The County of Dutchess shall be a health district. There shall be a Department of Health under the direction of a Commissioner of Health, who shall be appointed by the County Executive subject to confirmation by the County Legislature. At the time of his/her appointment, and throughout his/her term of office, the Commissioner 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. He/she shall be appointed on the basis of his/her professional experience and other qualifications for the responsibilities of his/her office. He/she shall be directly responsible to the County Executive, and shall be entitled to written charges, a hearing, and any other rights afforded in the Public Health Law or applicable law before he/she may be removed during the term for which he/she shall have been appointed. The term of the Commissioner shall be four years. The term having commenced December 28, 2021, shall expire December 27, 2025. A new term shall commence December 28, 2025, for four years, and every four years thereafter.
[Amended 12-7-2010 by L.L. No. 2-2011; 12-6-2012 by L.L. No. 7-2012; 12-7-2015 by L.L. No. 7-2015; 8-12-2024 by L.L. No. 1-2024]
The Commissioner of Health shall be the chief administrative officer of the department. Except as otherwise provided in this Charter, he/she shall have all the powers and perform all the duties conferred or imposed by law upon a county commissioner of health, and shall perform such other and related duties required by the County Executive or County Legislature.
There shall be within the department a Board of Health whose members shall be appointed by the County Legislature in the manner and for the term provided in the Public Health Law. The Board of Health, subject to the provisions of the Public Health Law and the State Sanitary Code, shall have the power to formulate, adopt, promulgate, amend or repeal such rules and regulations as may affect public health within the County; to formulate, adopt, promulgate, amend or repeal a County Sanitary Code; to consider any matters that may come to its attention relating to the preservation and improvement of public health within the County, and advise the Commissioner thereon, either at his/her request or upon its own initiative, and from time to time to make recommendations to the Commissioner thereon.
The Commissioner of Health shall have the power to appoint such Deputy Commissioners, assistants and employees of his/her department as shall be authorized by the County Legislature. At the times of their appointment, and throughout their terms of office, all Deputy Commissioners of Health, if any, assistants and employees shall have such qualifications as may be required by law. All Deputy Commissioners, assistants and employees of the department shall be directly responsible to, and serve at the pleasure of, the Commissioner, except as otherwise provided by this Charter, the Administrative Code or applicable law.
The Commissioner of Health, subject to approval by the County Executive, shall designate in writing, and in order of succession, starting with a Deputy Commissioner followed by other deputies, if any, and assistants, who shall be Acting Commissioner of Health in the event of the Commissioner's absence from the County or inability to perform and exercise the powers and duties of his/her office. Such designation shall be filed with the County Clerk and the Clerk of the County Legislature and may be revoked at any time by the Commissioner by filing a new written designation and order of succession. The Acting Commissioner of Health shall have all the powers and perform all the duties of the Commissioner.
Within the Department of Health there shall be a Director of Weights and Measures III, who shall have the powers and duties of a county director of weights and measures as described in Article 16 of the New York State Agriculture and Markets Law. The Director shall also perform such other and related duties as required by the Commissioner of Health provided such additional powers and duties deal primarily with services designed to aid and protect the consumer and are not inconsistent with the provisions of Article 16 of the New York State Agriculture and Markets Law.