Is anyone out there interested in facts? including the media and the commissioners…. Have any of you bothered to look into the state law regarding the boards of health in NC? Since no one seems to want to do any leg work to find the real truth, I’ll make it easy for you…. These rules are not made by the county commissioners, even though they (commissioners) would like to, they are made by the State of NC. Enlighten yourself and read the entire section of 130A regarding the Public Health, the section below is simply covering appointment and terms, which seems to be the subject du jour….
NC General Statute
§ 130A‑35. County board of health; appointment; terms.
(a) A county board of health shall be the policy‑making, rule‑making and adjudicatory body for a county health department.
(b) The members of a county board of health shall be appointed by the county board of commissioners. The board shall be composed of 11 members. The composition of the board shall reasonably reflect the population makeup of the county and shall include: one physician licensed to practice medicine in this State, one licensed dentist, one licensed optometrist, one licensed veterinarian, one registered nurse, one licensed pharmacist, one county commissioner, one professional engineer, and three representatives of the general public. Except as otherwise provided in this section, all members shall be residents of the county. If there is not a licensed physician, a licensed dentist, a licensed veterinarian, a registered nurse, a licensed pharmacist, or a professional engineer available for appointment, an additional representative of the general public shall be appointed. If however, one of the designated professions has only one person residing in the county, the county commissioners shall have the option of appointing that person or a member of the general public. In the event a licensed optometrist who is a resident of the county is not available for appointment, then the county commissioners shall have the option of appointing either a licensed optometrist who is a resident of another county or a member of the general public.
(c) Except as provided in this subsection, members of a county board of health shall serve three‑year terms. No member may serve more than three consecutive three‑year terms unless the member is the only person residing in the county who represents one of the professions designated in subsection (b) of this section. The county commissioner member shall serve only as long as the member is a county commissioner. When a representative of the general public is appointed due to the unavailability of a licensed physician, a licensed dentist, a resident licensed optometrist or a nonresident licensed optometrist as authorized by subsection (b) of this section, a licensed veterinarian, a registered nurse, a licensed pharmacist, or a professional engineer, that member shall serve only until a licensed physician, a licensed dentist, a licensed resident or nonresident optometrist, a licensed veterinarian, a registered nurse, a licensed pharmacist, or a professional engineer becomes available for appointment. In order to establish a uniform staggered term structure for the board, a member may be appointed for less than a three‑year term.
(d) Vacancies shall be filled for any unexpired portion of a term.
(e) A chairperson shall be elected annually by a county board of health. The local health director shall serve as secretary to the board.
(f) A majority of the members shall constitute a quorum.
(g) A member may be removed from office by the county board of commissioners for:
(1) Commission of a felony or other crime involving moral turpitude;
(2) Violation of a State law governing conflict of interest;
(3) Violation of a written policy adopted by the county board of commissioners;
(4) Habitual failure to attend meetings;
(5) Conduct that tends to bring the office into disrepute; or
(6) Failure to maintain qualifications for appointment required under subsection (b) of this section.
A board member may be removed only after the member has been given written notice of the basis for removal and has had the opportunity to respond.
(h) A member may receive a per diem in an amount established by the county board of commissioners. Reimbursement for subsistence and travel shall be in accordance with a policy set by the county board of commissioners.
(i) The board shall meet at least quarterly. The chairperson or three of the members may call a special meeting.
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