Article 5 - Department of Health - Charter

Section 501. County Health District and Department; Commissioner; qualifications; appointment and term. The County, including the cities, towns and villages and special districts situated therein, shall continue to be a County Health District. There shall be a Department of Health headed by a Commissioner. The County Executive shall appoint as Commissioner of Health a physician duly licensed to practice medicine in the State of New York, who shall be experienced in public health administration and shall possess such qualifications as are prescribed in the State Sanitary Code or otherwise by the Public Health Council of the State of New York. Such appointment shall be subject to confirmation by the County Legislature and shall be for the term or balance thereof of the County Executive making such appointment.

Section 502. Powers and duties of the Commissioner. Except as otherwise provided in this Charter, the Commissioner of Health shall have all the powers and perform all the duties conferred or imposed upon county health commissioners and/or county boards of health by law. He or she shall perform such additional and related duties as the County Executive may prescribe.

The Commissioner shall supervise and be responsible for, and shall appoint and have charge of the County medical examiners and their staff, which County medical examiners shall be physicians duly licensed to practice in the State of New York. The medical examiners shall have such powers and duties as are or may be prescribed by any state law, county law, special act, or local law, including any duties previously assigned to the Medical Director as regards inquiries into deaths occurring without medical attendance. The Chief Medical Examiner shall be keeper of the morgue.

Amended by Local Law No. 4 1984.

Section 503. Board of Health. There shall be in the Department a Board of Health, the members of which shall be appointed by the County Executive. The composition of such board in regard to the number of members and professional, governmental or other representation, and the terms of such members, shall be as provided in the Public Health Law for a county board of health. The Board of Health shall at the request of the Commissioner, and may on its own initiative, advise on matters relating to the preservation and improvement of the public health and on matters relating to services and facilities of the County laboratory.  The Board may on its own initiative make recommendations and suggestions to the County Executive relative to the qualifications and appointments of the Commissioner of Health and relative to the qualifications and duties of the Deputy Commissioners, officers or employees of the Department of Health.

Amended by Local Law No. 1-2017.

Amended by Local Law No. 8 1989.

Section 504. Sanitary Code. The Board of Health may formulate, promulgate, adopt and publish rules, regulations, orders and directions relating to health in the County, which shall not be inconsistent with the Public Health Law or the State Sanitary Code. Such rules, regulations, orders and directions shall be known as the County Sanitary Code. Any and all provisions of the Erie County Sanitary Code in effect at the time of adoption of this Charter shall remain in full force and effect until amended or repealed by the Board of Health. No amendment of the County Sanitary Code with respect to the establishment or revision of schedules of fees by the Board of Health shall take effect until such amendment is ratified by the County Legislature. If the Legislature shall not ratify, modify or reject such amendments within sixty days following the presentation of such amendments to the Clerk of the Legislature by the Board of Health, then such amendments shall be deemed ratified.

The provisions of the County Sanitary Code shall have the force and effect of law. Penalties for violation of or non conformance with such code shall be as provided by such code or other applicable law. Certified copies of such code shall be received in evidence in all courts and proceedings in the state.

Amended by Local Law No. 1 1994

Amended by Local Law No. 9 1994.

Section 505. County Laboratory District; County Laboratory; Director. The County, including the cities, towns, villages and special districts situated therein shall continue to be a county laboratory district. There shall be in the Department an Erie County Laboratory headed by a Director. The Commissioner of Health shall appoint as Laboratory Director a person who shall possess such qualifications as may be prescribed by the Public Health Council of the State of New York for a clinical laboratory director. Such appointments shall be for the term or balance thereof of the Commissioner making such appointment.

The Director shall exercise all the powers and duties heretofore or hereafter conferred or imposed upon him by the County Charter, by the Administrative Code, by order or direction of the Commissioner of Health and by any applicable act of the Legislature not inconsistent with the County Charter or the Administrative Code. Such powers and duties shall include but shall not be limited to any power or duty conferred or imposed upon a county laboratory board and the director of a county laboratory district by the Public Health Law or other applicable law.

The Director shall be responsible for the serological, bacteriological and other public health laboratory work for the County Laboratory District, as required by the Health Commissioner. Except as otherwise provided in this Charter, the Director shall exercise all powers and perform all duties of a county laboratory board.

Amended by Local Law No. 3-2006.

Added by Local Law No. 8 1989.

Section 506. Division of Services to Persons with Special Needs; Deputy Commissioner. There shall be in the Department a Division of Services to Persons with Special Needs, headed by a Deputy Commissioner. The Deputy Commissioner shall be appointed by the Commissioner and serve at the Commissioner's pleasure. The Deputy Commissioner shall insure the continuance of beneficial programs and implement additional services in the County for adults and youths with special developmental and medical needs.

Added by Local Law No. 6-2001.

Article 5 was formerly numbered Article V.