forward. If the JPs want to they can enact that ordinance. I can’t find anything to the contrary.”
At A Glance
Rural Ambulance Costs
Benton County is asking eight providers of ambulance service to accept one-year contracts to continue operating in the unincorporated areas of the county. The county has increased its subsidy from $100,000 in 2011 to $150,000 in 2012 and is proposing to double that amount to $300,000 in 2013.
Jurisdiction 2012 Distribution 2013 Distribution*
Bella Vista $2,989 $10,000
Bentonville $21,648 $52,000
Gravette $31,793 $33,000
Northeast Benton County $23,007 $35,000
Pea Ridge $5,253 $11,000
Rogers $29,257 $77,000
Siloam Springs $23,188 $52,000
Springdale $12,862 $30,000
*Proposed
Source: Staff Report
Spence said residents of any such district would have the option to petition for a vote on the ordinance after it passed. By collecting signatures from registered voters equal to 15 percent of the number of votes cast for circuit clerk in the most recent general election, a referendum could be called on the measure, he said.
County officials have debated how best to provide service to rural areas for the past two years. Currently, the justices of the peace are weighing a proposed division of $300,000 among the seven cities that provide ambulance service to the unincorporated areas of the county along with Northeast Benton County Fire and EMS, which serves the northeastern part of the county from its base in Garfield.
While the justices of the peace have made no final decision on how to provide ambulance service to the rural areas of the county, imposing a fee drew little support.
“That may be legally possible, but it’s not good business,” said Dan Douglas, justice of the peace. “It’s not the way to conduct county business, raise taxes on them and then tell people, ‘If you don’t like it, come back and do something about it.’ We need to go to the people before we do anything like that.”
Patrick Carr, justice of the peace, said he wouldn’t rule out the use of emergency medical service districts and a fee system, but said he doubted the Quorum Court would set up districts on its own authority.
“If it’s in the law, it’s in the law. But it doesn’t mean we should do it,” Carr said. “Just because we can, doesn’t mean we should do it.”
Carr characterized the Quorum Court as “slow to act” and said that would be beneficial in this instance.
“I’m still big on referendums and letting the people vote,” he said.
Joel Jones, justice of the peace, said he would oppose a proposal to have the Quorum Court take the lead and set up districts and fees on its own initiative.
“I wouldn’t want to do something unilaterally,” he said. “If we’re going to put a fee or a tax on people, I’d prefer to put it to a vote. Like the judge said, we’re going to consider all the options, but I wouldn’t want the Quorum Court to go forward without a vote.”
Shirley Sandlin, justice of the peace, said the existing emergency medical service district that supports the ambulance service provided by NEBCO Fire and EMS was submitted to a vote of the residents first, not imposed by the Quorum Court. She said she’s still waiting for some evidence of public support for a tax or a fee for ambulance service, pointing out that the county will have to make choices among competing interests at some point and ambulance service isn’t her top priority.
“If there’s a budget crunch we are going to have to make a choice between adding money for ambulance service or keeping the roads graded or having more deputies,” Sandlin said. “At that point, I’m going to say ‘No.’ People are going to have to step up and decide what they want to pay for.”