Board of Health

By-Laws

City-County Board of Health

Flathead County

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 is granted certain powers and duties that guide the operation of the City-County Health Department.  These specific functions, powers, and duties of local boards of health are set forth in Title 50, Chapter 2, MCA in the following words:

“50-2-116.  Powers and duties of local boards of health. (1) It is a purpose of this chapter to address ongoing issues or conditions created during a declared state of emergency as a result of orders, directives, or mandates issued by the governor as allowed under Title 10, chapter 3, for a state of emergency acting longer than 7 days. It is not a purpose of this chapter to hinder, slow, or remove nonemergency-related powers granted to a local board of health.

(2) In order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall:

(a)  recommend to the governing body the appointment of a local health officer who is:

(i) a physician;

(ii) a person with a master’s degree in public health; or

(iii) a person with equivalent education and experience, as determined by the department;

(b)  elect a presiding officer and other necessary officers;

(d)  adopt bylaws to govern meetings;

(e)  hold regular meetings at least quarterly and hold special meetings as necessary;

(f)  identify, assess, prevent, and ameliorate conditions of public health importance through:

(i) epidemiological tracking and investigation;

(ii) screening and testing;

(iii) isolation and quarantine measures;

(iv) diagnosis, treatment, and case management;

(v) abatement of public health nuisances;

(vi) inspections;

(vii) collecting and maintaining health information;

(viii) education and training of health professionals; or

(ix) other public health measures as allowed by law;

(g) protect the public from the introduction and spread of communicable disease or other conditions of public health importance, including through actions to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health;

(h)  supervise or make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the conditions;

(i) bring and pursue actions and issue orders necessary to abate, restrain, or prosecute the violation of public health laws, rules, and local regulations;

(j) identify to the department an administrative liaison for public health. The liaison must be the local health officer in jurisdictions that employ a full-time local health officer. In jurisdictions that do not employ a full-time local health officer, the liaison must be the highest ranking public health professional employed by the jurisdiction.

(k)  subject to the provisions of 50-2-130, propose for adoption by the local governing body necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances from 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.  If the local board of health regulates or permits water well drilling, the regulations must prohibit the drilling of a well if the well isolation zone, as defined in 76-4-102, encroaches onto adjacent private property without the authorization of the private property owner.

(3)  Local boards of health may:

(a)  with the governing bodies approval, accept and spend funds received from a federal agency, the state, a school district, or other persons or entities;

(b)  propose for adoption by the local governing body necessary fees to administer regulations for the control and disposal of sewage from private and public buildings and facilities;

(c)  propose for adoption by the local governing body regulations that do not conflict with rules adopted by the department:

(i)  for the control of communicable diseases;

(ii) for the removal of filth that might cause disease or adversely affect public health;

(iii) subject to the provisions of 50-2-130, for sanitation in public and private buildings and facilities that affects public health and for the maintenance of sewage treatment systems that do not discharge effluent directly into state water and that are not required to have an operating permit as required by rules adopted under 75-5-401;

(iv) subject to the provisions of 50-2-130 and Title 50, chapter 48, for tattooing and body-piercing establishments and that are not less stringent than state standards for tattooing and body-piercing establishments;

(v)  for the establishment of institutional controls that have been selected or approved by the:

(A)  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

(B) 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; and

(vi) to implement the public health laws; and

(d) promote cooperation and formal collaborative agreements between the local board of health and tribes, tribal organizations, and the Indian health service regarding public health planning, priority setting, information and data sharing, reporting, resource allocation, service delivery, jurisdiction, and other matters addressed in this title.

(4) A local board of health may provide, implement, facilitate, or encourage other public health services and functions as considered reasonable and necessary.”

(5) A directive, mandate, or order issued by a local board of health in response to a declaration of emergency or disaster by the governor as allowed in 10-3-302 and 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403:

(a) remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive, mandate, or order; and

(b) may not interfere with or otherwise limit, modify, or abridge a person’s physical attendance at or operation of a religious facility, church, synagogue, or other place of worship.

ARTICLE III – Membership

1. Membership of city-county boards of health as set forth in Title 50, Chapter 2-106, MCA, consists of:

   1. one ( 1) person appointed by the county commissioners who serves at their pleasure;

   2. 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;

   3. 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:

   1. A Flathead County Commissioner – designated by the county commissioners and serving at their pleasure.

   2. One member from each participating municipality of Kalispell, Columbia Falls, and Whitefish.

   3. At least five additional members appointed by the Flathead County Commissioners. It is recommended that at least one member of the Board shall be a medical doctor, nurse practitioner, or physicians’ assistant.

3. Terms of Membership and Vacancies

   1. Terms of appointed members to the City-County Board of Health shall be staggered and shall be for three (3) years each.

   2. Board members are expected to attend as many meetings as possible during a calendar year. Any member that attends less than 66% or 2/3rd of meetings scheduled during a 12-month period may lose their appointment to the Board by formal action of the Board of County Commissioners or municipal governing body, depending on the governing body making the appointment.

   3. 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 – Rule-Making and Fee-Setting Procedures

1. Adoption of new rules or modifications to existing rules shall be conducted by the Flathead County Board of Commissioners.

   1. The City-County Board of Health shall propose to the Board of Commissioners the rulemaking contemplated.

   2. The Board of Commissioners shall initiate the rulemaking process and appoint the City-County Board of Health to conduct the public hearing on the date and time specified in the Notice of Rulemaking.

   3. The City-County Board of Health shall conduct a public hearing and report the findings of the public hearing to the Board of Commissioners. The City-County Board of Health shall recommend adoption of the rule changes as proposed in the Notice, adopt with amendments proposed within the public hearing process, or to take no action on the rule amendment proposed.

2. Adoption of fees necessary to administer the rules and regulations of the Health Department shall be established by the Board of Commissioners.

   1. The City-County Board of Health shall propose to the Board of Commissioners fee amendments necessary to administer the regulation.

   2. The Board of Commissioners shall take action to amend fees at a properly noticed, regular meeting.

ARTICLE V – 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 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.

3. 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.

4. 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 VI – Meetings and Quorum

1. Regular meetings of the City-County Board of Health shall be held no less frequently than quarterly.

2. Special meetings of the City-County Board of Health may be held upon call of the Chairperson or any two board members.

3. A quorum for both regular and special meetings shall consist of a simple majority of members of the board.

ARTICLE VII – Financing

1. The financing of the City-County Board of Health will be as set out in Title 50, Chapter 2, 111 (2), MCA.

2. School boards and other official and non-official agencies may contribute funds to a local board.

ARTICLE VIII – 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 IX – 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 X – 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.

Modified: April 19, 2007

Article 2. Changes were made in the 2007 legislative session regarding the powers and duties of local boards of health.

Modified: November 18, 2021

Article 2. Changes were made to reflect changes to Title 50 during the 2021 legislative session. They include: New Section 1 that identifies emergency and nonemergency operations of local boards of health, changes to the appointment of the health officer, changes to the adoption process of local regulations, and changes to the processes associated with any order issued by a local board of health during a declared state of emergency.

Article 3. Changes were made to Section 2 to align with changes to the Interlocal Agreement to include Board of Health membership to the municipalities of Whitefish and Columbia Falls.

Article 4. This Section is added to identify changes to the rulemaking process required by changes to Title 50, Chapter 2 of the MCA.

Subsequent articles in the By-laws have been renumbered.