This subchapter may be cited by number or as the “County
Fire and Emergency Services Administrative Subchapter” and may
be cited herein as “this subchapter.”
(Ordinance 1997-11 adopted 8/12/97)
The organization, administration and operation of the county
fire department is herein established and governed by the board of
county commissioners, through the office of the chief of the department.
(Ordinance 1997-11 adopted 8/12/97)
Joint resolutions, memoranda of understanding, joint powers
agreements and mutual aid agreements between the county and other
units of government pertaining to fire prevention, fire suppression,
emergency medical services and other emergency services as well as
dispatching of the same, now in force or being adopted subsequent
to passage of this subchapter, are hereby expressly authorized when
drawn or made in conformity to the intent and meaning of this subchapter
and upon approval by the county commission.
(Ordinance 1997-11 adopted 8/12/97)
(A)
The
quality of life of the citizens of the county is enhanced by the vigorous
administration of effective fire prevention, fire suppression, emergency
medical services and other emergency services administered by the
county.
(B)
The
county fire department is organized through the combined efforts of
fire district volunteers and career employees to deliver quality emergency
services to the citizens of the county.
(C)
Providing
these services is consistent with the constitutionally prescribed
functions of government to provide for the health, safety and welfare
of the general public.
(D)
It is
the policy of the county to provide staffing, funding and equipment
for the county fire department and its individual fire districts within
available resources consistent with the standards of local, state
and national authorities.
(E)
(1)
The
county fire department is administered through the chief of the department
who is responsible for monitoring, overseeing, directing and coordinating
all activities of the fire department.
(2)
The
chief shall work in cooperation with each district chief to monitor,
oversee, direct and coordinate the activities of each fire district.
(3)
Those
fire district boundaries presently existing are hereby ratified, subject
to the continued power of the board of county commissioners to change
the boundaries in the future.
(F)
(1)
The
county recognizes that some private, nonprofit corporations perform
useful functions in support of the fire department and fire districts.
(2)
Private
corporations have no authority to manage the operations of the department,
or any part thereof, including fire districts.
(3)
The
services provided by the county fire department are exclusively governmental
activities.
(Ordinance 1997-11 adopted 8/12/97)
(A)
In consideration
of the services provided by the private, nonprofit, auxiliary organizations
in support of the county fire department, the chief, conferring with
the district chief, is authorized to enter into agreements with the
organizations to allow the use of fire stations by such organizations
for meetings, fundraising and social events; provided that, any fundraising
activities clearly state that the funds raised are being paid to the
organizations and are not being paid to, or under the control of,
the county.
(B)
The
auxiliary organizations may also enter into agreements with the chief
to perform other functions related to fire, life, property and public
safety.
(Ordinance 1997-11 adopted 8/12/97)
(A)
The
chief of the county fire department shall be an employee of the county
who oversees and directs the operation and administration of the department
and reports directly to the county manager through the director of
the community services department.
(B)
All
revenue sources, characterized as public funds, require board approval
prior to expenditure. As such, the board has directed the chief to
review and approve any expenditure requested by a district chief.
The chief, acting as the representative of the board, shall review
the requests for compliance with all applicable statutes, ordinances
and rules and regulations.
(C)
(1)
The
chief, under the direction of the county manager and conferring with
the county chiefs association, shall develop, maintain and upgrade
standards, policies, procedures, department personnel rules and regulations
and protocols to ensure that the mission of delivering emergency services
is accomplished.
(2)
These
standards, policies, procedures, department personnel rules and regulations
and protocols shall, at all times, be consistent with the safety and
protection of all department personnel, both paid and volunteer.
(3)
These
standards, policies, procedures, department personnel rules and regulations
and protocols will collectively serve as the minimum standard for
the department.
(D)
The
chief shall be responsible for the maintenance and protection of those
licenses and authorities held by the county, as required by state
and federal regulators, for the delivery of emergency services and
shall set forth the rules, regulations and reporting standards as
required to maintain and protect those licenses and authorities.
(E)
The
chief, under the direction of the county manager and conferring with
the county chiefs association, shall be responsible for staffing,
recruitment, training, budgeting and all other administrative matters
for the department and for the development and improvement of the
department to meet local, state and federal standards.
(F)
The
chief shall be responsible for implementation and enforcement of fire
and safety codes and any ordinances designating the fire department
or the fire marshal as the enforcement agency as are now in effect
or hereafter adopted by the county.
(G)
The
chief, conferring with the district chief, is hereby authorized to
commit fire department personnel, equipment and resources, wholly
or in part, to emergency fire protection and emergency service delivery,
including mutual aid, for the relief of danger to life or property
from accident, explosion or natural disaster.
(H)
The
chief, conferring with the district chief, is authorized to enter
into agreements, contracts and working arrangements with other units
of government for implementing and administering the provisions of
this subchapter following approval of the county manager or the board
of county commissioners as appropriate.
(I)
The
chief, under the direction of the county manager and conferring with
the county chiefs association, shall promulgate departmental rules
and regulations and shall enforce departmental rules and regulations
for administering disciplinary action for both paid and volunteer
personnel.
(J)
The
chief is authorized to arrange communications systems and networks
necessary to adequately alert, dispatch and/or communicate with facilities,
equipment and personnel within the county for the purpose of responding
to fires, accidents, medical emergencies, explosions and natural disasters.
(K)
The
chief, under the direction of the county manager and conferring with
the county chiefs association, shall establish through department
personnel rules and regulations, job descriptions, an organizational
chart and a process for the training and promotion of paid and volunteer
personnel.
(Ordinance 1997-11 adopted 8/12/97; Ordinance 2010-01 adopted 1/26/10)
(A)
Each
individual fire district shall have a district chief who shall be
a volunteer duly elected by the membership of the fire district and
who shall function as such at the pleasure of the chief and the board
of county commissioners.
(B)
The
district chief is responsible for managing the day-to-day operational
activities of the fire district county-owned stations, apparatus and
equipment.
(C)
The
district chief shall be responsible for supervising assigned department
personnel, both paid and volunteer.
(D)
The
district chief shall be responsible for the expenditure of funds allocated
to the fire district.
(Ordinance 1997-11 adopted 8/12/97)
The chief shall have the power and authority to deputize willing
district chiefs and other willing officers of the department to perform
as official agents of the department, including the supervision of
paid and volunteer personnel as may be deemed necessary for the protection
of the health, welfare and safety of the residents of the county and
for the enforcement of codes and ordinances.
(Ordinance 1997-11 adopted 8/12/97)
(A)
(1)
The
chief shall, in cooperation with the county personnel department and
conferring with the county chiefs association, administer a volunteer
retention program to develop standards for the recruitment, application,
training, performance evaluation and promotion of volunteer personnel
which are equal, insofar as feasible, between paid and volunteer personnel.
(2)
The
application of a prospective volunteer shall contain an acknowledgment
and acceptance of the conditions of volunteer membership in the county
fire department as contained in the rules and regulations.
(B)
The
chief shall, in cooperation with the county personnel department and
conferring with the county chiefs association, develop standards for
the recruitment, application, hiring, training, performance evaluation
and promotion of department employees.
(C)
The
standards shall be in conformance with applicable federal, state and
county regulations and shall be set forth in the rules and regulations
of the fire department following review of the county attorney and
county manager.
(Ordinance 1997-11 adopted 8/12/97)
(A)
Proposed
department rules and regulations, as well as modifications to the
department rules and regulations, for the fire department and fire
districts shall be developed by the chief, in conference with the
county chiefs association, after the final adoption of this subchapter.
(B)
Proposed
rules and regulations, as well as modifications to the rules and regulations,
shall be made and forwarded to the county manager for review.
(Ordinance 1997-11 adopted 8/12/97)
(A)
There
is hereby created a fire department advisory committee.
(B)
The
fire department advisory committee shall consist of six members.
(D)
Each
commissioner shall appoint one member from their respective county
commission district to serve a one-year term. Each representative
shall be a member of the county chiefs association.
(E)
The
fire department advisory committee shall meet on a regular basis,
but not less than quarterly for the express purpose of providing advice
to the board of county commissioners and the chief of the department
on matters, other than personnel, regarding the county fire department.
(F)
Specifically,
the fire department advisory committee shall:
(1)
Be
instrumental in the application and selection process of the chief
of the department; and
(2)
Be
actively involved in the strategic planning for the department, including
recommendations for capital expenditures for fire districts, staffing
levels, training standards, medical protocols and standard operating
procedures.
(H)
The
fire department advisory committee shall be subject to the rules of
order for county boards and commissions, as set forth in this code
of ordinances, and shall be subject to the requirements of the New
Mexico Open Meetings Act.
(Ordinance 1997-11 adopted 8/12/97)
(A)
All
county fire department personnel responding to emergency medical service
calls and/or providing patient care, regardless of level of training
or education, shall do so only under the prior authorization and supervision
of the county fire department medical director.
(B)
The
medical director shall have responsibility and authority which includes
medical protocols and medical dispatch procedures and protocols.
(C)
Nothing
in this section shall be construed to give the medical director authority
to allocate funding.
(Ordinance 1997-11 adopted 8/12/97)
There is hereby created the county sheriff’s department
reserve, hereinafter referred to as “the reserve.”
(Ordinance 1985-02 adopted 9/9/85)
(A)
The
reserve is under the exclusive control of the county sheriff who shall
have sole and exclusive authority to:
(B)
To assist
in making and drafting plans for the reserve and doing and performing
all things necessary for perfecting same, the sheriff shall appoint
a subcommittee of his or her choice.
(C)
The
reserve and its individual members shall only have authority in law
enforcement on specific request by the sheriff of the county. A specific
request must be made for each individual instance of service.
(D)
The
duties of the reserve shall be to assist in enforcement of law by
cooperating with all law enforcement agencies and regulatory bodies.
(E)
Should
any law enforcement agency or regulatory body desire assistance from
the reserve, the request shall be made to the sheriff of the county
who may authorize it if:
(1)
Reserve
members are fully covered by the worker’s compensation insurance
policy of the assisted agency or body and this is evidenced by a writing
presented to the sheriff; and
(2)
Any
and all liability that may arise against the county; its officers,
employees or agents, the reserve or members thereof as a result of
the assistance, is assumed in writing by the assisted agency or body.
(F)
The
reserve or its members, when acting upon call, and only when acting
upon call, of the county sheriff or for another law enforcement agency
or regulatory authority shall be possessed of the same powers and
duties as a county sheriff’s deputy or officer of the law enforcement
agency or regulatory authority.
(Ordinance 1985-02 adopted 9/9/85)
(A)
The
county manager shall immediately take steps to provide necessary worker’s
compensation insurance for the reserve and necessary liability insurance
covering liability that may arise against the county, its officers,
employees or agents as a result of the activities of the reserve on
behalf of the county.
(B)
If any
or a portion of the liability is to be self-insured, the self-insurance
fund shall be increased accordingly.
(Ordinance 1985-02 adopted 9/9/85)
(A)
When
the sheriff of the county calls up the members of the reserve, the
call shall be in writing, list the names of each member of the reserve
called, the purpose of the call and the date and time the call begins
and terminates.
(B)
Unless
on call, reserve members shall have no more authority in law enforcement
than that of any private citizen.
(Ordinance 1985-02 adopted 9/9/85)
(A)
This
establishes the official policy of the county sheriff’s department
regarding the formation, operating procedures and training of the
county sheriff’s department reserve corps.
(B)
(1)
A
sheriff’s reserve corps shall be composed of reserve officers
who have been appointed and sworn in as members thereof by the county
sheriff.
(2)
For
the purpose of this section, the following definition shall apply
unless the context clearly indicates or requires a different meaning.
Trainee. A person who
has been accepted into training to qualify to become a reserve officer.
(3)
Reserve
officers and trainees shall be volunteer workers only and shall not
be deemed to be employees of the county or the sheriff’s department
for any purpose other than for the purposes of a reserve sheriff’s
deputy. All reserve officers shall be bound to abide by all rules
and regulations, all general and all special orders of the county
sheriff’s department.
(4)
A
reserve officer or trainee is in an on-duty status when signed in
on the reserve duty log and assigned with a regular officer.
(C)
(1)
The
county sheriff shall establish the requirements to be met by persons
to qualify to become members of the reserve. The requirements shall
include, but need not be limited to physical, mental, aptitude, personality,
inventory and character standards and the mandatory training of the
persons for a minimum of 180 hours, in all fields of police work and
activity in accordance with county sheriff’s department.
(2)
It
shall be the duty of the sheriff to provide training for the persons
and also any training for members which he or she may deem to be necessary
or desirable.
(3)
The
county sheriff shall determine fitness of persons to become and remain
members.
(4)
Whenever
all of the requirements to qualify to become a member shall have been
met by any person and he or she shall have certified, in writing,
that he or she has read the provisions hereof, he or she may be appointed
and sworn in as a member by the sheriff.
(5)
The
sheriff may terminate any member or trainee at any time and any member
or trainee may resign at any time by written notification thereof
to the sheriff. Any member who shall cease to be such shall surrender
all property of the county which shall have been issued to him or
her pursuant to the provisions hereof or otherwise.
(D)
(1)
The
sheriff shall have complete authority and control over the reserves
and its members and trainees and may delegate the exercise thereof,
in whole or in part to any of his or her subordinates.
(2)
The
sheriff or his or her designated subordinate may establish, by order
which may be changed from time to time, rules and regulations governing
the reserve officers and trainees, providing for the maintenance of
discipline and the assigning of each member to perform peace officer
duties.
(E)
(F)
(1)
The
reserve deputy officer’s uniform shall be the same as a regular
officers, except a shoulder patch shall bear the word “RESERVE”
along with the word “RESERVE” on the breast shield.
(2)
Trainees
shall be restricted from wearing the same brown belt with sidearms.
Trainees shall wear only an underbelt with baton and ring and handcuffs
and case.
(3)
Each
member shall maintain and keep, for his or her expedient use, every
item issued to him or her. He or she shall not carry any firearm unless
he or she shall have qualified for and received a gun permit signed
by the sheriff. Each member, at all times other than while serving
as such, shall not wear, display or carry, as the case may be, any
such item unless he or she shall have received specific written permission
from the sheriff.
(4)
Each
item which shall be issued to a member shall remain and be the property
of the county.
(G)
(1)
If
any member or any trainee should suffer or sustain any illness or
injury proximately caused by, arising while out of, and in the course
of, this service or training while on active duty, as hereinabove
limited, he or she shall be entitled to all of those worker’s
compensation benefits that he or she would be entitled to if he or
she were a regular employee of the county; provided that:
(a)
While receiving the required training, a trainee will be entitled
to those worker’s compensation benefits he or she would be entitled
to if he or she were a regular sheriffs deputy receiving a monthly
salary as such; or
(b)
After he or she has been appointed and sworn in as a reserve officer,
a reserve officer will be entitled to those worker’s compensation
he or she would be entitled to if he or she were a regular deputy
receiving a salary as such.
(2)
If
any such member or any such trainee should die as a result of any
illness or injury proximately caused by, arising out of, and in the
course of his or her service or training while on active duty, as
hereinabove limited, those persons who, if the deceased member had
been a regular deputy receiving a salary as such or if the deceased
trainee had been a sheriff’s deputy cadet receiving a salary
as such, would be entitled to any worker’s compensation benefits,
pursuant to the provisions of the worker’s compensation act
of the state, shall be entitled, but only upon the conditions provided
therefor in the act, to the same benefits, no more or no less.
(Ordinance 1985-02 adopted 9/9/85)
(A)
The
county sheriff requires all applicants to meet the standards of an
applicant that is applying for permanent status as a sheriff’s
deputy officer before being accepted as a trainee.
(B)
After
completing the standard training and is commissioned by the county
sheriff, the reserve deputy will work at least eight hours a month
to stay in good standing as a reservist.
(C)
The
sheriff will issue to all commissioned reserve deputies a badge, cap
shield and silver or gold cap band. All other uniform items will be
at the expense of the reserve deputy officer.
(D)
The
governing body, on recommendation of the county manager or on its
own motion, may, for cause, revoke any license issued under the provisions
of this section after notice and opportunity to be heard before the
governing body. The following shall be considered as just causes:
(1)
If
the licensee has willfully violated any provisions hereof;
(2)
If
any employee of the licensee violates any of the provisions hereof
with the permission or instructions of the licensee to do so;
(3)
Conviction
of any felony or any offense involving moral turpitude, except minor
traffic violations; or
(4)
Violation
of the rules and regulations of the sheriff’s department of
the county so far as they are applicable.
(Ordinance 1985-02 adopted 9/9/85)
