A new volunteer shall serve a probationary period of three months,
beginning on the first duty day. The probationary period is an integral
part of the evaluation process and is utilized for observing the volunteer's
performance and obtaining the most effective adjustment of a new person
to a position. The volunteer must achieve a satisfactory performance,
or better, by the end of the probationary period. If the volunteer
satisfactorily completes the probationary period, he/she will become
active-duty personnel. If the volunteer does not satisfactorily complete
the probationary period, he/she will be dismissed from volunteer status.
NOTE: The probationary period may be extended, at the discretion of
the County or Fire Chief, for further evaluation if required.
All Fire Chiefs and volunteers are prohibited from:
A.
Using official authority or influence for the purpose of interfering
with or affecting the result of an election or a nomination for office,
or for any other political purpose.
B.
Directly or indirectly coercing, attempting to coerce, commanding
or advising a state or local official, employee or volunteer to pay,
lend, or contribute anything of value to a party, committee or organization,
agency, or person for a political purpose.
C.
Threatening to deny promotions to anyone who does not vote for certain
candidates, requiring volunteers to contribute to a political fund,
influencing subordinates to buy tickets to political fund-raisers
and similar events, advising volunteers to take part in political
activity and matters of a similar nature.
D.
Engaging in political activity while on duty.
E.
Using any County-owned equipment, supplies, vehicles, space or property
for political purposes.
No volunteer shall engage in any business or transaction or
accept private employment or other public employment or public office
which is incompatible with the proper discharge of the volunteer's
responsibilities, or which gives the appearance of impropriety. Determination
of a conflict shall be made by the Emergency Services Director, upon
consultation with the County Manager.
The County will not tolerate disparaging conduct of verbal,
nonverbal and/or physical nature by any volunteer against another
volunteer or employee on the grounds of race, color, religion, sex,
sexual orientation, gender identity, national origin, disability,
age, spousal affiliation or any other protected class. Anyone violating
the provisions of this section will be subject to disciplinary action
up to and including being dismissed from volunteer status. All volunteers
are responsible for knowing and following this policy.
A.
Otero County is committed to taking reasonable steps to provide a
professional working environment free from all forms of harassment,
whether based on sex, sexual orientation, gender identity, race, color,
religion, national origin, age, disability, spousal affiliation, or
any other protected classification. This means that verbal or physical
conduct that singles out, denigrates or shows hostility or aversion
toward someone because of race, religion, color, national origin,
age, disability, veteran status, citizenship or any other characteristic
protected by law is also prohibited.
B.
The County will not tolerate verbal or physical conduct by any volunteer
which harasses, disrupts or interferes with another volunteer's
or any county employee's work performance or which creates an
intimidating, offensive or hostile environment. This provision applies
to all employees, elected officials and volunteers. Any such behavior
shall be reported immediately to an affected volunteer's or county
employee's immediate supervisor, following the department's
chain of command, for guidance and a prompt, confidential investigation.
If the complaint involves the volunteer's or county employee's
immediate supervisor or if the problem continues, the volunteer or
county employee may contact the County Emergency Services Director
or his/her designee. Volunteers may be assured that appropriate corrective
measures will be taken and that there will be no retaliation for having
filed a complaint of harassment. The volunteer making the report shall
be informed of the findings and conclusions of investigations. Anyone
violating the provisions of this section will be subject to disciplinary
action up to and including dismissal from any or all County Fire Departments.
Sexual harassment can occur in a variety of forms and is unlawful
discrimination. Sexual harassment in any form is strictly prohibited,
whether directed at volunteers, customers or others. It is the policy
of this County to ensure a work environment free of sexual harassment.
A.
Unwelcome sexually oriented behavior, sexual advances, request for
sexual favors, sexual demands, or other verbal, nonverbal, physical,
or visual conduct of a sexual nature will constitute sexual harassment
when:
(1)
Submission to the conduct is either an explicit or implicit term
or condition of being a volunteer.
(2)
Submission to or rejection of the conduct shall be used as a basis
for decision making.
(3)
The conduct has the purpose of affecting or unreasonably interfering
with a volunteer's performance, or creating an intimidating,
hostile, or offensive work environment.
(4)
In third-party situations, one individual is offended by the sexual
interaction, conduct, or communications between others.
B.
The County expects that volunteers will treat one another with courtesy,
dignity, and respect. Sexual harassment is a form of misconduct, which
constitutes a serious offense and subject offenders to disciplinary
action, up to and including being dismissed from volunteer status.
C.
The County will exercise reasonable care to prevent or correct any
sexually harassing behavior by providing training, by enacting this
policy, by launching prompt, thorough, and impartial investigations
of any complaints, and by enforcing appropriate disciplinary actions.
Department command staff is responsible for complying with this policy
and any victim of perceived harassment is responsible for reporting
sexual harassment complaints or observations to the Chief, County
Emergency Services Director, or County Human Resources Director. In
addition, each Chief is responsible for distributing this policy to
all volunteers and, where appropriate, including it in new candidate
orientation material.
D.
To avoid misunderstandings about what might constitute sexual harassment,
the following examples are submitted but are not all-inclusive of
what could constitute sexual harassment:
(1)
Repeated, unwanted social invitations.
(2)
Touch, e.g., hugs, brushing against, massages, fanny pats, hip-grinds,
and behavior that, if it occurred to a stranger on the street, would
subject the volunteer to charges of molestation, indecent exposure,
assault, or rape.
(3)
Sexual gestures or other offensive body movements, e.g., "the finger,"
or grabbing personal areas of the body.
(4)
Sexually suggestive or abusive talk, e.g., dirty jokes, sexual innuendoes,
talking about body parts, and repeated, unwanted, sexually explicit
invitations; bragging or speculating about one's own or others'
sexual performance.
(5)
Offensive printed or written materials, display of sexually oriented
visual items such as calendars, cartoons, photos or posters.
(6)
Discussing their sexual preference, sexual relationships or even
sexual matters seen on TV, YouTube, movies or other formats, including
books and magazines.
(7)
Any conduct that ridicules, or is malicious or abusive to any individual
because of the individual's gender, sex, sexual orientation,
gender identity, race, color, religion, national origin, age, disability,
spousal affiliation, or any other protected classification.
(8)
Asking questions of a sexual nature.
(9)
Threats or retaliation against a volunteer or employee who refuses
unwelcome sexual attention or sexual behavior.
(10)
Overt promises or practices that imply preferential treatment
for anyone in exchange for dates, sexual attention or sexual behavior.
E.
The County will provide departments with sexual harassment prevention
training which explains prohibited conduct, outlines the County's
complaint procedure, and details disciplinary and corrective actions.
This training will be passed down through the chain of command of
the department, or can be attended at Otero County Administration
by volunteers during County employee training courses. The County
will not permit retaliation against anyone who brings a complaint
or speaks as a witness in a sexual harassment investigation. Retaliation,
reprisal, or other adverse action for making a complaint or report
of harassment in good faith or for assisting in the investigation
of any such complaint is absolutely prohibited. Any incident of retaliation
or intimidation should be immediately reported to the highest ranking
officer within the department or the Emergency Services Director and
the person or persons initiating such behavior will be subject to
disciplinary action up to and including being dismissed from volunteer
status.
Volunteers experiencing or witnessing sexual harassment must
immediately report it to the Chief or Emergency Services Director.
Volunteers failing to report sexual harassment may be subject to disciplinary
action up to and including being dismissed from volunteer status.
The County shall promptly, thoroughly, and impartially investigate
any complaint or report of any violation of this policy. Investigations
will be initiated within three business days after receipt of a complaint.
To the extent possible, the volunteer's confidentiality and that
of any witness(es) and the alleged harasser will be protected against
unnecessary disclosure. However, the immediate supervisor or Chief
shall be notified unless he/she is the alleged harasser. The County
will take prompt disciplinary and/or remedial action for violations
of this policy. Such discipline may range from a verbal warning to
dismissal from volunteer status. The affected person will be informed
of the findings when the investigation is complete. The County takes
complaints of violations of these provisions seriously. In addition,
false or dishonest complaints or reports are also a violation of these
provisions. The responsible party may be subject to disciplinary action
up to and including being dismissed from volunteer status.
The County of Otero is a drug-free workplace and adopts this
policy in accordance with the Drug Free Workplace Act (41 U.S.C. § 701).
The Drug and Alcohol Policy applies to all volunteers of Otero County.
This policy replaces any and all previous policies or practices. This
policy is effective immediately. Violation of this policy is cause
for dismissal from volunteer status with the County.
A.
All County volunteers are strictly prohibited from:
(1)
Using or being under the influence of illegal drugs to any degree
while actively engaged in the duties of volunteering, including, but
not limited to, official functions, lunch periods, breaks, or while
on call;
(2)
Consuming alcohol or having sufficient quantities of alcohol in the
volunteer's system to impair mental or bodily functions to any
degree while actively engaged in the duties of volunteering, including,
but not limited to, official functions, lunch periods, breaks, or
while on call;
(3)
Using or being under the influence of prescription or over-the-counter
drugs while actively engaged in the duties of volunteering to the
extent that the use of any such legal drug may affect the safe and
efficient performance of the volunteer's duties, or may endanger
the safety of other volunteers, County employees or members of the
public;
(4)
Possessing, selling, transferring, or purchasing illegal drugs or
alcohol during duty hours, while on County property, or while operating
County-owned vehicles or equipment.
B.
Drug and alcohol test refusal and positive test result. Refusal of
a drug and alcohol test will lead to immediate dismissal. Volunteers
who test positive shall be subject to disciplinary action up to and
including dismissal.
C.
Post-accident/injury testing.
(1)
All Otero County volunteers, while performing department duties,
are subject to post-accident or post-injury drug and alcohol testing.
(2)
Otero County shall conduct post-accident and post-injury drug testing
on all volunteers whose actions or conduct contributed to an accident
or injury and cannot be completely discounted as a contributing factor
to the accident. Testing will be conducted as soon as practical after
an accident or injury in accordance with the following:
(3)
Any person not reporting an accident shall be subject to disciplinary
action.
D.
Reasonable suspicion testing. Any volunteer may be drug/alcohol tested
based on a belief drawn from specific, objective, particular facts
and/or reasonable inferences drawn from those facts in light of experience.
Reasonable suspicion may be based upon, but is not limited to, the
following:
(1)
Observable phenomena, such as direct observation of drug/alcohol
use and/or the physical or mental symptoms or manifestations of being
under the influence of drugs or alcohol;
(2)
Abnormal conduct or erratic behavior while on duty, absenteeism,
tardiness, or deterioration in work performance;
(3)
A report of drug/alcohol use provided by a credible eyewitness with
first-hand knowledge which has been independently corroborated;
(4)
Evidence that an individual has tampered with a drug/alcohol test
while volunteering with the County;
(5)
Evidence that a volunteer has caused or contributed to an accident
while volunteering;
(6)
Evidence that a volunteer is involved in the use, possession, sale,
solicitation, or transfer of drugs while volunteering for the County
or while on the County's premises, or while operating a County
vehicle, machinery, or equipment.
E.
Written request for retest. The volunteer may request in writing,
within five calendar days from the date of final test results from
the MRO for any random, post-accident, or reasonable suspicion, a
retest of the same specimen at the individual's expense. The
volunteer may request the testing at a different laboratory, following
the proper chain of custody. The volunteer may also discuss positive
test results with the MRO and may provide a valid prescription for
positive test result to the MRO.
F.
Drug-Free Workplace Act notification. Any volunteer convicted of
a drug or alcohol violation shall inform the Fire Chief or Emergency
Services Director in writing of the conviction no later than five
calendar days after the conviction. If required by the Drug-Free Workplace
Act, the Emergency Services Director shall inform the appropriate
federal agency of the conviction. That volunteer shall automatically
be subjected to reasonable suspicion drug and alcohol testing for
60 months and must complete an acceptable rehabilitation program before
returning to duty. Failure to notify the Fire Chief or the County
may result in dismissal.
G.
Authorized testing. Continued volunteer status with the County necessitates
that an individual must comply with the Drug-Free Workplace Act and
this policy. Refusal to submit to testing, refusal or failure to produce
an adequate specimen within two hours upon arrival at the collection
site, a positive test result, or tampering with a specimen is cause
for dismissal.
H.
Confidentiality of records. All drug and alcohol testing information
is confidential and should be treated as such by anyone authorized
to review or compile records. All records will be stored within the
Otero County Administration Building.
I.
Disciplinary action. Otero County has zero tolerance for drug and
alcohol in the workplace. Any volunteers testing positive for a controlled
substance or a 0.04 alcohol level or greater, or a refusal to take
a post-accident test, reasonable suspicion drug testing, or random
drug and alcohol testing shall be subject to disciplinary action up
to and including dismissal. If a volunteer tests positive for drugs
or alcohol, the volunteer will be suspended from volunteer status
pending disciplinary action and/or rehabilitation alternatives.
J.
Drug and alcohol concentrations. Concentrations of an illegal drug
or alcohol at or above the following levels [in nanogram/milliter
(ng/ml)] shall be considered a positive test result after a confirmatory
GC/MS test of:
|
Substance
|
Level
(ng/ml)
| |
|---|---|---|
|
Marijuana metabolite (THC)
|
50
| |
|
Cocaine metabolite
|
150
| |
|
Opiates
|
2000
| |
|
Codeine
|
2000
| |
|
Phencyclidine
|
25
| |
|
Amphetamines
|
500
| |
|
Methamphetamine
|
500
| |
|
Alcohol/Ethanol
|
20
| |
|
Benzodiazepine
|
200
| |
|
Propoxyphene
|
150
|
K.
Permissive use of prescribed and over-the-counter drugs. The legal
use of prescribed and over-the-counter drugs is permitted while on
the premises of Otero County, while on duty, while conducting County-related
business or other activities off premises, while driving a County-owned
or leased vehicle, or while operating or using other County-owned
or leased property or equipment only if it does not impair the ability
to perform the essential functions of the job (or operate the vehicle,
property or other equipment) effectively and in a safe manner that
does not endanger the citizens or other individuals in the workplace.
Examples of impairment include, but are not limited to, drowsiness,
dizziness, confusion or feeling unsteady.
L.
Mandatory disclosure by volunteers. Volunteers taking prescription
medication and/or over-the-counter medication must report such use
to either their Fire Chief or the Emergency Services Director if there
is a reasonable likelihood the medication will impair their ability
to perform the essential functions of their job (or operate a vehicle
or other equipment, if applicable) effectively and in a safe manner
that does not endanger the citizens or other individuals in the workplace.
Examples of impairment include, but are not limited to, drowsiness,
dizziness, confusion or feeling unsteady.
