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.
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.
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.
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:
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:
