§ 351 — County or part-county health commissioner, public health director or county health director; appointment; compensation

§ 351. County or part-county health commissioner, public health\ndirector or county health director; appointment; compensation. 1. The\nboard of health of each county and part-county health district or other\nbody having the powers and duties of a board of health of a county or\npart-county health district or the county executive in those counties\nwhere the county charter provides that said commissioner is to be\nappointed by the county executive shall appoint a county health\ncommissioner, county health director or, when authorized under the state\nsanitary code, public health director; except, however,\n (a) that the boards of health of not more than three county or\npart-county health districts or other bodies having the powers and\nduties of a board of health of a county or part-county health district\nmay appoint the same person to serve as county health commissioner,\ncounty health director or, when authorized by the state sanitary code,\npublic health director for said health districts, if the total\npopulation of health districts is not in excess of one hundred fifty\nthousand according to the latest federal decennial census, provided the\napproval of the commissioner is obtained; or\n (b) the board of health or other body having the powers and duties of\na board of health of a county or part-county health district of any\ncounty health district with a population of less than thirty-five\nthousand according to the latest federal decennial census may appoint\nthe same person employed by a contiguous county or part-county health\ndistrict to serve as county health commissioner, county health director\nor, when authorized by the state sanitary code, public health director\nwithout regard to the total population of both health districts,\nprovided the approval of the commissioner is obtained.\n The commissioner shall periodically review his or her determination to\nensure such employment of the same county health director, director of\npublic health or county health commissioner continues to serve the\ninterest of public health and may terminate his or her approval at his\nor her discretion.\n 2. If the commissioner has approved the appointment of the same person\nto serve as the county commissioner of health or public health director\nof more than one county or part-county health district pursuant to\nsubdivision one of this section, then during the continuation of such\napproval the commissioner may also authorize the same members to be\nappointed to the board of health of each respective health district,\nnotwithstanding their residency in the other county.\n 3. Any boards of health or other bodies having the powers and duties\nof a board of health of a county or part-county health district having\nthe same members shall annually submit such information and reports\nregarding the effect of such employment on administration of the\nrespective health districts and the provision of public health services\nas the commissioner may require. The commissioner shall use such\ninformation in determining whether such common membership continues to\nserve the interest of public health.\n 4. The county health commissioner or public health director shall\npossess such qualifications for office as are prescribed in the sanitary\ncode.\n 5. The county health commissioner or public health director shall\nserve for a term of six years and shall not be removed during the term\nfor which he or she shall have been appointed, except upon written\ncharges after a hearing and upon notice.\n 6. The county health commissioner or public health director shall\nreceive such compensation as may be fixed by the board of supervisors\nor, if the commissioner's approval has been obtained for the employment\nof the same person as the county health commissioner or public health\ndirector pursuant to subdivision one of this section, by the boards of\nsupervisors.\n