There shall be a Department of Health, headed by a Commissioner
of Health, who shall be appointed by the County Executive for the
term of office for which the County Executive is elected, subject
to confirmation by the legislature. In appointing the Commissioner
of Health, the County Executive shall consult with the Board of Health.
The Commissioner of Health shall be a physician experienced in public
health administration and shall meet the qualification for the responsibilities
of his or her office prescribed by the New York State Sanitary Code,
or otherwise by the Public Health Law of this state.
Except as otherwise provided in this Charter, the Commissioner
of Health shall have and exercise all the powers and duties conferred
or imposed upon a County Health Commissioner and upon County Boards
of Health by the Public Health Law or any other law. He or she shall
perform such other and related duties required by the County Executive.
There shall be a Board of Health consisting of five members
who shall be appointed by the County Executive for a term of five
years, subject to confirmation by the Legislature. Of the members
first appointed to the Board of Health, one shall hold office for
the term of one year; one for the term of two years; one for the term
of three years; one for the term of four years; and one for the term
of five years from and after their appointment. Two members so appointed
shall be physicians. If a vacancy shall occur otherwise than by expiration
of a term, it shall be filled by appointment for the unexpired term.
The Chairperson of such Board shall be selected by the members of
the Board for a term of one year. The Board of Health shall advise
the County Executive and the Legislature in matters relating to the
powers and duties of the Commissioner of Health. The members of the
Board of Health shall further have the power to inspect and review
all facilities and programs of the Department of Health, with or without
notice to the Commissioner of Health, and may report and make recommendations
to the County Executive, County Legislature and Commissioner of Health.
All such reports shall be deemed public records and available for
inspection at the office of the County Executive at all reasonable
times. The Board of Health shall also advise and consult with the
Capital Projects Committee with respect to all capital projects necessary
for the Department of Health. The Board of Health shall have and exercise
such other and related duties required by the Legislature or the County
Executive.