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Home My WebLink About02-03 RESOLUTION• • • • RESOLUTION NO. 02-03 A RESOLUTION TO ESTABLISH A CITY BOARD OF HEALTH AND THE OFFICE OF CITY HEALTH OFFICER 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 establishes the Fayetteville City Board of Health pursuant to A.C.A §14- 262-102 and sets the number of members at five. The Fayetteville Board of Health shall have those powers conferred by state statutes and shall serve during the term of the mayor who appoints them. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby establishes the office of City Health Officer who shall be a legally qualified medical doctor of reputable professional standing and be appointed by the Mayor and approved by the City Council to serve during the term of the appointing mayor for an annual honorarium of $100.00. The City Health Officer shall be Chairman of the City Board of Health and a member of the Board of Trustees of the Municipal Judge and Municipal Court Clerk Retirement Fund. The City Health Officer's duties shall not include treating patients, prescribing medications or doing anything not statutorily required pursuant to A.C.A. §14-262-103. PASSED and APPROVED this the 7th day of January, 2003. ATTEST: By:e heather Woodruff, City erk ‘,E"INdd APPROVED: By: • NAME OF FILE: Resolution No. 02-03 CROSS REFERENCE: Item it Date 1 1/7/2003 Document Resolution 02-03 • 2 12/17/02 Staff Review Form with attachments: memo re: City Board of Health -City Health Officer copy of statute: A.C.A. § 24-8-401 draft resolution 3 02/07/03 Memo to: Kit Williams NOTES: FAYETTEdILLE THE an Of FArmtvtUF, •*KANSAS DEPARTMENTAL CORRESPONDENCE To: Kit Williams City Attorney From: Clarice Buffalohead-Pearman ' Sr. Secretary Date: 2/7/2003 Re: Res. No. 02-03 Attached please find an executed copy of the above resolution passed by the City Council on January 7, 2003, establishing a Board of Health and the office of Health Officer. The resolution will be microfilmed and filed in the city clerk's office. If anything else is needed please let the city clerk's office know. /cbp cc: Nancy Smith, Internal Auditor • STAFF REVIEW FORM • • _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW • • FOR: COUNCIL MEETING OF January 7, 2003 MAYOR'S APPROVAL FROM: Kit Williams Legal City Attorney Name Division Department ACTION REQUIRED A Resolution To Establish A City Board Of Health And The Office Of City Health Officer COST TO CITY: Cost of this Request Account Number Proiecl Number Category/Project Budget Category/Project Name Funds Used to Date Program Name Remaining Balance Fund BUDGETREVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinat Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: )2/l7/0z ( u ` A n g M ter J Date In emal A� or Dale /2 //can_ C Atoeqy• Dat 4,11 1 oa— ADA Coordinator Date Ll S�lcr_ Purchasing Officer Dale STAFF RECOMMENDATION: Drvtzton Head Dale Department t Lector Dir tor hlavor Date Dat 707, Date CROSS REFERENCE New Item: Yes No Previous Ordinance/Resolution No.: FAYETTEA LLE tiff CITY Of EAYETTIVIIIE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE • LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney DATE. December 16, 2002 RE: City Board of Health - City Health Officer The City Council must establish a City Board of Health and the Mayor must appoint a City Health Officer pursuant to A C.A. §14-262-102 and A C A §14-262-103. The City Health Officer is also needed to serve on the Board of Trustees of the Municipal Judge and Municipal Court Clerk Retirement Fund pursuant to A C A. §24-8-401. I will soon present a Resolution to establish the Board of Trustees for the Fayetteville Municipal Judge and Municipal Court Clerk Retirement Fund as required in A.C.A. §24-8-401. We realize that the County Health Department (as a division of the Arkansas Department of Health) handles most of the public health concerns that apparently inspired the legislature (in 1875 and 1913) to create city boards of health. However, A C A §14-262-102 uses the mandatory terms "shall appoint" and "shall ... establish". Thus, the City is mandated to attempt to comply. After the City Council s establishment of the City Board of Health, the Mayor ' shall appoint not less than five (5) persons, two (2) of whom shall be physicians . The mayor of the city shall be an ex officio member of the board of health." A.C.A. §14-262-102 (enclosed) The City Health Officer, "a competent physician" shall be appointed by the Mayor This "appointment shall be approved by a majority of the votes of the city council." A.C.A. §14-262-103. The City Health Officer will also serve on the Board of Trustees of the Municipal Judge and Municipal Court Clerk Retirement Fund as required in A C.A. §24-8-401 (a) (1) The City Health Officer can, but is not legally required to serve on the City Board of Health. (Attached is A.0 A. §24-8-401.) 14-262-103 LOCAL GOVERNMENT 406 • 14-262-103. City health officer. (a) The office of city health officer is created. (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) It is made 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, which appointment shall be approved by a majority of the votes of the city council. (2) The city health officer, after appointment, shall take and sub- scribe to the constitutional oath of office, shall file a copy of his appointment with the Arkansas State Board of Health, and shall not be deemed to be legally qualified until the copies have been so filed. (d) In case the authorities mentioned in subsection (c) of this section shall fail, neglect, or refuse to fill the office of city health officer as provided in this section, then the State Board of Health shall have the power to appoint the city health officer to hold office until the local authorities shall fill the office, but only after giving ten (10) days' notice in writing to the local authorities of the desire for the appointment. (e)(1) Each city health officer shall perform such duties as may be required by the city council and ordinances of city physicians, such duties as may be required of him by general law and city ordinances with regard to the general health and sanitation of towns and cities, and such duties as shall be legally required of him by the mayor, council, or the ordinances of his city or town. (2) He shall discharge and perform such duties as may be prescribed for him under the directions, rules, regulations, and requirements of the State Board of Health. (3) He shall be required to aid and assist the State Board of Health in all matters of quarantine, vital and mortuary statistics, inspection, disease prevention and suppression, and sanitation within hisjurisdic- tion. (4) He shall at all times report to the State Board of Health, in such manner and form as shall be prescribed by the State Board of Health, the presence of all contagious, infectious, and dangerous epidemic diseases within his jurisdiction and shall make such other and further reports in such manner and form and at such times as the State Board of Health shall direct, touching all such matters as may be proper for the State Board of Health to direct. (5) He shall aid the State Board of Health 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 such other duties as the State Board of Health shall direct. (f) The compensation of city health officers shall be fixed by the mayoi and council of the respective towns and cities within this state. • 447 RET • OF JUDGES AND COURT EMPLOYEES 24-8-401 248401. Board of trustees. (a)(1) In cities in a county having a population of one hundred fifty thousand (150,000) or more, in which county there are two (2) or more municipal courts with a judge of a municipalcourt licensed to practice law, there is created a board of trustees which shall consist of the mayor, city clerk, city treasurer, city health officer, and municipal judges of the city. (2) In counties having a population of at least one hundred fifty thousand (150,000) and at least one (1) county municipal court, there is herh gecreated unclerk,acounty treasurd of trustees er, andshall the judgeconsist of the county of the county judge, county municipal court (b)(1) The board shall receive and administer the funds collected under the provisions of this subchapter and shall have the power to make necessary rules therefor. (2XA) The board shall have the authority to invest ssuch funds nt of' ament s are not necessary for the immediate use for payor benefits in interest-bearing securities of the State. of Arkansas or certificates of the .United States or any or all such securities. (B) Subject to subdivision (bX2)(C) of this section, a city or county having municipal judges' and clerks' pension plans with assets in excess of one hundred thousand dollars ($100,000) shall have full power to invest and reinvest the moneys of the plan and to hold, purchase, sell, assign, transfer, or dispose of any of the investments so made, as well as the proceeds of the investments and moneys. Such authority shall be implemented by the mayor and the city treasurer, or the county judge and he county treasurer, respectively. (C) The investments and reinvestments shall only be made in accordance with the prudent investor rule as set forth in §§ 24-3-417 — 24-3-426. (D) A city or county having municipal judges' and clerks' pension plans with assets in excess of one hundred thousand dollars ($100,000) may employ an investment advisor as its agent to make investment recommendations and to invest the assets pursuant to a written investment policy, subject to the terms, conditions, limita- tions, and .restrictions imposed by law upon investments of . state retirement systems, as set forth m §§ 24-3-417 — 24-3-426. (E). The investment policy shall not limit the investments to interest-bearing bonds. county judge, or (F) A city, mayor, or city treasurer, or county, county treasurer, respectively, who complies with the requirements of §• 24-3-425(a) is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated. (G) By accepting the delegation of a trust function from a city or county, an agent submits to the junsdiction of the courts of this state. (cXl) The city treasurer or county treasurer, as the case may be, shall be the treasurer of the board and, at the direction of the board, • RESOLUTION NO. • • A RESOLUTION TO ESTABLISH A CITY BOARD OF HEALTH AND THE OFFICE OF CITY HEALTH OFFICER 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 establishes the Fayetteville City Board of Health pursuant to A.C.A §14- 262-102 and sets the number of members at five. The Fayetteville Board of Health shall have those powers conferred by state statutes and shall serve during the term of the mayor who appoints them. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby establishes the office of City Health Officer who shall be a legally qualified medical doctor of reputable professional standing and be appointed by the Mayor and approved by the City Council to serve during the term of the appointing mayor for an annual honorarium of $100.00. The City Health Officer shall be Chairman of the City Board of Health and a member of the Board of Trustees of the Municipal Judge and Municipal Court Clerk Retirement Fund. The City Health Officer's duties shall not include treating patients, prescribing medications or doing anything not statutorily required pursuant to A.C.A. §14-262-103. PASSED and APPROVED this the 71h day of January, 2003. ATTEST: By Heather Woodruff, City Clerk APPROVED: By: DRAFT DAN COODY, Mayor