(A) Creation of Agency.
(1) There is hereby created the Owensboro-Daviess County Emergency Management Agency which shall serve the interest of public safety within the territorial boundaries of the county.
(2) The Owensboro-Daviess County Emergency Management Agency shall develop, implement, and maintain the local comprehensive emergency management program for the county in accordance with the provisions of KRS Chs. 39A to 39F, the comprehensive emergency management program requirements of the Commonwealth Division of Emergency Management, the provisions of the Commonwealth Emergency Operations Plan, administrative regulations promulgated by the Commonwealth Division of Emergency Management, and the resolutions, orders, or ordinances of the County Fiscal Court.
(3) The Owensboro-Daviess County Emergency Management Agency shall be an organizational unit of county government attached to the Office of County Judge/Executive and shall have primary jurisdiction, responsibility, and authority for all matters pertaining to the comprehensive emergency management program and disaster and emergency response of the county.
(4) The Owensboro-Daviess County Emergency Management Agency shall meet all requirements of a local emergency management agency as defined in KRS Chs. 39A to 39F and shall be the administrative branch of the County Disaster and Emergency Services organization established pursuant to KRS Chs. 39A to 39F.
(5) The County Judge/Executive shall designate and include a separate Emergency Management Agency budget unit classification within each annual county budget, and all financial matters of the Owensboro-Daviess County Emergency Management Agency shall be handled through the County Treasury and uniform budget system.
(B) Appointment of Director.
(1) The County Judge/Executive, within 30 days of the effective date of this section, shall appoint an Owensboro-Daviess County Emergency Management Director and shall notify the Commonwealth Division of Emergency Management of the appointment.
(2) The Owensboro-Daviess County Emergency Management Director shall serve no longer than four consecutive years without reappointment and, as a minimum, shall meet all the qualification requirements specified in KRS Chs. 39A to 39F.
(C) Responsibilities of the Director. The Owensboro-Daviess County Emergency Management Director shall have and exercise all the powers, authorities, rights, and duties as specified in KRS Chs. 39A to 39F, and in the orders or ordinances of the County Fiscal Court, to include the following:
(1) To represent the County Judge/Executive on all matters pertaining to the comprehensive emergency management program and the disaster and emergency response of the county;
(2) To be the chief administrative officer of the Owensboro-Daviess County Emergency Management Agency and direct, control, supervise, and manage the development, preparation, organization, administration, operation, implementation, and maintenance of the comprehensive emergency management program of the county, and to coordinate all disaster and emergency responses of the county;
(3) To develop, update, and maintain the County Emergency Operations Plan in compliance with the provisions of KRS Chs. 39A to 39F;
(4) To establish, maintain, and coordinate or direct the County Disaster and Emergency Services organization in accordance with the provisions of the County Emergency Operations Plan, the Commonwealth Emergency Operations Plan, and the provisions of KRS Chs. 39A to 39F;
(5) To notify the County Judge/Executive and the Commonwealth Division of Emergency Management immediately of the occurrence, or threatened or impending occurrence, of any emergency, disaster, or catastrophic incident or situation, and provide in such notice an assessment of possible or actual damages or threats to life, health, safety, property, or the environment, and recommend any emergency actions or orders which should be executed;
(6) To be the chief advisor to and the primary on-scene representative of the County Judge/Executive in the event of any emergency, declared emergency, disaster, or catastrophe within the county;
(7) To respond and have full access to the scenes of an emergency, declared emergency, disaster, or catastrophe and immediately investigate, analyze, or access the nature, scope, or seriousness of all situations; coordinate the establishment and operation of an incident command or management system; execute the provisions of the County Emergency Operations Plan; activate the County Emergency Operations Center or on-scene command post; convene meetings, gather information, and conduct briefings; notify the County Judge/Executive and the Commonwealth Division of Emergency Management immediately of the nature, scope, or seriousness of any emergency situation and provide information on all on-going response actions being taken in association with the incident; provide any assistance requested, as deemed necessary or appropriate; and take any actions to fully expedite and coordinate the disaster and emergency response of all local public or private agencies, departments, units, or individuals;
(8) To take or direct immediate actions to protect public safety at the direction of the County Judge/Executive during any declared emergency or disaster;
(9) To act as an official representative of the Commonwealth Division of Emergency Management when specifically requested by the Commonwealth Director and approved by the County Judge/Executive;
(10) To report directly to the County Judge/Executive and act in an official policy-making capacity when carrying out all duties of the Emergency Management Agency Director;
(11) To direct all paid or volunteer employees, staff assistants, or other workers of the Owensboro-Daviess County Emergency Management Agency, and supervise any operating units and personnel associated with it which are officially appointed and affiliated with the County Disaster and Emergency Services organization pursuant to the provisions of KRS Chs. 39A to 39F;
(12) To prepare and submit regular or scheduled program activity reports to the area manager of the Commonwealth Division of Emergency Management and the County Judge/Executive;
(13) To execute bonds in the amount as determined by the County Judge/Executive, when directed by the County Judge/Executive;
(14) To prepare and submit to the County Judge/Executive, on an annual basis according to the deadline requested by the County Treasurer, a program and agency budget request for the Owensboro-Daviess County Emergency Management Agency;
(15) To prepare and submit to the Commonwealth Division of Emergency Management, on an annual basis by the July 15, a fiscal year program paper and budget request for the Owensboro-Daviess County Emergency Management Agency;
(16) To enroll and be a registered member of the Commonwealth Emergency Management Association; and
(17) To perform all administrative, organizational, or operational tasks required pursuant to KRS Chs. 39A to 39F, commonwealth administrative regulations, the Commonwealth Emergency Operations Plan, or program guidance issued by the Commonwealth Division of Emergency Management; and to carry out all other emergency management-related duties as required by the resolutions, orders, or ordinances of the County Fiscal Court, the executive orders of the County Judge/Executive, and the provisions of the County Emergency Operations Plan.
(D) Effective date. This section becomes effective immediately upon passage and publication.
(Ord. KOC 330.1 (99), passed 7-14-1999)