39B.010 Local emergency management to be maintained -- Unified local emergency
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/ky/39b-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
management agency.
(1)Each city, county, urban-county, charter county government, or counties acting
jointly under the provisions of subsection (2)(b) of this section, of this
Commonwealth shall create, support, and maintain a local emergency management
agency, which shall serve the public safety interest of the local government within
the territorial boundaries of the city, county, or counties where the agency is created.
Each local emergency management agency shall develop, implement, and maintain
a local comprehensive emergency management program, including a local
emergency operations plan, in accordance with the provisions of KRS Chapters 39A
to 39F. The local emergency management agency shall be an integral component of
the statewide integrated emergency management system of this Commonwealth,
and shall fully comply with all applicable provisions of KRS Chapters 39A to 39F,
the comprehensive emergency management program requirements of the
Commonwealth, the provisions of the Kentucky Emergency Operations Plan, and
all administrative regulations promulgated by the Division of Emergency
Management.
(a)Each county government, and the urban-county, charter county, or city
governments located within the territorial boundaries of a county, are
encouraged to jointly create a single, unified local emergency management
agency to serve all local governments collectively, and therefore may, in lieu
of creating individual and separate local agencies, jointly create a single,
unified local emergency management agency, provided the agency and its
program:
1. Fully comply with all the provisions of KRS Chapters 39A to 39F;
2. Comply with the Interlocal Cooperation Act or locally adopted
memorandums of agreement, as necessary and appropriate; and
3. Are determined to be in compliance with all requirements of KRS
Chapters 39A to 39F by the director of the Division of Emergency
Management.
(b)Two
(2)or more contiguous county governments, including or excluding the
cities within their jurisdictions, may jointly create a single, unified local
emergency management agency to serve the counties and participating cities
within those counties collectively, and therefore may, in lieu of creating
individual and separate local agencies, jointly create a single, unified local
emergency management agency, provided the agency and its program meet the
requirements set out in subparagraphs 1. to 3. of paragraph
(a)of this
subsection.
(3)The local emergency management agency shall be an organizational unit of the
executive branch of city, county, urban-county, charter county government, or
counties acting jointly under the provisions of subsection (2)(b) of this section and
shall have primary jurisdiction, responsibility, and authority for all matters
pertaining to the local comprehensive emergency management program and, under
the general supervision of the local emergency management director, shall serve as
a direct function of the office of county judge/executive or mayor. In the case of
counties acting jointly pursuant to this section, the supervision of the agency shall
be set out by agreement or ordinance approved by the legislative body of each
county. In accordance with the policies of the state-local finance officer, a separate
emergency management agency fund account shall be designated and included in
the city, county, and urban-county or charter county budget ledgers, and all financial
matters of a local emergency management agency, involving funds provided
through the Division of Emergency Management, shall be handled through the
county, urban-county, or charter county treasury and financial system.
(4)City, county, and urban-county or charter county governments may use the term
"emergency management" in a manner or form appropriate to constitute and
designate the official name of the local emergency management agency established
pursuant to this chapter, except for any use of the term "Division of Emergency
Management" specified to constitute and designate the official name of the state
emergency management agency pursuant to KRS 39A.030. The term "emergency
management" may be used in a manner or form appropriate to constitute and
designate the official name of a local emergency management council, or the
statewide association of emergency management agencies or personnel, but shall
not be utilized by, assigned to, or otherwise specified by any local unit, agency, or
department, or any political subdivision of the Commonwealth in any manner or
form to constitute or designate the official name of the local unit, agency, or
department, or political subdivision, except as authorized in this subsection.
(5)All local emergency management agencies or local disaster and emergency services
organizations in the Commonwealth, and the local directors, and members of each,
shall, for all purposes, be under the direction of the director of the division, and of
the Governor when the latter deems that action necessary.