[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.