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. The New Mexico Civil Rights Act could close our doors. 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. QI prevents frivolous and costly lawsuits against civil servants.
The New Mexico Fire Department is 88.6 percent volunteer. Fourteen percent of all fire brigade lawsuits fall under civil rights violations; Most are allegedly denials of due process due to the deprivation of life or property. Without QI, we predict an exodus of volunteers, especially our most knowledgeable firefighters. Many state that under House Bill 4, a person can only sue the entity; 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 may face civil lawsuits. We consulted five lawyers regarding the loss of QI. In two states, the company can compensate losses from individuals. Who would risk that? Even if found not guilty, hours are spent in deposits, in court, and in producing evidence. These stressful lawsuits take away our paid employment and family time.
Fifty-nine percent of the rescue workers in New Mexico are volunteers. We face suspected HIPAA violations and triage situations that will determine who to rescue. We are asked to “stage” prior to entering a scene because of the danger involved, causing delays in medical care and opening EMTs to lawsuits.
Most of our members are considering leaving the fire / rescue service. MVFD / EMS is one of the largest fire departments – 45 members – and EMS divisions – 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 underserved.
In order to retain staff, MVFD is examining individual liability insurance. We know this much: it will be expensive. Without QI, we have offers between $ 1,000 and $ 5,000. Take a look at the MVFD numbers. It costs $ 25,000 to $ 125,000 for firefighters and $ 12,000 to $ 60,000 for rescue workers per year. To put this in perspective, MVFD serves an area of 150 square miles. We have four aging stations, three wildland trucks – $ 130,000 to $ 200,000 each, four structural trucks – $ 200,000 to $ 500,000 each, a medical ambulance, and four command / troop trucks, all of which require constant maintenance. Mayhill EMS receives $ 5,000 to $ 6,000 annually from the NMEMS Bureau, about 25% of our spending. In Flames, MVFD receives $ 172,433 annually for utilities, structural / wild PPE, equipment, trucks, repairs, insurance, and more. VFDs write grants, save, and then borrow.
MVFD has PhD and Masters degrees firefighters / paramedics. We have firefighters who have volunteered for 10 to 25 years. We have professional nurses in our EMS corps. We’re not Yahoo or wannabes. Denying volunteers QI while maintaining immunity to oneself shows the lack of respect New Mexico law has for those in the public service professions. Aren’t we legally guaranteed the same protection?
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