Countywide 9-1-1 systems and countywide public safety communications systems

OAG 98-032 Attorney General 2-178 OPINION NO. 98-032 Syllabus: 1. A countywide 9-1·1 system created and operated pursuant to RC. 4931.40-.53 is not a countywide public safety communications system, as defined by RC. 307.63(A). 2. A countywide 9-1·1 system created and operated pursuant to RC. 4931.40-.53 may not be expanded into a countywide public safety com­ munications system, as defined by RC. 307.63(A). 3. Proceeds of a tax levy passed pursuant to RC. 5705.19(BB) for the establishment and operation of a countywide 9-1-1 system may not be used to fund a countywide public safety communications system, as defined by"RC. 307.63(A). To: W. Duncan Whitney, Delaware County Prosecuting Attorney, Delaware, Ohio By: Betty D. Montgomery, Attorney General, August 31, 1998 You have requested an opinion concerning the operation of a countywide 9-1-1 system and a countywide public safety communications system. Specifically, you wish to know the following: 1. Is a countywide 9-1-1 system a countywide public safety communica­ tions system, as defined by RC. 307.63(A)? 2. If a countywide 9-1-1 system constitutes a countywide public safety communications system, as defined by RC. 307.63(A), is the 9-1-1 sys­ tem operated in accordance with the provisions of-RC. 307.63(F)? 3. If a countywide 9-1-1 system is expanded into a countywide public safety communications system, as defined by RC. 307.63(A), is the 9-1-1 sys­ tem operated by the board of county commissioners or the county sher­ iff? 4. If a countywide 9-1·1 system is funded by a tax levy adopted pursuant to RC. 5705.19(BB), may the funds generated by that levy be used to fund a countywide public safety communications system, as defined by RC. 307.63(A)? Your first question asks whether a countywide 9-1-1 system is a countywide public safety communications system, as defined by R.C. 307.63(A). Pursuant to R.C. 307.63, a board of county commissioners is authorized to establish and maintain a countywide public safety communications system. See 1995 Op. Att'y Gen. No. 95-004 at 2-15 and 2-16. For purposes of R.C. 307.63, a "countywide public safety communications system" is defined as follows: 2-179 1998 Opinions OAG 98:.032 "[C]ountywide public safety communications system" means a sys­ tem of communications facilities, equipment, and services that helps to provide immediate field exchange of police, fire, and emergency medical services information between the county and participating states, political subdivisions, and other public entities, without regard to which jurisdiction holds title to real or personal property used in the system or employs the persons responsible to dispatch emergency personnel using the system. RC. 307.63(A).1 A countywide public safety communications system thus is created and operated by a county to provide immediate field exchange of police, fire, and emergency medical services information between the county and participating political subdivisions. 1995 Op. Att'y Gen. No. 95-004 at 2-16. Provisions pertaining to the creation and operation of a countywide 9-1-1 system are set forth in RC. 4931.40-.53. Pursuant to these provisions, a county is authorized to operate and maintain a 9-1-1 system. See generally State ex rei. DiFrangia v. Trumbull County Bd. of Comm'rs, 99 Ohio App. 3d 569,573,651 N.E.2d 447,450 (Trumbull County 1994) (a county has "the authority to purchase and maintain the t;quipment required for a countywide 9-1-1 system"), appeal dismissed, 72 Ohio St. 1421, 648 N.E.2d 513 (1995). As used in RC. 4931.40-.53, '''9-1-1 system' means a system through which individuals can request emer­ gency service using the telephone number 9-1-1." R.C. 4931.40(A). In addition, a county that operates a 9-1-1 system may provide basic or enhanced 9-1-1 service within its territory. See RC. 4931.4l(B) ("[a] countywide 9-1-1 S'ystem may be a basic or enhanced 9-1-1 system, or a combination of the two"); RC. 4931.43(B)(2) (the proposal on the implementation of a countywide 9-1-1 system and the final plan adopted by the 9-1-1 planning committee shall specify whether basic or enhanced 9-1-1 service will be provided). The terms "basic 9-1-1 " and "enhanced 9-1-1" are defined by RC. 4931.40(B) and (C), respectively, for purposes of RC. 4931.40-.53: (B) "Basic 9-1-1" means a 9-1-1 system in which a caller provides information on the nature of and the location of an emergency, and the personnel receiving the call must determine the appropriate emergency serv­ ice provider to respond at that location. (C) "Enhanced 9-1-1" means a 9-1-1 system in which the telephone network system automatically provides to personnel receiving the call, immediately on answering the 9-1-1 call, information on the location and the telephone number from which the call is being made, and routes the call to 1 The General Assembly has not enacted a separate definition of the phrase "imme­ diate field exchange of police, fire, and emergency medical services information" for pur­ poses of RC. 307.63(A). In light of the context in which it appears in RC. 307.63(A), we interpret it as connoting the instantaneous communication of information between or among individual police, fire, and emergency medical services personnel of the state, politi­ cal subdivisions, or other public entities, for the purpose or in the course of providing appropriate emergency aid or assistance to persons who have requested that aid or assis­ tance. Thus, a countywide public safl~ty communications system enables police, fire, and emergency medical services personnel of either the same or different political subdivisions to have direct communications with each other for the purpose of coordinating their provi­ sion of emergency aid or assistance. September 1998 DAG- 98-032 Attorney General 2-180 emergency service providers that serve the location from which the call is made. Pursuant to the definitions of "9-1-1 service," "basic 9-1-1," and "enhanced 9-1-1," as used in R.C. 4931.40-.53, it is readily apparent that a countywide 9-1-1 system is a communications system whereby the public can request emergency service. The primary purpose of a countywide 9-1-1. system is to dispatch the appropriate emergency service provider to a location. A countywide 9-1-1 system is not used to provide immt :iate field exchange of police, fire, and emergency medical services information between the county and other political subdivisions. Accordingly, because a countywide 9-1-1 system is not used to provide immediate field exchange of police, fire, and emergency medical services infor­ mation between the county and other subdivisions, a countywide 9-1-1 system created and operated pursuant to RC. 4931.40-.53 is not a countywide public safety communications system, as defined by RC. 307.63(A). Your second question asks whether, if a countywide 9-1-1 system constitutes a countywide public safety communications system, as defined by R.C. 307.63(A), is the 9-1-1 system operated in accordance with the provisions of R.C. 307.63(F). As determined above, however, a countywide 9-1-1 system is not a countywide public safety communications system, as defined by R.C. 307.63(A). It is, therefore, unnecessary for us to advise whether a countywide 9-1-1 system is operated in accordance with the provisions of RC. 307.63(F). Your third question asks whether, if a countywide 9-1-1 system is expanded into a countywide public safety communications system, as defined by R.C. 307.63(A), is the 9-1-1 system operated by the board of county commissioners or the county sheriff. Resolution of this question requites that we first determine whether a countywide 9-1-1 system may be expanded into a countywide public safety communications system. It is a general rule that "[c]ounties ... may exercise only those powers affirmatively granted by the General Assembly." Geauga County Ed. of Comm 'rs v. Munn Road Sand & Gravel, 67 Ohio St. 3d 579, 582, 621 N.E.2d 696, 699 (1993). No provision within the Revised Code states that a county is authorized to expand a countywide 9-1-1 system into a countywide public safety communications system. To the contrary, a review of the provisions authorizing counties to create and operate 9-1-1 systems, R.C. 4931.40-.53, and public safety communications systems, RC. 307.63, indicates that such authority has not been granted by the General Assembly to counties. As stated above, countywide 9-1-1 systems and countywide public safety communica­ tions systems serve different purposes. A countywide 9-1-1 system is used by the citizens of the county to contact and obtain the services of an emergency service provider, while a countywide public safety communications system is used to provide immediate field exchange of police, fire, and emergency medical services information between the county and other political subdivisions. See note one, supra. Accordingly, use of a countywide 9-1-1 system to provide immediate field exchange of police, fire, and emergency medical services information between the county and other subdivisions would be for a purpose not contem­ plated by the General Assembly when it enacted RC. 4931.40-.53. See generally Henry v. Central Nat 'I Bank, 16 Ohio S1. 2d 16,242 N.E.2d 342 (1968) (syllabus, paragraph two) (the primary purpose in the interpretation of statutes is to determine legislative intent). In addi­ tion, the use of a countywide 9-1-1 system in such a manner would permit a county to provide immediate field exchange of police, fire, and emergency medical services informa­ tion between the county and other subdivisions in a manner. different than that prescribed by the General Assembly in R.C. 307.63. See generally Akron Transp. Co. v. Glander, 155 Ohio St. 471, 480, 99 N.E.2d 493, 497 (1951) ("when a statute directs a thing may be done by a 2-181 1998 Opinions OAG 98-032 specified means or in a particular manner it may not be done by o~heL means or in a different manner"); 1987 Op. Att'y Gen. No. 87-050 (determining that a statute that permits a board of township trustees to sell by public auction township property it no longer needs does not permit the sale of such property by any method other than public auction). F.inally, county moneys that are intended to be used to finance a countywide 9-1-1 system would be used for a purpose other than to dispatch the appropriate emergency service provider to '.a location.2 See generally State ex rei. Walton v. Edmondson, 89 Ohio St. 351, 363-64, 106 N.E. 41, 45 (1914) (where the expenditure of public moneys is limited by statute, the moneys may only be spent in accordance with the statutory provisions). Based on the provisions of RC. 4931.40-.13 and RC. 307.63, it is our opinion that a county thus lacks statutory authority to use a countywide 9-1-1 system to perform the functions of a countywide public safety communications system. Therefore, a countywide 9-1-1 system created and operated pursuant to RC. 4931.40-.53 may not be expanded into a countywide public safety communications system, as defined· by RC. 307.63(A). Your final question asks whether, if a countywide 9-1-1 system is funded by a tax levy adopted pursuant to RC. 5705.19(BB), may the funds generated by that levy be used to fund a countywide public safety communications system, as defined by RC. 307.63(A). R.C. 5705.19(BB) authorizes a county to levy a tax "[tJor the establishment and operation of a 9-1-1 system, as defined in section 4931.40 of the Revised Code." A tax levied by a county pursuant to RC. 5705.19(BB) for the establishment and operation of a countywide 9-1-1 system is a special levy. See R.C. 5705.19(PP) (a resolution to levy a tax in excess of the ten­ mill limitation "shall be confined to the purpose or purposes described in one division of [RC. 5705.19], to which the revenue derived therefrom shall be applied"). In 1998 Op. Att'y Gen. No. 98-023, slip op. at 7, we addressed the use of tax moneys derived from a special levy and stated: Proceeds derived from a special levy must, in accordance with RC. 5705.10, "be credited to a special fund for the purpose for which the levy was made" and "be used only for the purposes for which such fund is established." See 1988 Op. Att'y Gen. No. 88-101 at 2-500; 1986 Op. Att'y Gen. No. 86-103; see also Ohio Const. art. XII, 5 ("[n]o tax shall be levied, except in pursuance of law; and every law impos­ ing a tax shall state, distinctly, the object of the same, to which only, it shall be applied"). See Clark Restaurant Co. v. Evatt, 146 Ohio St. 86, 64 N.E.2d 113 (1945) (syllabus, paragraph three) ("[i]n the construction and application of taxing statutes, their provisions cannot be extended by implication beyond the clear import of the language used; nor can their opera­ tion be so enlarged as to embrace subjects not specifically enumerated"); 1977 Op. Att'y Gen. No. 77-097 at 2-323 ("the purpose set forth in the levy resolution, as in the case of any taxing statute, must be .strictly construed, and may not be enlarged to embrace subjects not specifically enumerated therein"). Accordingly, the proceeds from a tax levied under RC. 5705.19(BB) may be expended only for the purposes authorized therein. 2 A county may fund a countywide 9-\-\ system from charges on improved realty, RC. 4931.5 \, monthly charges to telephone bills, RC. 4931.52, proceeds from a tax levy, R.C. 5705.19(BB), or moneys from its general fund, see RC. 5705.09(A); :Porter v. Hopkins, 9\ Ohio St. 74, 84, 109 N.E. 629, 632 (1914). September 1998 OAG 98-033 Attorney General 2-182 The proceeds of a tax levied by a county pursuant to RC. 5705.19(BB) may be used to establish and operate a countywide 9-1-1 system. RC. 5705.19(BB) does not authorize the expenditure' of tax proceeds for a countywide public safety communications system, as defined by RC. 307.63(A). Moreover, RC. 5705. J9(KK) authorizes a county to levy a tax "[f]or a countywide public safety communications system under section 307.63 of the Revised Code." Thus, the proceeds of a tax levied under RC. 5705. 19(KK) are to be used to fund a countywide public safety communications system, rather than the proceeds of a tax levied under RC. S705.19(8B). The proceeds of a tax levy passed pursuant to RC. 5705. 19(BB) for the establishment and operation of a countywide 9-1-1 system, therefore, may not be used to fund a countywide public safety communications system, as defined by RC. 307.63(A). . Based on the foregoing, it is my opinion, and you are hereby advised as follows: I. A countywide 9-1-1 system created and operated pursuant to RC. 4931.40-.53 is not a countywide public safety communications system, as defined by RC. 307.63(A). 2. A countywide 9-1-1 system created and operated pursuant to RC. 4931.40-.53 may not be expanded into a countywide public safety com­ munications system, as defined by RC. 307.63(A). 3. Proceeds of a tax levy passed pursuant to RC. 5705.19(BB) for the establishment and operation of a countywide 9-1-1 system may not be used to fund a countywide public safety communications system, as defined by RC. 307.63(A).