REDLINED_FINAL MC BOH BYLAWS.PDF

Bylaws of the
Maricopa County Board of Health
Article 1
Name
The name of this Board shall be the Maricopa County Board of Health, hereafter referred
to as the “Board of Health.”
Article II
Responsibility
The Board of Health is responsible for recommending rules, regulations and ordinances
for the protection and preservation of the public health. The Board of Health is appointed
by and responsible to the Maricopa County Board of Supervisors, as provided by Title 36,
Chapter 1, Article 4, Arizona Revised Statuses, as amended.
Article III
Powers and Duties
These are the powers and duties of the Board of Health related to the Department of
Public Health and the Department of Environmental Services. The Board of Health shall
recommend rules, regulations and ordinances to the county Board of Supervisors for
adoption and enforcement in the county and perform other duties consistent with the state
law. In this role, the Board of Health is not limited to the following duties, but may:
1. Advise the local health department director and request from the director
information if it deems necessary.
2. Advise the Board of Supervisors regarding suitable offices, facilities and
equipment for the health department.
3. Annually, before May 1 each year, estimate the cost of maintaining the local
health department for the ensuing fiscal year, and also the amounts of money that
may be available from unexpended surpluses from grants or donations. The
estimates shall be submitted in the form of a budget on or before May 1 each year
to the Board of Supervisors.
4. Review, recommend, or adopt a schedule of reasonable fees to be collected by the
department for issuing or renewing licenses or permits or for other services as
authorized by law and rules of the director of the Department of Public Health or
the director of Environmental Services, subject to the provisions of A.R.S. § 36-
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187. Any such fee or schedule shall be approved by the Maricopa County Board
of Supervisors.
5. Serve as a forum for appeals the health officer’s decision on variances from the
parts of Chapter VI, Bathing Places, which are more restrictive than Arizona State
Administrative Code.
6. Cooperate with local Chambers of Commerce and other interested persons or
organizations and hold public meetings.
7. Serve as a forum for appeals, revocations, or suspensions of permits issued by the
Department of Public Health, as may be required by law.
8. The Board of Health shall annually review the Health Status report of the
Maricopa County.
Article IV
Membership; Terms
The Board of Health shall consist of eleven members, appointed by the Board of
Supervisors, consistent of thewith state law. If the Board of Supervisors fails to appoint
within two months of the date of vacancy, the Board of Health shall submit names to the
appropriate supervisor/supervisors for consideration.
Members appointed to the Board of Health shall serve staggered terms of four years.
Members who fail to attend three consecutive meetings shall be considered as resigned
from the Board, but the Board of Health may, for good cause, grant leaves of absence to
its members.
Appointment to fill a vacancy in the membership of the Board of Health caused other
than by expiration of term shall be for the unexpired portion of the term.
In instances of unethical or illegal behavior or malfeasance in office by a member of the
Board of Health, the Chairman of the Maricopa County Board of Supervisors may
demand the resignation of such Board member.
Article V
Officers
Section 1
The Board of Health shall meet and elect from among its members a president, vice
president-finance, and one member and a physician member to the executive committee
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and adopt rules of procedure not inconsistent with law. The Board of Supervisors shall
appoint the Director of the Public Health Department of Maricopa County to serve as
Secretary to the Board as a non-voting member of the Board. The Board shall hold an
annual meeting in July each year at which officers shall be elected for the ensuing year.
Section 2
The duties of the president shall be to call and preside at all meetings of the Board of
Health. The duty of the vice president-finance shall be to assume the responsibilities of
the president in his/her absence and chair the finance committee. The duty of the
secretary shall be to notify Board of Health members of meetings and keep records of all
meetings and transactions of the Board of Health.
Section 3
The term of the president and vice president-finance shall be for two years. Both officers
may serve an additional one year term immediately following their initial two year term
upon the approval of the Board. Individual members are limited to serving a three year
maximum term as an officer during any four year term of appointment to the Board of
Health.
Article VII
Standing Committees
Section 1
The standing committees of this Board shall be the executive committee and finance
committee. The standing committees shall submit minutes to the Board of Health.
Section 2
The executive committee shall consist of the president of the Board of Health, who shall
be chairman of this committee, the vice president-finance, two At-large members and one
shall be a physician. The At-large members shall be elected by the Board of Health at the
annual meeting. The executive committee shall counsel the director of the local health
department when necessary.
Section 3
The finance- committee shall consist of the president of the Board of Health, the vice
president-finance, who shall chair the committee, and at least three other members of the
Board of Health who shall be appointed by the president at the second regular meeting of
each fiscal year. The committee shall review the budget, examine financial reports and
make to the Board of Health such recommendations as it may deem in the best interests
of the citizens of Maricopa County.
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Article VIII
Special Committees
With the approval of the Board of Health, the president may appoint special committees
for such purposes as arise from time to time. Such special committees shall limit their
activities to the task and time of for which they are appointed and shall have no powers,
except as specifically conferred by appointment. Each committee formed shall maintain
a written statement of its purpose and membership. Such statement shall be maintained
by the secretary. Committees shall report to the Board of Health.
Article
VIIX
Meetings
The Board of Health shall hold an annual meeting in July. Monthly or quarterly and
special meetings may be held on the call of the President, the director of the local health
department, or any two members. The Board of Health and any committee or
subcommittee shall comply with applicable provisions of Arizona Revised Statutes, Title
38 Chapter, 3, Article 3.1.
Article IX
Amendments
These Bylaws may be amended by the Maricopa County Board of Supervisors. No
amendments to these Bylaws shall conflict with the provisions of Title 36, Chapter 1,
Article 4 of the Arizona Revised Statutes as amended. The Board of Health shall review
the bylaws annually and may propose amendments to the Board of Supervisors.
Article XI
All meetings of the Board shall be conducted in accordance with the most recent edition
of Robert’s Rules of Order.
Article XII
Nondiscrimination Clause
No discrimination shall be exercised by the Board of Health or by any person subject to
its direction against or in favor of any person because of race, gender, religious belief,
color, national origin, ancestry, age, physical or mental disability status in the delivery of
health services. Nor shall any discrimination in the employment, promotion, transfer,
demotion, discipline or discharge of any person employed by or doing business with the
Board of or any other person subject to its direction be exercised because of race, gender,
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religious belief, color, national origin, or ancestry, age, physical or mental disability
status pursuant to Federal or State Law.
Article XIII
Conflict of Interest
Any member of the Board of Health who has, or whose relative (as defined by A.R.S. §
38-502, subparagraph 9) has, or who is employed by or associated with a firm or
company which has a substantial financial interest in any decision of the Board of Health,
shall make known such interest so that it is recorded in the minutes of the Board, and shall
refrain from participating in any manner in such decision. All Mmembers of the
Board of Health shall comply with the provisions of A.R.S. § 38-501, eEt sSeq.
The department of Public Health shall not enter into any agreement with a member of the
Board, or a relative of a member of the Board, or a firm or company which employs or is
associated with a member of the Board, to provide equipment, materials, supplies, or
services to the Board provided, however, such procedures shall not apply to an award of
agreement after competitive bidding. This provision shall not prohibit any physician
member of the Board from being a member of any Maricopa Medical Center Medical
Staff.
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