There shall be a Department of Health, headed by a Commissioner of Health. The method of choosing the Commissioner, as well as his or her qualifications, shall be as provided in § C7.01 of Article VII of the Charter.[1]
[1]
Editor's Note: The Charter is included at the beginning of this volume.
The Commissioner of Health shall have all the powers and perform all the duties conferred or imposed upon County Health Commissioners and/or County Boards of Health by law except as may otherwise be provided by the Charter and this code. The Commissioner of Health shall have and exercise all the powers and duties and shall be subject to all the obligations and liabilities heretofore or hereafter lawfully granted or imposed by the Charter, this code, local law, ordinance or resolution of the County Legislature not inconsistent with the Charter and this code. The Commissioner of Health shall also perform such other related functions as the County Legislature or the County Executive may designate in order to implement and accomplish the policies and responsibilities the County Legislature has prescribed.
[1]
Editor's Note: See § C7.02 of the Charter.
A. 
There shall be a Board of Health consisting of five members, who shall be appointed by the County Executive for terms of five years, subject to confirmation by the Legislature. Of the members first appointed to the Board of Health, one shall hold a term of office for 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 a 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 County Legislature in matters relating to the power 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 recommendation 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(s) of the County Executive, County Legislature and Commissioner of Health 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.
B. 
The Board of Health shall have and exercise such other and related duties required by the County Legislature or the County Executive and shall have and exercise the powers and duties conferred or imposed upon such Board by the Charter[1] and this code.
[1]
Editor's Note: See § C7.03 of the Charter.
C. 
The Board of Health shall, at the request of the Commissioner of Health, and may, on its own initiative, make recommendations and suggestions in writing to the Commissioner of Health or the County Legislature relative to the qualifications and duties of the deputies, officers or employees of the Department. The Board of Health may also make recommendations and suggestions to the County Legislature relative to the operation of the Department of Health.
D. 
The members of such Board shall receive no salary or compensation for their services but shall, within the appropriations provided therefor, be entitled to actual and necessary disbursements and expenses in performing the duties of their office.
The Commissioner of Health shall organize the Department of Health in such manner as may be necessary to perform and direct such health functions, programs, services and/or facilities as may be provided within the budgetary appropriations therefor by the County Legislature.
A. 
The Commissioner of Health, within the appropriations provided therefor, shall appoint such officers, assistants and/or employees in his or her Department, including such actual deputy positions as may be authorized and budgeted, as shall be authorized by the County Legislature. All Deputy Commissioners of Health shall serve at the pleasure of the Commissioner of Health, subject to all applicable provisions of New York State law.
B. 
The Commissioner of Health shall designate and deputize a deputy or deputies to whom shall be delegated all the powers and duties of the Commissioner of Health and the authority to act generally for and in place of said Commissioner of Health.
C. 
The designation or designations shall be in writing and shall designate the relative rank of the deputies, including the order of temporary succession to the duties of the Commissioner of Health during absence, disability or otherwise and also may delegate among them such powers and duties as he or she may determine. The designations and delegations shall be in writing and filed in the Department of Records, and copies thereof shall be filed with the Clerk to the County Legislature and with the County Executive.
On or before March 1 in each year, the Commissioner of Health shall make an annual report for the immediately preceding calendar year, covering generally the work of his or her Department. The Commissioner shall make such other reports at such times as may be required by the County Legislature, County Executive, New York State Department of Health or any applicable law. Copies of all reports shall be filed with the Clerk to the County Legislature and the County Executive.