Request By:
Mr. Pat Conley
Area Coordinator
Disaster and Emergency Services
National Guard Armory
Parkers Mill & Airport Roads
Lexington, Kentucky 40504
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General as to whether the local civil defense director has the authority to remove the Versailles-Woodford County Recovery Squad captain from his position of authority. Along with your request you sent the rules and regulations governing the Versailles-Woodford County Recovery Squad.
We believe that the pertinent statutory provision on this issue is KRS 39.415(1) which reads as follows:
"(1) Each county, urban-county or metropolitan government, or city of this state shall establish a local organization for disaster and emergency preparedness, response and recovery consistent with a plan adopted in accordance with the provisions of this act. The county judge/executive of each county and the chief executive of each city or urban-county or metropolitan government thereof shall appoint a director who shall have direct responsibility for the organization, administration and operation of such local organization for disaster and emergency response, subject to the direction and control of such appointing officer. The mayor of a city may appoint a director or by joint agreement provide for direction by the director named by the county judge/executive." KRS 39.415(1) as amended by HB 188 (1978) Acts.
We believe that this statute gives the local director the authority to remove a recovery squad captain since he has the direct responsibility for the organization, administration and operation of the local disaster and emergency service. The director is appointed and serves at the pleasure of the county judge/executive. If the county judge/executive disapproves of the actions of the director, he may remove the director.
In OAG 78-507 (copy enclosed) we pointed out that under the statute as amended the county judge/executive has the sole authority to appoint the director and that the fiscal court may neither approve or disapprove of the appointment.
As to the rules and regulations governing the Versailles-Woodford County Recovery Squad, we believe that they have no binding affect upon the local director.
The local organization for disaster and emergency preparedness, response and recovery, under the statutes, is in the style of a military organization rather than a democratic association which is governed by a majority vote. Since the constituancy of a local recovery squad is made up of volunteers who are not paid for their services, the officers of the organization have no vested interest in their position and therefore have no claim for any due process proceedings prior to their removal. KRS 39.415(4) provides:
"All local, regional or multijurisdictional organizations for disaster and emergency response, and the directors and members of each, shall, for all purposes, be under the direction and jurisdiction of the director of the division and of the governor whenever the latter shall deem such action necessary."