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Home My WebLink Aboutord1988-094Introduced by: Warner Proposed by: Warner Date: September 15, 1988 Ordinance No. 88 -94 An Ordinance Repealing Whatcom County Code 2.23 and 2.42, Implementing Resolution 88 -_, and Establishing a County Health Department, WHEREAS, the Bellingham - Whatcom County District Health Department was created to serve the needs of county resi- dents at a time when the duties of the department were Fewer and simpler than they are now; and, WHEREAS, the imminent retirement of the long- serving director of the District Health Department makes this an opportune time to effect a change; and WHEREAS, the Whatcom County Council, on or before implemen- tation date of this ordinance, has by resolution and /or implementing ordinance, approved of the appropriate reimbur- sement methods, adjustments, or formulas to compensate the cities which have contributed to the capital assets of the Bellingham- Whatcom County Health District; and WHEREAS, the efficient, cost - effective administration of quality health services to the community is of prime importance to the County government, which is responsible for that Function, NOW, THEREFORE, BE IT ORDAINED that Chapter 2.23 (Board of Health) and Chapter 2.`t2 (Public Health Department) of the Whatcom County Code are hereby repealed. BE IT FURTHER ORDAINED, that a new Chapter 2.____ entitled "Department of Health" is hereby created. 1. Establishment. Under authority of the Whatcom County Home Rule Charter Section 2.20(c), RCW 70.05, and other applicable state statutes, there is hereby created a Health Department (hereafter referred to as the "department "), an executive department. The department shall commence opera- tion on April 1, 1989; provided, however, that the County Executive may take any preliminary or transitional steps necessary For the Formation of the department and the implementation of this chapter. 2. Administration, The department shall be administered by an administrative officer who shall be the County Executive, Fl Ordinance ci sting Health Department page d in accordance with RCW 70.05.Og5. The County Executive shall appoint a Health Officer, who mag -shall also serve as administrative director, to manage the department and who shall have the qualifications as stipulated by law. The County Executive may, alternatively, with the consent of the Council, but onlu as an interim measure For a period not to exeaed 120 d §us. appoint an administrative officer separate From the Health Officer. The appointment of the Health OFFicer and /or administative officer shall be confirmed by the County Council. These appointees shall serve indefinite terms at the will of the Executive. 3. Powers and duties of administrative officer. The powers and duties of the administrative officer may be delegated to the Health Officer or such other administrative officer as appropriate, and shall include such powers and duties as provided in RCW 70.05.060, set out here for reference, and other administrative duties that may be established by state or county law: (a) Enforce the public health statutes of the state and the rules and regulations promulgated by the state board of health and the secretary of social and health services. (b) Supervise the maintenance of all health and sanitary measures For the protection of the public health within its jurisdiction. Cc) Provide for the control and prevention of any dangerous, contagious, or infectious disease within the jurisdiction of the health department. Cd) Provide For the prevention, control and abatement of nuisances detrimental to the public health. Ce) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require. Li . Baardof Heal.-th. A. A. Creation. The Whatcom County Council shall constitute the oFFical County board of health, in accordance with RCW 70.05.030, and shallr-- by - -the appe #t�tmeflt -of- three- ®F - #ts- members- te- a- eemm #ttse - -t}�e 2 Ordinance creating Health Department Page 3 Heeitb-- Eemmtttee-- delegate-- te- tfie- eemmtttee- sdtl�er�tg �9— Peb '� @ttl— m8tt @PS— btt�t}3i'R—t}3 @— jt3P�9�tP. ti'BR-- B�—t}ie —�8$P� eP--} �ea�tb-- aF�eet�Rg-- tbe-- }�e8�t}�-- BBpsPtmeftt- afld -me}�e �eee�nmeRdart #efls- te- tk�e- EedRe�� -FeP- its- aet�eR: cre tal, e a Health II I ent � y. g_o_m committee composed of throp QgWE to CounciJ O,gmbers, olir, rep�g�,�entatiyg From the i of $ellingham, one reorgggntative From the small cc ties, end one r resentative from the unineernorgtgd Ewral ar LJn1Q_ss thQ chair determines there is no b.WZIJ0= r i.:. the Adv isru CQm I tier. Q 1g12 mQt_.. M such dau Far veru regular Council ffleeting ge ijs members ghall determine shah jig, dgJgagtg¢ aWthoritU tom. i..g hearing on behalF gf the goWnp,11. pbal1 reviQW to ,tern within_ iQ 1WCApq ction of the BoarI3 of Ah ommendations to the Council For its action. B. Powers and Duties of Board of Health. The Whatcom County Council in its capacity as the Board of Health shall have the following legislative powers, in accordance with RCW 70.05.060, and other legislative duties that may be established by state or county law: 1. Enact such local rules and regulations as are necessary in order to preserve, promote, and improve the public health and provide For the enforcement thereof. 2. Establish fee schedules For issuing or renewing license or permits for such services as are authorized by the law and the rules and regulations of the state board of health; such fees For services shall not exceed the actual cost of providing any such services. 3. Meet from time to time with representatives of the cities with which the department may contract to review performance and service provision. C. Election of chair -- public meetings, by -laws. Immediately after appointment, the members of the Health 6ammlttee -Board shall meet and select a chair to serve until the next Following County Council reor- ganization. Annually thereafter the appointed members shall choose a chair. Meetings of the Health Eemmittee Board shall be subject to the Open Meetings Act, RCW 82.30 et seq., and the Board shall adopt, subject to change insofar as appropriate considering the reor- 3 Ordinance creating Health Department Page 'i ganization, and considering its status as a eammi-ttee e €- tie- €aid- Eeape�; - -an advisory board to the County council._ the operational by -laws of the Bellingham - Whatcom County District Board of Health. 5. Contracts For the sale of health services. A. For 1989. For the nine months From April 1, 1989 to December 31, 1989, the Department shall provide health services to the cities of Whatcom County of the same quantity and quality as has been done in the past, and at a cost determined by the Health District's 1989 budget, based on the Formula which has heretofore been employed For that purpose. B. AFter 1989, in accordance with RCW 70.10.150, the Department shall cooperate with and enter into con- tracts or interlocal agreements with the cities in the county to provide those cities health services, which may include enforcing appropriate city ordinances as has been done in the past. The contracts shall be on such terms and under such conditions as the Executive shall negotiate and they shall be approved by the County Council in its annual budget. The department may receive monies From public and private entities to carry out services set forth in this chapter. 6. Cgn„5ensual contracts entered into by the Health Dis- .� All consensual contracts, agreements, rights, and obligations either in Favor of or against the Health District at the time this ordinance becomes effective shall continue in Full Force and eFFect, and responsibility therefore shall be transferred to the Whatcom County Health Department, 7. Nan - consensual cl�img a,�ainst the`HealtlLDistrict. Non - consensual claims against the Bellingham- Whatcom County Health District, Health Officer or Health Board claimed to be caused beFore the effective date of this ordinance From such things as, but not limited to, nonFeasance, mis- Feasance, malfeasance, negligence, interFerence with contractual relations, breach of contract, or lack of due process are not assumed by the Whatcom County Health Department. Whatcom County may administer such claims as it deems appropriate, and shall charge the cost of administra- tion of the claim and /or the cost of any settlement, award, or damages agreed or determined owing as a result of actions of the Health District or its agents back against the If Ordinance creating Health Department Page 5 entities which comprised the Health District in accordance with the same Formula which would have been used to deter- mine contributions had the District not been dissolved. B. Severabilitg. IF any part of this Ordinance is deemed illegal, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed as if the ordinance did not contain the particular illegal part. IF it would appear that any provisions of this ordinance are in conflict with any statutory provisions of the State of Washington, such provision of the ordinance shall be deemed inoperative and void and shall be modified to conform to such statutory provision. Passed this 22nd__ day of Whatcom ATTEST: Whatcom Ramona Reeves, Clerk William November 1988. County Council County, Washington P. Roehl, Chair (✓� Approved ( ) Vetoed *_k Shirley Van Z nten, Ex cutive Date Signed: Al