[HISTORY: Adopted by the Board of Health of the City of Linden 10-24-2023 by Ord. No. 2023-03. Amendments noted where applicable.]
a. 
The Board of Health shall consist of seven members appointed by the City Council. All members of the Board hereafter appointed shall hold office for the full term of four years except in case of vacancies, which vacancies shall be filled for the unexpired term.
b. 
Each member of the Board of Health must be a resident of the City of Linden.
c. 
The Board of Health may, by motion adopted by a majority of its members present, elect a President from its own members.
d. 
The Board of Health may, by motion adopted by a majority of its members present, appoint the following officers:
1. 
Vice President.
2. 
Secretary.
3. 
Such other officers or assistants as the Board of Health may deem necessary.
a. 
The Board of Health shall have the power and authority to adopt ordinances relating to the protection of the health of City residents, shall employ and have under its jurisdiction the Health Officer, and such other employees as are necessary to carry out its duties, and fix their salaries. The Board of Health shall have and exercise all of the jurisdiction conferred upon Boards of Health by Title 26 of the New Jersey Statutes.
b. 
The President shall:
1. 
Preside at all meetings of the Board.
2. 
Follow the order of business at all meetings, and shall be governed during all meetings by the rules of the Board and by parliamentary usage in the absence of rules covering the proceedings.
3. 
Sign all ordinances, resolutions, and proclamations adopted in their presence.
4. 
Appoint such special committees of the Board as may be required, with concurrence of a majority of the Board, and which shall be governed by the rules of the Board.
5. 
Have such other functions, powers, and duties as the Board may from time to time prescribe.
c. 
The Vice President shall:
1. 
Preside at all meetings of the Board in the absence of the President.
2. 
Sign all ordinances, resolutions, and proclamations adopted in their presence.
3. 
Have such other functions, powers, and duties as the Board may from time to time prescribe.
d. 
The Secretary shall:
1. 
Publish all Board notices and documents in the manner required by law.
2. 
Prepare the agenda for each Board meeting.
3. 
Organize and distribute to Board members all documents required for each meeting, and provide physical copies of same to the public present at each meeting.
4. 
Call the roll at each Board meeting, and record the names of those present in the minutes.
5. 
Announce the result of all matters upon which the Board may vote.
6. 
Keep and maintain the minutes of the Board's proceedings, and maintain all meeting reports, records, and other documents.
7. 
Maintain original signed copies of ordinances, resolutions, and proclamations.
8. 
Have such other function, powers, and duties, as the Board may from time to time prescribe.
e. 
The Health Officer shall:
1. 
Prescribe the internal organization of the work of the Health Department.
2. 
Direct and supervise subordinate staff of the Health Department, and make, alter, and enforce individual work assignments.
3. 
Approve or disapprove payrolls, bills, and claims chargeable to departmental appropriations.
4. 
Maintain and provide such records of work performance and reports on the work of the Health Department as may be required.
5. 
Present a monthly report in writing at each meeting to the Board.
6. 
Address the Board on such matters of health which they may deem necessary.
7. 
Be the executive officer of the Board of Health, and as such, enforce all its rules and regulations and all ordinances related to public health.
8. 
Keep a record in the Board of Health Office of all complaints, of all action taken in relation thereto, and of all inspections and investigations, and of all notices issued.
9. 
Adopt, exercise, and enforce such other measures as may be necessary for the protection of the health of the public.
a. 
The Board of Health shall at least annually appoint a place, day, and hour for an organization meeting, and shall cause same to be published by the Secretary to the public in the manner required by law.
b. 
The Board of Health shall at least annually appoint a place, day, and hour for regular meetings, and shall cause same to be published by the Secretary to the public in the manner required by law.
c. 
The President of the Board of Health may call for a special meeting, and shall appoint a place, day, and hour for such special meeting, and shall cause same to be published by the Secretary to the public in the manner required by law. The call for such special meeting shall specify the purpose of the meeting, and no other business shall be transacted at that meeting.
d. 
The Board of Health itself may call for a special meeting by motion adopted by the majority vote of its members present at any regular meeting, and shall appoint a place, day, and hour for such special meeting, and shall cause same to be published by the Secretary to the public in the manner required by law. The motion calling for such special meeting shall specify the purpose of the meeting, and no other business shall be transacted at that meeting.
e. 
All meetings of the Board of Health shall be advertised to the public, and shall be open to the public, and shall be conducted in accordance with the New Jersey Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
f. 
The Health Officer, or their designee, and any other City officers or employees as may be required, shall attend the meetings of the Board of Health.
g. 
Minutes of each meeting of the Board of Health shall be kept in accordance with the Open Public Meetings Act.
h. 
Order of business at regular meetings shall include:
1. 
Roll call.
2. 
Approval of minutes.
3. 
Public comments.
4. 
Ordinances, resolutions, and proclamations.
5. 
Old business.
6. 
New business.
7. 
Reports.
8. 
Adjournment.
This chapter shall be enforced by the Health Officer or their designee.
a. 
If any provision or portion of a provision of this chapter is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated.
b. 
All ordinances or parts of ordinances, which are inconsistent with any provisions of this chapter, are hereby repealed as to the extent of such inconsistencies.
c. 
No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.
This chapter shall take effect upon final passage in accordance with law.