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HomeMy WebLinkAboutbocc.res.085.2019RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC") OF PITKIN COUNTY, COLORADO, APPROVING THE BOARD OF HEALTH CITIZEN BOARD BYLAWS RESOLUTION NO. Q '��5 -2019 RECITALS WHEREAS, Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution, and WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is authorized to take official action by Resolution for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and WHEREAS, the current Board of Health members were appointed in May of 2018 and the Board consists of four (4) community members and three (3) elected officials. WHEREAS, the current Board of Health bylaws were never approved by the BOCC when the BOH was formed. They are now asking for approval of their current bylaws which includes a request for an alternate community member appointment. WHEREAS, the current Board of Health sees a need for each elected official to have an alternate member as appointed by their respective bodies to be added to this Board. WHEREAS, alternate member positions would only vote when a regular member is absent and must serve at least one (1) year prior to being appointed as a regular member. WHEREAS, The BOCC finds that adoption of this resolution is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a Resolution Approving the Board of Health Citizen Board Bylaws and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTRODUCED, READ AND ADOPTED ON THE 23rd DAY OF OCTOBER 2019. ATTEST: IC BOARD OF COUNTY COMMISSIONERS By: g P schman, Chair Date: `� APPROVED AS TO FORM: MANAARM APPROVAL John Ely; County rney , on Veakk ounty Manager 2 10/29/2019 Pitkin County BoH Bylaws (Updated 10/28/19) - Google Docs tTKIN COUNT*) PUBLIC HEALTH AWS OF PITKIN COUNTY BOARD OF HEALTH low Adopted: September 6th, 2018 ARTICLE I Name Section 1. Name. The name of this Pitkin County citizen board shall be the Pitkin County Board of Health ("Board of Health"). ARTICLE II Purpose and Policy Section 1. Purpose. The purpose of the Board of Health is to work with communities to promote health and prevent disease by protecting and enhancing environments, policies and systems that support positive outcomes for everyone. Section 2. Policy. The policy of the Board is to provide administrative oversight, policy making and financial oversight of the Public Health Agency. Section 3. Additional Policies. The Board of Health may from time to time adopt additional policies to guide the activities of the Board of Health. Such policies will be adopted by Board of Health and/or Board of County Commissioner resolution and shall remain in effect for no longer than five years unless readopted by a subsequent resolution. ARTICLE III Responsibilities Section 1. Functions. In addition to those imposed by law, the Board of Health's functions and responsibilities, as set forth in are as follows: a. To develop and promote the public policies needed to secure the conditions necessary for a healthy community b. To approve the local public health improvement plan completed by the Pitkin County Public Health Agency and submit the local plan to the Colorado State Board of Health, hereinafter referred to as the "State Board", for review c. To appoint the public health director (hired by the County Manager) with a Master's Degree in Public Health or Related Discipline, and have five years of administrative experience in Public Health and two years supervising Public Health professionals. The board of health may substitute professional public health work experience for certain https://docs.google.com/document/d/1 SS6rzYXshgDTDZuVK_qzw-Iad8pSjyyoFTiLf4jns90/edit?ts=5db874c4 1/7 10/29/2019 Pitkin County BoH Bylaws (Updated 10/28/19) - Google Docs jTKIN COUNT PUBLIC HEALTH requirements, or exceptional academic preparation for certain experience ire is when a candidate is otherwise prepared to fulfill the duties. Under certain conditions, board of health may waive the minimum qualifications set forth in 6 CCR 1014-6. If the public health director is not a physician, the Board of Health shall approve the employment of or contract with at least one medical officer to advise the public health director on medical decisions. d. To provide, equip, and maintain suitable offices and all necessary facilities for the proper administration and provision of core public health services e. To determine general policies to be followed by the Public Health Director in administering and enforcing public health laws, orders and rules of the Board of Health, and orders, rules and standards of the State Board f. To issue orders and adopt rules not inconsistent with the public health laws of this state or with the orders or rules of the State Board as the Board of Health may deem necessary for the proper exercise of the powers and duties vested in or imposed upon the Board of Health g. To act in an advisory capacity to the Public Health Director on all matters pertaining to public health h. To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of the powers and duties vested in or imposed upon the Board of Health i. To provide environmental health services and to assess fees to offset the actual, direct cost of such services j. To accept and, through the Public Health Director, to use, disburse, and administer all federal aid, state aid, and other property, services, or moneys allotted to an agency for county public health functions or allotted without designation for purposes that are within the functions of an agency, and to prescribe by rule consistent with the laws of this state, the conditions under which the property, services or moneys shall be accepted and administered. The Board of Health is empowered to enter into agreements that may be required to receive such moneys or other assistance. k. On or before September 1 of each year, to estimate the total cost of maintaining the public health agency for the ensuing fiscal year, expected revenues, and the moneys that may be available from unexpended surpluses. https://docs.google.com/documentId/1 SS6rzYXshgDTDZuVK_qzw-lad8pSjyyoFTiLf4jns9O/edit?ts=5db874c4 2/7 10/29/2019 �jTKIN COUNT PUBLIC HEALTH L� 5 Pitkin County BoH Bylaws (Updated 10/28/19) - Google Docs ARTICLE IV Membership Section 1. Appointments. Appointments to the Board shall be made by the Board of County Commissioners ("BOCC"). There shall be seven (7) members. The Board of County Commissioners may appoint a designee for each elected official (3), and one alternate member to represent the At -Large Members (4), who shall be permitted to vote only in the absence of a regular member. Ideally, an alternate member shall serve a minimum of one (1) year prior to appointment as a regular member. Alternate members are expected to attend Board of Health meetings as defined in Article VI Meetings. Section 2. Term. Each Member shall be appointed for a five (5) year term, unless the Home Rule Charter or state law provides otherwise, staggered so that not all terms expire at the same time.If elected officials from the Board of County Commissioners, City of Aspen and Town of Snowmass Village are serving on the Board of Health, an elected official who leaves office shall be deemed to have resigned from the Board of Health and the replacement elected official will be appointed to complete the term. Non -elected Board of Health members may be reappointed for up to one (1) additional term. Any member desiring to resign from the Board of Health shall submit their resignation in writing to the Secretary who shall present it to the Chair. A resignation is effective upon delivery to either the Secretary or the Chair of the Board of Health. Section 3. Qualifications. Members shall be residents of Pitkin County and shall not be employed by the county or any municipality, as set forth in Charter Section 13.3.1. One member of the Board of Health shall be a representative of the Pitkin County Board of County Commissioners. One member shall be a representative of the City of Aspen. One member shall be a representative of the Town of Snowmass Village. In addition, there shall be four (4) at -large members representing the general populace of the County. To the extent practical, at -large members of the Board of Health shall reflect the diversity of the community it serves, and have expertise in one or more of the following areas: • Public Health • Specialty Fields in Health • Environmental Health • Medicine/Nursing • Health Promotion/Health Education • Mental Health/Social Work • Education • Community Advocacy • Media Relations • Business Section 4. Compensation. Each Member shall serve without pay with the exception of necessary travel and subsistence expenses to attend Board of Health meetings. Section 5. Removal. A Member may be removed from the Board of Health for violation of the Standard of Conduct adopted by the Board of County Commissioners in Ordinance 028-02, https://docs.google.com/document/d/1 SS6rzYXshgDTDZuVK_qzw-Iad8pSjyyoFTiLf4jns90/edit?ts=5db874c4 3/7 10/29/2019 )"AN COUNT PUBLIC HEALTH L� Pitkin County BoH Bylaws (Updated 10/28/19) - Google Docs Attachment #2 including violating this Board of Health's policy on absenteeism. The Chair shall request the Commissioners to remove a Member who is absent from more than two consecutive regularly scheduled meetings within a calendar year without an excuse acceptable to the Board of Health. (In the case of extenuating circumstances, the Board may choose to make an exception to this rule). ARTICLE V Officers Section 1. Officers. The officers of the Board shall be a Chair and Vice -Chair, and may include such other officers as the Board may from time to time appoint. The Chair and Vice -Chair shall,be selected from the members of the Board. The Public Health Director, or their designee, shall serve as the Secretary to the Board of Health but is not a member of the Board of Health. Section 2. Elections and Term of Office. After the formation of the initial Board of Health, Election of Officers shall be held at the following quarterly meeting. Subsequently, elections will occur during the Quarter 1 meeting. The Chair and Vice -Chair shall be elected by nomination of the Board of Health members. Subject to earlier termination, each officer shall hold office for up to one year and until their successor shall have been duly appointed. A member appointed to the office of chair or vice -chair shall have the option of declining the office. Any other officers shall be appointed by the Board at any meeting and will serve at the pleasure of the Board. Section 3. Vacancies. Should the office of the Chair or Vice -Chair become vacant, the Board of County Commissioners shall appoint the successor according to the rotation schedule at a regular or special meeting of the Board, and such appointment shall be for the unexpired portion of the term. A general vacancy on the Board of Health shall be also filled by the Board of County Commissioners, within 60 days. Section 4. Duties. (1) Chair. The Chair shall preside at all meetings of the Board of Health and shall perform all duties usually incident to the office of Chair such as appointing committees, being an ex -officio member of all committees, ruling and recognizing, ensuring that deliberations are fair, open and thorough, but also efficient, timely, orderly, and to the point, leading the Board of Health so that the Board performance is consistent with its own Bylaws, working agreements, and policies, and such other duties as parliamentary custom requires or as may be assigned to them from time to time by the Board of Health. They shall sign, execute and acknowledge, in the name of the Board of Health, minutes, correspondence, and other instruments and communications authorized by the Board of Health. The Chair shall see to the execution of procedures and policies approved by the Board of Health. (2) Vice Chair. In the absence or disability of the Chair, the Vice Chair shall have all https://docs.google.com/document/d/1 SS6rzYXshgDTDZuVK_qzw-lad8pSjyyoFTiLf4jns9O/edit?ts=5db874c4 4/7 10/29/2019 �jIrKIN COUNT PUBLIC HEALTH Pitkin County BoH Bylaws (Updated 10/28/19) - Google Docs Attachment #2 powers of and shall be subject to all restrictions upon the Chair. The Vice Chair shall perform such other duties as shall from time to time be assigned by the Board. (3) Secretary. The Secretary of the Board of Health shall keep the meeting records of the Board of Health, and shall physically maintain those records at the offices of the Pitkin County Public Health Agency. The Secretary and/or the Public Health Director shall also conduct the correspondence of the Board of Health and shall prepare the agenda of every regular and special meeting in consultation with the Chair. ARTICLE VI Meetings Section 1. Regular Meetings. Regular meetings shall be held not less than once each calendar quarters, scheduled for the upcoming year at the annual meeting unless otherwise ordered by the Chair, with notice provided as required by law, provided that the Board of Health may from time to time resolve not to hold a regular meeting or to hold the meeting on a different day or time other than the regularly scheduled day or time. The regular meeting in Quarter 1 shall be designated as the annual meeting of the Board of Health and shall be for the purpose of electing officers, to set the regular meeting schedule for the upcoming year, and for any other business that may arise. Section 2. Special Meetings. A special meeting may be called at any time by the chairperson, the Public Health Director, or by written request of two members of the Board. A minimum notice of 3 days is required, unless said notice is waived with a written agreement of a quorum of Board members or by all members in attendance, to notify each member and the public by posting in the place designated at the first meeting of the year. Emergency meetings may be called by the Public Health Director, or by the majority of the members of the board. Subcommittees shall be appointed by the Chair of the Board of Health to serve at the discretion of the Chair. Section 3. Order of Business. At regular meetings of the Board of Health, the following shall be the recommended order of business: 1. roll call 2. reading and approval of minutes of last meeting 3. public comment 4. report of director 5. old business 6. new business 7. executive session 8. Adjourn Section 4. Voting. Voting shall be either by voice or roll call vote. A roll call vote shall be conducted upon the request of a member of the Board or at the discretion of the presiding officer. Any action requiring a vote shall be decided by a simple majority. https://docs.google.com/document/d/1 SS6rcYXshgDTDZuVK_qzw-Iad8pSjyyoFTiLf4jns90/edit?ts=5db874c4 5/7 10/29/2019 �1T'KIN COUNT PUBLIC HEALTH ~` Lei 7 Pitkin County BoH Bylaws (Updated 10/28/19) - Google Docs Attachment #2 Section 5. Quorum. A majority of members of the Board shall be necessary to constitute a quorum for the transaction of business. Section 6. Parliamentary Procedure. The rules contained in Robert's Rules of Order shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these Bylaws. Consensus shall try to be reached, with time for adjournment if needed. If consensus can not be reached, a simple majority of the regular members of the Board of Health members present and voting is required for a motion to pass. With the written/e-mail consent of all members, the Board of Health may act between meetings by written ballot or electronic mail. Section 7. Meeting Notices and Study Materials. The Public Health Director or their Designee shall furnish the Members advance notice of all meetings and shall deliver, in advance, minutes of the previous meetings and copies of material to be studied or acted upon, including an agenda and a monthly report of the Director, covering items that might otherwise complicate the agenda. Section 8. Agenda. The agenda shall be prepared by the Chair and Public Health Director and copies distributed in advance of the meeting. Other items of the agenda shall include but not be limited to disposition of minutes of the previous meeting and of intervening special meetings, committee reports, as well as old and new business. (The minutes and agenda shall be delivered 48 hours or two business days in advance of the meeting, to each board member). Section 9. Open to the Public. All meetings shall be open to the public, except for executive session as authorized in the Colorado Open Meetings law, C.R.S. 24-6-402. ARTICLE VII Conflict of Interest Section 1. Prohibition on Conduct 1. Members shall abide by the County Standard of Conduct. 2. If an issue arises in which a Member believes they may have a conflict of interest, they must divulge that potential conflict of interest to the County Attorney for an opinion on the validity of the conflict, and inform the Board of Health through a Disclosure Statement. If determined to be in conflict regarding the issue before them, they will refrain from participation in discussion or vote on that issue. 3. Failure to comply with the terms of this section may be deemed adequate cause for removal under Article IV section 5. https://docs.google.com/document/d/1 SS6rzYXshgDTDZuVK_qzw-Iad8pSjyyoFTiLf4jns90/edit?ts=5db874c4 617 10/29/2019 Pitkin County BoH Bylaws (Updated 10/28/19) - Google Docs Attachment #2 f'i'KIN COUNT� PUBLIC HEALTH' ARTICLE VIII Amendment Section 1. Amendment. These Bylaws shall be the province of the BOCC and shall be adopted and amended only by the action of the BOCC. The Bylaws will be reviewed at the annual meeting. Bylaws changes will be proposed, reviewed, and discussed at BoH meetings and then presented to the BOCC, who will determine whether or not the recommended changes shall be adopted and amended. memled and Appi-ovecl: https://docs.google.com/document/d/1 SS6rzYXshgDTDZuVK_qzw-lad8pSjyyoFTiLf4jns9O/edit?ts=5db874c4 7/7