N.Y. Public Health Law § 320: Local health officer; appointment; residence

§ 320. Local health officer; appointment; residence. 1. Except in the

cities whose charters otherwise provide, and except as hereinafter

provided for joint appointment by two or more local boards of health of

one health officer for the municipalities joining in such appointment,

and except in those local health districts within the area of a county

or part-county health district, each local board of health shall appoint

a health officer of the municipality. A member of the appointing board

is not eligible to be appointed as the health officer. Such health

officer shall be a citizen and qualified as provided in the sanitary

code. Such qualifications shall be determined by the public health

council, in consultation with the rural health council. Notwithstanding

the provisions of any general or local law or charter, a person who is

qualified as provided in the sanitary code at the time of his

appointment shall be eligible for appointment as health officer.

2. The health officer need not reside within the village or town for

which he is appointed.

3. The local boards of health of a town and village, or for two or

more towns or villages, jointly, may appoint one health officer to be

the health officer for the several municipalities joining in the

appointment, upon the authorization of a resolution or ordinance duly

adopted by each of the respective town boards or boards of trustees of

the villages affected, with the written approval of the commissioner.