KRS § 39B.020 — KY Code / Title V / Chapter 39B / Section 39B.020
39B.020 Local emergency management director -- Joint appointment of a single local emergency management director -- Qualifications
Status: in_force

39B.020 Local emergency management director -- Joint appointment of a single

local emergency management director -- Qualifications.

(1) The county judge/executive of each county, the mayor of each city, consolidated

local government, or urban-county government, or the chief executive of other local

government, within thirty (30) days of assuming office following their election,

shall appoint a local emergency management director who meets all qualifications

criteria pursuant to KRS Chapters 39A to 39F, and shall immediately notify the

director of the Division of Emergency Management of the appointment.

(2) Except in a county containing a consolidated local government, in lieu of appointing

a separate local emergency management director for each jurisdiction, the county

judge/executive of a county and mayors of cities or urban-county governments, or

the chief executive of other local government located within the territorial

boundaries of the same county, or two (2) or more counties acting jointly under the

provisions of KRS 39B.010 may jointly appoint a single local emergency

management director who meets all the qualifications criteria pursuant to KRS

Chapters 39A to 39F. It is the policy of the Division of Emergency Management to

encourage and support the joint appointment of a single local director in each

territorial county, or counties acting jointly, of the Commonwealth. The duly

appointed local emergency management director shall direct, control, and manage

all the affairs of the local emergency management agency and comprehensive

emergency management program of the jurisdictions wherein appointed.

(3) A local emergency management director appointed under the provisions of

subsection (1) or (2) of this section shall serve at the pleasure of the appointing

authority, but shall serve not longer than four (4) years without reappointment and,

in addition to any local requirements, shall meet the qualification requirements

listed in this subsection:

(a) The local director shall be a high school graduate with an additional three (3)

years of experience in business administration, government planning,

industrial or commercial planning, public safety, management of emergency

services, or related community or governmental service. Management level

experience may not be substituted for high school education. Education at an

accredited college or university may be substituted for experience on a year-

for-year basis.

(b) The local director shall be a resident of the Commonwealth of Kentucky and a

county served.

(c) The local director shall hold no partisan elective office, nor file for, seek, or

campaign for any partisan elective office while holding the position of local

emergency management director.

(d) The local director shall be routinely available to respond to emergency scenes,

command posts, or emergency operations centers to coordinate emergency

response of all local public and private agencies and organizations; to perform

necessary administrative, planning, and organizational duties; to complete and

submit required reports, records, emergency operations plans, and documents;

to attend required training; and to attend meetings convened by the appointing

authority or the area manager of the division.

1. If the local director is also a full-time or part-time employee of the

federal or state government, the local director shall have written

authorization from the appropriate appointing authority to hold the

position of local emergency management director and to fully comply

with the provisions of paragraph (d) of this subsection. A copy of the

written authorization shall be submitted to the division at the time of

appointment.

2. If the local director is also a full-time or part-time employee of a city,

county, urban-county government, or charter county government in

another capacity, that government shall enact an official city or county

order or ordinance specifying that the individual appointed as local

emergency management director shall fully comply with the provisions

of paragraph (d) of this subsection. The order or ordinance shall also

specify that the individual, when performing the duties of local

emergency management director, shall relinquish all authorities and

responsibilities associated with any other governmental employment and

shall indicate another person, by name or position, to assume those

authorities and responsibilities until such time as the local director shall

cease to function as local emergency management director. A copy of

the enacted order or ordinance shall be submitted to the division at the

time of appointment. The city, county, urban-county government, or

charter county government shall not seek reimbursement from the

division for the local director's salary for any time spent in another

capacity.

3. If the local director is also a full-time or part-time employee in the

private sector, the local director shall have a letter from each employer

stating that the local director shall, without penalty or exception, be

permitted to fully comply with the provisions of paragraph (d) of this

subsection. A copy of the letter from each employer shall be submitted

to the division at the time of appointment.

4. If the local director is self-employed, the local director shall certify at the

time of appointment, by letter to the director of the division, that the

local director's schedule shall permit full compliance with the provisions

of paragraph (d) of this subsection.

(4) A local director whose salary has been reimbursed by the division prior to January

1, 1994, shall not be subject to the provisions of subsection (3)(a) of this section, so

long as remaining continuously in that position for the appointing jurisdiction.

(5) A local director whose salary is reimbursed in part or in full by the Division of

Emergency Management pursuant to KRS 39C.010 and 39C.020, shall also meet

any other requirements of KRS Chapters 39A to 39F and any requirements which

may be imposed by the Federal Emergency Management Agency, or its successor.