Health; Organization of Local Health Boards and Departments

Subject:

Health; Organization of local health boards and departments; G.S. 153A-76 and G.S. 153A-77.

Requested By:

Ronald H. Levine, M.D., M.P.H. State Health Director

Questions:

1. Does a county board of commissioners have authority to divide or reorganize a local health department into two or more separate agencies?

2. When a county board of commissioners assumes direct control of the powers and duties of a local board of health under G.S. 153A-77, does the county board of commissioners have authority to delegate any of the powers and duties to another board, commission, committee, council or any other agency? Some examples of powers and duties of a local board of health are: appointment termination of the local health director; supervisory authority over the activities of the local health director; rule-making authority to protect the public health; general policymaking authority and supervisory authority over the activities of the local health department; and adjudicatory authority in connection with appeals of local health department decisions.

3. If a county board of commissioners assumes the powers and duties of a local board of health and pursuant to G.S. 153A-77, is the county board of commissioners required to appoint a local health director?

4. If the answer to question 3 is yes, what are the powers and duties of the local health director?

Conclusions:

1. Although a board of commissioners may organize county government pursuant to G.S. 153A76, the section expressly prohibits the board from abolishing a department, such as the county health department, and assigning elsewhere its functions and duties. Therefore, a county health department may not be divided into two or more agencies.

2. Pursuant to G.S. 153A-77, a board of commissioners, in a county with a population in excess of 325,000, may assume all powers, responsibilities and duties of a county board of health. The board may exercise the power and authority after conducting a public hearing pursuant to 30 days’ notice. Although the board may appoint advisory groups, the statute does not authorize the delegation of the former power and authority of the county board of health to another agency.

3. The authority conferred by G.S. 153A-77 is limited to commissions, boards and agencies appointed by the board of commissioners or acting pursuant to its authority. The local health director is appointed by the county board of health and his authority is conferred by statute. See

G.S. 130-18 and 19. Furthermore, the authority of the board of commissioners to assume the power and responsibilities of agencies is limited by the statute to boards, such as health and social services, and similar agencies. The office of local health director is unaffected by G.S. 153A-77 and must be filled by the board of commissioners.

4. The local health director retains all the powers and duties conferred by G.S. 130-19 and the other provisions of G.S. Chapter 130.

Rufus L. Edmisten Attorney General

Robert R. Reilly Assistant Attorney General