[HISTORY: Adopted by the Town Council of the Town of Mansfield 4-28-1997,
effective 5-19-1997. Amendments noted where applicable.]
Be it hereby ordained that, pursuant to the provisions of Chapter 368f
of the Connecticut General Statutes, the Town of Mansfield hereby unites with
the Towns of Bolton and Coventry to form the Health District. It is hereby
declared that the purpose of this chapter is to protect, preserve and improve
the public health of the citizens of the municipalities of the Health District.[1]
[1]
Editor's Note: Said Health District was created as the Bolton/Coventry/Mansfield
Health District. On 7-17-1997, the Board of Directors unanimously voted to
change the name of said district to the Eastern Highlands Health District.
References to the former name have been amended to reflect said change.
A.
The affairs of the Health District shall be managed by
a Board which shall have all the duties exercised or performed immediately
prior to the effective date of the creation of this Health District by the
Directors of Health of the municipalities of the Health District.
B.
The Health District Board shall exercise all the authority
as to public health required of or conferred upon the municipalities by law
and shall have the powers as set forth in Section 19a-243 of the Connecticut
General Statutes, as amended.
The Town Council shall appoint one person per municipality to be a member
of such Board. In addition, if the population of any municipality exceeds
10,000 inhabitants, as annually estimated by the Department of Health Services,
State of Connecticut, such municipality shall be entitled to one additional
representative for each additional 10,000 inhabitants or part thereof, provided
that no such municipality shall have more than five representatives on the
Health District Board. The Board shall initially consist of two members each
from the towns of Coventry and Mansfield and one member from the town of Bolton.
The term of office for members of the Health District Board shall be
three years, except that, during the initial formation of the Board, appointments
shall be so made that the Town of Bolton's member shall serve for three
years, two members from Coventry and Mansfield shall serve for two years and
two members from Coventry and Mansfield shall serve for one year.
The Health District Board, after the approval of the Commissioner of
Health Services, shall appoint a full-time Director of Health for the Health
District pursuant to the procedure and qualification as set forth in Section
19a-242 of the Connecticut General Statutes, as amended. The Board may also
appoint an acting full-time Director of Health to serve in the Director of
Health's absence or if a vacancy exists, provided that such acting Director
meets the same qualifications as the Director of Health or such other qualifications
as may be approved by the Commissioner of Health Services. Upon the appointment
of a Director of Health for the Health District, the terms of office of the
present Directors of Health of each municipality shall terminate.
The Director of Health shall perform all such duties as are required
of Directors of Health by Connecticut General Statues or the State of Connecticut
Public Health Code. In addition, the Director of Health shall enforce all
ordinances of the municipalities within said municipalities as long as said
ordinances do not conflict with the Connecticut General Statutes or the State
of Connecticut Public Health Code; provided, however, that any provision of
a municipal ordinance which is more strict than the State of Connecticut Public
Health Code shall not constitute a conflict, and the provision of the municipal
ordinance shall prevail.
The Director of Health may be removed upon a vote of a majority of the
members of the Health District Board upon a finding of misconduct, material
neglect of duty or incompetence in the conduct of this office in accordance
with Section 19a-242 of the Connecticut General Statutes, as amended.
The Health District Board may make and promulgate reasonable rules and
regulations for the promotion of general health within the district; such
rules and regulations shall not be in conflict with the State of Connecticut
Public Health Code or any municipal ordinance of each municipality; provided,
however, that any provision of such rules and regulations which is more strict
that the State of Connecticut Public Health Code shall not constitute a conflict,
and the provision of the rules and regulations shall prevail. No such rule
or regulation shall be adopted until a public hearing has been held by the
Board regarding the proposed rule or regulation. Notice of time, place and
purpose of the hearing shall be by publication in a newspaper having substantial
circulation in each of the municipalities at least seven days prior to the
hearing. The powers of the Board shall include, but not be limited to, the
following: to sue and be sued; to make and execute contract and other instruments
necessary or convenient to the exercise of powers of the Health District;
to make and from time to time amend and repeal bylaws, rules and regulations;
and to have whatever other powers are necessary to properly carry out its
powers as an independent entity of the government; to develop and implement
a budget; and to develop and implement public health policy for the Health
District.
The Board shall meet at least quarterly and at other times determined
by the Chairperson. At the Board's initial meeting and thereafter at
each Fall meeting, the Board shall elect a Chairperson.
The fiscal year of the Health District shall be from July 1 to June
30, and, by the February 1 of each year, the Board shall develop a proposed
budget for the next fiscal year. Pursuant to Section 19a-245 of the Connecticut
General Statutes, as amended, the Board shall hold a public hearing of its
proposed budget, two weeks' notice of which shall be given in a newspaper
having a circulation in each of the member municipalities. The Board shall
provide each member municipality with its proposed annual assessment, prior
to February 15 of each year. In June of each year, the Board shall bill each
member municipality for its annual assessment. The Town of Mansfield shall
submit its annual assessment to the Health District in equal installments
distributed throughout the fiscal year. Such assessment shall be made on an
equitable per capita basis as established by the most recent annual population
estimate by the State Department of Health Services. The Health District shall
make timely applications to the State Department of Health Services for reimbursements
for which it is entitled, as set forth in Section 19a-245 of the Connecticut
General Statutes, as amended. The Health District shall provide said Department
with all budgetary and other information necessary for the Health District
to qualify for any reimbursements or other funding allowable under state or
federal law.
