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Home My WebLink About03 0505 97 æ: ~:e.'i-.l/.f'5-13-11 . All/Mr. ..-' p.cU. STATE OF WASHINGTON JEFFERSON COUNTY In the matter of an Ordinance Defining the Responsibilities and Expanding the Membership of the Jefferson County County Board of Health ) ) ) ) ) ORDINANCE NO. 03-0505-97 WHEREAS: Pursuant to RCW 70.05.030, the Board of County Commissioners has constituted the Jefferson County Board of Health. WHEREAS: Section 6 ofRCW 70.05.030 and 1993 c 492 s 235 were each amended in 1995 to include the following: The board of county commissioners may, at its discretion adopt an ordinance expanding the size and composition of the board of health to include elected officials from cities and towns and persons other than elected officials as members so long as persons other than elected officials do not constitute a majority. An ordinance adopted under this section shall include provisions for appointment, term, and compensation, or reimbursement of expenses. WHEREAS: The health and safety ofthe citizens of Jefferson County, and the condition of their living environment, are of paramount importance to the County's well being. WHEREAS: The Board of County Commissioners, sitting as the Board of Health, determined at its February 25, 1997 meeting that the addition of persons with knowledge, interest, and expertise regarding the health, safety, and well-being of Jefferson County citizens and their living environment would benefit the operation of the Board of Health and the citizens of Jefferson County. NOW, THEREFORE, BE IT ORDAINED That the Board of County Commissioners after due deliberation and in the best interest of the public, does hereby expand the size and composition of the Jefferson County Board of Health. BE IT FURTHER ORDAINED That Title 8, Health and Safety, ofthe Jefferson County Code be amended to include a new Chapter 8.00, Board of Health, defining the responsibilities and membership of the Jefferson County Board of Health, as follows: 8.00.010 Duties and Responsibilities: The Board of Health shall have responsibilities over all matters pertaining to the preservation ofthe life and health ofthe people of Jefferson County and shall: (l) Collect, analyze and disseminate to the community, through the Jefferson County Health & Human Services department, information about community health conditions, risks and resources, and the availability of resources to address identified problems; (2) Enact such rules, regulations and policies as are necessary to preserve, promote and improve the health status of Jefferson County residents, and guide the allocation of appropriate and necessary public health resources; (3) Assure that necessary, high quality, effective public health services are available for the protection ofthe people of Jefferson County, including the control and prevention of any dangerous, contagious or infectious disease within the county; (4) Provide for the prevention, control and abatement of nuisances detrimental to public health; (5) Enforce, through the Health Officer, the public health statutes of the state and county; and (6) Establish fee schedules for issuing and renewing licenses and permits, or for such other services as are authorized by the law and rules of the State Board of Health. VOL 2 3 r,~f;: 29B .. Ordinance No.o3~f)50S-'1 re: Board of Health . :. 8.00.020 Members: The Board of Health shall be composed of seven members. The three elected members ofthe Board of County Commissioners shall be members of the Board of Health. Four members ofthe Board of Health shall be appointed by the County Commissioners. Appointed members of the Board of Health shall include one elected official from the City of Port Townsend City Council and three non-elected community representatives. Community representatives shall include one resident of the City of Port Townsend and two residents of unincorporated Jefferson County. One community representative shall be a Jefferson County Public Hospital District #2 commissioner; two community representatives shall be at-large members. 8.00.030 Terms: Appointed members shall serve for three year terms. Ofthe members initially appointed, an equal number shall be appointed for two years and for three years. The term of office for all appointees shall commence on the first day of June in the year in which the term is to commence. 8.00.040 Appointment: The chairperson ofthe Board of County Commissioners shall appoint the initial members to the Board of Health with the approval of the majority of the Board of County Commissioners. The Board shall request that the City of Port Townsend and Jefferson County Public Hospital District #2 each nominate one candidate for appointment to the Board of Health. The County Commissioners shall seek applications from citizens of Jefferson County to fill the at-large membership positions on the Board of Health. 8.00.050 Vacancies: Vacancies on the Board of Health shall be filled by appointment by the chairperson of the Board of County Commissioners in the same manner as initial appointments are made. Appointments shall be for the unexpired portion of the term of the position filled. 8.00.060 Organization: The Board of Health shall elect a chairperson and vice-chairperson from among its members. 8.00.070 Meetings: The Board of Health shall hold no fewer than one regular meeting in each month of each year; provided that if no issues over which the Board has jurisdiction are pending upon its calendar, a meeting may be canceled. All meetings of the Board of Health meetings shall be open and public, pursuant to the Open Public Meetings Act, codified at RCW 42.30 et seq. Meetings shall be held at such times and at such locations as to be convenient for attendance by Board of Health members and the public, as determined by a Resolution passed by a majority of Board of Health members. 8.00.080 Rules and Record of Proceedings: The Board of Health shall adopt Bylaws for the transaction of its business. No actions shall be taken by the Board of Health unless a majority of members are present, including at least two Jefferson County Commissioners. The Board of Health shall keep a public record of its transactions, findings and decisions. 8.00.090 Compensation or Reimbursement: Appointed members of the Board of Health shall not receive compensation for their services. Appointed members may receive reimbursement for approved expenses related to the completion of their responsibilities. BE IT FURTHER ORDAINED That such amendment shall be effective immediately upon execution ofthis document by the Board of County Commissioners. /it /~RO~~~ ~ ~OPTED this S day of 7717 ¡ , 1997. . . )'..~' .. . ! '- 0, " è JEFFERSON CO SEAL:' "..~ \ i'" , ! .".. ',., CL- Lorna Delaney, CMC Clerk of the Board . \ '.. . ,. '. ; . , ,.. ' ATT VOL 23 ~,~:~ 297 t' .' BYLA WS OF THE JEFFERSON COUNTY BOARD OF HEALTH ARTICLE 1. NAME The name of this organization shall be the Jefferson County Board of Health. ARTICLE II. PURPOSE The purpose of the Jefferson County Board of Health is to supervise all matters pertaining to the preservation of the life and health of the people of Jefferson County and to comply fully with the requirements of all applicable chapters of Title 70, Revised Code of Washington. The Board of Health shall: . Collect, analyze and disseminate to the community, through the Jefferson County Health & Human Services department, information about community health conditions, risks and resources, and the availability of resources to address identified problems. . Enact such rules, regulations and policies as are necessary to preserve, promote and improve the health status of Jefferson County residents, and guide the allocation of appropriate and necessary public health resources. . Assure that necessary, high quality, effective public health services are available for the protection of the people of Jefferson County, including the control and prevention of any dangerous, contagious or infectious disease within the county. . Provide for the prevention, control and abatement of nuisances detrimental to public health. . Enforce, through the Health Officer, the public health statutes of the state and county. . Establish fee schedules for issuing and renewing licenses and permits, or for such other services as are authorized by the law and rules of the State Board of Health. Jefferson County Board of Health Bylaws Page 2 ARTICLE III. REPRESENT A TION Membership: The Board of Health shall consist of7 members, selected as follows: Each member of the Jefferson County Board of County Commissioners shall serve as a member of the Board of Health for the duration of their elected term of office. . Four members of the Board of Health shall be appointed by the County Commissioners. Appointed members shall include one Port Townsend City Council Member and one Jefferson County Public Hospital District #2 Commissioner nominated by their respective organizations, plus two at-large community representatives. Terms: Appointed members shall serve for three year tenns. Board of Health members may serve more than one tenD, including consecutive tenns. Vacancies: In the event that a vacancy occurs for an appointed representative, the Board of County Commissioners shall appoint another representative within thirty (30) days of the date of vacancy. In the event that a vacancy occurs from the Port Townsend City Councilor Jefferson County Hospital District #2, the City or District shall nominate another representative from their membership within thirty (30) days. Absences: Board members shall notify the Chairperson in advance if unable to attend any regular meeting of the Board of Health. Appointed Board members may be removed from Board membership by action of the County Commissioners for lack of attendance. Three or more unexcused absences from regular Board of Health meetings in one calendar year will be considered cause for removal. . ARTICLE IV. OFFICERS Chairperson: The presiding officer of the Board of Health shall be the Chairperson, who shall serve for a term of one (1) year. The Chairperson shall be selected by a majority vote of the Board members present at the f11'st regular meeting of each year. Vice-Chairperson: At the same meeting, a Vice-Chairperson shall also be selected for a term of one (1) year, who shall preside over all proceedings of the Board in the absence of the Chairperson. Vacancies: In the event of a vacancy in the office of Chairperson, the Vice- Chairperson shall immediately assume the duties of the Chairperson for the remainder of the year. Another representative shall be selected to serve as Vice-Chairperson at the next regular or special meeting of the Board. Consecutive Terms: Board members shall not serve consecutive terms as Chairperson or Vice Chairperson. Jefferson County Board of Health Bylaws Page 3 ARTICLE V. RULES OF BUSINESS Business shall be conducted in accordance with the most current edition of Robert's Rules of Order, so long as they are consistent with these Bylaws or amendments thereto. ARTICLE VI. COMMITTEES The Chairperson shall appoint subcommittees from the Board of Health and/or members of the community from time to time as the Chairperson shall deem necessary. The Chairperson shall be an ex-officio member of all committees. ARTICLE VII. ADMINISTRATIVE OFFICER The Board of Health shall appoint an Administrative Officer who shall fulfill the responsibilities specified by RCW 70.05.045, including administering the operations of the Health Department. The Administrative Officer shall serve at the will and approval of the Board. ARTICLE VIII. HEAL THOFFICER The Board of Health shall appoint a County Health Officer, who shall be a qualified physician trained and experienced in public health. who shall exercise the powers, and perform the duties prescribed in RCW 70.05.070. The Health Officer shall serve at the will and approval of the Board. ARTICLE IX. OPERATING RULES Section 1. Meetings Regular Meetin~: Regular meetings of the Board of Health shall be held on the third Thursday of each month. If the third Thursday is a legal holiday, an alternate day may be selected by the Chair. Any regular meeting of the Board of Health may be cancelled with the concurrence ora majority of the Board. The location of the meetings shall be within Jefferson County. Special Meeting: The Chair or two-thirds of the members of the Board may call a special meeting of the Board consistent with RCW 42.30.080. Executive Session: The Board may hold executive sessions :fÌ'om which the public may be excluded for the purposes set forth in RCW 42.30.110. Quorum: A majority of all Board members, including at least two Jefferson County Commissioners, shall constitute a quorum for Board meetings. Tape Recordings: The proceedings of all Board meetings shall be recorded electronically. Any person may have a copy of tape a recording of any meeting of the Board by furnishing an appropriate recording tape to the Health Departmerit Director's office and paying the costs of reproduction. . Jefferson County Board of Health Bylaws Page 4 Minutes: Written minutes of each Board meeting shall be prepared and approved by the Board at the subsequent regular meeting. Minutes shall be signed by the Chair at the time of their approval by the Board. Meetings Open to Public: All regular and special meetings of the Board and Board committees shall be open to the public, in accordance with RCW 42.30. Materials to Board Members: Except in cases of emergency, the agenda and materials related to action items shall be sent to Board members in advance of the meeting at which the items will be considered. Section 2. Voting Actions Requiring a Vote: Each member of the Board shall be entitled to one vote on all actions ofthe Board that require a vote. An affIrmative vote of a majority of Board members shall be required to pass an action of the Board, provided that a quorum of the Board is present. Tie Vote: In the event of a tie vote, the action does not pass. Voting By Proxy: There will be no voting by proxy on any question before the Board. Section 3. Ethics Conflict ofInterest: Members of the Board of Health having personal or professional interest on an action item that may be deemed conflicting or infringe upon the appearance of fairness shall declare the conflict and refrain from discussing or voting on such matters. Section 4. Public Testimony General Public Comments: At each meeting, according to the usual order of business, the Chair shall call for general comments. Persons wishing to comment shall give their name. The Chair may establish time limits for individuals who wish to speak. Comments on Action Items: Prior to voting on any item requiring action by the Board, the Chair shall call for comments by persons interested in or affected by the matter under consideration before the Board. Persons wishing to comment on action items shall give their name, and the Chair may establish time limits for individuals who wish to speak. ARTICLE X. MISCELLANEOUS Reimbursement of Expenses: Board of Health members may receive reimbursement for approved expenses related to completion of their responsibilities. '-. Jefferson County Board of Health Bylaws Page 5 ARTICLE XI. . AMENDMENTS TO BYLAWS These Bylaws can be amended at any regular meeting of the Board by two-thirds (2/3) vote, provided the amendment has been submitted in writing to the Board of Health at least ten (10) days prior to said meeting. ADOPTED the 20th day of November, 1997 David Skeen JEFFERSON COUNTY PROSECUTING ATTORNEY Courthouse - P.O. Box 1220 Port Townsend, Washington 98368 Telephone (360) 385-9180 FAX (360) 385-0073 Paul McIlrath, Chief Deputy Prosecutor Richard Suryan, Deputy Prosecutor Juelanne Dalzell, Deputy Prosecut°rb fC Jill Landes, Deputy Prosecutor II'\. I!; C E í V E D FROM: David Specter, D~ of Paul E. McIlrat~ March 26, 1997 MEMORANDUM Heal th & Human serv~s~. fO. HEALTH &: h ,A<~j..:"r-J SERVICES f ~ , p n 1 10 ,I.Lì"Ù';' ...97 TO: DATE: RE: Board o£ Hea~th Revisions: Proposed Ordinance I would like to offer the following comments to assist you in your revision of the proposed ordinance establishing a new Board of Health for Jefferson County. As we discussed by telephone yesterday, the enabling state statute, RCW 70.05.060, allows for the creating of a Board of Health that has powers which are a corollary of the Board of County Commissioners' statutory and police powers; such as the power to establish fee schedules and to pursue enforcement. Thus, there should be no problem with a concern that the grant of enforcement and fee establishing authority would impinge on the Commissioners' powers. There are two specific provisions which could use further revision. Those sections are 8.00.070 and .080 of the proposed ordinance. You should reference to the specific provisions of the Open Public Meetings Act, codified at RCW 42.30 et seq. RCW 42.30.070 requires that the time for a regular meeting be established by ordinance, resolution, bylaws, etc. Since you are establishing the revised Board of Health by resolution, this would be an appropriate place for establishing the regular meeting time. In reference to revisions to section 8.00.080; I understand from our conversation that the Board of Commissioners has directed revisions to ensure that a majority of the Board of Commissioners would be required to establish a quorum. If you have any further questions you require assistance with, please do not hesitate to call upon me. PEM/mm ----------- 1820 Jefferson Street PO Box 1220 Port Townsend, W A 98368 DaD.el Harpole, »latr1ct 1 Gleo Huotlo&ford, »latr1ct :¡ RIchard WoJt, DIstrict 3 RECE~VED {,?R 1 j 1597 MEMO JErr. co. Hi;Þt.LTH & f"if ~U.t\It\.~ <'!""'=~.U)C-~ HuB!!!. ... ~L!Hn t:~ To: From: Subject: Date: David Specter, Director of David Goldsmith, Deputy Director of Public Services Board of Health Expansion Ordinance April 14, 1997 I have reviewed the draft ordinance expanding the Board of Health. From a risk management standpoint, nothing in the ordinance inherently causes a greater exposure to tort liability or other causes of actions than the current Board make-up. This being said, there are a couple of areas I bring to your attention. I presume the current Board has considered these in their discussion to expand their numbers. The R.C.W. establishing the Board of Health grants certain authorities which are spelled out in the proposed ordinance. First, the Board of Health can adopt rules and regulations which here to for had been reserved as the prerogative of the Board of Commissioners acting as the Health Board. It is conceivable the expanded Health Board could adopt a regulation not supported by the Board of Commissioners, yet the Board of Commissioners would be required, under their police powers responsibilities, to enforce such regulation. The likelihood of this occurring I hope would be slim, but it is a possibility. Secondly, the Board of Health adopts the fee schedule for agency operations. As you point out, the concern here may be the lowering of fees thereby creating a shortfall in operating funds. Shortfalls in agency operations have in the past fallen on the general fund for resolution. The majority of the expanded membership could create a fiscal imbalance by their actions without the corresponding responsibility to address the fiscal impacts to other budgets. Again, I would hope the likelihood of this occurring would be negligible. The issues I raise are policy issues and assuming they have been discussed and understood, then I see no reason why the new organizational arrangement would create additional liability or other risks than currently associated with the operation of the Health Board. As with all appointed Boards and Commissioners, our blanket liability policy would cover individual Board members for errors and omissions provided they are operating within the scope of their authority. C. Prosecuting Attorney Phone (360)385-9100 I 1-800-831-2678 Fax (360)385-9382 jeftbocc@olympus.net