KRS § 39B.010 — KY Code / Title V / Chapter 39B / Section 39B.010
39B.010 Local emergency management to be maintained -- Unified local emergency management agency
Status: in_force

39B.010 Local emergency management to be maintained -- Unified local emergency

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.

(2) (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.