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COUNTY ORDINANCES

The Legal Department represents San Juan County and the Board of County Commissioners in legal matters and provides legal advice and assistance to the County Manager and staff. The Legal Department does not provide legal advice or assistance to the general public on private legal matters.

SAN JUAN COUNTY FIRE AND EMERGENCY SERVICES ADMINISTRATION

Providing for the administration of the San Juan County Fire Department, including individual fire districts, including both paid and volunteer personnel; assigning responsibilities for coordinated fire prevention, fire suppression, emergency medical services, and other emergency services including but not limited to mutual aid and cooperation with fire departments or other emergency services of government; establishing policy for implementation of fire department and emergency services plans and programs, promulgation of rules, regulations, medical protocols and standard operating procedures for the operation of the department including personnel rules and regulations for both paid and volunteer personnel.

Be it ordained by the Board of County Commissioners of the County of San Juan, New Mexico:

SECTION 1: SHORT TITLE

This ordinance may be cited by number or as the San Juan County Fire and Emergency Services Administrative Ordinance.

SECTION 2: REPEALER

Any other ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.

SECTION 3: PURPOSE

The organization, administration and operation of the San Juan County Fire Department is herein established and governed by the San Juan County Board of County Commissioners, through the office of the Chief of the Department.

SECTION 4: AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES

Joint resolutions, memoranda of understanding, joint powers agreements and mutual aid agreements between San Juan 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 ordinance, are hereby expressly authorized when drawn or made in conformity to the intent and meaning of this ordinance and upon approval by the San Juan County Commission.

 

 

San Juan County Ordinance

Providing for the Administration of the

San Juan County Fire Department

Page 1

SECTION 5: POLICY

The quality of life of the citizens of San Juan County is enhanced by the vigorous

administration of effective fire prevention, fire suppression, emergency medical services and other emergency services administered by San Juan County.

The San Juan 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 San Juan County.

Providing these services is consistent with the constitutionally prescribed

functions of government to provide for the health, safety and welfare of the general public.

It is the policy of San Juan County to provide staffing, funding and equipment for

the San Juan County Fire Department and its individual fire districts within available resources

consistent with the standards of local, state and national authorities.

The San Juan 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. The Chief shall work in cooperation with each District Chief to

monitor, oversee, direct and coordinate the activities of each fire district. Those fire district

boundaries presently existing are hereby ratified, subject to the continued power of the Board of

County Commissioners in the future.

San Juan County recognizes that some private, non-profit, corporations or other

organizations perform useful functions in support of the Fire Department and fire districts. Private corporations or other organizations have no authority to manage the operations of the Fire Department, or any part thereof, including fire districts. The services provided by the San Juan County Fire Department are exclusively governmental activities.

SECTION 6: COOPERATION WITH PRIVATE, NON-PROFIT, AUXILIARY

ORGANIZATIONS

In consideration of the services provided by the private, non-profit, auxiliary

organizations in support of the San Juan County Fire Department, the Chief, after conferring with

the District Chief, is authorized to enter into agreements with such organizations to allow the use of fire stations by such organizations for meeting, fund raising and social events, provided that any fund raising activities clearly state that the funds raised are being paid to such organizations and are not being paid to, or under the control of, San Juan County.

Such Auxiliary organizations may also enter into agreements with the Chief to perform other functions related to fire, life, property and public safety.

 

San Juan County Ordinance

Providing for the Administration of the

San Juan County Fire Department

Page 2

SECTION 7: RESPONSIBILITIES AND AUTHORITY OF THE CHIEF

The Chief of the San Juan 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 and the Board of County Commissioners.

All revenue sources characterized as public funds requires Board approval prior to

expenditure. As such the Board directs the Chief to review and approve any expenditure

requested by a District Chief. The Chief, acting as the representative of the Board, shall review

such requests for compliance with all applicable statutes, ordinances, and rules and regulations.

The Chief, under the direction of the County Manager, and after conferring with

the San Juan County Fire Chief= s 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. 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. These standards, policies, procedures, department personnel rules and regulations and protocols will collectively serve as the minimum standard for the department.

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.

The Chief, under the direction of the County Manager and after conferring with

the San Juan County Fire Chief= s 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.

The Chief shall be responsible for implementation and enforcement of fire and

safety codes and any ordinances designating the San Juan County Fire Department or the Fire Marshal as the enforcement agency as are now in effect or hereafter adopted by San Juan County.

The Chief, after conferring with the District Chief to the extent it is practical to do

so, 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 a fire, accident, medical emergencies, and explosions or natural disasters.

 

San Juan County Ordinance

Providing for the Administration of the

San Juan County Fire Department

Page 3

H. The Chief, after conferring with the District Chief to the extent it is practical to do

so, is authorized to enter into agreements, contracts and working arrangements with other units of government for implementing and administering the provisions of this ordinance following approval of the County Manager or the Board of County Commissioners as appropriate.

The Chief, under the direction of the County Manager and after conferring with

the San Juan County Fire Chief= s 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 San Juan County for the purpose of responding to fires, accidents, medical emergencies, rescues, explosions and natural disasters.

K. The Chief, under the direction of the County Manager and after conferring with

the San Juan County Fire Chief= s 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.

SECTION 8: RESPONSIBILITIES AND AUTHORITIES OF THE DISTRICT

CHIEF

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.

The District Chief is responsible for managing the day to day operational activities

of the fire district county owned stations, apparatus and equipment.

The District Chief shall be responsible for supervising assigned department

personnel, both paid and volunteer.

The District Chief shall be responsible for the expenditure of funds allocated to

the fire district.

San Juan County Ordinance

Providing for the Administration of the

San Juan County Fire Department

Page 4

 

SECTION 9: RESPONSIBILITIES AND AUTHORITIES OF OTHER

DEPARTMENT PERSONNEL

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.

SECTION 10: RECRUITMENT, APPLICATION, TRAINING, PERFORMANCE

AND RETENTION OF PERSONNEL

The Chief shall, in cooperation with the County Human Resources

Department and after conferring with the San Juan County Fire Chief= s Association, administer a volunteer retention program to develop standards for the recruitment, application, training, performance evaluation and promotion of volunteer personnel which are equal, in so far as feasible, between paid and volunteer personnel. The application of a perspective volunteer shall contain an acknowledgment and acceptance of the conditions of volunteer membership in the San Juan County Fire Department as contained in the Rules and Regulations.

The Chief shall, in cooperation with the County Human Resources Department

and after conferring with the San Juan County Fire Chief= s Association, develop standards for the recruitment, application, hiring, training, performance evaluation and promotion of department employees.

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 San Juan County Fire Department following review by the County Attorney and County Manager.

SECTION 11: PROCEDURE FOR ADOPTION OF DEPARTMENT RULES AND

REGULATIONS

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 after conferring with the San Juan County Fire Chief= s Association after the final adoption of this ordinance.

Proposed Rules and Regulations as well as modifications to the Rules and Regulations shall be made and forwarded to the County Manager for review. The County Manager will review the modifications and report findings to the Board of County Commissioners. The Board of County Commission shall, through resolution, approve or disapprove any and all Rules And Regulations.

 

San Juan County Ordinance

Providing for the Administration of the

San Juan County Fire Department

Page 5

SECTION 12: CREATION OF THE FIRE DEPARTMENT ADVISORY

COMMITTEE

There is hereby created a Fire Department Advisory Committee.

The Fire Department Advisory Committee shall consist of the members of the San

Juan County Fire Chief= s Association.

The sitting president of the San Juan County Fire Chief= s Association shall serve

as the Chairman of the Committee. This member shall serve a term equal to his or her term as chairman of the San Juan County Fire Chief= s Association.

The Fire Department Advisory Committee shall meet on a regular basis at least

once each quarter 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 San Juan County Fire Department.

E. Specifically the Fire Department Advisory Committee shall:

Be instrumental in the application and selection process of the Chief of the Department; and

Be actively involved in the strategic planning for the department including recommendations for major capital expenditures for fire districts, staffing levels, training standards, medical protocols and standard operating procedures.

The Fire Department Advisory Committee shall not:

Be involved in the disciplinary action, suspension, demotion or dismissal of paid or volunteer members of the Fire Department; or

Order the expenditure of public funds.

SECTION 13: MEDICAL CONTROL

All San Juan 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 under the prior authorization and supervision of the San Juan County Fire Department Medical Director. All firefighters shall operate solely within their scope of practice as defined by the New Mexico State EMS Criteria and San Juan County Medical Protocols. The medical director shall have responsibility and authority which includes medical protocols. Nothing in this section shall be construed to give the Medical Director authority to allocate funding.

San Juan County Ordinance

Providing for the Administration of the

San Juan County Fire Department

Page 6

SECTION 14: SEVERABILITY

If any section, subsection, sentence, clause, word or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of County Commissioners of the County of San Juan hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, words or phrases be held unconstitutional or otherwise invalid.

SECTION 15: EFFECTIVE DATE

This ordinance shall take effect and be in force thirty days after its final publication as provided by law.

Originally adopted this 3rd day of October, 2001 by the Board of County Commissioners of the County of San Juan, New Mexico.

 

Board of County Commissioners

/s/ Steve Neville

CHAIRMAN

Attest: /s/ Fran J. Hanhardt

Approved as to form: /s/ R. Thomas Dailey

San Juan County Ordinance

Providing for the Administration of the

San Juan County Fire Department

Page 7

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