KRS 39C.080: Performance evaluations -- Records and reports -- Review of program

progress and compliance -- Correction of deficiencies -- Appeal process.

(1) The performance of each local emergency management agency or local director

receiving funding pursuant to KRS 39C.010 and 39C.020 shall be evaluated

quarterly as to compliance with the provisions of KRS Chapters 39A to 39F,

satisfactory program administration, and the achievement of scheduled program

objectives by the local emergency management agency or local director. Based upon

this evaluation:

(a) Programs which are judged deficient, or otherwise not in compliance with

KRS Chapters 39A to 39F, or program guidance of the division, may have

funds withheld and those funds which have been withheld may be transf erred

to other local emergency management agencies.

(b) Programs which meet or exceed their minimum program objectives and have

needs for additional funds for program improvements may be granted

additional requested funds, or portions thereof, for use by t he local emergency

management agency in making the improvements, subject to the availability

of funds.

(2) Within fifteen (15) days after the end of each quarter, the local emergency

management director shall prepare and submit all documentation, records, or reports

required by the division to substantiate and document the work activity of the local

director and the local emergency management agency in performing official duties

or work plan objectives during each quarter.

(3) Program progress and complianc e shall be reviewed quarterly by the area manager

of the geographical area in which the local emergency management agency is

located. The area manager shall review training records, exercise reports, financial

records and budget expenditure rates, all work plan documentation reports or

materials submitted by the local director at the end of each quarter, program

guidance materials, or other sources of information, and make an assessment as to

whether the local emergency management agency or local director i s in compliance

with current program requirements or guidance, or is making satisfactory progress

toward the full achievement of the objectives outlined in the work plan of the

annual program paper. The area manager shall transmit an assessment report to t he

director of the division together with any recommendations thereon.

(4) The director shall then review the material submitted, together with the area

manager's recommendations, and submit it to the advisory committee for its

evaluation and recommendations with regard thereto.

(5) The advisory committee shall transmit to the director its determination of the local

emergency management agency's state of compliance or progress, and that of the

local director, and the committee's recommendations with regard thereto. The

director shall review the report and all recommendations thereon. The director shall

then make a final determination with regard to compliance and progress and, if a

deficiency is found, the measures which shall be taken to assure compliance.

(6) Local emergency management agencies or local directors determined not to be

making satisfactory progress toward the accomplishment or completion of work

plan objectives as outlined in the annual program paper, or not performing in

accordance with the written program guidance or the requirements of KRS Chapters

39A to 39F, shall be given thirty (30) days to correct the deficiencies in the manner

outlined by the director.

(7) A local emergency management agency 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, unless the record is insufficient.

(8) If a decision has been made by the director to withhold funding from the local

emergency management agency, that funding shall remain withheld during the

pendency of any appeals of the decision.

(9) At the end of the thirty (30) day period further funding may be withdrawn by the

director, if the de ficiencies have not been corrected. The funds may then be

reallocated to other local emergency management agencies.

(10) The director, during the review process outlined in this section, shall also review the

expenditure rate of each local emergency manage ment agency receiving funds. If it

is determined that a local agency will not utilize all allocated funds, appropriate

portions of the allocation may be withdrawn and reallocated to another local

emergency management agency.