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Otero County, NM
 
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Table of Contents
Table of Contents
It is the policy of the Otero County Volunteer Fire Departments, through its personnel, to protect life and property through public safety education, fire prevention, fire suppression, emergency medical response and search/rescue.
A. 
Otero County is perpetually open to the recruitment and application of volunteers for departments.
B. 
Otero County defines these volunteers as public safety sensitive personnel whose positions are generally described to those who are directly responsible for the health, safety and welfare of the general populace or protection of critical infrastructures. These positions refer to public utility, communication, water, emergency management, law enforcement, public health, transportation, financial and government systems that are essential to ensuring public safety, national security and the economic stability of the governing body.
C. 
Those volunteers who apply for these positions are subject to a preliminary drug screen, physical and background check and shall continue to have compliance checks performed on a random basis.
D. 
Criminal history.
(1) 
Any volunteer applicant who has criminal history record information indicating a conviction for an offense listed in this subsection may be considered only after a recommendation by the Department Chief and approval by Otero County. (Note: Otero County approval dependent on affirmation by Fire Chief, Emergency Services Director and County Manager.)
(2) 
A conviction for any of the following offenses requires such approval. [Note: Under no circumstances will an application be accepted from anyone who is currently on probation or parole; nor shall anyone convicted of the aforementioned crimes be accepted if that crime or penalty phase has occurred within the past three years for misdemeanors (or equivalent) and 10 years for felonies (or equivalent).]:
(a) 
Knowingly made any false statement or omission on the application or background check documents;
(b) 
Failed to complete preliminary examinations for drug/alcohol or other requirements as directed by the County;
(c) 
Been dismissed from County service as a disciplinary measure;
(d) 
A felony, as defined by state or federal law, or equivalent offenses under the law of another jurisdiction;
(e) 
Any offense requiring registration as a sex offender; or
(f) 
Any conviction that involved theft or violence upon another.
Volunteers must meet the minimum physical requirement standards as listed in Article I.
A. 
Because volunteers are Otero County's most valuable resource, Otero County attempts to ensure a healthy environment for its personnel and the community they serve.
(1) 
Should a volunteer be given a restricted duty or light duty restriction by a physician, it is the volunteer's responsibility to give the department and Otero County full disclosure of those restrictions. The restrictions will remain in place until a qualified medical professional certifies the volunteer's fitness to duty.
(2) 
Should it be evident that an individual cannot perform to the minimum standards set forth in this policy, the department and Otero County reserve the right to have a volunteer seen by a physician to confirm if the person is fit for duty or what restrictions may apply.
(3) 
Work decisions and job duties will be established by the Fire Chief and County with due regard for the employee's medical condition and the clearance provided by the attending physician.
B. 
All medical information will be held in strict confidence in accordance with state and federal laws.
The positions of Chief and Assistant Chief, at a minimum, shall be elected positions within a department and shall be voted upon by the personnel holding active status within the department. Upon the completion of the department's election, the names of the Chief and Assistant Chief shall be forwarded to the Emergency Services Director to obtain all pertinent information related to the position.
Volunteers shall be considered ineligible for service or reinstatement by Otero County if the person has:
A. 
Been dismissed from County service as a disciplinary measure;
B. 
Not been certified by a physician that the applicant can perform the physical requirements as identified in Article I or the essential requirements of active-duty personnel as defined in § 69-27;
C. 
Been convicted of, plead guilty to or entered a plea of nolo contendere to any felony charge to any violation of any federal or state law or local ordinance relating to aggravated assault, theft, controlled substances or other crimes involving other moral turpitude;
D. 
Driving while intoxicated/restricted driving privileges (if only a driver).
*
Under no circumstances will anyone remain an active volunteer who is currently on probation or parole; nor shall anyone convicted of the aforementioned crimes be retained without Otero County approval** if that crime or penalty phase has occurred within the past three years for misdemeanors (or equivalent) and 10 years for felonies (or equivalent). The above list is not necessarily exhaustive and may not include all of the reasons which would make a volunteer ineligible for service or reinstatement.
**
Otero County approval dependent on affirmation by Fire Chief, Emergency Services Director and County Manager.
The Department or County may require an applicant to submit to testing or practical proficiency for certain qualifications to determine eligibility positions of active-duty personnel as identified in § 69-27.
Applicants are required to provide an authorization for the County to check references and do background checks. Only applicants who sign this written authorization will be considered for the department to which they have applied. References provided by applicants will be checked by the County and will coordinate with either the Sheriff's Department to run criminal background checks or through an independent company hired for that purpose.