HomeMy WebLinkAboutOrdinance 5797OF FAY�TTF
113 West Mountain
Street Fayetteville, AR
72701
(479) 575-8323
Ordinance: 5797
File Number: 2015-0395
ENACT ARTICLE XXVIH CITY BOARD OF HEALTH:
AN ORDINANCE TO ENACT ARTICLE XXVIII CITY BOARD OF HEALTH IN
CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF
THE FAYETTEVILLE CODE
WHEREAS, the City Board of Health was first created by Resolution No. 02-03 on January 7, 2003, but
those provisions have never been codified; and
WHEREAS, the current City Board of Health recommends that the City continue to fill the position of
City Health Officer, even though it is no longer required by state law, and that the City Health Officer serve
without compensation.
NOW, THEREFORE, BE IT ORDAINED 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 No. 02-03.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts Article XXVIII City
Board of Health in Chapter 33, Departments, Boards, Commissions and Authorities as shown below:
33.400 Composition; Membership
The City Board of Health shall consist of five members appointed by the Mayor, at
least two of whom shall be physicians of good professional standing. Members shall
serve during the term of the Mayor who appoints them. The Mayor shall also serve
as an ex -officio member of the City Board of Health.
Page 1 Printed on 9116115
Page 2
5797
33.401 City Health Officer
A City Health Officer, who shall be a competent physician of reputable professional
standing who is legally qualified to practice medicine in Arkansas, shall be appointed
by the Mayor and approved by the City Council. The City Health Officer shall serve
as the chairperson of the City Board of Health during the term of the Mayor who
appoints him or her. The City Health Officer shall have those powers and duties
conferred by state law or city ordinance, but shall not be required to treat patients,
prescribe medicine or do anything else not statutorily required pursuant to Ark.
Code Ann. § 14-262-103.
33.402 Powers and Duties
The City Board of Health shall have those powers and duties conferred by Ark.
Code Ann. § 14-262-102.
PASSED and APPROVED on 9/15/2015
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 9116115
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0395
Agenda Date: 9/15/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 2
ENACT ARTICLE XXVIII CITY BOARD OF HEALTH:
AN ORDINANCE TO ENACT ARTICLE XXVIII CITY BOARD OF HEALTH IN CHAPTER 33
.DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE
CODE
WHEREAS, the City Board of Health was first created by Resolution No. 02-03 on January 7, 2003,
but those provisions have never been codified; and
WHEREAS, the current City Board of Health recommends that the City continue to fill the position of
City Health Officer, even though it is no longer required by state law, and that the City Health Officer
serve without compensation.
NOW, THEREFORE, BE IT ORDAINED 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 No.
02-03.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby enacts Article XXVIII
City Board of Health in Chapter 33, Departments, Boards, Commissions and Authorities as shown
below:
33.400 Composition; Membership
The City Board of Health shall consist of five members appointed by the Mayor, at least
two of whom shall be physicians of good professional standing. Members shall serve
during the term of the Mayor who appoints them. The Mayor shall also serve as an
ex -officio member of the City Board of Health.
33.401 City Health Officer
A City Health Officer, who shall be a competent physician of reputable professional
standing who is legally qualified to practice medicine in Arkansas, shall be appointed by
the Mayor and approved by the City Council. The City Health Officer shall serve as the
chairperson of the City Board of Health during the term of the Mayor who appoints him
or her. The City Health Officer shall have those powers and duties conferred by state law
or city ordinance, but shall not be required to treat patients, prescribe medicine or do
anything else not statutorily required pursuant to Ark. Code Ann. § 14-262-103.
33.402 Powers and Duties
City of Fayetteville, Arkansas Page 1 Printed on 9118/2015
File Number. 2015-0395
The City Board of Health shall have those powers and duties conferred by Ark. Code
Ann. § 14-262-102.
City of Fayetteville, Arkansas Page 2 Printed on 911812015
City of Fayetteville Staff Review Form
2015-0395
Legistar File ID
9/15/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
David Dayringer 8/25/2015 Fire /
Fire Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Ordinance establishing the City Board of Health in the City of Fayetteville Code
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance j $ -
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
T I ayN%e ll
rg
NSAS
MEETING OF SEPTEMBER 15, 2015
TO: Mayor and City Council
FROM: David Dayringer, Fire Chief
CITY COUNCIL AGENDA MEMO
DATE: August 25, 2015
SUBJECT: Ordinance establishing the City Board of Health in the City of Fayetteville Code
RECOMMENDATION:
Staff recommends the City Council adopt an ordinance that enacts Article 28 in Chapter 33
establishing the City Board of Health in the City of Fayetteville Code and repeals Resolution No.
02-03 which established the City Board of Health under a previous state law.
BACKGROUND:
In 2003 the City established the City Board of Health in Resolution No. 02-03 in accordance with
Ark. Code Ann. §14-262. The controlling state law has since been amended and the current
Board of Health recommends updating the City Code accordingly.
DISCUSSION:
Under the current resolution, the Board of Health Chairman shall be the City Health Officer and
receive an annual honorarium of $100. This honorarium has been declined by all City Health
Officers, including Dr. David Crittenden, the sitting chair of the Board of Health. In addition,
under the current language, the City Health Officer shall be a member of the Board of Trustees
of the Municipal Judge and Municipal Court Clerk Retirement Fund, which does not exist
anymore. This ordinance will update the language with the current statute, do away with the
honorarium, remove the requirement for the Health Officer to be a member of a non-existent
board, and codify the City Board of Health.
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
AN ORDINANCE TO ENACT ARTICLE XXVIII CITY BOARD OF HEALTH IN CHAPTER 33
DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE
CODE
Mailing Address:
113 W. Mountain Street www.fayettevilte-ar.gov
Fayetteville, AR 72701