By Jeff Proctor
The Albuquerque Journal
ALBUQUERQUE, N.M. — Albuquerque Fire Department officials for the past few months have been wrestling with how to write some teeth into a policy that deals with firefighters who get arrested driving drunk.
On Tuesday, they were confronted with yet another example of the need for such a policy when, according to a criminal complaint filed in Metropolitan Court, Michael Gutierrez, a 29-year-old, six year AFD veteran, drove away from a Northeast Heights strip club and was arrested on suspicion of DWI.
Gutierrez is the 12th Albuquerque firefighter arrested on drunken driving charges since January 2009. Another half-dozen have been arrested on other charges, including public affray and domestic violence, during that time frame.
It’s a tricky proposition, officials say, because outgoing Mayor Martin Chávez signed a memorandum of understanding with the fire union that prohibits the department from terminating its employees after a first-offense DWI unless the employee has a history of violating policies.
“Our hands are somewhat tied due to contractual issues (stemming from) an MOU signed by the previous administration,” AFD Deputy Chief Craig Sadberry said Wednesday. “But we’re taking some positive steps toward a much harder line on things like DWI.”
Sadberry said a new department policy should be finalized in the next week or so.
An Albuquerque police officer stopped Gutierrez on San Mateo NE after Gutierrez ran a stop sign, the complaint states. The firefighter had no insurance on his vehicle and had used a black marker to doctor the registration tag on his license plate.
Gutierrez admitted drinking one mixed drink, the complaint reads.
His blood-alcohol concentration was measured at or above the state’s presumed level of intoxication, which is 0.08 percent.
The officer took Gutierrez to the Metropolitan Detention Center, where he was booked on charges of DWI, no insurance, no registration and a stop sign violation. He was released on his own recognizance a few hours later.
Sadberry said Gutierrez has been placed on administrative duties with the city’s Animal Welfare Department.
Whether he gets to stay on with AFD will depend on several factors, including previous infractions in his personnel file, Sadberry said.
Gutierrez has been suspended at least twice, Sadberry said: after an arrest for an “altercation” in Tempe, Ariz., a few years ago; and for using vacation time he hadn’t accrued.
Gutierrez was arrested on suspicion of drinking in a city park in Albuquerque in 2005, court records state. That charge was later dismissed.
Sadberry said Gutierrez’s spotty personnel record will be taken into consideration when fire officials decide whether to keep him on the department.
Tuesday’s arrest was Gutierrez’s first for drunken driving.
Copyright 2010 Albuquerque Journal