The URL can be used to link to this page

Home My WebLink About121-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 121-25 File Number: 2025-542 DISCONTINUE CITY HEALTH OFFICER POSITION (RESOLUTION): A RESOLUTION TO REPEAL RESOLUTION 173-20 AND REESTABLISH THE BOARD OF HEALTH WITHOUT AN APPOINTED CITY HEALTH OFFICER WHEREAS, about five years ago (June 24, 2020) during the throes of the Covid-19 virus pandemic, the Fayetteville City Council reestablished the City Board of Health and the office of the City Health Officer as well as appropriated "$50,000.00 for staffing, supplies, and the needs of the City Health Officer and the City Board of Health;" and WHEREAS, the City Health Office has resigned and the City Board of Health has determined that such office should not be re -staffed at this time; and WHEREAS, Resolution 173-20 needs to be repealed and replaced by this Resolution to replace outdated provisions and to allow the Mayor to follow the recommendations of the City Board of Health. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution 173-20 in its entirety and passes Section 2 of this Resolution as its replacement. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby creates and continues the operation of the City Board of Health with the same members and conditions as Resolution 173-20 and with the powers set forth in A.C.A. § 14-262-102 City Board of Health. However, pursuant to the City Board of Health's request, a City Health Officer is determined not to be needed now and therefore such position is not created nor continued by this Resolution. Section 3: That the City Council of the City of Fayetteville, Arkansas thanks the City Board of Health and the City Health Officer for their long, competent, and important work and assistance throughout the Covid-19 virus pandemic. PASSED and APPROVED on May 6, 2025 Approved: Attest: ................ - a FAYETTEViEIE 1 ''may/N..7 Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 6, 2025 TO: Mayor Rawn and City Council CITY COUNCIL MEMO 2025-542 THRU: Kit Williams, City Attorney FROM: Kit Williams, City Attorney SUBJECT: DISCONTINUE CITY HEALTH OFFICER POSITION (RESOLUTION): RECOMMENDATION: Staff recommends to repeal Resolution 173-20 and reestablish the Board of Health without an appointed City Health Officer BACKGROUND: About five years ago (June 24, 2020) during the throes of the Covid-19 virus pandemic, the Fayetteville City Council reestablished the City Board of Health and the office of the City Health Officer as well as appropriated "$50,000.00 for staffing, supplies, and the needs of the City Health Officer and the City Board of Health". The City Health Office has resigned and the City Board of Health has determined that such office should not be re- staffed at this time. DISCUSSION: Resolution 173-20 needs to be repealed and replaced by this Resolution to replace outdated provisions and to allow the Mayor to follow the recommendations of the City Board of Health. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: A.C.A. 14-262-103 (#3), Agenda Request - City Attorney (#4), City Attorney Memo (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-542 DISCONTINUE CITY HEALTH OFFICER POSITION (RESOLUTION): A RESOLUTION TO REPEAL RESOLUTION 173-20 AND REESTABLISH THE BOARD OF HEALTH WITHOUT AN APPOINTED CITY HEALTH OFFICER WHEREAS, about five years ago (June 24, 2020) during the throes of the Covid-19 virus pandemic, the Fayetteville City Council reestablished the City Board of Health and the office of the City Health Officer as well as appropriated "$50,000.00 for staffing, supplies, and the needs of the City Health Officer and the City Board of Health;" and WHEREAS, the City Health Office has resigned and the City Board of Health has determined that such office should not be re -staffed at this time; and WHEREAS, Resolution 173-20 needs to be repealed and replaced by this Resolution to replace outdated provisions and to allow the Mayor to follow the recommendations of the City Board of Health. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Resolution 173-20 in its entirety and passes Section 2 of this Resolution as its replacement. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby creates and continues the operation of the City Board of Health with the same members and conditions as Resolution 173-20 and with the powers set forth in A.C.A. § 14-262-102 City Board of Health. However, pursuant to the City Board of Health's request, a City Health Officer is determined not to be needed now and therefore such position is not created nor continued by this Resolution. Section 3: That the City Council of the City of Fayetteville, Arkansas thanks the City Board of Health and the City Health Officer for their long, competent, and important work and assistance throughout the Covid-19 virus pandemic. Page 1 A. C.A. -4 14-262-103 Unofficially updated with acts of the 2025 Regular Session effective through March 18, 2025, and also includes unofficial updates of all acts regardless of effective date through Act 339 (except Acts 163-180, 221, 230, and 237) Unofficial updates are provisional only and do not include corrections and edits by the Arkansas Code Revision Commission. The final official version of the statutes as affected by the 2025 Regular Session will appear on Lexis online in July -August 2025. AR - Arkansas Code Annotated > Title 14 Local Government > Subtitle 16. Public Health And Welfare Generally > Chapter 262 Local Health Authorities 14-262-103. City health officer. (a) The office of city health officer may be created by the governing body of a city of the first class, city of the second class, or an incorporated town. (b) The office of city health officer shall be filled by a competent physician who is legally qualified to practice medicine within this state, a graduate of a reputable medical college, and of reputable professional standing. (c) (1) (d) (A) It is the duty of the mayor of each incorporated city and town within this state to elect a qualified person to the office of city health officer if the governing body of the city or town: creates the office. (B) The appointment shall be approved by a majority of the votes of the city or town council. (2) After appointment, the city health officer shall: (A) Take and subscribe to the constitutional oath of office; (B) File a copy of the appointment with the State Board of Health: and (C) Not be deemed to be legally qualified until the copies have been so filed. (1) Each city health officer shall perform such duties as may be required by the ordinances of his or her city or town. (2) The officer shall discharge and perform such duties as may be prescribed for him or her under the directions, rules, regulations, and requirements of the board. (3) The officer shall be required to aid and assist the board in all matters of quarantine, vital and mortuary statistics, inspection, disease prevention and suppression, and sanitation within his or her jurisdiction. (4) The officer shall at all times report to the board, in such manner and form as shall be prescribed by the board, the presence of all contagious, infectious, and dangerous epidemic diseases within his or her jurisdiction and shall make such other and further reports in the manner and form and at the times as the board shall direct, touching all matters as may be proper for the board to direct. (5) The officer shall aid the board at all times in the enforcement of proper rules, regulations, and requirements in the enforcement of all sanitary laws, quarantine regulations, and vital statistics collections and shall perform any other duties the board shall direct. Stacy Barnes CivicClerk No.: 2025-542 AGENDA REQUEST FORM FOR: Council Meeting of May 6, 2025 FROM: Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REPEAL RESOLUTION 173-20 AND REESTABLISH THE BOARD OF HEALTH WITHOUT AN APPOINTED CITY HEALTH OFFICER APPROVED FOR AGENDA: Kit Williams Date City Attorney Molly kawDate Acknowledgement 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kara Paxton, City Clerk/ Treasurer CC: Keith Macedo, Chief of Staff Brad Hardin, Fire Chief FROM: Kit Williams, City Attorne3 DATE: April 18, 2025 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: City Health Officer Has Resigned; City Board of Health Suggests That Office Be Left Vacant On June 24, 2020 (during the height of the Covid-19 virus Pandemic), the City Council reestablished the City Board of Health and the position of the City Health Officer in Resolution 173-20. Following years of good service, our City Health Officer resigned because the pandemic had ended and she reasonably believed her services were no longer needed. State law gives the City Council the power to create the office of City Health Officer which it did through Resolution 173-20. A.C.A. § 14-262-103 (a). State law further states: "It is the duty of the mayor ... to elect a qualified person to the office of city health officer if the governing body of the city or town creates the office." A.C.A. § 14-262-103 (c) (1) (A) (emphasis added). Therefore, the City Council must end its creation of the office of City Health Officer through a new proposed Resolution in order to remove the mayor's statutory duty to appoint a new City Health Officer which the City Board of Health has decided is not needed. As this is needed for legal purposes, I have sponsored this resolution pursuant to the Mayor's decision to comply with the request of the City Board of Health.