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Board of Health By-laws

Article I – Name and Authority

The name of the organization shall be the Marshall County Board of Health, here-in after referred to as the “Board”. The board is a single county organized under Chapter 16, Article 2, Section 10 of the West Virginia Code.

Article II – Membership

Section I. Number of Members and Appointments

The board shall be comprised of five (5) members appointed by the County Commission.

Section II. Qualifications (Terms of Appointment and Reappointment)

All members of the board of health shall be citizens and residents of the county they are appointed to represent. No more than two members who reside in the same magisterial district may be appointed and no more than two members may be appointed who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation. No more than three members may belong to the same political party. (Article 2, 16-2-7)

Section III. Tenure – Each member shall serve a five year term and shall be eligible for reappointment. Members shall serve until their duly qualified successor has been appointed. Members may be reappointed for additional terms of five years. (16-2-9)

Section IV. Compensation — Board members shall serve without compensation. 16-2-9 (d)

Section V. Oath of Office – Each member of the Board shall be administered an oath of office when duly appointed. The Oath may be administered by the County Clerk or a judge. Oath of office shall be duly recorded. 16-2-9 (a)

Section VI. Vacancies — Vacancies shall be filled by following State guidelines and making a recommendation to the County Commission for appointment. Any vacancy on the board shall be filled by the County Commission and shall be for the unexpired term.

Section VII. Removal from Office – No member of the board may be removed from office during the term for which they are appointed, except for official misconduct, incompetence, neglect of duty or gross immorality. 16-2-9 (c)

Section VIII. Expenses – members may receive reimbursement for travel and other reasonable and necessary expenses incurred in the performance of their duties. 16-2-9 (d)

Section IX. Conflict of Interest – Each board member is required to sign a Conflict of Interest Statement.

Article III – Meetings

The Board of Health shall comply with the requirements of WV Code 6-9A-1 through 6-9A-8 regarding open governmental proceedings.

Section I. Attendance – No board member shall miss more than two meetings during a fiscal year. If the third meeting is missed, the board member may be in jeopardy of being removed from the board. As an alternative to missing a meeting, members may participate in a meeting by conference call if arranged ahead of time.

Section II. Quorum – A quorum must be established by the board and recorded in the minutes. A quorum of the board for transacting business is a simple majority of the constituent membership of the board. 16-2-10 (b)

Section III. Meeting Types and Frequency

A. Regular meetings shall be held at least four times a year for
counties with a population less than 30,000 residents and six times a year for those counties with a population over 30,000 residents. 16-2-10 (a) Regular meetings shall be held at least six (6) times a year. Board members shall receive written notice of the meeting at least five (5) days prior to the meeting.

B. Special – Special meetings of the Board shall be called by
the Chairperson, the Secretary, or by two members of the Board, upon written request to the Secretary. Board members shall be provided in writing or in person, notice and the agenda for the meeting, at least five (5) days prior to the meeting date.

C. Emergency – Notice will be given to the public and to the news media as much in advance as possible of the meeting date.

D. Written Consents or Meetings by Telephone: Any action required or permitted to be taken at any meeting of the Board may be taken without a meeting if all members of the Board consent thereto and the writing or writings are filed with the minutes of proceedings of the Board. Members of the Board may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this method shall constitute presence in person at such meeting.

E. Public Hearing — Notice of a public hearing will be published as
a Class I legal advertisement in the local newspapers at least seven days prior to the date of the public hearing, as well as, posted on the door of the health department facility. Public comment shall be accepted from those who sign in prior to the beginning of the hearing. Each speaker will be limited to five (5) minutes to address the Board. Speakers will introduce themselves by name and address before beginning. Speakers may choose to donate their time to another speaker. Response will be made by the Board if appropriate.

Section IV. Meeting Methods and Procedures

A. Public Notification – Notices of all meetings shall be given to
the public in writing by a notice in the local newspapers and by posting an announcement on the door of the health department facility. All members of the Board shall be notified of the date, time, and place of each meeting at least five (5) days in advance of each scheduled meeting.

B. Minutes and Records: The Board shall provide for the
preparation of written minutes of all its meetings. Minutes shall be available to the public within a reasonable time after the meeting and shall include the following information:

The date, time, and place of the meeting
The name of each board member present or absent
All motions, proposals, resolutions, orders, ordinances, and measures proposed, the name of the person proposing the same and their disposition, and the result of all votes.
Minutes of the Executive Session may be limited to material which is not inconsistent with the provisions of Chapter 6 Article 9A Section 5 of the West Virginia Code.

C. Executive Session – Notwithstanding any other provision or
law or regulation, all meetings of the Board shall be open to the public, excepting the provisions of Chapter 6, Article 9A, Section 4 of the West Virginia Code. An executive session may be held upon a majority affirmative vote of the members present to discuss such subjects as are covered under current law. Chapter 6-9A-4

D. Agenda – An agenda shall be prepared and be available to board members and the public at least five (5) days prior to the meeting. An agenda shall include time and date of the meeting, approval of the minutes of the previous meeting, items to be discussed, and any actions to be considered by the board.

E. Voting – Each member shall have one vote including the

Article IV. Powers and Authority

The board shall have the power and authority to adopt and promulgate, and amend such rules and regulations, consistent with the laws of the state of WV, as may be necessary and proper for the protection of the general health of the county or municipality, and the prevention of the introduction, propagation, and spread of disease. All rules and regulations shall be filed with the clerk of the county commission, and with clerk, recorder of the municipality as defined by Chapter 16, Article 2, Section 10 of the West Virginia Code.

Section I. The board of health shall have the authority to appoint a full or part-time physician/director to serve at the will and pleasure of the appointing authority for the term of one year and approval by the commissioner of the state Bureau of Health. Such physician/director shall be a physician, licensed or eligible for licensure as a physician in the state of West Virginia. Compensation for services provided by said health officer shall be established by the Board of Health. The health officer is to serve as the Secretary of the Board

Section II. Powers and Duties: (Refer to Article 2. Local Boards of Health, Section 16-2-11 for duties and Leg Rule 64-73-5)

Section III. Election of Chairperson Must be done annually at the first meeting of the fiscal year .

Section IV. The Board of Health shall employ an administrator or designate a staff member or shall contract for an administrator to manage day-to-day operations.

Section V. The Board of Health shall employ or contract with any administrative, clerical, or other persons, to serve as needed and at the will and pleasure of the local board of health. Staff and other contractors providing services to the board shall comply with applicable WV certification and licensure requirements. Eligible staff employed by the board shall be covered by the rules of the Division of Personnel under Section Six, Article Ten, Chapter 29 of this code. The Board of Health may develop and adopt a merit system for all employees of the county health department that shall be similar to the State Merit System. (Chapter 16-2-11, (10), (2) – Merit system)

Article V. Officers

Section I. Types of Officers


Section II. Election and Term – Chair and Vice-Chair shall be elected by the Board at the first meeting of the fiscal year. The term of office is one year and begins at the end of the meeting in which they are elected. An officer shall be eligible for re-election to the same office.

Section III. Duties of Officers

Chairperson: The Chairperson shall preside at all meetings of the Board and shall perform duties as custom and parliamentary procedure may require; call special meetings as needed; appoint all members to standing or special committees; make and execute contracts in the ordinary course of business; execute other legal instruments when authorized by the Board; sign all official documents as required by the Code of West Virginia; and serve as the official spokesman for the board.

Vice-Chairman: The Vice Chairperson shall assist the Chairperson
in the performance of the duties of the office and shall preside at meetings in the absence of the Chairperson. The Vice Chairperson shall have other duties as may be assigned by the Board.

Secretary: The Health Officer, or designee, shall serve as Secretary and shall record written minutes of all meetings and shall provide copies to each board member and to the office of Local Health and the Commissioner of the Bureau for Public Health.

Section IV. Vacancies of Officers –

If a vacancy occurs in the office of Chairperson, the Vice-Chairperson shall become Chairperson. If a vacancy occurs in the office of Vice Chairperson, the Board shall, by majority vote, fill the vacancy until the next election.

Article VI. Financial Management (Reference to Legislative Rule 64-CSR 73 – 8. Financial Management)

8.1 The board shall participate in audits of and shall be in compliance with procedures required by the State tax commissioner. The board shall include a copy of the most recent audit report with the annual submission of the program plan required by Section 10.1.3 of this rule.

8.2 The board shall identify in writing staff or contract staff who have the authority.

8.2.1 Handle cash;

8.2.2 Sign checks; and

8.2.3 Approve or disapprove expenditures

8.3 The board shall establish a written schedule and procedures for reimbursement of employee travel and other expenditures.

8.4 Contracts, memoranda, or other forms of agreement between the board and other parties shall be in writing.

8.5 The board shall establish a procedure to monitor program costs, revenues, and expenditures.

8.6 No later than thirty (30) days prior to the first day of July, the board shall develop a budget for the coming fiscal year. The budget shall identify and provide details of the operation expenses needed for each individual program and other activities.

Article VII. Parliamentary Authority

The rules contained in the current edition of “Robert’s Rules of Order, Newly Revised”, shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these by laws and any special rule of order the Board may adopt.

Article VIII. Amendment to the Bylaws

These bylaws may be amended at any regular or special meeting of the Board, provided a quorum is present. Changes must be approved by a simple majority vote of the Board members present, provided that each member has received written notice of the proposed amendments no less than 30 days prior to the vote.

Title 64 Legislative Rule Division of Health Series 73 Standards for Local Board of Health; Article 2 – Local Boards of Health 16-2-1 through 16-2-15.

Open Governmental Proceedings Chapter 6-9A-1 through 6-9A-9.