2013 Kentucky Revised Statutes CHAPTER 39C - STATE AID TO LOCAL EMERGENCY MANAGEMENT PROGRAMS 39C.050 Criteria for funding local emergency management agencies.
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39C.050 Criteria for funding local emergency management agencies.
Local emergency management agencies created pursuant to KRS 39B.010 shall be
eligible to apply for benefits from the fund created pursuant to KRS 39C.010 and
39C.020 if they meet the following criteria:
(1) The local emergency management agency shall have a qualified, duly
appointed local director who is capable of fully executing the duties of the
position pursuant to KRS 39B.030. Unless the local director has already
completed an introductory emergency management course or is determined by
the director to be suitably qualified, during the first year of participation in the
funding program, the local director, whether serving on a voluntary or paid
basis, shall have successfully completed all correspondence courses specified
by the division by administrative regulation. The local director shall also
participate in an emergency management workshop when offered. Unless the
local director has already completed an introductory emergency management
course or is determined by the director to be suitably qualified, each local
director shall also attend an introductory emergency management course when
offered.
(a) In each following year, each local director shall attend an emergency
management workshop, when offered.
(b) In subsequent years, a local director shall continue his or her education
by annually completing advanced instruction offered by the division,
including the training courses and the Emergency Management
Development Program as required by administrative regulations
promulgated by the division. The requirements of this section may be met
by successfully completing related courses offered by federal agencies
and other organizations, as approved by the division.
(2) Each local emergency management agency employee, other than the local
director, whose salary is reimbursed in part by this fund, shall attend one (1)
emergency management workshop at least every other year, and shall
complete other instruction offered by the division as required by administrative
regulations promulgated by the division.
(3) The local director appointed pursuant to KRS Chapters 39A to 39F, shall
develop a local emergency operations plan and appropriate annexes. This plan
shall be subject to concurrence review by the director of the division. In
subsequent years, the plan and all annexes shall annually be reviewed,
updated, approved, and officially adopted in accordance with the provisions of
KRS Chapters 39A to 39F.
(4) During the second and each subsequent year of participation in the program,
the local director shall conduct an exercise to test the local emergency
operations plan in accordance with exercise program requirements and
guidelines of the Federal Emergency Management Agency or the division.
(5) Each local emergency management agency created pursuant to KRS Chapters
39A to 39F shall provide for an organized and designated emergency operating
center in the local jurisdiction from which all operations of the local disaster and
emergency services organization shall be coordinated. This center shall
provide resources for communications, information management, and other
operational capabilities necessary to ensure the coordination of all disaster and
emergency response in the local jurisdiction. The local emergency operations
center shall be a direction and control component of the integrated emergency
management system of the Commonwealth.
(6) Each local emergency management agency shall develop, and submit annually
to the division, a program paper detailing agency administrative data, current
staff personnel listings, a specific work plan of program objectives scheduled
for accomplishment during the next fiscal year, and a budget request. Forms
and guidance materials for this report shall be provided by the division.
(7) Each employee of a local emergency management agency created pursuant to
this chapter with the exception of the local director and each deputy, if the
deputy functions in a policymaking capacity, whose salary is reimbursed in part
or in total with these funds, shall meet the standards of the Kentucky merit
system, or the standards of the Federal Office of Personnel Management or its
successor or local equivalent, when recognized by the director.
(8) In order for a local emergency management agency to participate in the
funding program, one (1) of the following persons shall attend an annual
emergency management workshop:
(a) The county judge/executive;
(b) The deputy county judge/executive;
(c) The mayor of an urban-county government, or of a consolidated local
government, or of the largest city in the county, or the mayor of the city
which is the county seat of the county, or the chief executive of other local
government;
(d) The city manager;
(e) The local emergency management deputy director; or
(f) A member of the fiscal court, urban-county council, or consolidated local
government of the county.
(9) The division shall determine by administrative regulation:
(a) Public officials and disaster and emergency services personnel who may
be reimbursed for attendance at emergency management workshops or
other activities; and
(b) Reimbursements for attending courses and workshops, which shall be
limited as follows:
1.
Reimbursement rates for meals and travel mileage shall not exceed
those for state employees.
2.
Reimbursement shall be made for attending the workshop or course
nearest to the participant's residence. A participant may attend a
workshop at a greater distance but will be reimbursed for meals and
mileage equal to that of attending the nearest workshop or course.
In cases of extreme hardship, the nearest course or workshop
requirement may be waived, in writing, by the director.
(10) The division shall:
(a) Publicize all available state and federal emergency management agency
training courses to mayors, county judges/executive, and local directors;
and
(b)
Assist local personnel listed in this section in gaining entrance to state
and federal emergency management agency training courses.
(11) If, at any time, the director of the division determines that a local emergency
management agency or a local director does not comply with the eligibility
requirements of this section, the director shall notify that local director and the
appointing authorities, in writing, of the intent to deny financial assistance to the
local emergency management agency. The local director shall have ten (10)
working days to come into compliance or otherwise provide information to the
director to justify eligibility for funding. If the director continues to determine that
the local emergency management agency or the local director does not meet
eligibility requirements, the local emergency management agency shall be
ineligible for funds and the director shall notify the local director and the
appointing authorities, of the determination. A local director aggrieved by a
decision of the director may appeal to the Franklin Circuit Court within twenty
(20) days of the receipt of the director's decision. The court's review shall be
from the record and shall not be de novo.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 10, effective July 15, 2002. -Created 1998 Ky. Acts ch. 226, sec. 44, effective July 15, 1998.
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