UPPER MISSOURI DISTRICT HEALTH UNIT
BOARD OF HEALTH BY-LAWS
ARTICLE I
The name of this organization shall be Upper Missouri District Health Unit Board of Health organized as mandated by the North Dakota Century Code Chapter 23-35-03.
ARTICLE II
The purpose of the Upper Missouri District Health Unit Board of Health is to act as a policy making body that through oversight of services and finances, results in the promotion of healthy lifestyles through health education, prevention and control of disease and protection and enhancement of the environment.
ARTICLE III
Section 1. Duties and Responsibilities
The Board of Health shall exercise the powers of Upper Missouri District Health Unit, control its property and conduct its affairs. It shall be the sole policy making authority of Upper Missouri District Health Unit. As provided by 23-35-08, the Board of Health:
A. Shall keep and make reports required by the North Dakota Department of Health.
B. Shall prepare and submit a public health unit budget.
C. Shall audit, allow, and certify for payment expenses incurred to aid in the work of the board of health.
D. May accept and receive any contribution offered to aid in the work of the Board of Health.
E. May make rules regarding any nuisance, source of filth, and any cause of sickness, which are necessary for public health and safety.
F. May establish by rule a schedule of reasonable fees that may be charged for services rendered. Services may not be withheld due to an inability to pay any fees established under this subsection.
G. May make rules in a health district or county public health department, as the case may be, for the protection of public health and safety.
H. May adopt quarantine and sanitary measures in compliance with chapter 23-07.6 which are necessary when an infectious or contagious disease exists.
I. May make and enforce an order in a local matter if an emergency exists.
J. May inquire into any nuisance, source of filth, or cause of sickness.
K. Except in the case of an emergency, may conduct a search or seize material located on private property to ascertain the condition of the property as the condition relates to public health and safety as authorized by an administrative search warrant issued under chapter 29-29.1.
L. May abate or remove any nuisance, source of filth, or cause of sickness when necessary to protect the public health and safety.
M. May supervise any matter relating to preservation of life and health of individuals, including the supervision of any water supply and sewage system.
N. May isolate, kill, or remove any animal affected with a contagious or infectious disease if the animal poses a material risk to human health and safety.
O. Shall appoint a local health officer.
P. May employ any person necessary to effectuate board rules and this chapter.
Q. If a public health unit is served by a part-time local health officer, the board of health may appoint an executive director. An executive director is subject to removal for cause by the board of health. The board of health may assign to the executive director the duties of the local health officer, and the executive director shall perform these duties under the direction of the local health officer.
R. May contract with any person to provide the services necessary to carry out the purposes of the board of health.
S. Shall designate the location of a local health officer's office and shall furnish the office with necessary equipment.
T. May provide for personnel the board of health considers necessary.
U. Shall set the salary of the local health officer, the executive director, and any assistant local health officer and shall set the compensation of any other public health unit personnel.
V. Shall pay for necessary travel of the local health officer, the local health officer's assistants, and other personnel in the manner and to the extent determined by the board.
Section 2. Appointments, Terms, and Qualifications
23-35-03
A. Any person twenty-one years of age or older who resides in the Upper Missouri District Health Unit area may serve as a board member.
B. Nominations for appointments to the board will be made by the county commissioners from the county in which the term of a board member is expiring.
C. The board of health must have at least one representative on the board from each county; each county of over fifteen thousand population must have an additional representative for each fifteen thousand population or major fraction of that number.
D. Members must be appointed for staggered terms. All appointments are for five year terms with a maximum of three consecutive terms. Each board member shall serve until a successor is appointed and qualified. If a vacancy occurs, the appointment county commission shall appoint a member for the remainder of the unexpired term. A board of health may not be all male or all female.
E. Members of the board may be compensated at the rate not to exceed sixty-two dollars and fifty cents per day and not to exceed twenty-five days in any one year.
F. Each appointee shall qualify by filing the constitutional oath of office with the county auditor of the largest county in the district.
Section 3. Liability.
The members of the board of health will not be personally liable for the debts, liabilities or other obligations of Upper Missouri District Health Unit. The board of health shall indemnify any board member or employee of Upper Missouri District Health Unit against expenses actually and necessarily incurred in connection with the defense of any action, suit, or proceeding in which he/she is made a party by reason of being or having been such board member or employee, except in relation to matters as to which he/she shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of a duty. Such indemnification shall not be exclusive of any other rights to which such board member or employee may be entitled under any law, agreement, board action or otherwise.
ARTICLE IV
Section 1. Board Officers.
23-35-03 The officers of the board shall be a president, vice president and a treasurer or a combination secretary-treasurer.
Section 2. Election of Officers. Any member of the board of health is qualified to be an officer of the board. Officers shall be elected annually by the board at the first regular meeting of the calendar year. Each officer shall hold office until he/she resigns, or until his/her successor shall be elected and qualified, whichever occurs first. The term of all officers shall be one (1) year.
Section 3. Removal and Resignation of Officers. Any officer may be removed for cause by a majority of the members at any regular or special meeting of the board and such officer shall be removed should he/she cease to be qualified for the office as required. Any officer may resign at any time by giving written notice to the board or to the president or secretary of the board. Any such resignation shall take effect on the date of the receipt of such notice or any later date specified. The acceptance of such resignation shall not be necessary to make it effective.
Section 4. Filling Vacancies. Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the board for the unexpired portion of the term. In the event of a vacancy in any office other than the president, such vacancy may be filled temporarily by appointment by the president until such time as the board shall fill the vacancy. Vacancies occurring among the officers appointed at the discretion of the board may be filled as the board shall determine.
Section 5. Executive Secretary. The Upper Missouri District Health Unit Executive Officer shall serve as executive secretary to the board of health with no voting privileges.
Section 6. Duties of the President. The president shall be the chief executive officer of the board. It shall be his/her duty to:
A. Perform all such duties as are incident to his/her office and such other duties as may be required by law, by these by-laws, or which may be prescribed by the board.
B. Preside at all meetings of the district board of health.
C. Make and execute contracts in the ordinary course of business of the board, and to execute other legal instruments when authorized by the board except as otherwise expressly provided by law or by these by-laws.
D. Appoint all committees and committee chairmen subject to the approval of the board.
E. Serve as an ex officio member of all standing and ad hoc committees.
F. Have such other powers and perform such other duties as may be assigned to him/her by the board of health.
G. To audit claims against and disbursement from the district health fund.
Section 6. Duties of the Vice President. In the absence of the president or in the event of his/her inability or refusal to act, or if the office be vacant, the vice president shall perform all the duties of the president, and when so acting shall have all the powers, and be subject to all the restrictions of the president.
Section 7. Duties of the Secretary. the secretary and shall keep such records and make such reports as may be required by the board and by the state department of health.
The secretary shall:
A. Keep at the office of the original of these by-laws and those amended or otherwise altered to date.
B. Audit claims against and disbursement from Upper Missouri District Health Unit fund.
C. Exhibit at any reasonable time, to any member of the board or member of the general public, on request, the by-laws, the minutes of proceedings, and other such data and records of the board of health which the requester has the right, by law or regulation, to access.
D. In general, perform all duties incident to the office of the secretary and such other duties as may be required by law, by these by-laws, or which may be assigned to him/her by the board.
Section 8. Duties of the Treasurer. The treasurer shall:
A. Exhibit or cause to be exhibited at all reasonable times to any member of the board or member of the general public, on request, the books of account and financial records which the requester has right, by law or regulation, to access.
B. Serve as member of the finance committee if such committee is formed.
C. In general, perform all duties incident to the office of the treasurer and such other duties as may be required by law, or by these by-laws, or which may be assigned to him/her by the board.
D. 23-14-10. Be bonded in an amount to be fixed by the board.
Section 9. Duties of the Executive Secretary
The executive secretary shall:
A. Keep or cause to be kept at the Upper Missouri District Health Unit office or at such other place as the board may direct, a book of all meetings of the board, recording therein the time and place of holding, whether regular or special, and if special, how authorized, notice thereof given, names of those present at the meetings, and the proceedings thereof.
B. Keep or cause to be kept at the Upper Missouri District Health Unit office a membership book containing the name and address of each member, and, in any case where membership has been terminated, he or she shall record such fact in the book together with the reason for termination and the date on which membership ceased.
C. See that all notices are duly given in accordance with the provisions of these bylaws or as required by law.
D. Keep or cause to be kept and maintained adequate and correct accounts of the Upper Missouri District Health Unit's properties and business transactions, including its assets, liabilities, receipts, disbursements, surpluses and deficits.
E. Render to the president and board members, whenever he or she or they request it, an account of any or all of the transactions of the board and the financial condition of Upper Missouri District Health Unit.
ARTICLE V
Section 1. Meetings
A. 23-35-03. Quarterly meetings shall be held at a time and place to be determined by the board.
Members shall be given written notice at least ten (10) working days prior to the meeting. The executive officer is authorized to cancel or postpone quarterly meetings if five (5) members indicate they will not attend the meeting.
B. Special Meetings. Special meetings shall be held whenever called by the president or by five (5) or more members of the board. Members shall be notified of such special meeting by mail, telephone or in person at least forty-eight (48) hours prior to the time of holding such meetings, and the notice shall specify the nature or any and all business to be conducted at such meeting.
C. Public Notices. All business meetings of the board, whether regular or special, shall be open to the public.
The schedule of regular meetings shall be filed annually with the county auditors of all counties comprising the health district. Public notice of each of its meetings shall be posted at its principal office and at the location of the meeting at the same time as members are notified.
Notice shall be given of the time, place, and nature of the business to be conducted at any special meeting, in a newspaper or newspapers of general circulation within the district, and by whatever additional method is agreed upon by the board. Notice of special meetings shall be sent at least forty-eight (48) hours prior to such meetings.
Section 2. Quorum. The majority of members of the board shall constitute a quorum for the transaction of business. Whenever this section conflicts with state or federal statutes or regulations, the provisions of the statutes or regulations shall supersede this section. Except as otherwise expressly provided in this by-law, no business shall be considered by the board at any meeting at which a quorum, as defined, is not present, and the only motion which the chair shall entertain at such meeting is a motion to adjourn.
Section 3. Presiding Officer. Meetings of the board shall be presided over by the president of the board, or in his/her absence, by the vice president, or in his/her absence, by a chairman chosen by the president or by a majority of the members present.
Section 4. Voting. Each member shall have one (1) vote. There shall be no voting by proxy. Each act or decision done or made by a majority of the members present and voting at a meeting duly held at which a quorum is present is the act of the board of health, unless the law requires a greater number. Substantive issues shall be by roll call vote.
ARTICLE VI
Section 1. Standing Committees
A. Executive Committee. The executive committee shall consist of the officers of the board. The president shall serve as committee chairman. Meetings of the committee shall be on call of the president or as directed by the board of health. The committee shall carry out such business as may be delegated by the board. The committee may act for the board in the interim between regular board meetings where time limitations prevent action by the full board, and when such action is not inconsistent with established board policy.
The executive committee may make regular and continuing review of matters of board business in order to make recommendations to the full board of the same, and to provide such information in advance of the preparation of the agenda for the succeeding board meeting.
Minutes of the executive committee meetings shall be mailed to each board member or delivered to each board member in attendance at the next regular board of health meeting following the executive committee meeting. All action taken by the executive committee shall be specifically reported at such regular board meetings. A quorum of the executive committee shall consist of a majority of the voting members.
B. Finance Committee. A finance committee consisting of the treasurer and two members appointed by the president may be formed. The finance committee or executive committee may serve as the finance committee. The finance committee shall have responsibility to oversee the financial management of the board. The committee may be called on to assist with preparation of a recommended fiscal year budget for adoption by the board of health.
23-35-07. A district board of health shall prepare a budget for the next fiscal year at the time at which and in the manner in which a county budget is adopted and shall submit this budget to the joint board of county commissioners for approval. The amount budgeted and approved must be prorated in health districts composed of more than one county among the various counties in the health district according to the taxable valuation of the respective counties in the health district. For the purpose of this section, "prorated" means that each member county's contribution must be based on an equalized mill levy throughout the district. The budget may not exceed the amount that can be raised by a levy of five mills on the taxable valuation.
Section 2. Study and Ad Hoc Committees. The board may authorize the creation, prescribe the term, and define the powers and duties of such study and ad hoc committees, not specifically created by these by-laws, as may be necessary or useful to the conduct of board business.
Section 3. Ex Officio Committee Members. The president, except in the case of the executive and finance committees, the district health officer and the executive officer shall be ex officio members, without the right to vote, of all committees established pursuant to this article.
Section 4. Powers and Duties. The committees created by this article shall have such powers and duties as are specifically provided in these by-laws and such as may be given to them by the board of health. Except in the case of the executive committee reporting certain delegated actions, reports of the committees shall be advisory only and shall not be binding on the board until ratified by the board.
Section 5. Vacancies. Vacancies on any committee may be filled for the unexpired portion of the term in the manner as provided in the case of original appointments.
Section 6. Quorum. A majority of the members of a committee shall constitute a quorum and the act of a majority of the members present and voting shall be an act of the committee.
Section 7. Rules of Procedure. Each committee may adopt rules for its own governance and procedures not inconsistent with law, these by-laws, or rules adopted by the board.
ARTICLE VII
District Health Officer
Section 1. Appointment. 23-35-12. The district health officer shall be appointed by the district board of health for a term of five years. He/she may be appointed on a full-time or part-time basis subject to removal for cause by the board. He/she shall be a physician currently licensed to practice medicine in the state of North Dakota and a resident of the district.
Section 2. Duties and Functions.
23-35-12 Within the jurisdiction of the board of health, the district health officer:
A. shall keep a record of the official acts of the district health officer.
B. shall enforce every law and rule relating to preservation of life and health of individuals.
C. may exercise the powers and duties of the board of health under the supervision of the board of health.
D. may make sanitary inspections of any place within the jurisdiction in which the district health officer finds a probability that a health-threatening condition exists.
E. may investigate public water and ice supplies suspected of contamination and initiate necessary condemnation proceedings.
F. may enforce school cleanliness; inspect any school that may be overcrowded, poorly ventilated, or unsanitary; and, when necessary, report cases of any unsanitary or unsafe school building to the board of health for investigation.
G. may take any action necessary for the protection of public health and safety.
H. may determine when quarantine and disinfection is necessary for the safety of the public. The local health officer may establish quarantines consistent with procedures provided under chapter 23-07.6 and perform any acts required for disinfection when necessary.
I. shall maintain an office within the jurisdiction of Upper Missouri District Health Unit consistent with any terms of appointment.
J. may select and discharge any assistant health officer in Upper Missouri District Health Unit, consistent with any terms of appointment.
ARTICLE VIII
Executive Officer
Section 1. Selection. The executive officer shall be selected by the district board of health.
Section 2. Duties and Functions. The executive officer shall carry out the mission of Upper Missouri District Health Unit within the framework of the North Dakota Century Code, these by-laws, the established policies and procedures of the board of health, and the general and specific assignments given to him/her by the district board of health. He/she shall report to the board and the executive committee for regular and continuing review of board activities. The functions of the executive officer shall include, but not be limited to:
A. Human resource and financial management and oversight.
B. Seek and investigate any possible sources of additional funds.
C. Coordinate and carry out the public health activities according to the health unit's approved work program.
D. Attend the meetings of the district board of health, executive committee, and other committees established by the board.
E. Represent the board in dealing with the public and with other agencies.
F. Other responsibilities as set forth in the administrative manual and such other duties as may be delegated to him/her by the president or the board.
ARTICLE IX
Conflict of Interest
No member of the board shall vote on a question in which he/she has an interest other than as a member except the election of president or other officer, and no committee member shall vote on a question in which he/she has an interest otherwise than as a member where a conflict of interest exists, he/she will not be counted in determining the quorum for the vote in question.
ARTICLE X
General Provisions
Section 1. Fiscal Year. The fiscal year of the Upper Missouri District Health Unit Board of Health shall begin on January 1 and end December 31 of each year.
Section 2. Parliamentary Procedure. Parliamentary procedure for all meetings of members and committees shall be in accordance with Robert's Rules of Order, as most recently revised.
ARTICLE XI
Amendment of the By-Laws
These by-laws may be revised or amended by a two-thirds vote of all members provided that each member receives written notice of the proposed changes no less than thirty (30) days prior to the voting.