[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
There shall be a Department of Health headed by a Commissioner
of Health. The Commissioner shall be appointed by the County Executive,
subject to confirmation by the County Legislature. The Commissioner
shall be a physician licensed to practice medicine in the State of
New York and possess the qualifications for that office as prescribed
in the New York State Sanitary Code or otherwise by the New York State
Public Health and Health Planning Council. The County Health Commissioner
shall receive such compensation as may be fixed by the Legislature;
provided, however, that such compensation shall not be reduced at
any time during his or her term of office. The County Health Commissioner
shall serve for a term of six (6) years, in accordance with Section
351(3) of the Public Health Law, and shall not be removed during the
term for which he or she shall have been appointed except upon written
charges after a hearing upon due and sufficient notice.
Except as otherwise provided in this Charter, the Commissioner
of Health shall have all the powers and perform all the duties conferred
or imposed upon county health commissioners and county boards of health
by applicable law. In addition, she shall perform such other and related
duties as shall be required or delegated to her by the County Executive
or the County Legislature.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
There shall be within the Department of Health a County Board
of Health, whose members shall be appointed by the County Legislature
in the manner and for the term provided for in the Public Health Law
of the State of New York. The County Board of Health shall, at the
request of the Commissioner of Health, and may, on its own initiative,
advise the Commissioner of Health, County Legislature and County Executive
on matters relating to the preservation and improvement of the public
health within the County, including but not limited to proposed revisions
to the Albany County Sanitary Code, and shall be advisory only, except
to the extent that the Board of Health shall possess and may, at the
request and subject to the direction of the County Commissioner of
Health, exercise those quasi-judicial powers of investigation and
review conferred upon boards of health by Public Health Law. The County
Board of Health shall also advise the County Legislature with respect
to the qualifications of candidates recommended by the Board for appointment
to the position of Commissioner of Health.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
The County Legislature shall adopt, amend or repeal all rules,
regulations, orders and directions relating to health in the County
in such manner and form provided in and not inconsistent with the
Public Health Law of the State of New York or the State Sanitary Code.
Any such rules, regulations, orders and directions so adopted, amended
or repealed by the County Legislature shall be known as the "Albany
County Sanitary Code" and published in the Administrative Code. The
provisions of the Sanitary Code shall have the force and effect of
law upon their publication in the Administrative Code. Penalties for
violation of the Sanitary Code shall be as provided in the Sanitary
Code or other applicable law. Certified copies shall be received in
evidence in all courts and proceedings in the state.
