A. 
In 1983, the New Mexico Attorney General provided a legal opinion that volunteer firefighters are employees; however, that opinion was only for purposes of the Occupational Health and Safety Act, which has since been amended to expressly exclude volunteer nonsalaried firefighters from its definition of "employee."
B. 
Section 3(e)(4)(A) of the FLSA and 29 CFR 553.101 and 553.103 indicate that individuals are volunteers, not employees of a public agency, when they meet the following criteria:
(1) 
Perform hours of service for civic, charitable or humanitarian reasons without promise, expectation, or receipt of compensation for the services rendered. The statute clarifies that a volunteer performing such service can either receive no compensation or be paid expenses, reasonable benefits or a nominal fee to perform such services;
(2) 
Offer their services freely and without coercion, direct or implied, from the employer;
(3) 
Are not otherwise employed by the same public agency to perform the same services as those for which they propose to volunteer. In other words, individuals can qualify as volunteers if they either volunteer for different agencies or perform different services than they are employed to perform.
The purpose of the probationary period is to evaluate the individual's ability, potential and performance. This includes an evaluation of the volunteer's performance and the ability to work with the public, peers, supervisors, and management. A probationary volunteer is dismissible-at-will and is not entitled to exercise grievance procedures pursuant to this document.
To be considered active-duty personnel of an Otero County Volunteer Fire/EMS Department, a person must be able to perform in at least one of the following divisions: firefighter, EMS, driver/operator, HAZMAT, wildland, and:
A. 
Be at least 18 years of age for firefighter, driver/operator, HAZMAT/technical rescue or wildland.
B. 
Be at least 16 years of age for EMS and in the process of licensure according to state requirements.
C. 
Be physically capable of performing the duties required of the division(s) he/she wishes to participate in.
D. 
Prove proficiency or current licensure/certifications for the divisions that he/she operates in.
E. 
Meet the requirements of § 69-6 of this document.
To be considered a trainee or support member of an Otero County Volunteer Fire/EMS Department, a person must be able to perform in at least one of the following divisions: trainee or support member, and:
A. 
Be at least 14 years of age.
B. 
Be physically capable of being a trainee for any division listed in § 69-27.
C. 
Is not qualified to operate on an emergency scene as active-duty personnel.
D. 
Be physically capable of supporting actives-duty personnel on emergency calls by assisting in functions such as: rehab, radio operators, equipment repair and maintenance, planning/logistics or other administrative functions.
E. 
Meet the requirements of § 69-6 of this document.
A. 
To be considered either active-duty personnel or auxiliary members with an Otero County Volunteer Fire/EMS Department, a person must be able to comply with the following attendance requirements:
(1) 
Attend 50% of all scheduled fire drills;
(2) 
Attend 50% of all scheduled business meetings; and
(3) 
Participate in at least 50% of all emergency response calls he/she is held responsible to attend.
B. 
Excused absences shall include:
(1) 
Personal or family illness.
(2) 
Business or travel conflicts.
(3) 
Personal and family responsibilities such as birthdays, anniversaries, etc.
(4) 
Vacations.
(5) 
Other civic responsibilities.
(6) 
Emergency services training outside the department.
(7) 
Military active duty or reserve assignments (does not include an individual being reassigned to another base such as a PCS).
C. 
Each member is responsible for advising the officer in charge (OIC) responsible for coordinating an activity of an impending absence in advance of the scheduled activity whenever possible. In certain instances, such as illnesses, vacations, business commitments, there will be excused absences from responses during the time period a member was absent. These will be handled on an individual basis, with the responsibility of advising an officer resting with the member.
A. 
For those who do not meet the minimum attendance requirements as stated in § 69-29, the Chief will issue a written warning if the individual fails to meet the minimum requirements for any two consecutive months. The Chief will suspend the individual from the Department if he/she fails to meet the minimum requirements for any three consecutive months. Over any period of time, continued failures to meet the required minimum participation levels will result in individual's dismissal.
B. 
Failure to meet the minimum participation requirements shows either a lack of dedication or too many conflicts with other activities and obligations. Minimum participation is required to assure the individual is aware of the changes in the department, maintains proper training levels and is developing team interactions and relationships, which are critical to safety and efficient operations within the department. Unless extenuating circumstances exist, those whose response rates fall below the required minimums shall be disciplined in the following manner:
(1) 
First occurrence: evaluation of participation; oral reprimand.
(2) 
Second occurrence: written reprimand; possible suspension.
(3) 
Third occurrence: dismissal.
A. 
Departments shall maintain a roster with names and the status of their personnel as outlined in §§ 69-26 through 69-30. There shall be no other designations of personnel than listed in this document (i.e., reserve personnel).
B. 
A copy of the department's roster shall be forwarded to the Office of Emergency Services at least annually at the end of the fiscal year, or if changes to the command staff of a department occur.