What if you called 911 and no one answered? That could happen very soon in rural New Mexico.
Volunteer fire brigades are the only place where political parties, religious differences, and racist and age-related prejudices disappear. We are a family and we are interdependent for the good of our communities. We believe the recently passed and signed New Mexico Civil Rights Act could shut our doors down.
Qualified immunity isn’t just a problem for bad cops. In the fire department, firefighters make big decisions every day that affect people’s lives and safety. Our training helps, of course, but the unpredictable nature of fire makes these decisions difficult. Qualified immunity prevents frivolous and costly lawsuits against these officials.
The New Mexico fire department is 88.6 percent volunteer. Around 14 percent of all fire brigade lawsuits involve violations of civil rights. Most are allegedly denials of due process due to the deprivation of life or property.
Without qualified immunity, we predict an exodus of volunteers, especially our most knowledgeable firefighters. Under House Bill 4, one person can only sue the company. However, if it is believed that despite his training, despite the explosiveness of the situation, and despite his best intentions to consider life safety, a firefighter has not made the correct decision, that firefighter could still face civil lawsuits.
We have consulted five lawyers regarding the loss of qualified immunity. In two states, the company can compensate losses from individuals. Who would risk that? Even if found not guilty, hours could be spent on tipping, in court, and producing evidence. These stressful lawsuits take away our paid employment and family time. Lawsuits burden the staff. Its effects continue. Everyone will hesitate to respond to critical calls and wonder if this is a situation that could lead to a lawsuit. It will be difficult to find someone willing to become an officer and it will be more difficult to recruit new staff.
Another 59.1 percent of EMTs in New Mexico are volunteers. Without qualified immunity, we believe there will be a mass exodus of rescuers who are scared and most likely to face civil lawsuits if that immunity is lost. Neither of us can afford the legal fees of a civil lawsuit, even if we win. Neither of us can afford to repay the company we serve if we meet us personally for all or part of the damage we had to pay.
Most of our members consider leaving the fire / rescue service only because of the loss of qualified immunity. The Mayhill Volunteer Fire / Rescue Service is one of the largest fire departments (45 members) and emergency services (12 rescue workers) in the Sacramento Mountains.
What a shame to tear apart a strong, vital service to rural New Mexico that is making us less safe and even more underserved. In order to keep staff, our department checks an individual liability insurance.
We asked the New Mexico Interim Fire Marshal (the one who never came to the table for the New Mexico Fire Department) if we could even use state fire equipment for such a purchase. He checks it, but hasn’t given us an answer even after three weeks. We know this much: it will be expensive.
Without qualified immunity, we have offers between $ 1,000 and $ 5,000. Look at our numbers. Insurance could cost $ 25,000 to $ 125,000 for firefighters and $ 12,000 to $ 60,000 annually for rescue workers.
To put this in perspective, the Mayhill division serves an area of 150 square miles. We have four aging stations; three Wildland trucks ($ 130,000 to $ 200,000 each); and four structure trucks ($ 200,000 to $ 500,000 each), a medical ambulance, four command / troop vans, all of which require constant maintenance. Mayhill EMS receives $ 5,000 to $ 6,000 annually from the New Mexico Emergency Medical Systems Bureau, about 25 percent of our spending. Our fire department receives $ 172,433 annually for utilities. structural / wildland PSA; Equipment; and trucks, repairs, insurance and more. Volunteer fire departments write grants, save, and then take out loans.
Our department has firefighters / EMTs with Masters degrees and PhDs. We have retired firefighters who have volunteered for 10 to 25 years. We have professional nurses in our EMS corps. We’re not Yahoo or wannabes. Denial of qualified immunity to volunteer firefighters while maintaining immunity for themselves demonstrates the lack of respect New Mexico law has for those in the public service professions. The New Mexico Civil Rights Act could have far-reaching negative consequences for all of New Mexico. Governor Michelle Lujan Grisham, you must remember this law.
Gail Cramer is the assistant chief and paramedic for the Mayhill Volunteer Fire Department. Other authors include Dave Cramer, firefighter; Lisa and Mark Butcher, EMT Directors and EMT-B; and Marina Ellison, EMS Assistant Director, EMT-B for Mayhill VFD and EMS.
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