§ 539. Composition; functions; administration under state and county law.

(a)

The department of health shall consist of the county health officer, the county board of health, and all officers, agents and employees under the authority and supervision of either the county health officer or the county board of health.

(b)

The county executive shall appoint a county health officer, with the advice and consent of the secretary of health of the State of Maryland, and the same shall constitute the appointment required by state law. By virtue of the health officer's appointment, the county health officer shall be secretary of the board, but not a member thereof and consequently, shall not be entitled to a vote on the board. ( Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(c)

All references in this Charter to the head of an office or department shall be construed to include the county health officer as head of the department of health, but nothing in this Charter contained shall be held or construed as affecting or in anywise changing the administration of the county health programs in accordance with the requirements of state law.

(d)

A county board of health is hereby created with the powers and duties of the local board of health as provided in the Health-General Article of the Annotated Code of Maryland. The board of health shall have and perform such other duties and functions as may from time to time be assigned thereto by directive of the county administrative officer or by legislative act of the county council not inconsistent with the general law. In addition to, and not in limitation of, the foregoing powers and duties, the board of health shall have and perform the following special powers and duties not inconsistent with general law: ( Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(i)

To establish policies pertaining to the environmental, physical and mental health services within the county.

(ii)

To establish policies related to land, air and water pollution control, not inconsistent with any state law, and to assist and cooperate with the secretary of health of the State of Maryland with respect thereto.

(iii)

To establish and determine policy for system of public health clinics for the treatment and prevention of physical and mental illnesses and for the education of the public with respect to environmental, physical and mental health.

(iv)

To have general care and responsibility for the health and sanitary interests of the people of the county including the investigation and study of the causes of disease, epidemics, nuisances affecting public health, prevention of contagious diseases and the preservation of health.

(v)

To hold such public meetings and hearings and to cause such studies and investigations to be made as it may deem necessary or appropriate in connection with the above stated powers and duties.

(e)

The county board of health shall consist of seven members, to be appointed by the county executive for terms of three years from the third Monday in December next succeeding their appointment, and they shall hold office until their successors qualify. The executive shall appoint said members annually in groups of two and three. In the event of a vacancy caused by death, resignation or otherwise, the county executive shall appoint a person to fill the vacancy for the balance of the term. (Bill No. 131, 1990, § 1) (Approved by voters Nov. 6, 1990; effective Dec. 7, 1990)

(f)

A member of the board may be removed from office by the county executive for inefficiency, misconduct in office, or wilful neglect of duty.

(g)

Subject to the requirements of state law, the department of health shall be subject to all provisions of this Charter, including those dealing with the employment, suspension and discharge of personnel, the expenditure of county funds, the making of purchases, and the award of contracts.

(h)

The board of health shall annually elect its own chairman and vice-chairman.

(i)

The members of the county board of health shall be reimbursed for such actual expenses as may be incurred by them and approved by the county administrative officer, subject to budget limitations; provided, however, that no salary shall be paid to the chairman or any member of the board of health for their services as such.

(j)

The county board of health shall meet at least nine times annually. Emergency meetings of the board may be called by the chairman either on the chairman's own authority or at the request of the county health officer. All meetings of the county board of health shall be open to the public; provided, however, that upon the affirmative vote of not less than five members of the board, and subject to the provisions of the state Open Meetings Act, it may meet in closed session. ( Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(k)

No rules and regulations prepared and issued by the board of health in accordance with the authority vested in it by state law, no amendments thereto, and no amendments to existing rules and regulations shall take effect unless and until the same be included either verbatim or by reference in a public local law adopted by the county council, and enacted in the manner and form provided in this Charter.

(Bill No. 98, 1962, § 1; Bill No. 104, 1970, §§ 1, 2)