2014 Kentucky Revised Statutes
CHAPTER 39B - LOCAL EMERGENCY MANAGEMENT PROGRAMS
39B.030 Powers, authorities, rights, and duties of local director -- Development of organizational structure.
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<![CDATA[39B.030
Powers, authorities, rights, and duties of local director -Development of organizational structure.
A local emergency management director, appointed pursuant to this chapter, shall
have the following powers, authorities, rights, and duties:
(1) To represent the county judge/executive, or chief executive officers in the case
of counties acting jointly under KRS 39B.010, or mayor on all matters
pertaining to the comprehensive emergency management program and the
disaster and emergency response of the county, counties acting jointly under
KRS 39B.010, urban-county, charter county, or the county or counties acting
jointly and the cities therein, unless there is a local director appointed for a city
in accordance with this chapter, who represents that city;
(2) To be the executive head and chief administrative officer of the local
emergency management agency, and to direct, control, supervise, and
manage, the development, preparation, organization, administration, operation,
implementation, and maintenance of the comprehensive emergency
management program of the county, counties acting jointly under KRS
39B.010, urban-county government, charter county government, or the county
or counties acting jointly and the cities therein, and to coordinate all local
disaster and emergency response, unless there is a local director appointed for
a city in accordance with this chapter, who represents that city;
(3) To develop and maintain a local emergency operations plan entitled "county
emergency operations plan," or "joint counties emergency operations plan," or
"city emergency operations plan," or "city/county emergency operations plan,"
as appropriate, the provisions of which shall establish the organizational
structure to be utilized by local government to manage disaster and emergency
response, and set forth the policies, procedures, and guidelines for the
coordination of all disaster and emergency response in the county and all the
cities therein for an emergency, declared emergency, disaster, or catastrophe.
The local emergency operations plan shall be developed consistent with the
appropriate provisions of the Kentucky emergency operations plan, the
provisions of KRS Chapters 39A to 39F, planning guidance issued by the
division, and administrative regulations promulgated by the division. The local
emergency operations plan shall be officially adopted by signed executive
order of the county judge/executive or mayor, or in the case of counties acting
jointly under KRS 39B.010, by all chief executive officers of the participating
counties. The executive order shall be filed with the office of the clerk for the
local jurisdiction and a copy placed in the local emergency operations plan. A
copy of the local emergency operations plan, and all revisions or updates
thereto, shall be submitted by the local director to the Division of Emergency
Management for concurrence review and reference. The local emergency
operations plan shall be a component of the integrated emergency
management system of the Commonwealth, and subject to the Kentucky
Emergency Operations Plan, shall be the primary local strategic planning
document governing the coordination of all disaster and emergency response
in the county, counties acting jointly under KRS 39B.010, city, or the county or
counties acting jointly and the cities therein, and shall be applicable to, utilized
by, and adhered to by, all local emergency response departments, agencies,
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and officials of the local disaster and emergency services organization in the
county and the cities therein. The local emergency operations plan shall be
updated not less than annually;
To establish and maintain a local disaster and emergency services
organization in accordance with the local emergency operations plan, the
Kentucky Emergency Operations Plan, and the provisions of KRS 39B.050;
To notify the county judge/executive, mayor, or executive authority of other
local governments and the Division of Emergency Management immediately of
the occurrence, or threatened or impending occurrence, of any emergency or
disaster, and recommend any emergency actions which should be executed;
To be the chief advisor to, and the primary on-scene representative of, the
county judge/executive, mayor, or executive authority of other local
governments in the event of occurrence of any emergency, declared
emergency, disaster, or catastrophe within the local jurisdiction;
(a) To respond and have full access to the scenes of an emergency,
declared emergency, disaster, or catastrophe to immediately investigate,
analyze, or assess the seriousness of all situations; to coordinate the
establishment and operation of a local incident command or management
system; to execute the local emergency operations plan, as appropriate;
to activate the local emergency operations center or on-scene command
post; to convene meetings, gather information, conduct briefings, and to
notify the division of on-going response actions; and fully expedite and
coordinate the disaster and emergency response of all local public and
private agencies, or to have a staff assistant do so;
(b) At a declared emergency or declared disaster, at the direction of the
county judge/executive or mayor, as appropriate, to take or direct
immediate actions to protect public safety; however, this paragraph shall
not preclude a local director from providing any assistance that he is
requested to, and is able to, provide at any emergency.
To act as an official representative of the division in emergency situations
when specifically requested by the director;
To report directly to the county judge/executive, mayor, or executive authority
of other local governments, act in an official policy-making capacity when
carrying out the duties of local emergency management director, and exercise
full signatory authority for execution of all contracts, agreements, or other
official documents pertaining to the administration and operation of the local
emergency management agency and program;
To direct or supervise all paid or volunteer emergency management staff
assistants or other local emergency management agency workers, and all
operating units or personnel officially appointed and affiliated with the local
disaster and emergency services organization pursuant to KRS 39B.070;
To prepare and submit regular or scheduled program activity reports to the
area manager of the division and local chief executives;
To execute bond, if appropriate, in the amount determined by the appointing
authorities;
Annually, by the first day of March, to prepare and submit a program budget
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request to the county judge/executive and mayor;
Annually, by the fifteenth day of July, to prepare and submit to the division a
locally-approved, fiscal year program paper and budget request;
To perform all administrative, organizational, or operational tasks required by
the provisions of this chapter, or administrative regulations, or program
guidance pertaining thereto;
To be a registered member of the Kentucky Emergency Management
Association or other professional emergency management organization; and
To carry out all other emergency management-related duties as required by
KRS Chapters 39A to 39F, administrative regulations, or local orders or
ordinances.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 99, sec. 5, effective July 15, 2014. -- Created
1998 Ky. Acts ch. 226, sec. 31, effective July 15, 1998.
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