2014 Kentucky Revised Statutes CHAPTER 39B - LOCAL EMERGENCY MANAGEMENT PROGRAMS 39B.020 Local emergency management director -- Joint appointment of a single local emergency management director -- Qualifications.
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39B.020 Local emergency management director -- Joint appointment of a
single local emergency management director -- Qualifications.
(1)
(2)
(3)
The county judge/executive of each county, the mayor of each city,
consolidated local government, or urban-county government, or the chief
executive of other local government, within thirty (30) days of assuming office
following their election, shall appoint a local emergency management director
who meets all qualifications criteria pursuant to KRS Chapters 39A to 39F, and
shall immediately notify the director of the Division of Emergency Management
of the appointment.
Except in a county containing a consolidated local government, in lieu of
appointing a separate local emergency management director for each
jurisdiction, the county judge/executive of a county and mayors of cities or
urban-county governments, or the chief executive of other local government
located within the territorial boundaries of the same county, or two (2) or more
counties acting jointly under the provisions of KRS 39B.010 may jointly appoint
a single local emergency management director who meets all the qualifications
criteria pursuant to KRS Chapters 39A to 39F. It is the policy of the Division of
Emergency Management to encourage and support the joint appointment of a
single local director in each territorial county, or counties acting jointly, of the
Commonwealth. The duly appointed local emergency management director
shall direct, control, and manage all the affairs of the local emergency
management agency and comprehensive emergency management program of
the jurisdictions wherein appointed.
A local emergency management director appointed under the provisions of
subsection (1) or (2) of this section shall serve at the pleasure of the appointing
authority, but shall serve not longer than four (4) years without reappointment
and, in addition to any local requirements, shall meet the qualification
requirements listed in this subsection:
(a) The local director shall be a high school graduate with an additional three
(3) years of experience in business administration, government planning,
industrial or commercial planning, public safety, management of
emergency services, or related community or governmental service.
Management level experience may not be substituted for high school
education. Education at an accredited college or university may be
substituted for experience on a year-for-year basis.
(b) The local director shall be a resident of the Commonwealth of Kentucky
and a county served.
(c) The local director shall hold no partisan elective office, nor file for, seek,
or campaign for any partisan elective office while holding the position of
local emergency management director.
(d) The local director shall be routinely available to respond to emergency
scenes, command posts, or emergency operations centers to coordinate
emergency response of all local public and private agencies and
organizations; to perform necessary administrative, planning, and
organizational duties; to complete and submit required reports, records,
emergency operations plans, and documents; to attend required training;
and to attend meetings convened by the appointing authority or the area
(4)
(5)
manager of the division.
1.
If the local director is also a full-time or part-time employee of the
federal or state government, the local director shall have written
authorization from the appropriate appointing authority to hold the
position of local emergency management director and to fully
comply with the provisions of paragraph (d) of this subsection. A
copy of the written authorization shall be submitted to the division at
the time of appointment.
2.
If the local director is also a full-time or part-time employee of a city,
county, urban-county government, or charter county government in
another capacity, that government shall enact an official city or
county order or ordinance specifying that the individual appointed as
local emergency management director shall fully comply with the
provisions of paragraph (d) of this subsection. The order or
ordinance shall also specify that the individual, when performing the
duties of local emergency management director, shall relinquish all
authorities and responsibilities associated with any other
governmental employment and shall indicate another person, by
name or position, to assume those authorities and responsibilities
until such time as the local director shall cease to function as local
emergency management director. A copy of the enacted order or
ordinance shall be submitted to the division at the time of
appointment. The city, county, urban-county government, or charter
county government shall not seek reimbursement from the division
for the local director's salary for any time spent in another capacity.
3.
If the local director is also a full-time or part-time employee in the
private sector, the local director shall have a letter from each
employer stating that the local director shall, without penalty or
exception, be permitted to fully comply with the provisions of
paragraph (d) of this subsection. A copy of the letter from each
employer shall be submitted to the division at the time of
appointment.
4.
If the local director is self-employed, the local director shall certify at
the time of appointment, by letter to the director of the division, that
the local director's schedule shall permit full compliance with the
provisions of paragraph (d) of this subsection.
A local director whose salary has been reimbursed by the division prior to
January 1, 1994, shall not be subject to the provisions of subsection (3)(a) of
this section, so long as remaining continuously in that position for the
appointing jurisdiction.
A local director whose salary is reimbursed in part or in full by the Division of
Emergency Management pursuant to KRS 39C.010 and 39C.020, shall also
meet any other requirements of KRS Chapters 39A to 39F and any
requirements which may be imposed by the Federal Emergency Management
Agency, or its successor.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 99, sec. 4, effective July 15, 2014. --
Amended 2002 Ky. Acts ch. 346, sec. 9, effective July 15, 2002. -- Created 1998
Ky. Acts ch. 226, sec. 30, effective July 15, 1998.
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