MC BOH BYLAWS 6-17-24 (FINAL CLEAN) V7 CLEAN COPY 08-19-24.PDF
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6/17/2024 1 Bylaws of the Maricopa County Board of Health Article I 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 to the Maricopa County Board of Supervisors 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 Statutes (A.R.S.), as amended. Article III Powers and Duties These are the powers and duties of the Board of Health related to the departments of Public Health, Environmental Services, and Air Quality. 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 department director and request from the director information if it deems necessary (A.R.S. § 36-184). 2. Recommend rules and regulations to the county Board of Supervisors for the protection and preservation of public health for adoption and enforcement within the county (A.R.S. § 36- 184). 3. Advise the Board of Supervisors regarding suitable offices, facilities, and equipment for the health department (A.R.S. § 36-184). 4. Annually, before May 1 each year, the Board of Health shall review the draft budget prepared by the Public Health department for presentation to the Board of Supervisors (A.R.S. § 36-185). 5. Review and recommend a schedule of reasonable fees to be collected by the department for 6/17/2024 2 issuing or renewing licenses or permits or for other services as authorized by law, and rules of the directors of the departments of Public Health or Environmental Services, subject to the provisions of A.R.S. § 36-187. Any such fee or schedule shall be approved by the Maricopa County Board of Supervisors. 6. Serve as a forum for appeals of the environmental health officer’s decisions on variances from the parts of Maricopa County Environmental Health Code, Chapter VI, Bathing Places, that are more restrictive than Arizona Administrative Code (A.A.C.) R18-5-2, or A.A.C. R9-8-8. Decisions on appeals must be consistent with provisions outlined in statute or rule. 7. Appoint the members of the Environmental Services Department’s Swimming Pool Advisory Committee (SPAC) for a term of three years and fill vacancies for an unexpired term. Consider removal of a SPAC member for continued absence from any three consecutive regular meetings (Environmental Health Code, Chapter 6, Regulation 13.c.). 8. Hear and render a decision on Environmental Services Department nuisance abatement assessment appeals (Environmental Health Code, Chapter 1, Regulation 14, and A.R.S. § 36- 602). 9. Review for approval and act on applications for Environmental Services Department Fee Waivers (Environmental Health Code, Chapter 1, Regulation 5.a). 10. Review and recommend for final approval from the Board of Supervisors all Department of Air Quality and Environmental Services Department rules and ordinances. 11. The Board of Health shall annually review the Health Status report of Maricopa County (A.R.S. § 36-186). 12. Keep minutes of all meetings of the Board of Health (A.R.S. § 36-184). Article IV Membership and Terms The Board of Health shall consist of 11 members, appointed by the Board of Supervisors, consistent with 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 Supervisors for consideration. The members of the Board of Health shall include (A.R.S. § 36-183): • One member of the County Board of Supervisors. • One physician licensed pursuant to A.R.S. Title 32, Chapter 13 or 17. • Five citizen members, so that each supervisorial district is represented by a resident of that district. • Four citizen members appointed from the county at-large. 6/17/2024 3 Members appointed to the Board of Health shall serve staggered terms of four years. In order to provide for a uniform staggered term structure for the Board of Health, a member may be appointed for less than a four-year term. Membership on the Board of Health shall require the individual be a permanent resident of Maricopa County. Citizen members appointed shall not be members of the local Public Health, Environmental Services, or Air Quality departments. No member of the Board of Health can bind the Board of Health by word or action unless the Board of Health has, in its capacity as an advising body, designated such member as its agent for some specific purpose and for that purpose alone. 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. If a Board of Health member seeks to vacate their position, the member should notify the president and the secretary of the Board of Health in writing. No member of the Board of Health shall disclose confidential information or use confidential information gained in the course of their position for personal gain. Article V Removal of Members Members of the Board of Health serve at the behest of the Board of Supervisors and may be removed with or without cause prior to the expiration of the member’s term by a majority vote of the Board of Supervisors. Members who fail to attend three consecutive meetings shall be considered as resigned, but the Board of Health may, for good cause, grant leaves of absence to its members (A.R.S. § 36-184). A member can be recommended for removal by a majority vote of the Board of Health. This recommendation will be made to the Board of Supervisors for review and potential action. Members may be considered for removal by Board of Health members for any of the following: • Violation of state law governing conflicts of interest. • Violation of written policy adopted by the Board of Supervisors. • Commission of a felony or other crime involving moral turpitude. • Unethical or illegal behavior or malfeasance. • Conduct that brings the county or Board of Health into disrepute. • Failure to maintain the qualifications for appointment as outlined in these bylaws. 6/17/2024 4 Article VI Officers and Terms Section 1 The Board of Health shall hold an annual meeting in July each year at which officers shall be elected for the ensuing year. The Board of Health shall meet and elect from among its members a president and vice president, and adopt rules of procedure not inconsistent with law. The term of the president and vice president shall be for one year. Officers may serve an additional one-year term immediately following their initial term upon the approval of the Board of Health. This additional year may be in either elected role (president or vice president). An officer’s term shall begin at the conclusion of the annual meeting in July and run through the end of the annual meeting of the following year. Newly elected officers shall preside over the next regularly scheduled meeting and through the remainder of their elected term. Individual members are limited to serving a three-year maximum term as an officer (president, vice president, or combination of both) during any member’s four-year term of appointment to the Board of Health. The Board of Supervisors shall appoint the director of the Maricopa County Department of Public Health to serve as secretary to the Board of Health as a non-voting member. Section 2 The duties of the president shall be to call and preside at all meetings of the Board of Health. The duties of the vice president shall be to assume the responsibilities of the president in their absence. The duties of the secretary shall be to notify Board of Health members of meetings, coordinate the meeting agenda, and keep records of all meetings and transactions of the Board of Health. Section 3 Any Board of Health member may make a motion to place names on the ballot for consideration for the office of president. Once nominations are closed, the floor shall be open for discussion. At the end of the discussion the current president may call for a vote. The nominee with the majority of votes shall be selected as the next president of the Board of Health. When this process is complete, nominations and process to elect a vice president shall follow in the same manner. In the event the Board of Health is unable to elect a president or vice president at the annual meeting, the Board of Health shall appoint a Nominating Committee consisting of three of its members. The nominating committee shall meet at least 30 days before the next regularly scheduled meeting. It shall be the duty of this committee to identify and nominate at least one candidate for any vacant 6/17/2024 5 office. The Nominating Committee will identify one of their members to reach out individually to each identified candidate to gauge interest. No one shall be nominated by the Nominating Committee without having first obtained their consent. The final list of nominees will be presented to the Board of Health for election at the next regular meeting of the Board of Health. Section 4 If for any reason, the president or vice president vacates the Board of Health before the expiration of their term, the Board of Health shall elect a new officer at the next scheduled meeting. The newly elected officer will serve the remainder of the term. Article VII Standing Committees Section 1 The standing committee of this Board of Health shall be the executive committee. The standing committee shall submit minutes to the Board of Health. Section 2 The executive committee shall consist of three members; the president of the Board of Health, who shall be chairperson of this committee, the vice president, and one physician. The physician shall be elected by the Board of Health at the annual meeting. The executive committee shall counsel the directors of the Public Health, Environmental Services, and Air Quality departments when necessary, and support the Board of Health in the performance of its duties and responsibilities between regularly scheduled meetings. The executive committee shall submit minutes to the Board of Health. 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 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. The special committee shall submit minutes to the Board of Health. 6/17/2024 6 Article IX Meetings Section 1 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 vice president acting in the absence of the president, the director of the Public Health, Environmental Services, or Air Quality 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. If the president and vice president are both absent, another member designated by a majority vote of members present at the meeting shall preside. Any Board of Health member who wishes to place an item of business on the agenda shall submit a request to the secretary and notify the president at least ten business days before the meeting. Section 2 The Board of Health recognizes that physical attendance at meetings is important in fulfilling its obligations as outlined in these bylaws. However, the Board of Health also recognizes and acknowledges that extenuating circumstances may occasionally exist that would prevent a member from being physically present at official meetings. In those extenuating circumstances, a Board of Health member is permitted to participate remotely in the open session of a regular or special meeting, or sub-committee meeting. The member shall notify the president and the secretary at least 48 hours in advance of the meeting to allow the necessary arrangements to be made. Participation shall be by phone, audio or video conference, internet-based video conference, or other technology that allows members of the Board of Health, including those participating from a remote location, to hear all comments and deliberations of the Board of Health, staff, and public present at the meeting. Members may not participate by email, text messaging, instant messaging, or similar form of electronic chat. At any meeting in which remote participation is to occur, the president shall announce at the commencement of the meeting the name of each Board of Health member participating remotely. Each member participating remotely shall identify themselves by name prior to participating in deliberations and prior to voting. The secretary shall note such participation in the minutes of the meeting. 6/17/2024 7 Section 3 The secretary shall direct the preparation of minutes of each Board of Health meeting. Meeting minutes shall be prepared and recorded in accordance with the provisions set out in Arizona Revised Statutes. At each regular meeting, the Board of Health shall review the minutes of the previous regular meeting, executive committee meetings, and special meetings that have occurred since the previous regular meeting, and make any necessary revisions and approve the minutes as originally drafted or as revised. Similarly, at each meeting of the executive or special committee, the respective committee shall review minutes of the previous meeting and make any necessary revisions, and approve minutes as originally drafted or as revised. These minutes will be presented to the Board of Health at the next regular meeting. Section 4 All meetings of the Board of Health shall be conducted in accordance with the Arizona Revised Statues and the most recent edition of Robert’s Rules of Order. Article X Voting and Quorum A majority of the members of the Board of Health or the standing or special committees constitutes a quorum and does not include any vacant positions in the calculation. A quorum is required for any Board of Health action in the exercise of its powers and duties for both regular and special meetings. If a quorum is not present, members may continue to meet for the purpose of discussion but may not take formal action. All members shall be required to vote unless excused by the president of the Board of Health (or member presiding over the meeting), or for any questions involving conflicts of interest. Members that are excused from a vote will not be included in the determination of a majority for that vote. All questions or matters before the Board of Health or any committee shall be decided by a majority of voting members present. Voting when not unanimous shall be by roll call and recorded as such. Each member shall have an equal vote on items before the Board of Health. There shall be no proxy voting. The president and vice president shall be considered members of the Board of Health in determining the number on which a majority is based. A majority vote is needed to pass any motion or action before the Board of Health. 6/17/2024 8 Article XI 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. Annually, the Board of Health shall consider if a review of the bylaws is needed and may propose amendments to the Board of Supervisors. 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, based on a person’s protected characteristic covered by applicable federal and state laws, including but not limited to race, gender, religion, color, national origin, age, sexual orientation, gender identity, including transgender status, pregnancy, veteran status, genetic information, or 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 Health or any other person subject to its direction be exercised based on a person’s protected characteristic covered by applicable federal and state laws, including but not limited to race, gender, religion, color, national origin, age, sexual orientation, gender identity, including transgender status, pregnancy, veteran status, genetic information, or physical or mental disability status. 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 of Health, and shall refrain from participating in any manner in such decision. All members of the Board of Health shall comply with the provisions of A.R.S. § 38-501, et seq. The Department of Public Health shall not enter into any agreement with a member of the Board of Health, or a relative of a member of the Board of Health, or a firm or company which employs or is associated with a member of the Board of Health, to provide equipment, materials, supplies, or services to the Board of Health provided, however, such procedures shall not apply to an award of agreement after competitive bidding.