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HomeMy WebLinkAboutbocc.ord.038.2021 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AMENDING ORDINANCE 85-2019 AND APPROVING CHANGES TO THE PITKIN COUNTY BOARD OF HEALTH BYLAWS ORDINANCE NO. 038-2021 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary, and WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and WHEREAS, The Pitkin County Board of Health met on October 14, 2021 and proposed changes to their bylaws, and WHEREAS, Any changes made to the Board of Health bylaws require approval by the Pitkin County Board of County Commissioners, and WHEREAS, The Board finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance to be effective immediately upon adoption, and WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance of the Board of County Commissioners of Pitkin County, Colorado, Amending Ordinance 85-2019 and Approving Changes to the Pitkin County Board of Health Bylaws and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. INTRODUCED AND FIRST READ ON THE 27th DAY OF OCTOBER, 2021 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 3rd DAY OF NOVEMBER, 2021. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 21st DAY OF October, 2021. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 21st DAY OF October 2021. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 3rd DAY OF November 2021. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 4th DAY OF November, 2021. POSTED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 11th DAY OF November, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS Bya 61 By: 2z47 � Julia Ely Kelly McNicholas Kury, Chair Deputy County Clerk Date: Nov-20-2021 APPROVED AS TO FORM: MANAGER APPROVAL 5c, Et/ KAP MAU, John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager fl1TKIN COUNT1[ PUBLIC HEALTH �� •. BYLAWS 0 FPITK N CO LNTY BO ARD 0 FH FALTH Adopted: July 15, 2021 Revised: June 15, 2021 Adopted: October 14, 2021 Revised: October 14, 2021 Am aided by Ordinance 038 -2021 on November 3,2021 The proposed changes were voted upon by the Board of Health on October 14, 2021 to be recom m nded for adoption by the Board of County Com mssioners for the following reasons: • Delaying Officer Elections until Quarter 2: This will allow for full consideration of newly appointed BoH m e mtrs as well as BoH m e mars that m y be leaving the BoH since BoH appointor acts by the BoCC typically take place in M arch or April of each year. • Updates to the Appointm ant Process for the Director Position: To add clarity on the roles and responsibilities of the BoH in appointing the Director position as well as what approvals are needed by the BoCC and what support will be provided by County staff. ARTICLE I Nam e Section 1. Name The nam eof 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 corn m nities to prom de health and prevent disease by protecting and enhancing environm ants, policies and system sthat support positive outcom cs for everyone. Section 2. Policy. The policy of the Board is to provide adm histrative oversight,policy m acing and financial oversight of the Public Health Agency. Section 3. Additional Policies. The Board of Health may from tim eto tim eadopt 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 Corn mssioner resolution and shall rem an in effect for no longer than five years unless readopted by a subsequent resolution. 1 4)1TKIN COUNT1[ PUBLIC HEALTH 4'..*h"'- --grlah1'"t ARTICLE III Responsibilities Section 1. Functions. In addition to those im posed by law, the Board of Health's functions and responsibilities, as set forth in are as follows: a. To develop and prom ate the public policies needed to secure the conditions necessary for a healthy corn m nity b. To approve the local public health im govern an plan corn lieted by the Pitkin County Public Health Agency and subm t the local plan to the Colorado State Board of Health, hereinafter referred to as the "State Board", for review c. To review applications, conduct interviews (as needed), and appoint the public health director with a M aster's Degree in Public Health or Related Discipline, and have five years of adm histrative experience in Public Health and two years supervising Public Health professionals. The Board of Hliealth may substitute professional public health work experience for certain academ it requirem ants, or exceptional academ i✓preparation for certain experience requirem cots when a candidate is otherwise prepared to fulfill the duties. Under certain conditions, Bboard of Hirealth m w waive the m him im qualifications set forth in 6 CCR 1014-6. If the public health director is not a physician, the Board of Health shall approve the em lioym ant of or contract with at least one m clical officer to advise the public health director on m adical decisions. The Board of Health shall also m de salary recom m udations to the County Adm histration, who will determ he final salary am aunts based on set agreem ants with the Board of County Com mssioners and County Hum an Resources policies, such as corn liiance with the Equal Pay Act. All Pitkin County em ploym ant policies shall apply to the em lioym ant of the public health director. d. To provide, equip, and m anthill suitable offices and all necessary facilities for the proper adm histration and provision of core public health services e. To determ he general policies to be followed by the Public Health Director in adm roistering 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 im posed upon the Board of Health g. To act in an advisory capacity to the Public Health Director on all m aters pertaining to public health h. To hold hearings, adm hister oaths, subpoena witnesses, and take testim my in all m aters relating to the exercise and perform awe of the powers and duties vested in or im posed upon the Board of Health i. To provide environm antal 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 adm hister 2 4)1TKIN COUNT11 PUBLIC HEALTH aalalealig4 all federal aid, state aid, and other property, services, or m meys 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 m meys shall be accepted and adm nistered. The Board of Health is em p)wered to enter into agreem acts that m ay be required to receive such m meys or other assistance. k. On or before Septem ter 1 of each year, to estim ae the total cost of m aintaining the public health agency for the ensuing fiscal year, expected revenues, and the m meys that m ay be available from unexpended surpluses. ARTICLE IV Mem bership Section 1. Appointm cuts. Appointm ants to the Board shall be m ale by the Board of County Com mssioners ("BOCC"). There shall be seven(7) m an hers. The Board of County Corn mssioners m w appoint a designee for each elected official (3), and one alternate m an her to represent the At-Large Mein hers (4),who shall be perm iced to vote only in the absence of a regular m an ter. Ideally, an alternate mem her shall serve a m him un of one (1) year prior to appointor art as a regular mem ter. Alternate m an lers are expected to attend Board of Health m(clings as defined in Article VI Meetings. Section 2. Term.Each M ern ter shall be appointed for a five (5)year term,unless the Horn eRule Charter or state law provides otherwise, staggered so that not all term s expire at the sam etim e If elected officials from the Board of County Corn mssioners, City of Aspen and Town of Snowm ass Village are serving on the Board of Health, an elected official who leaves office shall be deem al to have resigned from the Board of Health and the replacem ant elected official will be appointed to corn Bete the term .Non-elected Board of Health m an ters m ay be reappointed for up to one (1) additional term. Any m an her desiring to resign from the Board of Health shall subm 1 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. Q mlifications. M em hers shall be residents of Pitkin County and shall not be employed by the county or any m micipality, as set forth in Charter Section 13.3.1. One m an ter of the Board of Health shall be a representative of the Pitkin County Board of County Com mssioners. One m an her shall be a representative of the City of Aspen. One m an her shall be a representative of the Town of Snowm ads Village. In addition, there shall be four(4) at-large m an bus representing the general populace of the County. To the extent practical, at-large m an bus of the Board of Health shall 3 4)1TKIN COUNT1[ PUBLIC HEALTH (75 •. reflect the diversity of the corn m nity it serves, and have expertise in one or f the following areas: • Public Health • Specialty Fields in Health • Environm aital Health • M edicine/Nursing • Health Prom ction/Health Education • Mental Health/Social Wcrk • Education • Com m nity Advocacy • Media Relations • Business Section 4. Corn pensation. Each M em ter shall serve without pay with the exception of necessary travel and subsistence expenses to attend Board of Health m cetings. Section 5. Rem oval.A Mein her m w be rem wed from the Board of Health for violation of the Standard of Conduct adopted by the Board of County Corn mssioners in Ordinance 028-02, including violating this Board of Health's policy on absenteeism .The Chair shall request the Com mssioners to rem we a M em ter who is absent from m cre than two consecutive regularly scheduled m,xtings within a calendar year without an excuse acceptable to the Board of Health. (In the case of extenuating circum fiances, the Board m w choose to make an exception to this rule). ARTICLE V 0 ficers Section 1. 0 ficers. The officers of the Board shall be a Chair and Vice-Chair, and m y include such other officers as the Board m y from tim eto tim eappoint. The Chair and Vice-Chair shall be selected from the m an ters of the Board. The Public Health Director, or their designee, shall serve as the Secretary to the Board of Health but is not a m an ter of the Board of Health. Section 2. Elections and Term of 0 fice. After the form lion of the initial Board of Health, Election of Officers shall be held at the following quarterly m ceting. Subsequently, elections will occur during the uarter 2 meeting. The Chair and Vice-Chair shall be elected by nom nation of the Board of Health man ters. Subject to earlier term nation, each officer shall hold office for up to one year and until their successor shall have been duly appointed. A m ter 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 m ceting and will serve at the pleasure of the Board. 4 pTKIN COUNT11 PUBLIC HEALTH IM116014 Vacancies. Should the office of the Chair or Vice-Chair becom evacant, the Board of County Corn mssioners shall appoint the successor according to the rotation schedule at a regular or special m ceting of the Board, and such appointm alt 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 Corn masioners, 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 corn mtiees, being an ex-officio m an ber of all corn mftees, ruling and recognizing, ensuring that deliberations are fair, open and thorough, but also efficient, tim dy, orderly, and to the point, leading the Board of Health so that the Board perform aice is consistent with its own Bylaws,working agreem acts, and policies, and such other duties as parliam altary custom requires or as m y be assigned to them from tim eto tim eby the Board of Health. They shall sign, execute and acknowledge, in the nam eof the Board of Health, m hutes, correspondence, and other instrum acts and corn m nications 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 powers of and shall be subject to all restrictions upon the Chair. The Vice Chair shall perform such other duties as shall from tim eto tim e be assigned by the Board. (3) Secretary. The Secretary of the Board of Health shall keep the m ceting records of the Board of Health, and shall physically m antain 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 m ceting in consultation with the Chair. ARTICLE VI Meetings Section 1. Regular Meetings. Regular m xtings shall be held not less than once each calendar quarter, scheduled for the upcom ng year at the annual m acting unless otherwise ordered by the Chair, with notice provided as required by law,provided that the Board of Health m ay from tim eto tim eresolve not to hold a regular m ceting or to hold the m xting on a different day or tim eother than the regularly scheduled day or tim e The regular meeting in Quarter 1 shall be designated as the annual meeting of the 5 4)1TKIN COUNT1[ PUBLIC HEALTH c:5 •. Board of Health and shall be for the purpose of electing officers, to set the r m ceting schedule for the upcom ng year, and for any other business that m arise. Section 2. Special Meetings. A special m eating m y be called at any tim eby the chairperson, the Public Health Director, or by written request of two m an bars of the Board. A m nim un notice of 3 days is required, unless said notice is waived with a written agreem eit of a quorum of Board m an hers or by all man hers in attendance, to notify each man ter and the public by posting in the place designated at the first meeting of the year. Em agency m cetings m w be called by the Public Health Director, or by the m 4ority of the man tors of the board. Subcom mttees shall be appointed by the Chair of the Board of Health to serve at the discretion of the Chair. Section 3. 0 ider of Business. At regular m oetings of the Board of Health, the following shall be the recom m tided order of business: 1. roll call 2. reading and approval of m flutes of last m Eating 3. public corn m at 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 m an her of the Board or at the discretion of the presiding officer. Any action requiring a vote shall be decided by a sim lie majority. Section 5. Q wrum.A m jority of men tors of the Board shall be necessary to constitute a quorum for the transaction of business. Section 6. Parliam€ntary 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 tim efor adjournm ait if needed. If consensus can not be reached, a sim lie m jority of the regular m an hers of the Board of Health m an tors present and voting is required for a m ction to pass. With the written/e-m al consent of all m an tors, the Board of Health may act between m cetings by written ballot or electronic m al. 6 4)1TKIN COUNT1[ PUBLIC HEALTH C • Meeting Notices and Study Materials. The Public Health Director or their Designee shall furnish the M hers advance notice of all m(clings and shall deliver, in advance, m hutes of the previous m wtings and copies of m aerial to be studied or acted upon, including an agenda and a m rnthly report of the Director, covering item sthat might otherwise corn Plicate the agenda. Section 8. Agenda. The agenda shall be prepared by the Chair and Public Health Director and copies distributed in advance of the m xting. Other item sof the agenda shall include but not be lim led to disposition of m flutes of the previous m xting and of intervening special m cetings, corn mttee reports, as well as old and new business (The m flutes and agenda shall be delivered 48 hours or two business days in advance of the m xting, to each board m en ter). Section 9. 0 pen to the Public. All m,xtings 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. M em hers shall abide by the County Standard of Conduct. 2. If an issue arises in which a M an ter believes they may have a conflict of interest, they mist 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 Statem att. If determ fled to be in conflict regarding the issue before them,they will refrain from participation in discussion or vote on that issue. 3. Failure to corn liy with the term sof this section m y be deem al adequate cause for rem oval under Article IV section 5. ARTICLE VIII Am aidm ait Section 1. Am aidm art. These Bylaws shall be the province of the BOCC and shall be adopted and am ended only by the action of the BOCC. The Bylaws will be reviewed at the annual m xting. Bylaws changes will be proposed, reviewed, and discussed at BoH meetings and then presented to the BOCC, who will determ he whether or not the recom m aded changes shall be adopted and am aided. 7 PirpuKB INOUNTLIC HEALTH L.5 8