2018 Kentucky Revised Statutes CHAPTER 39B - LOCAL EMERGENCY MANAGEMENT PROGRAMS .030 Powers, authorities, rights, and duties of local director -- Development of organizational structure.
Download as PDF
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, 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;
(4) 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;
(5) 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;
(6) 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;
(7) (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.
(8) To act as an official representative of the division in emergency situations when
specifically requested by the director;
(9) 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;
(10) 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;
(11) To prepare and submit regular or scheduled program activity reports to the area
(12)
(13)
(14)
(15)
(16)
(17)
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 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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
