A.
There shall be a Department of Health, headed
by a Commissioner of Health or a Public Health Director and Medical
Consultant. The Commissioner of Health or Public Health Director shall
meet the qualifications for this position specified in the New York
State Public Health Law and Sanitary Code. In addition, he or she
shall be a licensed physician with experience in public health. He
or she shall be appointed by the County Executive in consultation
with the Board of Health and with confirmation by the County Legislature
and serve at his or her pleasure, except that if either the Commissioner
of Health or Public Health Director is appointed for a fixed term
of years pursuant to a provision of state law, he or she may only
be removed for cause after written notice of charges and an opportunity
to be heard.
B.
Powers and duties. Except as otherwise provided
in the Charter, the Commissioner of Health or Public Health Director
shall have and exercise all the powers and duties conferred or imposed
upon County or part-County health commissioners and upon County or
part-County boards of health by the Public Health Law or any other
law, except as otherwise provided by the Charter. He or she shall
perform such other and related duties required by the County Executive.
C.
Reports. On or before March 1 of each year, the Commissioner
of Health or the Public Health Director shall make an annual report
to the County Legislature and County Executive for the immediately
preceding calendar year covering generally the work of his or her
department. The Commissioner or Director shall make such other reports
at such times as may be required by the County Legislature, County
Executive, New York State Department of Health or any other applicable
law. Copies of all reports shall be filed with the Clerk of the County
Legislature and the County Executive.
A.
The Commissioner of Health or the Public Health Director
shall have the power to appoint one or more Deputy Commissioners of
Health or Deputy Public Health Directors, within the limits of appropriations
therefor. Every appointment shall be in writing and filed in the Office
of the County Clerk and the Clerk of the Legislature.
B.
The term of office of any deputy appointed hereunder
shall coincide with that of the Commissioner of Health or the Public
Health Director, provided that such appointment may be revoked at
any time by the Commissioner or the Director by written revocation
filed with the County Clerk. All positions of Deputy Commissioner
or Deputy Director may be in the exempt class of civil service; or
in the alternative, the deputy may also be an additional title which
may be designated by the Commissioner or the Director for a department
staff member.
C.
Deputy Commissioners or Deputy Directors shall perform
such duties pertaining to the office of the Department of Health as
the Commissioner or the Director may direct and shall act generally
for and in such place of the Commissioner or Director and perform
such other and further duties as the Commissioner or Director may
assign.
D.
The designation of an order of succession for the
position of Deputy Commissioner or Deputy Director shall be filed
with the County Clerk and the Clerk of the County Legislature and
may be revoked at any time by the Commissioner or Director filing
a new written designation of order of succession.
E.
Should the Deputy so designated by the Commissioner
of Health or Public Health Director not be a licensed physician, and
should the Commissioner of Health or Public Health Director resign,
die or certify in writing and filed with the County Clerk a statement
that he or she is unable to perform and/or exercise the powers and
duties of the office, or should he or she be removed from office,
then the County Executive, in consultation with the Board of Health
and with confirmation by the County Legislature, shall appoint a qualified
replacement as soon as practicable.
A.
Appointment. There shall be a Board of Health
consisting of seven members who shall be appointed by the County Executive
for a term of five years, subject to confirmation by the Legislature,
except that of the members first appointed to the Board of Health
following adoption of the Charter, two members shall hold office for
the term of one year, two members for the term of two years, one member
for the term of three years, one member for the term of four years,
and one member for the term of five years from and after their appointment.
Two members shall be physicians. One member shall be a licensed health
care professional who is not a physician. One member shall be selected
from among three nominees submitted to the County Executive by the
Mayor of the City of Kingston. If a vacancy shall occur other than
by expiration of a term, it shall be filled by appointment for the
unexpired term in the same manner as specified in this subsection.
The members of the County Health Board shall select the Chairman of
that Board for a term of one year. No member of the Board of Health
shall serve for more than two consecutive terms. Members of the Board
of Health shall receive no compensation for services rendered but
shall be entitled to their reasonable and necessary expenses incurred
in the performance of their duties, within appropriations made for
such purposes. Members of the Board of Health shall be residents
of the County of Ulster.
B.
Powers and duties. The Board of Health
shall exercise all the powers and perform duties of local boards of
health as provided for under state law, including the Public Health
Law of the State of New York, except as otherwise provided in the
Charter. The Board of Health shall advise the Commissioner
of Health or Public Health Director, the County Executive and the
Legislature in matters relating to the Department of Health. The members
of the Board of Health shall further have the power to inspect and
review all facilities and programs of the Department of Health, with
or without notice to the Commissioner of Health or Public Health Director,
and as it regards as necessary and desirable may report and make recommendations
to the County Executive, the County Legislature and Commissioner of
Health or Public Health Director. All such reports shall be public
records, posted on the website of the County government and made available
for inspection at the offices of the Commissioner of Health or Public
Health Director and the County Executive at all reasonable times.
The Board of Health shall also advise and consult with respect to
all capital projects necessary for the Department of Health. The Board
of Health shall have and exercise such other and related duties required
by the Legislature or the County Executive.
C.
The Board of Health shall keep minutes of all meetings,
including the date and time of meeting and Board members in attendance.
The original of said minutes shall be filed with the Clerk of the
Legislature as soon as possible, but not to exceed 10 business days
after the next regular Board meeting at which the minutes were reviewed
and accepted. The Clerk of the Legislature or his or her designee
shall maintain an official record of the Board's agenda items. This
official record shall include the disposition of each agenda item,
including individual votes of each Board member on each item.
D.
Sanitary Code. Any Sanitary Code now in force or hereafter
adopted by the Board of Health and any amendment to such Sanitary
Code shall be published and filed in the manner and places required
by the Public Health Law and any other applicable law. Before adopting
any amendment to the Sanitary Code, the Board of Health shall cause
notice of a public hearing thereon to be published in the official
news papers once a week for two publications, and at least 20 days
shall elapse from the first publication to the date of the hearing.
The notice shall contain an abstract statement of the proposed amendment
and give the time and place of such hearing. On or before the date
of the first publication of the proposed amendment, copies thereof
shall be filed with the Clerk of the Legislature, the County Executive,
the Clerk of each city, town and village in Ulster County and in the
office of the Commissioner of Health or Public Health Director and
be open to inspection by the public. Such County Sanitary Code and
any amendments thereto shall also be filed in the Ulster County Clerk's
office.
The Health Department shall assure the
provision of medical examiner services that promote the public health
by or under the supervision of qualified Medical Examiner(s), accountable
to the Commissioner of Public Health or Public Health Director. The
Medical Examiner shall be appointed by the County Executive, on the
advice of the Commissioner of Health or Public Health Director, for
a term of four years, subject to confirmation by the Legislature.
The Medical Examiner shall be a resident of the County of Ulster.
He or she shall be a physician duly licensed to practice his or her
profession in the State of New York and shall:
A.
Be trained to investigate causes of death
and order autopsies.
B.
Conduct community education as prescribed
by the New York State Department of Health.
C.
Perform all duties which are now required, or which
hereafter may be required by law, of the Medical Examiner. In addition
thereto, the Medical Examiner shall perform such additional and related
duties involving the exercise of professional skills and training
as may be prescribed by the County Executive and District Attorney.
D.
Keep such records and reports as are required by the
provisions of § 677 of the County Law. Such records shall
be open to inspection by the District Attorney of the County at any
time and to other persons as provided for in § 677, Paragraph
3(B), of the County Law.
