HomeMy WebLinkAboutBOH Bylaws 4.25.2022BYLAWS
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 Jefferson
County Public Health, 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 (rev.04/2022) Page 1
ARTICLE III. REPRESENTATION
Membership: Membership of the Board of Health shall be established consistent
with applicable state law, including RCW 43.20.300, and promulgated regulations.
The appointment of Members to the Board shall proceed as follows:
Elected Officials: The Board shall include all Jefferson County Commissioners,
as well as one member of the Port Townsend City Council, selected by the Council,
and who shall then be appointed by the Board of County Commissioners.
Non -Elected Officials: The Board of County Commissioners shall appoint non-
elected officials to the Board of Health to ensure, to the extent practicable, that the
Board includes a balanced representation of elected officials and non -elected people
with a diversity of expertise and lived experience.
(1) Number: The number of non -elected members, including tribal
representatives, must equal the number of elected officials on the Board.
Elected members of the local board of health may not constitute a majority.
(2) Tribal Representation: As to any federally recognized Indian tribe that holds
reservation, trust lands, or has usual and accustomed areas within the County,
the Board must include at least one of the non -elected members as a tribal
representative selected by the American Indian Health Commission, according
to the selection process prescribed by the Commission.
(3) Residency Requirements: Except for a tribal representative, to be appointed,
an applicant must be able to demonstrate residency in Jefferson County.
(4) Appointment -Categories: Contingent upon there being at least three non-
elected members, one shall be selected from each of the categories below. A
fourth non -elected member may be appointed from any of the categories,
unless a tribal representative, in which case being from one of the categories is
optional.
a. Public health, health care facilities, and providers;
b. Consumers of public health; and
C. Other community stakeholders.
(5) Additional Required Considerations for Appointment as a Non -elected
member: The Board of County Commissioners shall assess the following
when selecting an applicant for appointment as a Non -elected member:
a. Whether the applicant's background meets the qualifications of the
applicant's selected category or categories, as defined below, or as
otherwise defined by a subsequent change in state law;
b. Potential conflict of interest;
C. The applicant's demonstrated commitment to public health;
d. Recommendation from current Board of Health members;
e. Whether the applicant represents a diversity of expertise and lived
experience;
Jefferson County Board of Health Bylaws Page 2
f. Whether the applicant represents the geographic diversity of the
community; and
g. Whether the applicant identifies with a historically underrepresented
community when being considered as a non -elected member
representing consumers of public health.
(6) Categories for Non -Elected Officials Defined: Consistent with WAC 246-
90-010, or as subsequently amended or replaced, the categories from which
Non -elected members must be selected are defined as follows:
a. "Consumers of public health" means the category of persons
consisting of county or health district residents who have self -
identified as having faced significant health inequities or as having
lived experiences with public health -related programs.
b. "Other community stakeholders" means the category of persons
representing the following types of organizations located in the county
or health district:
i. Community -based organizations or nonprofits that work with
populations experiencing health inequities in the county;
ii. Active, reserve, or retired armed services members;
iii. The business community; or
iv. The environmental public health regulated community.
C. "Public health, health care facilities, and providers" means the
category of persons practicing or employed in the county or health
district who are:
i. Medical ethicists;
ii. Epidemiologists;
iii. Experienced in environmental public health;
iv. Community health -workers;
V. Holders of master's degrees or higher in public health or another
field with an emphasis or concentration in health care, public
health, or health policy;
vi. Employees of the public hospital districts located in the county; or
vii. Any of the following providers holding an active or retired license
in good standing under Title 18 RCW: Physicians or osteopathic
physicians; advanced registered nurse practitioners; physician
assistants or osteopathic physician assistants; registered nurses;
dentists; naturopaths; or pharmacists.
viii. In filling this position, preference will be given to appointing an
individual who meets the above criteria and is recommended by
the Public Hospital District No. 2.
Jefferson County Board of Health Bylaws Page 3
(7) Recruitment and Application Processes: The processes for the recruitment
and application for appointment as a Non -elected member of the Board shall,
in all respects, comply with applicable state law. Additionally:
Applicants for non -elected membership on the Board shall be recruited in a
manner intended to solicit a broad pool of applicants that represent a diversity
of expertise and lived experience by, among other things —
a. Providing reasonable advance notice for applicants to apply for
vacancies;
b. Posting of vacancy -announcements in public places, including the
newspaper with the most readership, if any, in the county;
C. Posting of vacancy -announcements in the most common languages
spoken in the county;
d. Posting of vacancy -announcements in all geographic regions
represented by the Board;
e. Working with local community organizations to distribute vacancy
notices; and
f. Complying with applicable provisions of the Americans with
Disabilities Act, Public Law Number 101-336 and chapter 49.60
RCW.
(8) The Board shall develop an application form or process that is consistent with
all applicable law, except that such application or process shall not require an
applicant to provide their political affiliation or voting history. In addition, the
application or process may require an applicant to designate the category or
categories they are applying for as identified and defined above. The Board
may consider applicants for any position for which they are qualified.
(9) All applicants for non -elected positions shall be interviewed in a panel format
by the Board subject to the following:
a. All applicants shall be asked the same questions; and
b. In the event of a substantial number of applicants, the local board of
health may elect to interview a smaller number of applicants as long as
the applicants interviewed include a diversity of expertise and lived
experience.
C. The recruitment process must be consistent with applicable provisions
of chapter 42.30 RCW.
Terms: Appointed members shall serve for three-year terms. Board of Health
members may serve more than one term, including consecutive terms.
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, or as soon as practical, from the date of vacancy. In the event that a
vacancy occurs from the Port Townsend City Council or Jefferson Healthcare District
Jefferson County Board of Health Bylaws Page 4
#2 member, 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.
Nan-Votin Members: The Board, by majority vote, may appoint non -voting
members to the Board for a three-year term.
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 first 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.
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 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 may 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.
Jefferson County Board of Health Bylaws Page 5
ARTICLE VIII. HEALTH OFFICER
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 Meeting. 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 of a majority of the Board. The location of the
meetings shall be within Jefferson County.
Special Meeting: The Chair or two-thirds of the voting 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 from which the
public may be excluded for the purposes set forth in RCW 42.30.110.
Quorum: A majority of all voting 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 request a copy of electronic recording media of any
meeting of the Board by payment of reasonable cost per policy.
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
attending Members 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 regular member of the Board shall be entitled to
one vote on all actions of the Board that require a vote. An affirmative vote of a
majority of voting Board members shall be required to pass an action of the Board,
provided that a quorum of the Board is present.
Voting on Fees: Any decision by the Board related to the setting or modification
of permit, licensing, and application fees may only be determined by the votes of the
city and county elected officials on the Board.
Voting By Proxy: There will be no voting by proxy on any question before the
Board.
Jefferson County Board of Health Bylaws Page 6
Tied Votes: Any vote that results in an equal number of votes cast for and against
shall be resolved as follows: First, after further discussion, the Board shall vote a
second time on the matter, with a second tie -vote causing the matter to be not passed.
In the alternative, by a majority vote of the entire Board upon motion, the matter can
be tabled before taking a second vote and brought back for reconsideration at the next
regularly scheduled meeting, either in the same or revised form.
Section 3. Ethics
Conflict of Interest: 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. If the member or the
Board, by majority vote, determines the conflict of interest to be significant, the
member shall refrain from discussing or voting on the matter.
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 and address. 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 may 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 address. The Chair may establish time limits for
individuals who wish to speak.
Section 5. Public Hearing
The Board shall conduct public hearings prior to adoption of fees, ordinances, rules,
or other exercises of its quasi -legislative powers. All members of the public in
attendance at a public hearing will be allowed to speak if they so desire. Persons
wishing to provide testimony shall give their name. Time limits may be placed on
individual comments at the discretion of the Board Chair and the public should be
advised that comments must relate to the matter at hand. Order and decorum should
be maintained at all times. Rules for the conduct of the hearing should be stated by
the Board Chair at the beginning of the hearing. Following public testimony, the
Board Chair shall close the public hearing and the Board may deliberate and take
action on the matter at hand.
Call for Public Hearin: A public hearing may be called for by an affirmative
vote by a majority of the Board. Public notice will be given at least 10 days prior to a
public hearing of the Jefferson County Board of Health.
Section 6. Appeals Hearing
Board of Health appeal hearings shall be open to the public and presided over by the
chair of the Board of Health. Such hearings shall be recorded. Board of Health
hearings shall be opened with a recording of the time, date, and place of the hearing;
and a statement of the cause for the hearing. The hearing shall be limited to argument
of the parties submitted in writing prior to the meeting and no additional evidence
Jefferson County Board of Health Bylaws Page 7
shall be taken unless, in the judgment of the chair, such evidence could not have
reasonably been obtained and submitted prior to the hearing. Additional appeal
hearing procedures may be required by the specific public health code (e.g. On -site
Sewage, Solid Waste, or Food Safety) that governs the matter under appeal.
ARTICLE X. MISCELLANEOUS
Reimbursement of Expenses: Board of Health members may receive
reimbursement for approved expenses related to completion of their responsibilities.
ARTICLE XI. AMENDMENTS TO BYLAWS
These Bylaws can be amended at any regular meeting of the Board by two-thirds
(2/3) vote of total members, provided the amendment has been submitted in writing to
the Board of Health at least ten (10) days prior to said meeting.
ADO D t�{e 19te day of April, 2022
Greg Brotherton, Chairperson
Jefferson County Board of Health
Jefferson County Board of Health Bylaws Page 8