City-County Board of Health
ARTICLE I – Name
The name of this organization shall be the Flathead City-County Board of Health.
ARTICLE II – Object
The City-County Board of Health shall exercise general supervision over the City-County Health Department. Specific functions, powers, and duties of local boards of health are set forth in Title 50, Chapter 2, MCA in the following words:
1. Local boards shall:
•a. appoint a local health officer who is a physician or a person with a master’s degree in public health or equivalent and appropriate experience as determined by the department and fix their salary;
•b. elect a chairperson and other necessary officers:
•c. employ necessary qualified staff;
d. adopt by-laws to govern meetings;
e. hold regular meetings quarterly, and hold special meetings as necessary.
f. supervise destruction and removal of all sources of filth which cause disease;
g. guard against the introduction of communicable disease;
h. supervise inspection of public establishments for sanitary conditions;
i. subject to the provisions of 50-2-130, adopt necessary regulations that are not less stringent than the state standards for the control and disposal of sewage from private and public buildings that is not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances to the minimum requirements that are identical to standards promulgated by the board of environmental review and must provide for appeal of variance decisions to the department as required by 75-5-305.
2. Local boards may;
a. quarantine persons who have communicable diseases;
b. require isolation of persons or things which are infected with communicable diseases;
c. furnish treatment for persons who have communicable diseases;
d. prohibit the use of places which are infected with communicable disease;
e. require and provide means for disinfecting places which are infected with communicable diseases;
f. accept and spend funds received from a federal agency, the state, a school district or other persons;
g. contract with another local board for all, or part of, local health services;
h. reimburse local health officers for necessary expenses incurred in official duties;
i. abate nuisances affecting public health and safety or bring action necessary to restrain the violation of public. health laws or rules;
j. adopt necessary regulations and fees for the control and disposal of sewage from private and public buildings not currently connected to any municipal system (fees shall be deposited with the county treasurer);
k. adopt rules which do not conflict with rules adopted by the Department and Board of Environmental Review;
i. for the control of communicable diseases;
ii. for the removal of filth which might cause disease or adversely affect public health;
iii. on sanitation in public buildings which affects public health;
• for heating, ventilation, water supply and waste disposal in public accommodations which might endanger human lives.”
• subject to the provisions of 50-2-130, for the maintenance of sewage treatment systems that do not discharge an effluent directly into state waters and that are not required to have an operating permit as required by rules adopted under 75-5-401; and
• for the regulation, as necessary, of the practice of tattooing, which may include registering tattoo artists, inspecting tattoo establishments, adopting fees, and also adopting sanitation standards that are not less stringent than standards adopted by the Montana Department of Public Health and Human Services pursuant to 50-1-202.
(l) Adopt regulations for the establishment of institutional controls that have been selected or approved by the:
(i) United States environmental protection agency as part of a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.; or
(ii) Department of Environmental Quality as part of a remedy for a facility under the Montana Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7.
ARTICLE III – Membership
1. Membership of city-county boards of health as set forth in Title 50, Chapter 2-106, MCA, consists of:
a. one ( 1) person appointed by the county commissioners who serves at their pleasure;
b. one (1) person appointed by the governing body of each city that participates in the city-county board who serves at the pleasure of the appointing governing body;
c. additional members appointed by the county commissioners and the governing body or bodies of the city or cities participating in the city-county board as mutually agreed upon, who serve at the pleasure of the appointing commissioners or governing body. The board shall be composed of at least five persons.
2. Membership of the City-County Board of Health based on the Interlocal Agreement shall consist of the following:
a. A Flathead County Commissioner – designated by the county commissioners and serving at their pleasure.
b. The mayor of the City of Kalispell, or his/her representative
c. At least five additional members to be appointed by the Flathead County Commissioners. These additional members are to represent population centers in the county that are not entitled to representation by statute. It is recommended that at least one member of the Board shall be a medical doctor, nurse practitioner, or physicians’ assistant.
• Terms of appointed members to the City-County Board of Health shall be staggered and shall be for three (3) years each.
e. Any member failing to attend 66% of the meetings per annum may be required to relinquish his/her appointment.
f. Vacancies which occur on the City-County Board of Health by reason of death or resignation or for other reasons, shall be filled for the unexpired term of the vacated member and appointments to fill said vacancies shall be made as hereinbefore specified.
ARTICLE IV – Officers
1. At the first regular meeting of the City-County Board of Health following the first day of January each year, said Board shall organize by electing a Chairperson, a Vice Chairperson, and such other officers as it may deem best and advisable.
2. The Health Officer employed by the City-County Board of Health shall not be a member of said board but shall act personally or through his/her representative as its secretary and shall perform his/her duties as such secretary as required by the City-County Board of Health.
• In the event of vacancy of the board member elected Chairperson due to death or resignation or for other reasons, the Vice-Chairperson shall act as Chairperson and a new Vice-Chairperson shall be elected. Both shall serve until the next regular election of officers.
• In the event of vacancy of both the Chairperson and Vice Chairperson due to death or resignation or for other reasons, the remaining board members shall elect an Acting Chairperson who will function until the first regular meeting after all new board members have been appointed. At that time the board shall reorganize by electing a Chairperson and a Vice-Chairperson.
ARTICLE V – Meetings and Quorum
1. Regular meetings of the City-County Board of Health shall be held no less frequently than quarterly.
• Special meetings of the City-County Board of Health may be held upon call of the Chairperson or any two board members.
• A quorum for both regular and special meetings shall consist of a simple majority of members of the board.
ARTICLE VI – Financing
1. The financing of the City-County Board of Health will be as set out in Title 50, Chapter 2, 111 (2) , MCA.
• School boards and other official and non-official agencies may contribute funds to a local board.
ARTICLE VII – Board Member Reimbursement
Board members may not be compensated for their time but may be reimbursed from local funds for transportation and actual expenses up to but not exceeding state transportation reimbursements and allowable expenses incurred in attending Board of Health meeting or other Board related activities.
ARTICLE VIII – Parliamentary Authority
The rules contained in “Roberts Rules of Order Revised” shall govern the City-County Board of Health for all matters not covered in these By-Laws.
ARTICLE IX – Amendments
These By-Laws may be amended at any regular meeting of the City- County Board of Health by a majority vote, notice having been given at the previous regular meeting.
Adopted by the Flathead City-County Board of Health May 21, 1987
Modified: December 21, 2000
Article 2, 1., i . Changed to reflect the change to Title 50, Chapter 2, Powers and Duties of Local Boards of Health.
Article 2, 2., k. Changed to reflect the change to Title 50, Chapter 2, Powers and Duties of Local Boards of Health. The Board of Health and Environmental Sciences is now the Board of Environmental Review.
Article 2, 2., k. v., and vi. Added to reflect the change to Title 50, Chapter 2, Powers and Duties of Local Boards of Health.
Article 2, 2., l. Added to reflect the change to Title 50, Chapter 2, Powers and Duties of Local Boards of Health.
Article 6., 1 . Modified to reflect current financing practices as set forth by mutual agreement of the Board of Health and the Board of County Commissioners. The funds are derived from a countywide levy that does not include Kalispell. Kalispell makes a separate contribution at equal millage to that levied by the County.
Modified: April 17, 2003
Article 3, 2., c. The Board believes that a Medical Doctor or mid-level provider serving on the Board is of benefit.
New Section regarding Board member reimbursement is added a numbered Article 7. Article 7 is renumbered as Article 8 and Article 8 is renumbered as Article 9.