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Home My WebLink About187-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 187-21 File Number: 2021-0434 CITY BOARD OF HEALTH: A RESOLUTION TO REVIEW THE CONTINUATION OR REPURPOSING OF THE CITY BOARD OF HEALTH NOW THAT THE GOVERNOR'S DECREE OF A PANDEMIC EMERGENCY HAS LAPSED WHEREAS, on June 24, 2020, in response to the Governor's Pandemic Emergency Decree, the City Council reestablished the Fayetteville City Board of Health and the position of City Health Officer with Resolution No. 173-20; and WHEREAS, the Fayetteville City Board of Health and the City Health Officer were properly appointed by Mayor Jordan and have served our City and community very well over the last year; and WHEREAS, Governor Hutchinson has now ended his Decree of Pandemic Emergency because many Arkansans have received the Covid-19 vaccinations which have resulted in a decline in the number of new cases, hospitalizations, and deaths from Covid-19; and WHEREAS, Section 3 of Resolution No. 173-20 requires a prompt review after "the end of any relevant state of emergency to determine whether the City Board of Health should be dissolved, reconstituted, or repurposed."; and WHEREAS, on August 18, 2020, the City Council voted unanimously to recognize racism as a public health crisis, tasking the City Board of Health and City Health Officer to identify health disparities and ways to positively affect health outcomes and the adoption of large-scale solutions to this public health crisis; and WHEREAS, evidence -based health information should be clearly and proactively communicated to the public to combat the constant assaults on healthcare access for transgender Arkansans, Page 1 Primed on 717121 Resolution: 187-21 File Number: 2021-0434 Washington County women, and Americans who qualify for public assistance. 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 expresses their deep gratitude and thanks to the City Board of Health and the City Health Officer for their outstanding and professional advice and work on the Covid-19 pandemic issue which probably saved many lives of our citizens. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Board of Health and City Health Officer remain active and engaged while more persons become vaccinated, but also while new more infectious and dangerous variants may emerge from the billions of unvaccinated persons worldwide which will likely also eventually infect United State citizens and residents. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Board of Health and City Health Officer apply their attention and expertise, as demands of the COVID-19 pandemic allow, to the goal of improving equitable public health outcomes for underinvested populations, and to adopt or recommend such rules, regulations, and recommendations as appropriate to advancing that goal. PASSED and APPROVED on 7/6/2021 Attest: 0�GLE R K►i �i�� .`��y• GAT F". G•• per• 9J, Kara Paxton, City Clerk Treasuter: F�rc�cl/C �= =z• cc. 71y �'4'VSAS ON coo Page 2 Printed on 717121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0434 Agenda Date: 7/6/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: C.1 CITY BOARD OF HEALTH: A RESOLUTION TO REVIEW THE CONTINUATION OR REPURPOSING OF THE CITY BOARD OF HEALTH NOW THAT THE GOVERNOR'S DECREE OF A PANDEMIC EMERGENCY HAS LAPSED WHEREAS, on June 24, 2020, in response to the Governor's Pandemic Emergency Decree, the City Council reestablished the Fayetteville City Board of Health and the position of City Health Officer with Resolution No. 173-20; and WHEREAS, the Fayetteville City Board of Health and the City Health Officer were properly appointed by Mayor Jordan and have served our City and community very well over the last year; and WHEREAS, Governor Hutchinson has now ended his Decree of Pandemic Emergency because many Arkansans have received the Covid-19 vaccinations which have resulted in a decline in the number of new cases, hospitalizations, and deaths from Covid-19; and WHEREAS, Section 3 of Resolution No. 173-20 requires a prompt review after "the end of any relevant state of emergency to determine whether the City Board of Health should be dissolved, reconstituted, or repurposed.' ; and WHEREAS, on August 18, 2020, the City Council voted unanimously to recognize racism as a public health crisis, tasking the City Board of Health and City Health Officer to identify health disparities and ways to positively affect health outcomes and the adoption of large-scale solutions to this public health crisis; and WHEREAS, evidence -based health information should be clearly and proactively communicated to the public to combat the constant assaults on healthcare access for transgender Arkansans, Washington County women, and Americans who qualify for public assistance. 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 expresses their deep gratitude and thanks to the City Board of Health and the City Health Officer for their outstanding and professional advice and work on the Covid-19 pandemic issue which probably saved many lives of our citizens. City of Fayetteville, Arkansas Page 1 Printed on 7/7/2021 File Number: 2021-0434 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Board of Health and City Health Officer remain active and engaged while more persons become vaccinated, but also while new more infectious and dangerous variants may emerge from the billions of unvaccinated persons worldwide which will likely also eventually infect United State citizens and residents. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Board of Health and City Health Officer apply their attention and expertise, as demands of the COVID-19 pandemic allow, to the goal of improving equitable public health outcomes for underinvested populations, and to adopt or recommend such rules, regulations, and recommendations as appropriate to advancing that goal. City of Fayetteville, Arkansas Page 2 Printed on 7/7/2021 Legistar ID No.: 4 0 /- OVJY AGENDA REQUEST FORM FOR: Council Meeting of FROM: Mayor 6, 2021 ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REVIEW THE CONTINUATION OR REPURPOSEMENT OF THE CITY BOARD OF HEALTH NOW THAT THE GOVERNOR'S DECREE OF A PANDEMIC EMERGENCY HAS LAPSED AGENDA: gion ayord Jordan +� ate City Attorney Kit Williams Date DEPARTMENTAL CORRESPONDENCE r OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan Blake Pennington City Council Assistant City Attorney Jodi Batker CC: Susan Norton, Chief of Staff Paralegal FROM: Kit Williams, City Attorney DATE: June 17, 2021 RE: Required Review of Need for City Board of Health Resolution 2020-526 reestablished the Fayetteville City Board of Health in June of 2020 in response to the Governor's Decree of the Covid-19 Pandemic Emergency. Its third section called for a review of the need to continue the existence of the City Board of Health after the Governor had ended his Decree of Pandemic Emergency. Therefore, Mayor Jordan asked me to prepare this Resolution to get the issue of whether "the City Board of Health should be dissolved, reconstituted, or repurposed," (Section 3 of Resolution 2020-526) to the City Council for discussion. No matter what recommendation the City Council might make about the future of the Board of Health, we all owe a tremendous debt of gratitude for all of the time and effort these physicians devoted to try save the lives of our citizens and residents by providing valuable and needed medical advise about mask wearing, social distancing, and vaccinations. I am sure that enough of our citizens listened to the City Board of Health's informed and professional advice and warnings that the Board's work has saved many lives in Fayetteville. Fayetteville City Health Officer Dr. Marti Sharkey devoted innumerable hours advising the Board of Health, our citizens and city on a totally volunteer basis. The City Council should recognize her very valuable contribution to Fayetteville's health and well being in this important time of need. 113 West Mountain Street FayenenlleAR 72701 (479) 57S 8323 Resolution: 173-20 File Number: 2020-0526 ESTABLISH THE FAYETTEVILLE CITY BOARD OF HEALTH AND THE POSITION OF CITY HEALTH OFFICER: A RESOLUTION TO ESTABLISH THE FAYETI"EVILLE CITY BOARD OF HEALTH AND THE POSITION OF CITY HEALTH OFFICER. AND 10 APPROVE A BUDOEI ADJUSTMENT IN "FI E AMOUNT OF S50.000-00 WHEREAS. Ark. Code Ann. § 14-262-102 authorizes the City to establish a board of health and to "invest the board with such powers and impose upon it such duties as shall be necessary to secure the city and its inhabitants from the evils of contagious. malignant. and infectious diseases': and WHEREAS, Ark. Code Ann. § I4-262-103 authorizes the City to create the position ofC'ity Health Ofticer with the powers and duties set forth in that statute: and WHEREAS. pursuant to Ark. Code Ann. § 14-262-1161bl( 12) and § 14-262-1 I51a)t4). a city board of health is empowered -to adopt such rules and regulations. not inconsistent with the public health laws of this state nor with the orders and rules of the State Board of Health": and WHEREAS. the significant rise in COVI0.19 cases juStitieS the reinstitution of the City Board of Health and the re-establishment of the position of City Health Otlicer to assist the City with its response to the pandemic. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville Arkansas hereby creates the City Board of Health which shall consist of five members appointed by the %lay m, at least two of whom shall be physicians of good professional standing. The initial members shall serve for the following terms: one Vs9e r r .Asd on 62a20 Resolution: 173-20 File Number: 2o20-0526 shall serve for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, from January 1 of the year appointed; thereafter, full -term appointments shall be for five (5) years. In addition to the Mayor and up to one city employee, the Mayor may appoint up to two es-offieio members who shall serve during the Mayor's term of office. The City Board of Health shall have those powers and duties conferred by Ark. Code Ann. § 14-262- 102 including such powers as are necessary to secure the city and its inhabitants from the evils of contagious, malignant, and infectious diseases. The City Board of Health shall develop a job description for the City Health Officer and submit nominations for that office to the Mayor when a vacancy occurs. The City Board of Health shall submit nominations for the ex-ofticio members to the Mayor at the beginning of the Mayor's term of office and shall include residents with expertise and credentials relevant to pressing public health issues affecting the jurisdiction of the City Board of Health. The City Board of Health shall promulgate rules and regulations necessary for the conduct of its meetings. including the election of officers, and for carrying out its statutory powers and duties, not inconsistent with the public health laws of this state nor with the orders and rules of the State Board of Health. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby establishes the office of City Health Officer, who shall be a competent physician of reputable professional standing who is legally qualified to practice medicine in Arkansas. The City Health Officer shall be appointed by the Mayor and approved by the City Council. The City Health Officer shall have those powers and duties conferred by state law or city ordinance or resolution, 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. Section 3: The City Council of the City of Fayetteville, Arkansas hereby determines that this Resolution should be reviewed within four weeks of the end of any relevant state of emergency to determine whether the City Board of Health should be dissolved, reconstituted- or repurposed. When such a state of emergency ends, the City Board of Health should provide a summary list, with annotations, of pressing public health issues. Section_4: That the City Council of the City of Fayetteville. Arkansas hereby approves a budget adjustment in the amount of $50,000.00 for staffing, supplies, and other needs of the City Health Officer and the City Board of Health in the course of their work. PASSED and APPROVED on 6/24/2020 PGyB 2 Printed on 6aW20 Resolution: 173-20 File Number2UO4526 Attest: �dy GIER k prrrhO� v�.•'�GIiY' Rcy'% Kara Paxton, City Clerk Treasurc�� eTTfVitt £ :1 ��"Sii� rVSPS•�• :: Page 3 Rftd on Wt