Find Legal Information

39B.030 Powers, authorities, rights, and duties of local director -- Development of organizational structure.

Download pdf

Page 1 of 3 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 <br>the following powers, authorities, rights, and duties: <br>(1) To represent the county judge/executive or mayor on all matters pertaining to the comprehensive emergency management program and the disaster and emergency <br>response of the county, urban-county, charter county, or the county and the cities <br>therein, unless there is a local director appointed for a city in accordance with this <br>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 <br>development, preparation, organization, administration, operation, implementation, <br>and maintenance of the comprehensive emergency management program of the <br>county, urban-county government, charter county government, or the county and the <br>cities therein, and to coordinate all local disaster and emergency response, unless <br>there is a local director appointed for a city in accordance with this chapter, who <br>represents that city; (3) To develop and maintain a local emergency operations plan entitled &quot;county emergency operations plan,&quot; or &quot;city emergency operations plan,&quot; or &quot;city/county <br>emergency operations plan,&quot; as appropriate, the provisions of which shall establish <br>the organizational structure to be utilized by local government to manage disaster <br>and emergency response, and set forth the policies, procedures, and guidelines for <br>the coordination of all disaster and emergency response in the county and all the <br>cities therein for an emergency, declared emergency, disaster, or catastrophe. The <br>local emergency operations plan shall be developed consistent with the appropriate <br>provisions of the Kentucky emergency operations plan, the provisions of KRS <br>Chapters 39A to 39F, planning guidance issued by the division, and administrative <br>regulations promulgated by the division. The local emergency operations plan shall <br>be officially adopted by signed executive order of the county judge/executive or <br>mayor. The executive order shall be filed with the office of the clerk for the local <br>jurisdiction and a copy placed in the local emergency operations plan. A copy of the <br>local emergency operations plan, and all revisions or updates thereto, shall be <br>submitted by the local director to the Division of Emergency Management for <br>concurrence review and reference. The local emergency operations plan shall be a <br>component of the integrated emergency management system of the Commonwealth, <br>and subject to the Kentucky Emergency Operations Plan, shall be the primary local <br>strategic planning document governing the coordination of all disaster and <br>emergency response in the county, city, or the county and the cities therein, and <br>shall be applicable to, utilized by, and adhered to by, all local emergency response <br>departments, agencies, and officials of the local disaster and emergency services <br>organization in the county and the cities therein. The local emergency operations <br>plan shall be updated not less than annually; Page 2 of 3 (4) To establish and maintain a local disaster and emergency services organization in accordance with the local emergency operations plan, the Kentucky Emergency <br>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 <br>occurrence, or threatened or impending occurrence, of any emergency or disaster, <br>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 <br>event of occurrence of any emergency, declared emergency, disaster, or catastrophe <br>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 <br>assess the seriousness of all situations; to coordinate the establishment and <br>operation of a local incident command or management system; to execute the <br>local emergency operations plan, as appropriate; to activate the local <br>emergency operations center or on-scene command post; to convene meetings, <br>gather information, conduct briefings, and to notify the division of on-going <br>response actions; and fully expedite and coordinate the disaster and <br>emergency response of all local public and private agencies, or to have a staff <br>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 <br>to protect public safety; however, this paragraph shall not preclude a local <br>director from providing any assistance that he is requested to, and is able to, <br>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 <br>the duties of local emergency management director, and exercise full signatory <br>authority for execution of all contracts, agreements, or other official documents <br>pertaining to the administration and operation of the local emergency management <br>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 <br>personnel officially appointed and affiliated with the local disaster and emergency <br>services organization pursuant to KRS 39B.070; (11) To prepare and submit regular or scheduled program activity reports to the area manager of the division and local chief executives; (12) To execute bond, if appropriate, in the amount determined by the appointing authorities; Page 3 of 3 (13) Annually, by the first day of March, to prepare and submit a program budget request to the county judge/executive and mayor; (14) Annually, by the fifteenth day of July, to prepare and submit to the division a locally-approved, fiscal year program paper and budget request; (15) To perform all administrative, organizational, or operational tasks required by the provisions of this chapter, or administrative regulations, or program guidance <br>pertaining thereto; (16) To be a registered member of the Kentucky Emergency Management Association or other professional emergency management organization; and (17) 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, 1998 <br>History: Created 1998 Ky. Acts ch. 226, sec. 31, effective July 15, 1998.