[Amended 11-1-2022 by L.L. No. 5-2022[1]]
[1]
Editor's Note: This local law also changed from "Department
of Health" to "Department of Whole Health."
The County of Tompkins shall be a County Health District. There
shall be a Department of Whole Health headed by a Commissioner of
Whole Health, who shall be appointed by the County Administrator,
following consultation with the Board of Health, subject to confirmation
by the Board of Health, Community Mental Health Services Board, Tompkins
County Legislature, and the New York State Commissioners of Health,
Mental Health, Developmental Disabilities and Substance Use. The Commissioner
of Whole Health shall be directly responsible to the Board of Health
for the implementation and enforcement of the County Sanitary Code
and other public health programs, to the Community Mental Health Services
Board for the implementation of policies established by the Legislature
as provided in § C-9.08 of this Charter, and directly responsible
to the County Administrator for the implementation of financial, personnel,
and administrative policies established by the Tompkins County Legislature
that are not directly affecting the public's health within the
County. The term of office shall be six years. The Commissioner of
Whole Health shall meet qualifications as prescribed by Public Health
Law, Mental Hygiene Law and the local Civil Service office.
The Commissioner of Whole Health shall have all the powers and duties as outlined in § C-9.01 and § C-9.07 of this Charter. Should the Commissioner of Whole Health not meet the requirements of Public Health Law for the Public Health Director or Mental Hygiene Law for the Director of Community Services, they shall appoint a Deputy that meets the legal requirements and receives the approvals as outlined above.
The Commissioner of Whole Health shall have all the powers and perform all the duties now or hereafter conferred or imposed by law or code upon a County Public Health Director, together with such other and related duties as may be required by the Tompkins County Legislature or the Board of Health as provided in § C-9.04 of this article. The powers and duties of the Commissioner of Whole Health shall be to:
(a)
Appoint such deputies, assistants, and employees of the Department
as shall be authorized by the Tompkins County Legislature;
(b)
Plan, organize, and direct local public health programs, including
the identification, influence, and treatment of disease and disease
trends throughout the County;
(c)
Direct the operation of environmental health programs to promote
and protect the public health through supervision and regulation of
public eating places, swimming and camping facilities, drinking water
supplies and sewage systems, rabies control, indoor air quality, youth
tobacco control, exposure to chemicals, and other activities as warranted;
(d)
Collect any fees established by the Tompkins County Legislature and
the Board of Health for public health work and remit same to the Department
of Finance;
(e)
Develop or adapt public health materials and campaigns to increase
public awareness of disease, promote healthy behaviors, and reduce
risk factors to prevent the spread of disease; partner with public
and private community groups throughout the County and regionally
in the planning of community health programs;
(f)
Serve as or designate the Vital Statistics Registrar who collects
and records information relating to births, deaths, and other statistics
necessary or appropriate to the maintenance of a responsive health
program throughout the County;
(g)
Implement policies established by the Tompkins County Legislature
and/or the Board of Health as provided in § C-9.04 of this
Charter;
(h)
Serve as or designate the County Early Intervention Official to coordinate
the identification, tracking, and screening of children at risk of
developmental delay;
(i)
Coordinate public-health-related emergency preparedness and response.
There shall be a Medical Director who shall be appointed by
the Commissioner of Whole Health, after consultation with the Board
of Health. The Medical Director shall be directly responsible to the
Commissioner of Whole Health and shall exercise general supervision
and control, in concert with the Commissioner of Whole Health, of
all medical aspects of the Department's operations, including
the medical treatment of patients in public health clinics operated
by the Health District. At the time of appointment and throughout
the term of office, the Medical Director shall be and remain duly
licensed and entitled to practice medicine in the State of New York
and shall have such other qualifications as may be required by law,
the local Civil Service office, and the Tompkins County Legislature.
There shall be a Medical Examiner(s) appointed by the Commissioner
of Whole Health after consultation with the Board of Health. The Medical
Examiner(s) shall be directly responsible to the Commissioner of
Whole Health for the implementation of policies established by the
Tompkins County Legislature. At the time of appointment and throughout
the term of office, the Medical Examiner(s) shall be and remain duly
licensed to practice medicine in the State of New York. The Medical
Examiner(s) shall have all the powers and perform all the duties now
or hereafter conferred or imposed by law upon a medical examiner and
shall perform such other and related duties as may be required by
the Tompkins County Legislature.
There shall be a County Board of Health, the members of which
shall be appointed by the Tompkins County Legislature. The County
Board of Health shall consist of seven members, one of whom shall
be a member of the. Tompkins County Legislature, and at least three
of whom shall be physicians licensed to practice in the State of New
York. In addition thereto, each city that becomes a part of the County
Health District shall be entitled to one additional representative
member of the Board of Health. The term of office of each member of
the County Board of Health shall be six years, and the term of one
of the members shall expire annually, except that the term of office
of the representative member of the Tompkins County Legislature shall
be for such lesser period as may be required in the event that this
member does not continue as a member of the Tompkins County Legislature.
The Board of Health shall have the authority to draft bylaws
for approval by the Tompkins County Legislature, elect officers from
its membership, and establish committees. Updated copies of bylaws
must be kept on file in the office of the Clerk of the Tompkins County
Legislature.
The Board of Health shall have the following powers and duties:
(a)
Formulate, promulgate, adopt, amend or repeal, and publish rules,
regulations, orders, and directives for the security of life and health
in the Health District that shall not be inconsistent with the Public
Health Law or the State Sanitary Code. Such rules, regulations, orders,
and directives shall be known as the "County Sanitary Code";
(b)
Take appropriate action to preserve and improve public health within
the County;
(c)
Consider any matters that may come to its attention relating to the
preservation and improvement of public health within the County and
advise the Public Health Director thereon, either at the Public Health
Director's request or upon its own initiative, and from time
to time make recommendations to the Public Health Director thereon;
(d)
Serve as the governing authority for the Tompkins County Licensed
Home Care Services Agency pursuant to the Codes, Rules, and Regulations
of the State of New York; be responsible for the establishment of
standards of the agency service and care and the approval of standard
clinical regimens; and select and appoint a qualified Agency Administrator
and delegate to the administrator executive authority and responsibility
for the operation of the agency, including the employment of the professional
staff;
(e)
Organize and maintain, or contract for, public health clinics in
Tompkins County;
(f)
Review and make recommendations on the budget of the Department of
Whole Health;
(g)
Operate within the financial, personnel, and administrative County
policies as established by the Tompkins County Legislature;
(h)
With the approval of the Tompkins County Legislature (and the State
Commissioner of Health, where required by law), establish fees for
the services provided by the Department of Whole Health. Both the
Board of Health and the Tompkins County Legislature must mutually
agree on the fees. If a disagreement occurs, the fee schedule shall
return to the Board of Health for review and recommendation back to
the Tompkins County Legislature.
(a)
The affirmative vote of a majority of the total membership of the
Board of Health shall be required to pass any rule, regulation, order,
or directive that constitutes the adoption of, or an amendment or
addition to, or to repeal a portion of the County Sanitary Code. On
the final passage, the question shall be taken by ayes and noes, and
the names of the members present and their votes shall be entered
in the minutes of proceedings.
(b)
Every rule, regulation, order, or directive that constitutes an amendment
or addition to or removal from the County Sanitary Code shall be mailed
or delivered in final form to each member at least 10 calendar days,
exclusive of Sunday, prior to its final passage.
(c)
The Board of Health shall hold a public hearing on every rule, regulation,
order, or directive that constitutes the adoption of, or an amendment
or addition to, or removal from the County Sanitary Code, prior to
its final passage. Such public hearing shall be on at least five days'
notice, published in the official daily newspaper(s) in the County.
(d)
The Board of Health shall cause to be published annually a supplement
to the County Sanitary Code that shall indicate all additions to,
repeals, and amendments of any section of said Code.
(e)
The Commissioner of Whole Health shall cause to be furnished certified
copies of the County Sanitary Code and its amendments for such fees
as may be authorized by law.
The provisions of the County Sanitary Code shall have all the
force and effect of law. Penalties for violation of or nonconformance
with any provision of such County Sanitary Code, or of any rule, regulation,
order, or directive made thereunder, shall be in accordance with provisions
of the Public Health Law of the State of New York. Certified copies
of the County Sanitary Code shall be received in evidence in all courts
and proceedings in the state.
The term "Commissioner of Whole Health" as used in this Charter
shall have the same meaning as the term "Director of Community Services"
as defined in the Mental Hygiene Law. The Commissioner of Whole Health
shall have the power to appoint such Deputy Commissioners of Mental
Health Services, Medical Directors, assistants, and employees of the
Department as shall be authorized by the Tompkins County Legislature.
Such persons shall meet the qualifications fixed by the Mental Hygiene
Law and the State Department of Mental Hygiene. All Deputy Commissioners
of Mental Health Services, assistants, and employees of the Department
shall be directly responsible to the Commissioner. The Commissioner
of Whole Health shall have all the powers and perform all the duties
now or hereafter conferred or imposed by law upon a Director of Community
Mental Health Services. The Commissioner serves as chief executive
officer of the Local Government Unit and Community Mental Health Center
as defined in Mental Hygiene Law. In addition, the Commissioner shall:
(a)
Plan for the development and maintenance of programs for the prevention,
rehabilitation, and treatment of mental health, developmental disabilities,
and substance use disorders within the County pursuant to administrative
orders of funding authorities having the effect of law;
(b)
Initiate, investigate, and process for consideration and approval
by the Community Mental Health Services Board, and approval by the
Tompkins County Legislature where applicable or required, contracts
for service to be rendered by other units of government or private
organizations, and contracts for services by the Department or other
jurisdictions and, when such contracts are approved, monitor compliance
therewith and report back to the Community Mental Health Services
Board;
(c)
Make recommendations to the Community Mental Health Services Board
on the availability and suitability of sources of funding for mental
health facilities or services;
(d)
With the approval of the Community Mental Health Services Board,
the Tompkins County Legislature, and the appropriate State Commissioner,
establish and collect fees from a patient or a person or private or
public agency responsible for his/her care for services rendered to
such patient. Fees so collected shall be paid to the chief fiscal
officer of the County at such times and in such manner as shall be
required by said fiscal officer;
(e)
Provide the Community Mental Health Services Board with such staff
services as it may require in the performance of its duties within
appropriations therefor;
(f)
Perform such other and related duties as may be required by the Tompkins
County Legislature and/or the Community Mental Health Services Board
as provided in § C-9.08 of this Charter.
There shall be a Community Mental Health Services Board, consisting
of 15 members appointed by the Tompkins County Legislature for four-year
terms. Members may serve any number of consecutive terms. Whenever
practicable, at least one member shall be a licensed physician and
one member shall be a certified psychologist; if a psychologist is
not available then at least two members shall be licensed physicians,
such members to have demonstrated an interest in the field of services
for those with mental health conditions (also known as mentally disabled
within the meaning of New York State Mental Hygiene Law). The other
members shall represent the community interest in all the problems
of those with mental health conditions (also known as mentally disabled
within the meaning of New York State Mental Hygiene Law) and shall
include representatives from community agencies for the mentally ill,
the developmentally disabled, and those suffering from substance use
disorders. The Mental Health Services Board shall have such subcommittees
as defined in Mental Hygiene Law.
The Community Mental Health Services Board shall have the authority
to draft bylaws for approval by the Tompkins County Legislature, elect
officers from its membership, and establish committees. Updated copies
of bylaws must be kept on file in the office of the Clerk of the Tompkins
County Legislature. The Board shall meet regularly, at least quarterly,
at the call of its chairperson.
The Community Mental Health Services Board shall have the following
powers and duties:
(a)
Review services and local facilities for those with mental health
conditions (also known as mentally disabled within the meaning of
New York State Mental Hygiene Law) of the area that it serves and
their relationship to local need;
(b)
Determine needs of those with mental health conditions (also known
as mentally disabled within the meaning of New York State Mental Hygiene
Law) of such area;
(c)
Encourage programs of prevention, diagnosis, care, treatment, social
and vocational rehabilitation, special education and training, consultation,
and public education on those with mental health conditions (also
known as mentally disabled within the meaning of New York State Mental
Hygiene Law);
(d)
Develop the program of local services for the area it serves, establish
long-range goals of the local government in its programs for those
with mental health conditions (also known as mentally disabled within
the meaning of New York State Mental Hygiene Law), and develop intermediate-range
plans and forecasts, listing priorities and estimated costs;
(e)
Direct and administer the development of local comprehensive plans
for mental health, developmental disabilities, and substance use disorders
for those residents of the area with mental health conditions (also
known as mentally disabled within the meaning of New York State Mental
Hygiene Law). Copies of this plan shall be transmitted to the Tompkins
County Legislature and the County Administrator or as required by
the New York State Department of Mental Hygiene regulations;
(f)
Seek to assure that the needs of all population groups in the areas
of mental health, developmental disabilities, and substance use disorders
are adequately met, sufficient services are available for all those
residents of the area with mental health conditions (also known as
mentally disabled within the meaning of New York State Mental Hygiene
Law) within its purview, that there is coordination and cooperation
among local providers of services, that the local program is also
integrated and coordinated with the programs of the State Department
of Mental Hygiene, and that there is continuity of care among all
providers of services;
(g)
Have the power, with the approval of the Tompkins County Legislature
where applicable and required, to enter into contracts for the provision
of services;
(h)
Submit annually to the State Department of Mental Hygiene for its
approval and subsequent state aid, a report of long-range goals and
specific intermediate-range plans as modified since the preceding
report, along with a local-services plan (also called "unified services
plan") for the next local fiscal year;
(i)
Establish procedures for execution of the local-services plan;
(j)
Make policy for and exercise general supervisory authority over or
administer local services and facilities provided or supervised by
it, whether directly or through agreements;
(k)
Monitor the effectiveness of the services provided by other facilities
of local government and by voluntary and private facilities which
have been incorporated into its comprehensive program;
(l)
Further programs for special education and training;
(m)
Have the power to conduct or contract for such research as may be
useful in discharging its administrative duties and for the promotion
of scientific knowledge about those with mental health conditions
(also known as mentally disabled within the meaning of New York State
Mental Hygiene Law);
(n)
Serve as a center for the promotion of community and public understanding
of those with mental health conditions (also known as mentally disabled
within the meaning of New York State Mental Hygiene Law) and of the
services necessary for their care and treatment;
(o)
Seek the cooperation of, and cooperate with, other public health
and social services agencies, public and private, in advancing the
program of local or unified services;
(p)
Review and make recommendations on the budget of the Department of
Mental Health Services to the Tompkins County Legislature and the
Department;
(q)
Operate within the financial, personnel, and administrative County
policies as established by the Tompkins County Legislature.
