39B.070 Execution of emergency powers -- Emergency operations centers -- Waiver of procedures and formalities.
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(1) Through the county judge/executive of a county other than an urban-county government, mayor of an urban-county government, chief executive of other local
governments, or mayor of a city, or their designees as provided by ordinance,
declare in writing a state of emergency when required, and thereafter execute any
emergency powers granted under this chapter to provide for adequate and
appropriate response to any occurrence or situation or any impending event or
situation resulting from any of the situations or events contemplated by KRS
39A.010, 39A.020, or 39A.030; (2) Appropriate and expend funds, make contracts, enact cost-recovery ordinances, obtain and distribute equipment, materials, and supplies for disaster and emergency
response purposes; provide for the health and safety of persons and property,
including emergency assistance to the victims of any disaster or emergency; review
or approve local emergency operations plans; and enact orders or ordinances
pertaining to local emergency management programs in accordance with the
policies and plans prescribed by the federal and state emergency management
agencies and the provisions of KRS Chapters 39A to 39F; (3) Appoint, employ, remove, or provide, with or without compensation, staff assistants to the local emergency management director, and clerical, administrative, technical
or other local emergency management agency staff personnel, and local emergency
management agency-supervised operating units officially affiliated with the local
disaster and emergency services organization by city or county order or ordinance
including rescue squads, auxiliary fire, police, and medical personnel, urban search
and rescue teams, severe weather spotters teams, damage assessment teams,
amateur radio or communications personnel, or other emergency response groups,
teams, or personnel, and other disaster and emergency response workers; (4) Establish a primary and one (1) or more secondary emergency operations centers or on-scene command posts to serve as official local government command posts
during an emergency, declared emergency, disaster, or catastrophe; (5) Subject to the order of the Governor, or the chief executive of the county, urban- county government, charter county government, or city, to assign and make
available for duty, the employees, property, or equipment of the county or city
relating to firefighting, engineering, rescue, health, medical and related services,
police, transportation, construction, and similar items or services for disaster and
emergency response purposes within or outside of the physical limits of the county,
urban-county government, charter county government, or city; (6) In the event of a national emergency or state of declared emergency or declared disaster or catastrophe, as provided in KRS 39A.100, waive procedures and
formalities otherwise required by the law pertaining to: the performance of public
work; entering into contracts; the incurring of obligations; the employment of
permanent and temporary workers; the utilization of volunteer workers; the rental of
equipment; the purchase and distribution, with or without compensation, of Page 2 of 2 supplies, materials, and facilities; the appropriation and expenditure of public funds;
and the demolition and removal of damaged public and private structures; and (7) Confer or authorize the conferring upon members of the auxiliary police the powers of peace officers, subject to the provisions of KRS 61.300, and any other
restrictions imposed by the appointing authority. Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 35, effective July 15, 1998.