CITY RESOLUTION NO. 6878
COUNTY RESOLUTION NO. _____
A JOINT RESOLUTION OF THE CITY OF LAWRENCE, KANSAS AND THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS; AMENDING JOINT RESOLUTION NO. 1957 AND REPEALING JOINT RESOLUTION (COUNTY RESOLUTION NO. 86-26 AND CITY RESOLUTION NO. 4957), CHANGING THE NUMBER OF MEMBERS OF THE LAWRENCE-DOUGLAS COUNTY HEALTH BOARD AND MAKING OTHER MISCELANEOUS CHANGES
WHEREAS, in 1951 the governing bodies of Douglas County, Kansas and the City of Lawrence, Kansas adopted Joint Resolution No. 1957, establishing a joint health board, known as the Lawrence-Douglas County Health Board;
WHEREAS, in 1986 the governing bodies of Douglas County, Kansas and the City of Lawrence, Kansas adopted a Joint Resolution (County Resolution No. 86-26 and City Resolution No. 4957), amending the number and make-up and duties of the Lawrence-Douglas County Health Board;
WHEREAS, the governing bodies of Douglas County, Kansas and the City of Lawrence, Kansas desire to further amend the number and make-up and duties of the Lawrence-Douglas County Health Board as provided in this Resolution.
NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS; AND THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS AS FOLLOWS:
Section One. Recitals. The above recitals are incorporated by reference as if fully set forth herein and shall be as effective as if repeated verbatim.
Section Two. Health Board Make-Up. From and after the effective date of this Resolution, Section II of Joint Resolution No. 1957, as most recently amended by Section 1 of Joint Resolution (County Resolution No. 86-26 and City Resolution No. 4957), shall read as follows:
SECTION II
The joint Lawrence-Douglas County Health Board (referred to in Joint Resolution No. 1957 as “The Board” and in this Resolution as the “Health Board” both of which are one in the same) shall consist of seven voting members and ex officio members as follows:
1. The governing body of Douglas County, Kansas shall appoint three voting members, the governing body of the City of Lawrence, Kansas shall appoint three voting members, and the two governing bodies shall jointly appoint one voting member.
2. The Chancellor of the University of Kansas shall appoint one ex officio member, without voting powers.
3. The Director of the Lawrence-Douglas County Health Department (the “Health Department”) shall serve as Secretary of the Health Board and shall be an ex-officio member of the Health Board, without voting powers.
4. The voting members of the Health Board may appoint additional ex-officio members of the Health Board, without voting powers, with such experience and background as the Health Board determines appropriate to provide helpful and desirable input and guidance to the Health Board. The Health board shall set the initial terms of ex officio members appointed pursuant to this paragraph so as to stagger the expiration of their initial terms.
5. Four voting members of the Health Board shall constitute a quorum.
6. Members of the Health Board shall have a term of office of three years, and any vacancy on the Health Board shall be filled by appointment of the same body that appointed the vacated member.
7. No appointed voting member of the Health Board may serve more than two consecutive three-year terms.
Section Three. Terms of New Members. Notwithstanding the provisions of general three-year term of members of the Heath Board, the initial terms of the two new voting members added to the Health Board as a result of Section Two of this Resolution, one to be appointed by the governing body of Douglas County, Kansas and one to be appointed by the governing body of City of Lawrence, Kansas, shall be staggered so the term of appointment of both new members does not expire at the same time. As such, the initial term for the County’s newly appointed member shall be two years and the initial term for the City’s newly appointed member shall be four years; thereafter, terms shall be three years.
Section Four. Duties of The Health Board. From and after the effective date of this Resolution, Section III of Joint Resolution No. 1957, as most recently amended by Sections 2, 3, and 4 of Joint Resolution (County Resolution No. 86-26 and City Resolution No. 4957), shall read as follows:
SECTION III
In addition to other duties and obligations imposed by law or other joint resolution of the governing bodies of Douglas County, Kansas and the City of Lawrence, Kansas, the Health Board shall comply with the following:
1. The Health Board shall conduct regular monthly meetings and may conduct additional special meetings called and held in accordance with its Bylaws. The Health Board shall annually elect its officers from its voting membership as follows: Chair, Vice-Chair, and Treasurer, who shall each hold office for one year.
2. The Health Board shall annually adopt and forward to the governing bodies of Douglas County, Kansas and the City of Lawrence, Kansas the Health Board’s budget recommendations, with the budget recommendations being timely submitted according to dates and deadlines that the two governing bodies shall periodically provide the Health Board. The Health Board shall annually review the personnel policies established for the Health Department. The Treasurer shall receive and pay out all the monies allocated to the Health Board for public health by the two governing bodies. The Treasurer shall give bond to be approved by the two governing bodies for the safe-keeping and due disbursements of all funds that may come into the Treasurer’s hands by virtue of said office.
3. Responsibility for the approval of warrants for expenses of the Health Board for public health shall rest with the Health Board. All warrants shall be signed by the Treasurer of the Health Board and countersigned by the Chair of the Health Board. Each month the Health Board shall submit to the two governing bodies a statement of income and expenditures by the Health Board for the previous month.
4. The Health Board shall retain a Public Health Officer to serve as a consultant to the Director of the Health Department on programs and related medical and professional matters, and as authorized by applicable state law, local resolution and ordinances. The Public Health Officer shall have all education, qualifications, and licenses required by state law. When a vacancy occurs in the position of Public Health Officer, the Director of the Health Department, subject to the Health Board’s approval, shall hire a new Public Health Officer. The Public Health Officer shall have all education, qualifications, and licenses required by state law.
5. The Director of the Health Department shall be responsible for filling all other vacancies on the Health Department staff.
6. The Health Board shall be the governing body of the Health Department. The Health Board shall formulate and establish policies for operation of the Health Department, and shall review these policies annually. The Director of the Health Department shall be responsible for administration of the policies established by the Health Board.
Section Five. Repeal. Sections 1 through 5 of Joint Resolution (County Resolution No. 86-26 and City Resolution No. 4957), and all other joint resolutions inconsistent with this Resolution are repealed.
Section Six. Severability. If any section, clause, sentence, or phrase of this Joint Resolution is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this Joint Resolution.
Section Seven. Effective Date. This Resolution shall be in full force and effect upon its adoption by the governing bodies of Douglas County, Kansas and the City of Lawrence, Kansas.
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Adopted by the governing body of the City of Lawrence, Kansas this _____ day of _______, 2010.
APPROVED:
_______________________
Robert Chestnut, Mayor
ATTEST:
_______________________________________
Jonathan M. Douglass, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_______________________________________
Toni Ramirez Wheeler
Director of Legal Services
Adopted by the Board of County Commissioners of Douglas County, Kansas, this ___ day of ________, 2010.
Board of County Commissioners of Douglas County, Kansas
_______________________________
Nancy Thellman, Chair
_______________________________
Jim Flory, Commissioner
______________________________
Mike Gaughan, Commissioner
ATTEST:
__________________________________________
Jameson D. Shew, County Clerk