Chapter 21. Fire and Rescue Services.

Legislative intent. The County Council, under Section 101 of the County Charter, intends to assure adequate public safety, health and welfare through an integrated fire, rescue, and emergency medical services program that is highly competent, highly trained, efficiently delivered, equitably administered and is provided by County, local fire and rescue department, and volunteer personnel. This program is operated by the County and the local fire and rescue departments. The Council believes that the County government is ultimately responsible for assuring public safety by providing fire, rescue and emergency services. This program should provide maximum cost-effective performance; promote the County-wide public interest; account for service levels and resources like other public programs; fairly communicate and consider all views regarding these services; and consider past and plan for projected growth and development in the County and its public safety requirements. To achieve these objectives a combined system of public and private resources is essential. The system includes:

Purpose. This Chapter is intended to achieve the following goals for fire, rescue, and emergency medical services in the County:

Definitions. As used in this Chapter, the following terms have the following meanings:

Established; membership.

Vacancy. Any vacancy on the Commission must be filled as provided in subsection (a). If in the case of an unscheduled vacancy the Executive requests a list under subsection (a) from the appropriate organizations and does not receive a list of at least 5 candidates within 15 days, the Executive may appoint a qualified person without explaining why no person was selected from a list. A replacement member serves for the remainder of the original term.

Compensation. A Commission member is not entitled to compensation for service on the Commission. Each Commission member must be reimbursed for reasonable travel and dependent care expenses, as appropriated in the operating budget.

Duties, responsibilities and authority.

Meeting with Executive. The Commission must meet with the Executive or the Chief Administrative Officer periodically to discuss matters under the Commission’s purview.

Annual report. The Commission must forward to the Executive and Council an annual report describing Commission recommendations and activities.

Removal. The Executive, with the approval of the Council, may remove any Commission member for cause.

Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

Any reference in any law, regulation, or Fire and Rescue Service policy to the Fire and Rescue Commission must be treated as referring to the Fire and Emergency Services Commission created under Section 21-2, as amended by Section 1 of this Act, unless the context clearly indicates otherwise.

In initially appointing the Fire and Emergency Services Commission under Section 21-2, the Executive must designate one career and one volunteer appointee to serve one year initial terms, one career appointee to serve a 2 year initial term, and one volunteer appointee to serve a 3 year initial term, and one member of the public to serve a term of one year, one to serve a term of 2 years, and one to serve a term of 3 years.

The Executive must appoint, subject to confirmation by the Council, and may remove the Fire Chief.

The Fire Chief is the uniformed department head of the Montgomery County Fire and Rescue Service, and has all powers of a department director. The Chief has full authority over all fire, rescue, and emergency medical services in the County, including any fire, rescue, and emergency medical services provided by local fire and rescue departments. The Chief must implement County law, regulations, and policies to effectively administer the Fire and Rescue Service.

The Chief of the Division of Fire and Rescue Operations is a merit position. The Division Chief must meet the requirements for chief officer adopted under Section 21-8. The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief. The Division Chief must promote the integration of the activities of volunteer and career firefighters and rescuers. The Division Chief, subject to the authority of the Fire Chief, may take disciplinary action, including discharge, against any merit system employee in the Service, subject to applicable merit system regulations and collective bargaining agreements.

The Chief of the Division of Volunteer Services is a non-merit position. The Division Chief must meet the requirements for chief officer adopted under Section 21-8 and must have experience as a chief, or an assistant or deputy chief, in a volunteer fire and rescue organization in the County. The Division Chief must be given the same rank under the IECS as the Chief of the Division of Fire and Rescue Operations. Before the Fire Chief recommends a person to the Executive for appointment as Division Chief for Volunteer Services, the Chief must invite the LFRD representative to submit a list of at least 5 qualified persons for the Executive’s consideration. If the LFRD representative submits a list and the Executive appoints a person whose name was not on that list, the Executive must explain to the Council why no person on the list was selected. If the Chief does not receive a list of at least 5 candidates within 30 days after requesting it, the Executive may appoint a qualified person without explaining why no person was selected from a list. The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief. The Division Chief, under the direction of the Fire Chief must serve as the highest ranking volunteer officer in the County and coordinate the operations and administration of volunteer personnel and LFRD’s. The Division Chief must:

The Fire Chief must appoint an Internal Affairs Officer after considering any recommendation by the Commission. The Officer must assist the Chief in monitoring compliance with County laws, regulations, policies, and procedures and investigate matters assigned by the Chief.

The Fire Chief must meet regularly with the LFRD representative and senior Service staff to communicate policy, evaluate the effectiveness of the County’s integrated fire and rescue services, and receive advice on the development of policies and delivery of services.

In addition to any other authority under this Chapter, the Fire Chief may take disciplinary action against any employee or volunteer in the Service, including those in a local fire and rescue department, for violating any County law, regulation, policy, or procedure, or any lawful order of the Chief or the Chief’s designee. Disciplinary action under this subsection may include suspension or discharge of an employee and restriction or prohibition of a volunteer from participation in fire and rescue activities. The Chief must not take any action involving an employee or volunteer of a local department, except when the Chief finds that immediate action is required to protect the safety of the public or any employee or volunteer, unless the Chief finds that the local department has not satisfactorily resolved the problem in a timely and effective manner. Any finding by the Chief under the preceding sentence is not subject to appeal. Each employee or volunteer must give the Chief any information, not otherwise legally privileged, that the Chief reasonably needs to administer this Chapter.

The Chief must provide staff and other support to the Commission, subject to appropriation.

A local fire and rescue department must not engage in any fire, rescue, or other emergency service in the County unless the County Council approves the department. An application for County approval to operate a fire and rescue department must be submitted to the County Executive, who must transmit the application and the Executive’s recommendation to the County Council not later than 90 days after the Executive received the completed application.

A local fire and rescue department must not change the location of any facility used to provide fire and rescue services in the County without the Council’s approval. The Executive must not include a site for any fire or rescue squad station or other facility used to provide fire or rescue services in a proposed Capital Improvements Program unless the Council has approved the location or relocation of the facility.

A local fire and rescue department may provide direct fire suppression, rescue, or emergency medical services in the County only while the department:

Each local fire and rescue department must furnish any information requested by the Fire Chief or the Commission regarding operations, administration, volunteer participation, or any other aspect of fire, rescue, or emergency medical services.

If the Fire Chief, after giving a local fire and rescue department a reasonable opportunity to respond, finds that the department has not complied with this Chapter or any other applicable County law, regulation, or policy, the County Executive may impound some or all of the tax funds designated for that local fire and rescue department. The Chief must administer the non-complying local fire and rescue department’s fire and rescue services responsibilities, and may use the impounded funds for that purpose. The Chief immediately must report to the Council and Executive about the local fire and rescue department’s non-compliance and must provide a status report 30 days later. After reviewing each report, the Executive must revoke, extend, or modify the impoundment of funds, consistent with the Chief’s finding of whether the local fire and rescue department has complied with the County law, regulation, or policy.

The County Attorney, with the approval of the County Executive, may take any legal action necessary to assist the Fire Chief in enforcing this Chapter and all other applicable laws, regulations, and policies concerning fire and rescue services in the County.

Nothing in this Chapter precludes, and the Fire Chief must not restrict, any local fire and rescue department from providing services to citizens in the District of Columbia if:

The Fire Chief must negotiate in good faith with the authorized LFRD representative on the issues or issue areas specified in subsection (f). While each LFRD and its members retain the right to communicate directly with elected and appointed officials, the LFRD representative is the LFRDs’ exclusive representative for purposes of negotiating with the Fire Chief.

A representative of the LFRD’s becomes authorized to represent their interests when the Fire Chief receives notice that more than 65% of the LFRD’s:

An LFRD can revoke its designation of an authorized representative and designate another person or organization not more than once every 2 years. If 65% of the LFRD’s vote to revoke the representative’s designation, that representative is no longer authorized to negotiate for the LFRD’s. If 65% of the LFRD’s designate a different representative, that representative is authorized to negotiate for all LFRD’s. If an authorization is revoked but no new representative is designated, further negotiating is suspended.

Formal negotiating is initiated when the LFRD representative notifies the Fire Chief, or the Fire Chief notifies the LFRD representative, that a negotiable issue has arisen. The Fire Chief or LFRD representative must respond, either in writing or by meeting, within 15 days. The number of required meetings between the parties each month cannot exceed 1, but the parties can meet more frequently if both agree. The parties may adopt a negotiating calendar under which issues are reserved for discussion at a certain time. A negotiated agreement takes effect unless the LFRD representative notifies the Fire Chief within 60 days of the date of the agreement that a majority of the LFRD’s have voted to reject the agreement.

The Fire Chief must consult with the LFRD representative on all major policy changes, to the same extent as the employee organization certified under Section 33-151 is required by law or collective bargaining agreement to be consulted.

Issues subject to negotiating under this Section are:

Issues not subject to negotiating under this Section are:

The Fire Chief and LFRD representative annually must choose an impasse neutral, either by agreement or through the processes of the American Arbitration Association. The impasse neutral’s fees and expenses must be paid by the Service.

During the course of negotiating, either party may declare an impasse and request the services of the impasse neutral, or the parties may jointly request those services before declaring an impasse. Except where specified otherwise in this Section, the timetable and process for impasse resolution, including Council review, must follow the timetable and process in Section 33-153.

When an impasse is reached, the parties must submit the dispute to the impasse neutral. The impasse neutral must attempt mediation by bringing the parties together voluntarily under conditions that will tend to bring about a settlement of the dispute.

If the impasse neutral, in the impasse neutral’s sole discretion, finds that the parties are at a bona fide impasse, the impasse neutral must require the parties to jointly submit all items previously agreed on, and each party to submit a final offer consisting of proposals not agreed upon. Neither party may change any proposal after it is submitted to the impasse neutral as a final offer, except to withdraw a proposal on which the parties have agreed.

The impasse neutral may require the parties to submit evidence or present oral or written arguments in support of their proposals. The impasse neutral may hold a hearing at a time, date, and place selected by the impasse neutral. The hearing must not be open to the public.

On or before 60 days after either party has requested the services of the impasse neutral, unless that date is extended by written agreement of the parties, the impasse neutral must select the final offer that, as a whole, the impasse neutral judges to be the more reasonable. Any issue decided by the impasse neutral must not be reopened within 3 years unless both parties agree to do so.

In selecting a final offer under this Section, the impasse neutral must consider only the following factors:

The final offer selected by the impasse neutral, integrated with any items previously agreed on, is the final agreement between the parties, need not be ratified by any party, and has the force and effect of an agreement voluntarily entered into and ratified. The parties must execute that agreement.

The Executive must submit to the County Council for review any element of an impasse neutral’s decision that:

The Council must consider any decision or part of a decision referred to it under subsection (p) and notify the parties within 60 days if it disapproves the decision or part. The Council may extend this time by resolution.

Jurisdiction. Except as provided in subsection (g), the Merit System Protection Board must hear and decide each appeal filed by a volunteer firefighter or rescuer aggrieved by an adverse final action of the Chief or a local fire and rescue department involving the removal, demotion, or suspension of, or other disciplinary action applied specifically to, that individual as if the individual were a County merit system employee.

Filing Appeals. Any party covered by this Section may appeal the action within 30 days after the action unless another law or regulation requires that an appeal be filed sooner. An appeal must not stay the disputed action.

Procedures. The Executive by regulation must establish procedures for hearing and deciding appeals under this Section. The regulation must specify which categories of appeals may be heard by a hearing examiner or otherwise must be decided on the basis of a written record. The Merit System Protection Board must hear an appeal if it complies with all applicable procedures. If the Board receives more than one appeal involving the same individual personnel action, the Board must consolidate the appeals.

Subpoenas. The chair of the Merit System Protection Board or a hearing examiner considering the case may issue a subpoena for the attendance of a witness and the production of any document, and may administer oaths, in any proceeding. The Board or any party to the proceeding may file a petition with any court with jurisdiction to enforce a subpoena as provided by law for the enforcement of subpoenas in a civil action. All provisions of law that compel a person under subpoena to testify apply to proceedings under this Chapter.

Depositions. When relevant to any proceeding and for use as evidence, the Merit System Protection Board or a hearing examiner considering the case may allow a party to depose a witness in the manner and on the terms designated by the Board or hearing examiner if:

Appeals of Board decisions. Any aggrieved party may appeal the decision of the Board to any court with jurisdiction under the rules governing appeals from administrative agencies, and may appeal any adverse decision of that court to the Court of Special Appeals.

Exceptions. This Section does not apply to, and the Board must not consider an appeal of, a personnel matter subject to an employee grievance procedure under a collective bargaining agreement.

The County Executive, after receiving Commission approval under Section 21-2(d)(4), must adopt by regulation an Integrated Emergency Command Structure (IECS) that is consistent with the National Incident Management System and applies to all IECS certified providers of fire, rescue and emergency medical services, on all emergency incidents. The Chief regularly must review the IECS regulation and propose amendments as necessary.

The IECS must retain and actively encourage volunteer participation at all levels of the chain of command under the Fire Chief. Volunteers who meet the requirements and standards of experience and training must be eligible to advance to all levels of the chain of command and must not be treated differently from employees of equal rank under the IECS.

The County Executive must establish by regulation, after receiving Commission approval under Section 21-2(d)(4), a Standardized Incident Management System that is:

The Standardized Incident Management System must apply throughout the Fire and Rescue Service, including the local fire and rescue departments.

The Fire Chief must draft a master fire, rescue, and emergency medical services plan and must propose any appropriate amendments to the Executive and Council. The master plan must include at least:

The Fire Chief must draft the master plan and any amendments in coordination with the Commission, the local fire and rescue departments, the Maryland-National Capital Park and Planning Commission, the health systems planning agency, the Washington Suburban Sanitary Commission, other County departments, the Metropolitan Washington Council of Governments, the U.S. Department of Homeland Security, and any other interested parties. The County Council, the Commission, and any local fire and rescue department may ask the Fire Chief to consider an amendment to the plan at any time. The Fire Chief must conduct at least one public hearing before proposing any significant amendment. The County Executive must forward the master plan or any amendment proposed by the Fire Chief, along with any comments, to the County Council, which may approve the master plan as proposed or with amendments.

The master plan must serve as a guideline for the Executive, Council, and Fire Chief in making decisions regarding delivery of fire and rescue services, does not have the force of law, and does not impose any legal obligation on any party.

Applicability of County Regulations. Employees of local fire and rescue departments who are paid with tax funds are not County employees. They are members of a separate merit system governed by generally applicable County personnel regulations except as expressly modified by regulations that the County Executive, after receiving Commission approval under Section 21-2(d)(4), adopts under method (2).

Personnel services. The Office of Human Resources must provide the following services to the local fire and rescue departments:

Uniform administration and application of personnel regulations and policies.

Consistent administration and application of a uniform pay plan and benefit program, which must be substantially equivalent to that of the County government.

Disbursement of salaries and wages, including withholding for taxes and fringe benefits through the County's payroll system.

Review for consistency with applicable personnel regulations all personnel transactions involving employees of local fire and rescue departments paid with tax funds.

Use of the Merit System Protection Board.

Limitations. Nothing in this Chapter means that employees of the local fire and rescue departments are County employees, either on a de jure or de facto basis. Nothing in this Chapter abrogates the authority of each local fire and rescue department over such functions as hiring, promotion, discipline, and discharge of employees of that department; the assignment of administrative staff; and day-to-day assignments of volunteer personnel at that department. This Section does not diminish the authority of County government to act under Sections 21-13 and 21-14 or the authority of the Fire Chief to discipline an employee or volunteer of a local fire and rescue department as provided in Section 21-3(g)..

Judicial review. An aggrieved employee of a local fire and rescue department, the Chief Administrative Officer on behalf of the County, or any local fire and rescue department or other person aggrieved by any order or decision of the Merit System Protection Board, may obtain judicial review of the order or decision as described in the Maryland Rules of Procedure that apply to appeals of administrative actions. Any party may appeal a decision of a court under this subsection to the Court of Special Appeals or seek review by the Court of Appeals.

Local department head. For purposes of this Chapter, a local fire and rescue department must designate a person as a department head under the County personnel regulations and must notify the Office of Human Resources of its selection. The designee may take any personnel action on behalf of the local department that a department head may take under the County personnel regulations, to the extent that those regulations apply to the local department.

As long as the service being provided is not the same service which the County employee is paid to provide, the County must not prohibit or discourage any County employee from providing volunteer services for a local fire and rescue department, except:

Employees in the firefighter/rescuer occupational series may be prohibited or restricted from providing volunteer fire, rescue or emergency medical services to local fire and rescue departments in the County under regulations adopted by the County Executive under method (2).

The County Executive, after receiving Commission approval under Section 21-2(d)(4), must issue regulations establishing training requirements for all active fire, rescue, and emergency medical services personnel in the Fire and Rescue Service, including the local fire and rescue departments, consistent with the Integrated Emergency Command Structure.

The training requirements must include core standards for eligibility for each rank. The core standards must apply similarly to all personnel engaging in similar duties.

However, the Chief Administrative Officer, in administering the County merit system under Chapter 33, must adopt requirements for advancement and promotion for those fire, rescue, and emergency medical services personnel who are members of the merit system. The requirements adopted by the Chief Administrative Officer for merit system members may include further requirements for advancement and promotion in addition to the core standards that apply to all Fire and Rescue Service personnel.

The Chief must ensure that all feasible opportunities are available for volunteers to meet the standards for advancement. The Chief must report annually to the Commission, Executive, and Council on the availability and implementation of County training programs for volunteer firefighters and rescuers.

Definitions. In this Section, the following words and phrases have the following meanings:

Eligibility. Any local fire and rescue department volunteer is eligible for the length of service award program if the volunteer is at least 16 years old, and:

Length of service benefits.

Disability benefit.

Survivor’s benefit.

Death benefit.

Other benefits. An active volunteer may participate in the County’s tuition assistance program to the extent federal tax laws permit volunteers to do so, and receive discounts at County transit and recreational facilities as if the volunteer were a County employee.

Funding. The County must pay benefits to a volunteer under this section from fire tax funds.

Administration.

Certification of volunteers.

Point system. To qualify as an active volunteer under subsection (a), a volunteer accumulates points under this subsection during each calendar year that are not transferable to another year An individual must not receive points for any activity performed as a County employee.

The Council declares that an emergency exists and that this legislation is necessary for the immediate protection of the public health and safety. This Act takes effect on the date on which it becomes law [April 5, 2001] and applies retroactively to January 1, 2001.

Any amendment made by this Act that allows credit toward the Length of Service Awards Program for an activity that did not qualify for credit before the amendment applies for those activities conducted on or after January 1, 2001.

Within 60 days after this Act takes effect [April 5, 2001], the Director of Finance must pay to each eligible beneficiary any retroactive length-of-service, disability, survivor's, and death benefit to which the beneficiary is entitled as a result of this Act.

Each local fire and rescue department supported in whole or in part with tax funds must prepare an annual budget recommendation that describes its requirements with appropriate justification in a format prescribed by the County Executive. Each department’s budget recommendation must be submitted to the Fire Chief by the deadline set by the Chief.

The Fire Chief must prepare and submit to the Commission for its review and comment a unified Fire and Rescue Service budget, including the proposed budgets for local fire and rescue departments and the staff and compensation proposed for the LFRD representative.

The Chief must forward the Commission’s comments and recommendations on the Chief’s proposed budget, together with a summary and an analysis of County-wide implications and relationships to applicable provisions of the fire service master plan, to the County Executive for review and submission to the County Council as required by the County Charter. The Chief must transmit the proposed budget to the Executive by the deadline established by the Executive.

The County Council must appropriate funds for fire, rescue, and emergency medical services for the ensuing fiscal year as prescribed by the Charter. A person must not encumber or spend funds in excess of appropriations. All distributions of appropriations to a local fire and rescue department are conditional on the local fire and rescue department’s complying with applicable law, County regulations and policies, and lawful orders of the Fire Chief.

Fire Tax District. A fire tax district, comprising the entire County, includes all real and personal property assessed for County tax purposes.

Tax levy and collection. The County Council may levy a tax on each $100 of the assessed value of taxable property in the fire tax district at a rate to yield an amount that the Council finds sufficient to fund:

Obligation to Provide Service.

Definitions. In this Section the following terms have the meanings indicated:

Imposition of reimbursement. The County must impose a reimbursement charge for any emergency medical services provided in the County, and, unless prohibited by other law, outside the County under a mutual aid agreement.

Liability for Reimbursement. Subject to paragraph (e), each individual who receives emergency medical services is responsible for paying for the emergency medical services.

Hardship Waiver.

County Residents - Payment of Uninsured Portion of the Emergency Medical Services Reimbursement.

Restriction on Local Fire and Rescue Departments. A local fire and rescue department must not impose a separate charge for emergency medical services.

Use of Revenue.

Regulations; Reimbursement Schedule. The County Executive must adopt a regulation under method (2) to implement the emergency medical services reimbursement program. The regulation must establish a reimbursement schedule based on the cost of providing emergency medical services. The reimbursement schedule may include an annual automatic adjustment based on inflation, as measured by an index reasonably related to the cost of providing emergency medical services. The regulation may require each individual who receives emergency medical services to provide financial information, including all the individual’s insurance coverage, and to assign insurance benefits to the County.

Reporting. The Fire Chief must submit a report to the County Executive and County Council not later than January 1 and July 1 of each year regarding implementation of the Program. The report should include:

Patient Advocate. The Office of Consumer Protection must employ a Patient Advocate to:

Outreach and Education Campaign. The County Executive must implement a public outreach and education campaign before and during implementation of the Program. This campaign should include:

Service Restoration: Place one ladder truck in the first battalion back into service with dedicated 24- hour staffing.

Apparatus Replacement Funding: Buy one tractor drawn ladder truck, one Engine Company, and 5 EMS units for system unit response improvements.

Facility Maintenance and Improvements: Conduct a strategic facility assessment, develop a maintenance and improvement plan for all LFRD- and County-owned fire and rescue facilities and, to the extent possible based on available funding, begin initial maintenance and repairs to these facilities.

Training: Provide system training for career and volunteer personnel, including core fire, rescue, EMS, technical rescue, and driver training classes.

Fire and Rescue Equipment: Buy personal protective equipment, portable fire, rescue, technical rescue, and EMS equipment for career and volunteer personnel, the training academy, and operational units.

Distribution. The County must pay all appropriated funds budgeted for use by a local fire and rescue department at least on a monthly basis to the department in accordance with a projected monthly schedule or approved budget submitted by that department before the start of the fiscal year. At the request of a local fire and rescue department, the County, as a service to that department, may retain, disburse, and account for any fire tax funds budgeted for use by that department.

Expenditures and investments. The treasurers, as authorized by the local fire and rescue department, must pay all proper costs, expenses, claims and demands necessary for the maintenance, equipment, and operation of the local fire and rescue department. Any money which the County retains on behalf of the local fire and rescue department must be invested in the County’s investment fund. The proceeds from those investments must be credited to each local fire and rescue department for the next fiscal year after the funds were invested. Proceeds must be credited to each local fire and rescue department in proportion to the amount of funds retained and invested by the County.

Treasurer’s bond. Each local fire and rescue department must provide a corporate bond to the County approved by the Director of Finance conditioned on the faithful discharge of the duties of the treasurer. The Director may approve a blanket corporate bond covering one or more local fire and rescue departments.

Audit. Financial transactions involving County fire tax funds must be included in the annual audit required by the Charter. Copies of the annual audit must be provided to the County Council, the Commission, and each local fire and rescue department.

Title to fire, rescue, and emergency medical service apparatus and facilities, purchased in whole or in part with any tax funds before July 30, 1980, may be retained by the local fire and rescue department unless the appropriation resolution that funded the purchase specified otherwise.

All apparatus and facilities purchased with tax funds after July 30, 1980, must be titled to the County and must be assigned in accordance with the adopted master fire, rescue, and emergency services plan. A newly constructed fire station, purchased with tax funds after July 1, 1999, may be held under a title reflecting concurrent ownership by the County and a local fire and rescue department if:

The Chief Administrative Officer must approve each sale or other disposition of any apparatus or facilities to ensure that the sale or other disposition does not adversely affect the public interest. If the Chief Administrative Officer does not approve a sale or other disposition, the County Council may by resolution approve the proposed sale or disposition. The proportionate share of the proceeds of any such disposition attributable to fire tax funds must be used by the local fire and rescue department for fire, rescue or emergency medical services, or be returned to the fire tax district. In a dispute over the source and amount of original financing, or over the value of the apparatus or facilities, the County agrees to binding arbitration under the Maryland Uniform Arbitration Act to resolve the dispute.

The County acknowledges that it has no ownership claim to any equipment, apparatus, facilities, or property acquired without any use of tax funds. This Chapter does not authorize the County to require the transfer of ownership of any such equipment, apparatus, facilities, or property to the County.

The County may accept title and all encumbrances to any fire, rescue, or emergency medical service apparatus, equipment, facility or property from any local fire and rescue department that requests the transfer of title, even if the item is subject to an existing debt. The Chief Administrative Officer must approve or reject the transfer after considering any recommendations by the Commission. The Chief Administrative Officer, after considering the Commission’s advice and recommendations, must develop procedures for the orderly disposition of assets of any local fire and rescue department that is unable to provide fire, rescue, or emergency medical services so that the assets continue to be used to provide fire, rescue, and emergency medical services in that community.

Any funds accruing to the County from the sale or other disposition of any apparatus, equipment, facility or property must be applied to the funding of fire and rescue appropriations approved by the County Council.

For purposes of operation, the Chief Administrative Officer, after considering the Commission’s advice and recommendations, must assign fire stations when built or acquired to a local fire and rescue department or, with the concurrence of the County Executive and County Council, to the Fire and Rescue Service. This Section does not preclude the Fire and Rescue Service from operating a fire station as otherwise provided by law.

The citizens of a certain area in the County, more particularly defined in this Section, for the purpose of enabling the citizens to enjoy protection from fire and other dangers, hereby are created a body corporate known as the Conduit Road Fire Board, Incorporated. The corporation has all the powers and privileges of a body politic and corporate, and by the corporate name may have perpetual succession, sue and be sued, plead and be impleaded, in any court of law or equity, and may have and use a common seal. The affairs of the corporation must be managed by a board of Directors, which may exercise all the powers granted to the corporation except the power to nominate and elect the members of the board of Directors, but the board of Directors may fill a vacancy on the board. The board of Directors must be elected as prescribed in this Section. The corporation also has power subject to the limits of this Chapter to cause to be organized one or more volunteer fire fighting companies, auxiliary to the corporation, to approve or disapprove the officers thereof, and to make rules to govern them and to maintain discipline therein. The Board may make, alter and amend bylaws, rules and regulations for the corporation; take title to real estate, and alienate same; borrow money and secure the payment thereof; build, alter and improve one or more fire houses; acquire by purchase or otherwise fire fighting apparatus and equipment; install fire alarms, telephones, radios, telegraph instruments and other means of communication; acquire equipment for the purpose of saving human life from loss by fire, drowning or other accident; report its financial condition annually to the Council; make contracts for necessary supplies of all kinds; employ firemen; insure the corporation, and its property against loss by reason of accident or actions at law for damages, and insure also the members of the auxiliary organization and the widows or the dependent next of kin of such members against loss by reason of accidental injury or death; accept gifts or bequests of money or property; build up a capital fund. The board of Directors must organize by electing from the members thereof a president, 2 vice-presidents, a secretary, a treasurer and an Executive committee. The persons so selected must be officers of the corporation.

The board must fill any vacancy in any office or any vacancy on the board, showing due regard to the geographical distribution of the board members. The board of Directors must be made up of 3 members elected from candidates at large in the area, and one member from each of the several communities in the area: The Town of Glen Echo, Incorporated; Mohican Hills, situate in the northwestern portion of Glen Echo Heights, and comprising the lots bordering on Mohican Road, Wiscassatt Road, Dehlonega Road and Scioto Road as per plat of Glen Echo Heights recorded in Plat Book Number 1, Folio Number 44 and Folio Number 45 of the land records of Montgomery County; Glen Echo Heights, other than the portion covered by Mohican Hills; as per plats of Glen Echo Heights; Brookmont, as per plat of Brookmont recorded in Plat Book 4, Page 305, of the land records of the County; Crest View, as per plat of Crest View recorded in Plat Book Number 3 on Page 31, of the land records of the County; and American University Park, as per plat of the American University Park recorded in Plat Book Number 1, Page 31, of the land records of the County; who must be elected from a group who may be nominated as candidates for the several communities. A candidate at large must be a qualified voter in the area, and must be nominated by petition in writing, of 40 or more qualified voters in the area. A candidate from any one of the listed communities must be a qualified voter resident in the community, and must be nominated by petition in writing, of 20 or more qualified voters resident in the community. Each person so nominated for membership on the board must be certified in writing to the mayor of the Town of Glen Echo. The mayor must provide printed blanks for petitioning and certifying the nominations. The mayor must call a special election to be held in the Town of Glen Echo, for the purpose of electing members of the board of Directors.

The mayor must provide printed ballots for elections and must appoint an election board to hold such election. The election board must consist of one member from each community, who must be a qualified voter in the area and who must reside in the community, and must serve without pay and must select 2 clerks who must be qualified voters in the area and who must serve without pay. The mayor must give notice of the election by advertisement, one time, in a newspaper published in the County, and the newspaper must have a general circulation in the area and the notice must be given at least 2 full weeks before the day designated for such election. The election must be held on the second Tuesday in May, every fourth year and the ballot must contain all the names of the candidates nominated as provided in this Section which may be certified to the mayor.

All of the candidates from a given community must be grouped on such ballot under a headline indicating that they are candidates from that particular community, and the voter may vote for any one of the group. The voters who participate in the election may vote for one candidate in each group and not otherwise; and the candidate from each community who receives the highest number of votes cast must be certified by the election board in writing, in triplicate, to the mayor, and the candidates so elected must be members of the board of Directors for 4 years and until their successors are duly elected and qualified.

All candidates at large must be grouped on the ballot under a headline indicating that they are candidates at large and that the voter may vote for any 3 of the group. The voters who participate in the election may vote for not more than 3 of the candidates in the group and not otherwise. The 3 candidates of the group who receive the highest number of votes cast must be certified by the election board in writing to the mayor, and the candidates so elected must be also members of the board of Directors for 4 years and until their successors are elected and qualified.

Each community that arises in the area, other than those provided for, must have a member on the board of Directors, after its candidates have met the same qualifications as those that have been already admitted by the other communities. The president of the corporation, or one of the vice-presidents, shall perform all duties herein devolved upon the mayor of Glen Echo, after the first election.

2 members by the Mayor and Council of Gaithersburg;

2 members by the Mayor and Council of Washington Grove;

2 members by the members of the Gaithersburg-Washington Grove Volunteer Fire Department, Inc., from its active membership; and

one by the 6 remaining members who must be a taxpayer of Gaithersburg-Washington Grove.

There is hereby created a Fire Board of the Hillandale Volunteer Fire Department, Inc., which is subject to this Chapter, the regulations and policies of the County, and the direction of the Fire Chief. The board of trustees of the Hillandale Volunteer Fire Department, Inc., constitute the Fire Board.

The Hillandale Volunteer Fire Department, Inc., may borrow money from time to time to buy land and build a fire department building to house the equipment of the fire department, buy additional equipment from time to time as needed, and mortgage and pledge all or part of any property for money owed.