A. The "fire services council" is created to advise the state fire marshal's office on fire and emergency services policy. The council consists of ten members as follows:
(1) the presiding officer or designee of each of the:
(a) New Mexico fire chiefs association;
(b) fire and emergency managers affiliate of New Mexico counties;
(c) New Mexico state firefighters association;
(d) New Mexico emergency medical technician association;
(e) New Mexico fire marshals association;
(f) metro fire chiefs association; and
(g) New Mexico professional fire fighters association;
(2) one person appointed by the governor;
(3) one person appointed by the president pro tempore of the senate; and
(4) one person appointed by the speaker of the house of representatives.
B. The fire services council shall select from among its members a chair and vice chair, who shall serve one-year terms. No member shall serve as chair or vice chair for more than two consecutive years.
C. The fire services council shall meet as frequently as necessary to conduct business or hold hearings but no less than four times per year. A majority of members of the council constitutes a quorum.
D. Council members shall be reimbursed for their per diem and mileage expenses in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Council members shall otherwise serve without compensation.
E. The fire services council is subject to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] and the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. Individual members of the fire services council are subject to the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978] and the Financial Disclosure Act [10-16A-1 to 10-16A-8 NMSA 1978].
F. An employee of the state fire marshal's office who serves as staff for the fire services council shall not reveal to any person, except another council staff person, any requests or statements disclosed in confidence by a council member, except that this restriction shall not apply to any disclosure that is:
(1) protected pursuant to the Whistleblower Protection Act [10-16C-1 to 10-16C-4 NMSA 1978]; or
(2) required by law.
History: Laws 2020, ch. 9, § 53.
Effective dates. — Laws 2020, ch. 9, § 62 made Laws 2020, ch. 9, § 53 effective July 1, 2021.
Structure New Mexico Statutes
Article 52 - State Fire Marshal
Section 59A-52-1 - State fire marshal's office created; state fire marshal created.
Section 59A-52-1.1 - State fire marshal; appointment; powers and duties.
Section 59A-52-2 - State fire marshal to administer article.
Section 59A-52-3 - Deputy state fire marshal and other employees; qualifications of deputy.
Section 59A-52-4 - Bonding of employees.
Section 59A-52-5 - Cooperation with other agencies for prevention and control of fires.
Section 59A-52-6 - Fire protection training programs.
Section 59A-52-8 - Investigation of fire hazards; abatement.
Section 59A-52-9 - May enter upon premises.
Section 59A-52-10 - Investigation of fires and explosions; hearings; use of state police laboratory.
Section 59A-52-11 - Witnesses; per diem and mileage.
Section 59A-52-12 - Records of fires open to public.
Section 59A-52-13 - Transmittal of evidence indicating criminal acts.
Section 59A-52-14 - Appropriations.
Section 59A-52-14.1 - Firefighter training academy; use fee fund created.
Section 59A-52-15 - Fire prevention; public occupancies regulations.
Section 59A-52-15.1 - Fire and smoke damper and fire control systems; commission rules.
Section 59A-52-16 - Flammable liquids rules; nationwide standards; definition.
Section 59A-52-17 - Rules; public hearing.
Section 59A-52-19 - Police power of state fire marshal; cooperation of state officers.
Section 59A-52-20 - Cease and desist orders; certain violations are misdemeanors.
Section 59A-52-21 - Administrative appeal of orders and modifications.
Section 59A-52-22 - Judicial review of order.
Section 59A-52-23 - Enforcement of cease and desist orders.
Section 59A-52-24 - Penalty for violation of law or rules.
Section 59A-52-25 - Penalty for violation of cease and desist order.
Section 59A-52-26 - Volunteer firefighters; stipend.
Section 59A-52-27 - Fire services council created; membership.