October 8, 1998
Hal G. Harrison Mitchell County Attorney
P.O. Box 248 410 Oak Street Spruce Pine, North Carolina 28777
RE: Advisory Opinion; NCGS 130A-37; County Commissioner; District Board of Health
Dear Mr. Harrison:
In your letter dated August 28, 1998, you ask for our opinion concerning whether a county commissioner member of a district board of health may serve more than three consecutive threeyear terms on the board. It is our opinion that the three term limitation applicable to other district board of health members does not apply to the county commissioner members.
NCGS §130A-37 creates district boards of health to serve as the policy-making, rule-making and adjudicatory bodies for district health departments. District boards of health have from 15 to 18 members, including a county commissioner from each county in the district. The county commissioner members of the board appoint the other members of the board, seven of whom must fill designated professional categories that include physicians, dentists, optometrists, veterinarians, nurses, pharmacists and engineers.
Your question involves the interpretation of NCGS §130A-37(c), which reads in relevant part: "Except as provided in this subsection, members of a district board of health shall serve terms of three years … No member shall serve more than three consecutive three-year terms unless the member is the only person residing in the district who represents one of the professions designated in subsection (b) of this section. County commissioner members shall serve only as long as the member is a county commissioner …"
This provision clearly acknowledges the unique status of county commissioner members of district boards of health, who are not appointed like the other board members and who have additional duties–to represent their boards of county commissioners and to appoint the other members of the board. The requirement that they may serve only as long as they are county commissioners is an exception to the general rule concerning board members’ terms and in our opinion is the only statutory limitation on the terms of county commissioners serving as members of county boards of health.
signed by:
Ann Reed Senior Deputy Attorney General
Mabel Y. Bullock
Special Deputy Attorney General