[1]
Editor's note–Former subchapter 32.01 pertaining to fire and emergency service was repealed by Ordinance 2024-11 adopted 12/9/2024. Prior to the replacement, this article derived from the following: Ordinance 1997-11 adopted 8/12/97; Ordinance 2010-01 adopted 1/26/10.
This subchapter may be cited by number or as the "Santa Fe County Fire Operations Administrative Ordinance."
(Ordinance 2024-11 adopted 12/9/2024)
(A) 
This subchapter provides for the administration and operation of the Santa Fe County Fire Department (department), including both career and district members; assigning responsibilities for coordinated fire prevention, fire suppression, rescue operations, emergency and non-emergency medical services, community risk reduction programs, and other services including but not limited to, mutual aid and cooperation with fire departments or other services of government; establishing policy for implementation of fire, rescue, and medical service programs; promulgation of rules, regulations, medical treatment guidelines and standard operating guidelines and/or procedures for the operation of the department.
(B) 
The organization, administration and operation of Santa Fe County Fire Department is herein established and governed by the Santa Fe County Board of County Commissioners, through the fire chief of the Santa Fe County Fire Department.
(Ordinance 2024-11 adopted 12/9/2024)
Career Member.
An individual who is employed by Santa Fe County and works within the fire department.
Command Staff.
Career members staff at the rank of deputy fire chief, assistant chief battalion chief, and/or identified captains hired by the fire chief who assists with the administrative and operational oversight of Santa Fe County Fire Department.
County Manager.
The Santa Fe County Manager or deputy county manager designated by the county manager to discharge any of the duties under this subchapter.
District Chief.
A volunteer who has been duly elected by the membership of the fire district and confirmed by the fire chief. The district chief, as defined by section 32.09 of this subchapter, is responsible for the day-to-day operational activities of the fire district's county-owned stations, apparatus, equipment; supervision of district members; and allocated district funds under the direction and supervision of the fire chief.
District Chiefs Association.
A collaborative assembly of district chiefs representing their respective districts. This group convenes regularly with designated command staff to offer insights and feedback from their districts and members regarding fire department operations, fostering communication and alignment between district-level and department-wide objectives.
District Member.
An individual in good standing who has been accepted to and does volunteer their time and service within an individual fire district.
Fire Chief.
A position hired by the county manager to oversee the administration and operation of Santa Fe County Fire Department.
Fire District.
An area designated by the board of county commissioners based on a geographical boundary, which encompasses cultural identities and communities within Santa Fe County.
(Ordinance 2024-11 adopted 12/9/2024)
Joint resolutions, memoranda of understanding, joint powers agreements and mutual aid agreements between Santa Fe County and other units of government pertaining to fire prevention, fire suppression, emergency and non-emergency medical services, community risk reduction programs and other 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 Santa Fe County Board of County Commissions or the county manager as permitted by applicable resolutions.
(Ordinance 2024-11 adopted 12/9/2024)
(A) 
The quality of life of the citizens of Santa Fe County is enhanced by the vigorous administration of effective fire prevention, fire suppression, community risk reduction, emergency and non-emergency medical services and other services administered by the Santa Fe County Fire Department.
(B) 
Fire districts within Santa Fe County bring cultural value and community cohesion to the department, providing positive individual identity and the ability for mutual benefit. As the Santa Fe County Fire Department is a combined volunteer and career department, the individual boundaries and identities of each district are recognized and valued.
(C) 
Santa Fe County Fire Department is organized through the combined efforts of the fire chief, command staff, district fire chiefs, and department personnel with the priority of delivering quality emergency services to the citizens and visitors of Santa Fe County.
(D) 
Providing the aforementioned services is consistent with the constitutionally prescribed functions of government to provide for the health, safety, and welfare of the general public.
(E) 
Santa Fe County is to provide staffing, funding and equipment for Santa Fe County Fire Department based on available resources consistent with the guidelines of local, state, and national standards.
(F) 
The Santa Fe County Fire Department is administered through the fire chief who is ultimately responsible for running a cohesive, effective, well-functioning department. The fire chief does this with support from department command staff, individual district chiefs and the district chiefs association, providing a mutual, community-based approach for monitoring, overseeing, directing, and coordinating all department activities.
(G) 
The board of county commissioners shall determine, with input from the fire chief, after consulting with the district chiefs, the required number of fire districts, fire regions, and associated fire department identification numbers (FDIDs), to appropriately deliver emergency services throughout Santa Fe County.
(Ordinance 2024-11 adopted 12/9/2024)
(A) 
Santa Fe County recognizes that some private, non-profit, corporations perform useful functions in support of the fire department including the fire districts. Private corporations have no authority to manage the operations of Santa Fe County Fire Department, or any part thereof, including fire districts. The services provided by Santa Fe County Fire Department are exclusively governmental activities. These entities may, however, utilize county facilities when the function benefits the department, the events can be accommodated within available management resources, and activities meet all applicable county requirements. With respect to any fundraising activities, the event must clearly state that the funds raised are being paid to such organizations and are not being paid to, or under the control of, Santa Fe County.
(B) 
Such auxiliary organizations may also enter into agreements with the Santa Fe County Fire Department to be signed by the county manager, as authorized by appropriate resolutions, to perform other functions related to fire, life, property and public safety.
(Ordinance 2024-11 adopted 12/9/2024)
(A) 
The fire chief of Santa Fe County Fire Department shall be an employee of the county who oversees and directs all operations and administration of the department and reports directly to the county manager or designee.
(B) 
All revenue sources characterized as public funds require board of county commissioners approval prior to expenditure. As such, the Board has directed the fire chief under the direction of the county manager, to set budgetary priorities for Santa Fe County Fire Department, and to review and approve expenditures requested by department personnel within the budget approved by the Board. The fire chief shall review such requests for compliance with all applicable statutes, ordinances, and rules and regulations.
(C) 
The fire chief, under the direction of the county manager, shall develop, maintain, and approve standards, policies, procedures, department personnel rules, and regulations and protocols, so that the mission of delivering emergency services, non-emergency services, and community risk reduction programs is accomplished. These standards, policies, procedures, department personnel rules and regulations, and protocols, in conjunction with the county personnel rules and regulations, will serve as the minimum standards for the department.
(D) 
The fire chief, under the direction of the county manager, 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 fire chief, under the direction of the county manager 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 fire chief, under the direction of the county manager, shall be responsible for implementation and enforcement of fire and safety codes and any ordinance designating fire department services, or the fire marshal as the enforcement agency as now in effect or hereafter adopted by Santa Fe County.
(G) 
The fire chief, under the direction of the county manager, and conferring with district chiefs when appropriate, is hereby authorized to commit department personnel, equipment, and resources, wholly or in part, to emergency fire protection and emergency and non-emergency service delivery, including mutual aid, for the relief of danger to life or property from fire, accident, medical emergencies, explosion or natural disaster, within the department's allocated budget.
(H) 
The fire chief, after conferring with district chiefs, when appropriate, may request that the board of county commissioners or the county manager, as appropriate, enter into agreements, contracts, and working arrangements with other units of government for implementing and administering the provisions of this subchapter.
(I) 
The fire chief, under the direction of the county manager, and conferring with district chiefs when appropriate, shall promulgate departmental rules and regulations and shall enforce departmental rules and regulations for administering disciplinary action for both career and district members, with consultation with the county human resources director.
(J) 
The fire chief, under the direction of the county manager, is authorized to arrange communications systems and networks necessary to adequately alert, dispatch and/or communicate with facilities, equipment, and personnel within Santa Fe County for the purpose of responding to fires, accidents, medical emergencies, explosions, and natural disasters.
(K) 
The fire chief, under the direction of the county manager, and conferring with the district chiefs association, shall establish department rules and regulations, job titles, job descriptions, organizational chart, training requirements, and equal promotion of career and district members. (Note: The extent of DCA involvement is described in section 32.11.)
(Ordinance 2024-11 adopted 12/9/2024)
(A) 
The district chief is a volunteer who has been duly elected by the membership of the fire district, confirmed by the fire chief and serves at the pleasure of the fire chief. The district chief is responsible for collaborating with department personnel to ensure the day-to-day operational activities of the fire district's county-owned stations, apparatus, equipment, supervision of district members, and allocated budget under the direction and supervision of the fire chief. The fire chief may appoint personnel to serve in the role of a district chief in the absence of a qualified district member. If there is no willing or qualified district member to serve in the role of district chief the fire chief may appoint a member of command staff to fill the role of district chief. Should a member of command staff serve in the role of a district chief for greater than two months the fire chief will provide a report to the board of county commissioners at the next regularly scheduled Board meeting.
(B) 
The district chief is responsible for allocated district funds and confers with the fire chief regarding the budgeting and expenditure of funds, which will be reviewed for approval by the fire chief dependent on the fire department's priorities and budgetary constraints.
(C) 
The district chief operates in a community-based position, prioritizing the needs of the community, representing that community in the context of SFCFD, and serving as a conduit for community involvement in department priorities, processes, and operations. The district chief should work to connect the community, and department in this role. The district chief shall confer with neighboring districts, the fire chief, and command staff to establish advantageous response arrangements, protocols, and staffing arrangements to best meet the needs of the district and Santa Fe County Fire Department.
(Ordinance 2024-11 adopted 12/9/2024)
The fire chief shall have the power and authority to deputize willing personnel of Santa Fe County Fire Department, in writing, to perform as official agents of the department including the supervision of 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 2024-11 adopted 12/9/2024)
(A) 
The fire chief, under the direction of the county manager, shall develop standards for the recruitment, application, hiring, training, performance evaluation, and promotion of department personnel.
(B) 
The fire chief, under the direction of the county manager and conferring with the district chiefs association, shall administer a volunteer retention program to develop standards for the recruitment, application, training, performance evaluation and promotion of district members who are equal, in so far as feasible, between career and district members. The application of a prospective district member shall contain an acknowledgment and acceptance of the conditions of district membership in Santa Fe County Fire Department as contained in the rules and regulations.
(C) 
Such 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 the approval of the county attorney and county manager.
(Ordinance 2024-11 adopted 12/9/2024)
(A) 
The fire chief, under the direction of the county manager, shall develop proposed department rules and regulations, as well as modifications to the department rules and regulations, for fire department services 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 approval after review by the County Attorney.
(C) 
Non-emergency department policy, procedure, and direction are conducted by the fire chief, under the authority of the county manager, in consultation with the district chiefs association (DCA). In the event of a lack of response from the DCA in a reasonable timeframe, it shall be assumed the DCA concurs with the county fire chief's direction on the given topic. Any unresolved disagreement between the DCA and fire chief will be evaluated, by the county manager or designee and will serve a determination[,] will be made. Emergency policies, procedure and direction may be issued by the fire chief without consultation with the district chiefs, as needed to protect public health, safety, departmental resources and personnel.
(Ordinance 2024-11 adopted 12/9/2024)
All Santa Fe County Fire Department personnel responding to emergency and non-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 or other licensed practitioner if permitted by state law or internally approved treatment guidelines. The medical director is accountable for developing and updating standing medical protocols and treatment guidelines in coordination with the fire chief or designee. Nothing in this section shall be construed to give the medical director authority to allocate funding.
(Ordinance 2024-11 adopted 12/9/2024)
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:
(1) 
Summarily discipline or dismiss members without appeal to anybody or tribunal;
(2) 
Approve or disapprove all bylaws, rules and regulations of the reserve; and
(3) 
Approve or disapprove all officers, employees or agents of the reserve.
(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) 
(1) 
Each reserve deputy, while on active duty, shall have status as a deputy officer and with the same power and authority, except as restricted or limited by the sheriff.
(2) 
However, each member, when off-duty:
(a) 
Shall not have status as a deputy officer or as a peace officer;
(b) 
Shall not have any power, authority or duties as a deputy sheriff officer or as a peace officer; and
(c) 
Shall not represent, identify or hold himself or herself out to be a deputy sheriff officer or peace officer.
(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)