N.Y. Public Health Law § 351: County or part-county health commissioner, public health director or county health director; appointment; compensation

§ 351. County or part-county health commissioner, public health

director or county health director; appointment; compensation. 1. The

board of health of each county and part-county health district or other

body having the powers and duties of a board of health of a county or

part-county health district or the county executive in those counties

where the county charter provides that said commissioner is to be

appointed by the county executive shall appoint a county health

commissioner, county health director or, when authorized under the state

sanitary code, public health director; except, however,

(a) that the boards of health of not more than three county or

part-county health districts or other bodies having the powers and

duties of a board of health of a county or part-county health district

may appoint the same person to serve as county health commissioner,

county health director or, when authorized by the state sanitary code,

public health director for said health districts, if the total

population of health districts is not in excess of one hundred fifty

thousand according to the latest federal decennial census, provided the

approval of the commissioner is obtained; or

(b) the board of health or other body having the powers and duties of

a board of health of a county or part-county health district of any

county health district with a population of less than thirty-five

thousand according to the latest federal decennial census may appoint

the same person employed by a contiguous county or part-county health

district to serve as county health commissioner, county health director

or, when authorized by the state sanitary code, public health director

without regard to the total population of both health districts,

provided the approval of the commissioner is obtained.

The commissioner shall periodically review his or her determination to

ensure such employment of the same county health director, director of

public health or county health commissioner continues to serve the

interest of public health and may terminate his or her approval at his

or her discretion.

2. If the commissioner has approved the appointment of the same person

to serve as the county commissioner of health or public health director

of more than one county or part-county health district pursuant to

subdivision one of this section, then during the continuation of such

approval the commissioner may also authorize the same members to be

appointed to the board of health of each respective health district,

notwithstanding their residency in the other county.

3. Any boards of health or other bodies having the powers and duties

of a board of health of a county or part-county health district having

the same members shall annually submit such information and reports

regarding the effect of such employment on administration of the

respective health districts and the provision of public health services

as the commissioner may require. The commissioner shall use such

information in determining whether such common membership continues to

serve the interest of public health.

4. The county health commissioner or public health director shall

possess such qualifications for office as are prescribed in the sanitary

code.

5. The county health commissioner or public health director shall

serve for a term of six years and shall not be removed during the term

for which he or she shall have been appointed, except upon written

charges after a hearing and upon notice.

6. The county health commissioner or public health director shall

receive such compensation as may be fixed by the board of supervisors

or, if the commissioner's approval has been obtained for the employment

of the same person as the county health commissioner or public health

director pursuant to subdivision one of this section, by the boards of

supervisors.