(A) There is hereby continued by Louisville/Jefferson County Metro Government, the "Louisville/Jefferson County Emergency Management Agency" (EMA), which shall:
(1) Provide for the mobilization, organization, and coordination of the civilian populace and necessary support agencies, both private and public;
(2) Prevent or minimize the effects of fire, flood, tornado, other natural or human-caused disasters, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies or other causes, and the threatened or impending happening of them;
(3) Insure that preparations and response for this community will be adequate to deal with disaster or emergencies or threat of same;
(4) Preserve the life and property of the people of this community;
(5) Protect the public peace, health, and safety; and
(6) Implement and comply with the provisions of KRS Chapter 39 relating to disaster and emergency services.
(B) The purposes and functions of EMA, as described in subsection (A), shall encompass the following specific purposes and functions:
(1) Organize, administer, and operate a disaster and emergency services agency, subject to the direction and control of the Mayor within the territorial limits of Louisville Metro, and outside of such territorial limits as may be required pursuant to the provisions of KRS Chapter 39.
(2) Maintain a disaster and emergency response plan and program that will meet the criteria of the Kentucky Emergency Operations Plan.
(3) Maintain a Public Safety Answering Point (911) to provide a single telephone number through which citizens of Metro Government may obtain emergency service.
(C) EMA shall be governed and directed in operational matters by the Mayor, or designated representative.
(D) The Public Safety Answering Point (911) shall be governed by a separate 911 Policy Committee consisting of the Chief of the Metro Government Police Department; the Chief, Louisville Division of Fire; the President, Jefferson County Alliance of Fire Chiefs; the Director, Louisville Metro Emergency Medical Service; a representative as designated by the Mayor; a representative of Louisville/Jefferson County secondary Public Safety Answering Points (PSAP); and the Louisville/Jefferson County MetroSafe Interoperable Consolidated Communication Services Director. The members of the 911 Policy Committee shall select their own chairperson from among the membership of the Committee.
(E) (1) EMA shall be managed and administered by a Director who shall be appointed by and serve at the pleasure of the Mayor.
(2) The Director shall:
(a) Represent the Metro Government on all matters pertaining to emergency management;
(b) Coordinate the activities of all Metro Government officials, departments, agencies, and commissions in the preparation and implementation of emergency preparedness programs;
(c) Develop an Emergency Operations Plan, which shall provide for effective mobilization of all resources of the Metro Government, both public and private;
(d) During periods of emergency, coordinate the functions of all Metro Government disaster and emergency services;
(e) During periods of emergency, obtain vital supplier and equipment needed for the protection of life and property;
(f) Conduct an annual survey of the total disaster and emergency response capability of the Metro Government;
(g) Report, on a regular basis, the disaster and emergency service status of the Metro Government;
(h) Assist each department, agency, board, or commission holding disaster and emergency responsibilities to fully understand their respective responsibilities and capabilities in time of emergency;
(i) Assist each department, agency, or commission involved in an emergency in the preparation of an after-action study and report as a method of detecting deficiencies and recommending improvements for future emergencies;
(j) Review annually this section and recommend amendments to reflect changes in federal and state laws governing disaster and emergency services; and
(k) Through public information and education programs, inform the citizens of the Metro Government of programs for the protection of their persons and property from effects of any future emergencies.
(F) The equipment, supplies, merchandise, contract rights, and property formerly allocated to the Louisville and Jefferson County Department of Disaster and Emergency Services is hereby allocated to the Metro Government for the use of EMA.
(G) The employees, equipment, and facilities of all Metro Government departments, agencies, boards, and commissions, will participate in disaster and emergency services.
(H) EMA shall be continued in the Metro Government civil-services system. The officers, employees, and staff of the Agency who are in the civil service system shall continue to be in the civil service system administered by Metro Government.
(I) (1) The Metro Government shall continue to assume full funding responsibility, administrative responsibility, and fiscal control for EMA. However, the E911 surcharge on telephone bills will be used to finance the E911 system, and this will not be within the funding responsibility of the Metro Government.
(2) The purchase of equipment, supplies, or installations for EMA shall be upon order of the Mayor and shall be paid for exclusively out of Metro Government funds.
(J) The Metro Government shall act as fiscal agent for EMA and EMA shall abide by all established rules and procedures of the Metro Government as to the receipt, expenditures, and accounting for all funds and property of the department, subject, however, to any and all requirements of the United States Government and the state that may be applicable thereto, including provision for a separate "Emergency Management Agency Fund Account," in accordance with KRS 39B.010(3). EMA shall do all things and perform any and all acts which the Metro Government may deem necessary to effectuate the purposes for which this subchapter was enacted, in accordance with the State Emergency Operations Plan.
(K) EMA is authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for disaster and emergency response purposes and to supplement the carrying out of the provisions of KRS Chapter 39B. Such orders, rules, and regulations shall not be inconsistent with any orders, rules, or regulations promulgated by the State Governor or by any state agency exercising a power delegated to it by the State Governor. All such orders, rules, and regulations promulgated by EMA shall have the full force and effect of law, when filed in the Office of the Metro Council Clerk, and the law enforcement authorities of the Metro Government shall enforce such orders, rules, and regulations, all as provided in KRS Chapter 39B.
(L) As required by the provisions of KRS Chapter 39B, no person shall be employed or associated in any capacity with EMA who advocates a change by force or violence in the constitutional form of the government of the United States, nor in the Commonwealth of Kentucky, nor the overthrow of any government in the United States by force or violence, nor one who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve EMA shall, before entering upon his or her duties, take an oath in writing before a person authorized to administer oaths in the state, which oath shall be substantially as set forth in KRS 39A.210.
(M) This subchapter supersedes and replaces the Interlocal Agreement entered into by the predecessor to Metro Government on June 29, 1998, and any other agreement or enactment of the Metro Government that created a Disaster and Emergency Service.
(Lou. Metro Am. Ord. No. 49-2006, approved 3-28-2006)