2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 351 - County or Part-County Health Commissioner, Public Health Director or County Health Director; Appointment; Compensation.

§  351.  County  or  part-county  health  commissioner,  public health
director or county health director; appointment;  compensation.  1.  The
board  of health of each county and part-county health district or other
body having the powers and duties of a board of health of  a  county  or
part-county  health  district  or the county executive in those counties
where the county charter  provides  that  said  commissioner  is  to  be
appointed  by  the  county  executive  shall  appoint  a  county  health
commissioner, county health director or, when authorized under the state
sanitary code, public health director; except, however,
(a) that the boards of  health  of  not  more  than  three  county  or
part-county  health  districts  or  other  bodies  having the powers and
duties of a board of health of a county or part-county  health  district
may  appoint  the  same  person  to serve as county health commissioner,
county health director or, when authorized by the state  sanitary  code,
public   health  director  for  said  health  districts,  if  the  total
population of health districts is not in excess  of  one  hundred  fifty
thousand  according to the latest federal decennial census, provided the
approval of the commissioner is obtained; or
(b) the board of health or other body having the powers and duties  of
a  board  of  health  of  a county or part-county health district of any
county health district  with  a  population  of  less  than  thirty-five
thousand  according  to  the latest federal decennial census may appoint
the same person employed by a contiguous county  or  part-county  health
district  to serve as county health commissioner, county health director
or, when authorized by the state sanitary code, public  health  director
without  regard  to  the  total  population  of  both  health districts,
provided the approval of the commissioner is obtained.
The commissioner shall periodically review his or her determination to
ensure such employment of the same county health director,  director  of
public  health  or  county  health  commissioner  continues to serve the
interest of public health and may terminate his or her approval  at  his
or her discretion.
2. If the commissioner has approved the appointment of the same person
to  serve as the county commissioner of health or public health director
of more than one county  or  part-county  health  district  pursuant  to
subdivision  one  of  this section, then during the continuation of such
approval the commissioner may also authorize  the  same  members  to  be
appointed  to  the  board  of health of each respective health district,
notwithstanding their residency in the other county.
3. Any boards of health or other bodies having the powers  and  duties
of  a  board of health of a county or part-county health district having
the same members shall annually  submit  such  information  and  reports
regarding  the  effect  of  such  employment  on  administration  of the
respective health districts and the provision of public health  services
as  the  commissioner  may  require.  The  commissioner  shall  use such
information in determining whether such common membership  continues  to
serve the interest of public health.
4.  The  county  health  commissioner  or public health director shall
possess such qualifications for office as are prescribed in the sanitary
code.
5. The county health commissioner  or  public  health  director  shall
serve  for  a term of six years and shall not be removed during the term
for which he or she shall  have  been  appointed,  except  upon  written
charges after a hearing and upon notice.
6.  The  county  health  commissioner  or public health director shall
receive such compensation as may be fixed by the  board  of  supervisors
or,  if the commissioner's approval has been obtained for the employment
of the same person as the county health commissioner  or  public  health

director  pursuant  to subdivision one of this section, by the boards of
supervisors.