ARTICLE ONE: Creation
ARTICLE TWO: Jurisdiction
ARTICLE THREE: Powers and Duties of the Health Board
Section 1. Statutory Powers and Duties
Section 2. Other Powers and Duties
ARTICLE FOUR: Board of Directors
Section 1. Directors
Section 2. Terms
Section 3. Absenteeism
Section 4. Advisory Members
Section 5. Vacancies
Section 6. Compensation
ARTICLE FIVE: Officers
Section 1. Elections
Section 2. Chair
Section 3. Vice Chair
Section 4. Secretary
ARTICLE SIX: Meetings
Section 1. Annual Organizational Meetings
Section 2. Regular Meetings
Section 3. Special Meetings
Section 4. Quorum
Section 5. Manner of Action
Section 6. Parliamentary Procedure
Section 7. Notice of Meetings
Section 8. Open Meeting Requirements
Section 9. Agenda
Section 10. Minutes
ARTICLE SEVEN: Hearings
Section 1. Notice of Hearings
Section 2. Procedure for Hearings
ARTICLE EIGHT: Fiscal Year and Budget
ARTICLE NINE: Health Officer
ARTICLE TEN: Employees Subject to County Personnel Manual
ARTICLE ELEVEN: Legal Assistance
ARTICLE TWELVE: Amendments to Bylaws
ARTICLE THIRTEEN: Approval of Bylaws
BYLAWS OF THE GALLATIN CITY-COUNTY HEALTH BOARD
ARTICLE ONE: Creation
The Gallatin City-County Health Board (Health Board) is created pursuant to Section 50-2-106 of the Montana Code Annotated (MCA) and the Interlocal Agreement between the City of Bozeman and Gallatin County dated May 12, 1997.
ARTICLE TWO: Jurisdiction
The Health Board has jurisdiction as provided by Montana law for City-County Health Boards in Gallatin County.
ARTICLE THREE: Powers and Duties of the Health Board
Section 1. Statutory Powers and Duties. The following are based on Section 50-2-116 of the Montana Code Annotated.
Part A. The Health Board shall:
a. appoint a Health Officer who is a physician or a person with a master's degree in public health or the equivalent and with appropriate experience, as determined by the Montana Department of Health and Environmental Sciences, and shall fix the salary;
b. elect a chair and other necessary officers;
c. employ necessary qualified staff;
d. adopt bylaws to govern meetings;
e. hold regular meetings quarterly and hold special meetings as necessary;
f. supervise destruction and removal of all sources of filth that cause disease;
g. guard against the introduction of communicable disease;
h. supervise inspections of public establishments for sanitary conditions;
i. adopt necessary regulations that are no less stringent than state standards for the control and disposal of sewage from private and public buildings that is not regulated by Title 75, chapter 6, or Title 76, chapter 4 of the Montana Code Annotated. The regulations must describe standards for granting variances from the minimum requirements that are identical to standards promulgated by the board of health and environmental sciences and must provide for appeal of variance decisions to the Montana Department of Health and Environmental Sciences as required by Section 75_5_305, MCA.
Part B. The Health Board may:
a. adopt and enforce isolation and quarantine of communicable diseases;
b. furnish treatment for persons who have communicable diseases;
c. prohibit the use of places that are infected with communicable diseases;
d. require and provide means for disinfecting places that are infected with communicable diseases;
e. accept and spend funds received from a federal agency, the state, a school district, or other persons;
f. contract with another local board for all or a part of local health services;
g. reimburse local health officers for necessary expenses incurred in official duties;
h. abate nuisances affecting public health and safety or bring action necessary to restrain the violation of public health laws or rules;
i. adopt necessary fees to administer regulations for the control and disposal of sewage from private and public buildings (fees must be deposited with the county treasurer);
j. adopt rules that do not conflict with rules adopted by the Montana Department of Health and Environmental Sciences:
(i) for the control of communicable diseases;
(ii) for the removal of filth that might cause disease or adversely affect public health;
(iii) on sanitation in public buildings that affects public health;
(iv) for heating, ventilation, water supply, and waste disposal in public accommodations that might endanger human lives; and
(v) for the maintenance of sewage treatment systems that do not discharge an effluent directly into state waters and that are not required to have an operating permit as required by rules adopted under Section 75_5_401, MCA.
Section 2. Other Powers and Duties. The Health Board shall:
a. appoint a member to serve on the West Yellowstone Hebgen Basin Solid Waste District Board as required by Section 7-13 214(2)(a);
b. hear and act upon grievances of citizens and employees of the Gallatin City-County Health Department; and
c. evaluate the Health Officer annually.
ARTICLE FOUR: Board of Directors
Section 1. Directors. The Health Board is composed of nine (9) directors as set forth in the Interlocal Agreement.
Section 2. Terms. Each director is appointed for three (3) years. Section 50-2-106(3), MCA. Each director shall hold office until the next regular meeting at the end of the director's term. Directors will take their oath of office at the first meeting after they are appointed or reappointed.
Directors serve at the pleasure of the appointing governing body. Section 50-2-106(2), MCA.
Section 3. Absenteeism. As the proper functioning of the Health Board is seriously impaired by the absence of its members, absenteeism is the responsibility of the governing body which appointed that particular director.
If a member has two consecutive absences from regularly scheduled meetings during the year, the appointing governing body shall be informed and a replacement requested.
Section 4. Advisory Members. The Health Board may appoint non-voting advisory members to serve at the pleasure of the Board.
Section 5. Vacancies. Vacancies for voting directors shall be filled by the appointing governing body for the unexpired portion of the term.
Section 6. Compensation. Directors and advisory members are not compensated other than for necessary expenses which must be approved by the Health Board.
ARTICLE FIVE: Officers
Section 1. Elections. Officers shall be elected at the first regular meeting in each fiscal year, and shall serve until the first regular meeting in the following fiscal year.
Officers of the Health Board elected to fill vacancies shall serve until the first regular meeting in the following fiscal year.
Section 2. Chair. The Health Board shall elect a Chair who shall conduct all meetings and business of the Board.
Section 3. Vice Chair. The Health Board shall elect a Vice Chair who shall conduct all meetings and business of the Board in the Chair's absence.
Section 4. Secretary. The Gallatin City-County Health Officer is the secretary of the Health Board and shall:
a. keep minutes of the meetings of the members in one or more books provided for that purpose;
b. see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; and,
c. bring a copy of these Bylaws to every meeting.
ARTICLE SIX: Meetings
Section 1. Annual Organizational Meetings. An annual organization meeting is held each July to:
a. elect officers and appoint advisory members; and
b. review the broad objectives which guide the Board.
Section 2. Regular Meetings. Although City-County Health Boards are only required to meet once a quarter, it is the intent of this Health Board to meet monthly.
Section 3. Special Meetings. Special meetings shall be at the call of the Chair, the request of the Health Officer, or the request of three (3) members. Meetings may be called for viewing places of potential health hazards.
Section 4. Quorum. Five members constitute a quorum for all meetings.
If any meeting is convened where there is not a quorum, the members present may discuss routine matters but may not hear testimony or take formal action on any matter requiring motion and a vote.
Section 5. Manner of Action. An act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, except where otherwise provided by law or by these Bylaws.
There is no proxy voting.
Section 6. Parliamentary Procedure. For all procedural matters not specifically covered in these Bylaws, the controlling parliamentary authority for the Health Board is Robert's Rules of Order, Newly Revised, 1990 Edition.
The Chair, being a co-equal member of the Board, shall in addition to presiding, have a right to participate in debate, and shall vote on all motions, and not only where the vote of the chair would create or break a tie.
A motion, once stated and seconded, limits the debate to points relevant to the motion. Prior to a formal motion being stated, general discussion of, and the presentation of information relevant to an agenda item being considered is in order.
Before the consideration of any measure or the taking of any action, concerning which a public hearing has not been previously held, or will not be held, the Chair may allow members of the audience to be heard. No member of the audience may be heard during or after the Board discussion. The Chair may reasonably limit audience participation at any time.
Reconsideration of any action of the Board may be allowed at any time, upon motion of any member of the Board, such motion being approved by at least five Board members.
Routine matters, such as setting meeting times and adjournment, setting future agenda items, or appointment of committees, may be by consensus rather than by motion and vote.
Section 7. Notice of Meetings. The Secretary shall notify all members of all meetings either orally or in writing. No special meeting shall be held unless diligent efforts have been made to notify all members.
Section 8. Open Meeting Requirements. All meetings of the Health Board are open to the public. Section 2-3-203(1), MCA. Meetings may be closed to the public when the discussion relates to a matter of individual privacy and then only where the Chair determines on the record that the demands of individual privacy clearly exceed the merits of public disclosure.
The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting remains open to the public. Section 2-3-203(2)(3), MCA.
To comply with the spirit and intent of the open meeting and public participation laws, public notice of not less than two business days shall be given of all Board meetings, regular and special. Two business days notice need not be given where the Board must deal with an emergency situation affecting the public health, welfare, or safety. Section 2-3-112(1), MCA.
Section 9. Agenda. Agenda items should be submitted to the Secretary at least seven (7) days before a meeting. This rule may be suspended with the affirmative vote of a majority of the members as the board deems necessary to deal promptly and effectively with unforseen issues.
Section 10. Minutes. Minutes of all Health Board meetings shall be kept by the Secretary or designee, and shall be signed by the Secretary and by the Chair after approval by the Board at the next meeting.
Minutes of all open meetings, and portions of meetings that are open to the public, shall be kept available for inspection by the public. The Secretary shall keep separate minutes of all discussions and votes held during executive sessions.
The Minutes need not have detailed reports of discussions but shall have all motions and a roll call vote. The minutes should include the names of directors present and directors absent, staff and public present.
ARTICLE SEVEN: Hearings
Section 1. Notice of Hearings. Notice of hearings shall be given to the public, Health Board members, staff and to the grievant, applicant or person appealing a department decision.
Section 2. Procedure for Hearings. The following procedures shall be followed for all quasi-judicial and quasi-legislative hearings:
a. The Health Board Chair, or designee, shall preside.
b. Hearings shall be tape recorded. Preservation of the tape recordings is the responsibility of Health Department staff. Tape recordings shall be preserved for three (3) years.
c. The Chair shall state the issue at the opening of the hearing. Comments shall be limited to the issues stated.
d. All questions and comments must be directed through the Chair.
e. Persons giving testimony must give their name, address, and who they represent.
f. Before giving testimony on material facts, all witnesses shall be sworn by an officer authorized to administer oaths.
g. Copies of prepared statements shall be given to the Chair and shall become part of the record. Statements received by mail shall be read by the Chair and shall be come a part of the record. If lengthy, they may be summarized by the Chair.
h. Order of Presentation:
1) Staff Report including proof of notice and questions by Board;
2) Comments by the Petitioner and questions by the Board;
3) Written comments read by the Chair;
4) Public comment and questions by the Board;
5) Staff’s comments;
6) Petitioner’s rebuttal comments and questions by the Board;
7) Questions from Board to any person providing comments and close factual record;
8) Board deliberation and decision. A record of the vote of each member present and voting shall be entered as to the decision. The decision shall be reduced to writing and signed by the Chair and Secretary. Board members may attach or append comments or exhibits to the written decision. Copies of the decision and appendices shall be provided to the parties.
i. The Chair shall determine the amount of time allotted to each segment. A list of the public wishing to comment shall be circulated before the Hearing and each commentator be allocated an equal share of the public comment time.
j. If the time has not expired prior to the closing public comment, the Chair shall make a final call for further comment. When the time limit is reached or when there is no response to the final call for public comment, the hearing will be closed to public comment and the matter will return to the Board for discussion and action. During the Board discussion, the Chair may direct questions to staff, petitioner, or members of the public.
k. The Chair shall ensure an orderly hearing and has the authority to terminate the hearing if the discussion becomes unruly or unmanageable.
l. Any party to a hearing may appear in person or by representative.
ARTICLE EIGHT: Fiscal Year and Budget
The fiscal year begins on July 1st each year. The Board is financed in accordance with Section 50-2-111, M.C.A.
The Board shall consider, approve, and present for the consideration of the local governing bodies, a preliminary budget on or before the first day of May each year. As required by appropriate Municipal and County budget law, the local governing bodies may make any revisions, reductions, additions or changes to the preliminary budget that they deem advisable.
ARTICLE NINE: Health Officer
The Health Officer, under the direction and supervision of the Health Board, shall:
a. act as secretary to Board, shall prepare and deliver the Agenda to Board Members before the meeting and give the required notices;
b. without limitation of what follows, exercise the powers and perform the duties conferred by law;
c. be responsible for the employment, and termination of employment of all employees of the Gallatin City-County Health Department;
d. manage and supervise the environmental health director, and human services director, and oversee implementation of all Gallatin County City-County Health Department programs;
e. enter into or renew contracts on behalf of the Board:
1) for less than $1000.00 and report such action to the Board at its next meeting;
2) with public and private agencies for established programs where previous contracts have been entered, have no substantial changes and are budgeted for the upcoming fiscal year.
Contracts entered pursuant to this paragraph shall also be approved by the Chair or Vice-Chair.
f. present an orientation program for new board members, which shall include copies of the Interlocal Agreement, the Bylaws, Mission Statement, relevant policies, and relevant laws.
ARTICLE TEN: Employees Subject to County Personnel Manual
Health Department employees are subject to the Gallatin County Personnel Manual for administrative purposes. However, employee grievances shall be heard by the Health Board.
ARTICLE ELEVEN: Legal Assistance
The County Attorney represents the Health Board on matters relating to the functions, powers, and duties of the Health Board. Section 50-2-115, MCA.
ARTICLE TWELVE: Amendments to Bylaws
The bylaws may be altered, amended or repealed and new by-laws may be adopted by a majority of the Board of Directors present at any meeting if at least two weeks written notice is given to each member of the Board of Directors of the intention, at such meeting, to alter, amend or repeal or to adopt new bylaws.
ARTICLE THIRTEEN: Approval of Bylaws
These Bylaws were approved by the Gallatin City-County Health Board Directors on August 8, 2002.
Buck Taylor, Chairperson
Gallatin City-County Board of Health
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