KRS 39C.050: Criteria for funding local emergency management agencies.

Local emergency management agencies created pursuant to KRS 39B.010 shall be

eligible to apply for benefits from the fund created pursuant to KRS 39C.010 and

39C.020 if they meet the following criteria:

(1) The local emergency management agency shall have a qualified, duly appointed

local director who is capable of fully executing the duties of the position pursuant to

KRS 39B.030. Unless the local director has already completed an introductory

emergency management course or is determined by the director to be suitably

qualified, during the first year of participation in the funding program, the local

director, whether serving on a voluntary or paid basis, shall have successfully

completed all correspondence courses specified by the division by administrativ e

regulation. The local director shall also participate in an emergency management

workshop when offered. Unless the local director has already completed an

introductory emergency management course or is determined by the director to be

suitably qualified, each local director shall also attend an introductory emergency

management course when offered.

(a) In each following year, each local director shall attend an emergency

management workshop, when offered.

(b) In subsequent years, a local director shall co ntinue his or her education by

annually completing advanced instruction offered by the division, including

the training courses and the Emergency Management Development Program

as required by administrative regulations promulgated by the division. The

requirements of this section may be met by successfully completing related

courses offered by federal agencies and other organizations, as approved by

the division.

(2) Each local emergency management agency employee, other than the local director,

whose salar y is reimbursed in part by this fund, shall attend one (1) emergency

management workshop at least every other year, and shall complete other

instruction offered by the division as required by administrative regulations

promulgated by the division.

(3) The local director appointed pursuant to KRS Chapters 39A to 39F, shall develop a

local emergency operations plan and appropriate annexes. This plan shall be subject

to concurrence review by the director of the division. In subsequent years, the plan

and all a nnexes shall annually be reviewed, updated, approved, and officially

adopted in accordance with the provisions of KRS Chapters 39A to 39F.

(4) During the second and each subsequent year of participation in the program, the

local director shall conduct an e xercise to test the local emergency operations plan

in accordance with exercise program requirements and guidelines of the Federal

Emergency Management Agency or the division.

(5) Each local emergency management agency created pursuant to KRS Chapters 39A

to 39F shall provide for an organized and designated emergency operating center in

the local jurisdiction from which all operations of the local disaster and emergency

services organization shall be coordinated. This center shall provide resources for

communications, information management, and other operational capabilities

necessary to ensure the coordination of all disaster and emergency response in the

local jurisdiction. The local emergency operations center shall be a direction and

control component o f the integrated emergency management system of the

Commonwealth.

(6) Each local emergency management agency shall develop, and submit annually to

the division, a program paper detailing agency administrative data, current staff

personnel listings, a speci fic work plan of program objectives scheduled for

accomplishment during the next fiscal year, and a budget request. Forms and

guidance materials for this report shall be provided by the division.

(7) Each employee of a local emergency management agency cre ated pursuant to this

chapter with the exception of the local director and each deputy, if the deputy

functions in a policymaking capacity, whose salary is reimbursed in part or in total

with these funds, shall meet the standards of the Kentucky merit syst em, or the

standards of the Federal Office of Personnel Management or its successor or local

equivalent, when recognized by the director.

(8) In order for a local emergency management agency to participate in the funding

program, one (1) of the following p ersons shall attend an annual emergency

management workshop:

(a) The county judge/executive;

(b) The deputy county judge/executive;

(c) The mayor of an urban -county government, or of a consolidated local

government, or of the largest city in the county, or the mayor of the city which

is the county seat of the county, or the chief executive of other local

government;

(d) The city manager;

(e) The local emergency management deputy director; or

(f) A member of the fiscal court, urban -county council, or consolidated local

government of the county.

(9) The division shall determine by administrative regulation:

(a) Public officials and disaster a nd emergency services personnel who may be

reimbursed for attendance at emergency management workshops or other

activities; and

(b) Reimbursements for attending courses and workshops, which shall be limited

as follows:

1. Reimbursement rates for meals and travel mileage shall not exceed those

for state employees.

2. Reimbursement shall be made for attending the workshop or course

nearest to the participant's residence. A participant may attend a

workshop at a greater distance but will be reimbursed for meal s and

mileage equal to that of attending the nearest workshop or course. In

cases of extreme hardship, the nearest course or workshop requirement

may be waived, in writing, by the director.

(10) The division shall:

(a) Publicize all available state and fed eral emergency management agency

training courses to mayors, county judges/executive, and local directors; and

(b) Assist local personnel listed in this section in gaining entrance to state and

federal emergency management agency training courses.

(11) If, at any time, the director of the division determines that a local emergency

management agency or a local director does not comply with the eligibility

requirements of this section, the director shall notify that local director and the

appointing authoriti es, in writing, of the intent to deny financial assistance to the

local emergency management agency. The local director shall have ten (10) working

days to come into compliance or otherwise provide information to the director to

justify eligibility for fun ding. If the director continues to determine that the local

emergency management agency or the local director does not meet eligibility

requirements, the local emergency management agency shall be ineligible for funds

and the director shall notify the loca l director and the appointing authorities, of the

determination. A local director aggrieved by a decision of the director may appeal to

the Franklin Circuit Court within twenty (20) days of the receipt of the director's

decision. The court's review shall be from the record and shall not be de novo.