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Ask the Experts

This page is devoted to sharing information about challenging or unique Public Health topics.  Local Boards of Health members, Health Department Directors, and Health Department Staff are invited to submit a question or answers to questions that may benefit others.  Please email Merle Green to submit your questions or answers.

Disclaimer: The information, views and opinions expressed on this page are those of the authors and are published here for general informational purposes. In the rapidly evolving world of public health, therapeutics, and law, the accuracy of some information may be time-limited.  Readers should confirm all information and opinions before making decisions.

Q&A

Category

Legal

Ask an Expert:  Who is the official Chair for the different governance models of Boards of Health (BOHs) in North Carolina?

 

 

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All “traditional” boards of health (county BOHs, district BOHs, and hospital authority BOHs) are required by state statute to elect a chair on an annual basis. The BOH must have a quorum of BOH members in order to elect a chair and only BOH members can vote (the county manager, for example, would not get to vote). Anyone on the BOH can be elected by their BOH colleagues to serve as chair. Additionally, some BOHs elect a vice-chair who can step in if the chair isn’t available for some reason- but having a vice-chair is entirely optional and is not required by state law. For consolidated human services agencies, the county government has chosen to bring social services and at least one other human services agency (often, but not always, public health), under one roof- thereby collapsing them into a single county agency. The governing board that is then created mirrors this setup and instead of having a separate BOH and DSS boards, you’d have a single consolidated human services (CHS) board that includes representatives from the DSS and public health worlds, as well as members of the public. Under state law, the CHS board, just like a “traditional” BOH, must elect a chair every year- and the chair could be anyone on the CHS board who is properly elected by a majority of their fellow CHS board members at a meeting of the CHS board where there is a quorum present. Finally, there’s the question of who is considered the “chair” if the board of county commissioners (BOCC) dissolves the “traditional” BOH or the CHS board and takes on their functions. It sounds like in some counties where the BOCC serves as the board of health (or the CHS board, in the case of a county with a consolidated human services agency), the perception is that the BOCC’s role as the BOH is separate from the existence/other work of the BOCC. For example, it sounds like in some counties, the BOCC adjourns and then reconvenes (essentially holding an entirely separate meeting) to take up any public health related matters. When the BOCC serves as the BOH (or the CHS board), the “chair” is the same person who was elected to serve as chair of the BOCC under G.S. 153A-39. There is no legal basis for electing a different chair who takes over the gavel only when the BOCC takes up public health related matters. Finally, when the BOCC serves as the BOH, they are required to appoint an advisory committee on public health. There is no law directing the advisory committee to elect a chair, though they could certainly do so. Because the advisory committee is solely advisory in nature, the duties and powers of the chair of the advisory committee would be limited to things like scheduling the advisory committee meetings, and running those meetings. ​All “traditional” boards of health (county BOHs, district BOHs, and hospital authority BOHs) are required by state statute to elect a chair on an annual basis. The BOH must have a quorum of BOH members in order to elect a chair and only BOH members can vote (the county manager, for example, would not get to vote). Anyone on the BOH can be elected by their BOH colleagues to serve as chair. Additionally, some BOHs elect a vice-chair who can step in if the chair isn’t available for some reason- but having a vice-chair is entirely optional and is not required by state law. For consolidated human services agencies, the county government has chosen to bring social services and at least one other human services agency (often, but not always, public health), under one roof- thereby collapsing them into a single county agency. The governing board that is then created mirrors this setup and instead of having a separate BOH and DSS boards, you’d have a single consolidated human services (CHS) board that includes representatives from the DSS and public health worlds, as well as members of the public. Under state law, the CHS board, just like a “traditional” BOH, must elect a chair every year- and the chair could be anyone on the CHS board who is properly elected by a majority of their fellow CHS board members at a meeting of the CHS board where there is a quorum present. Finally, there’s the question of who is considered the “chair” if the board of county commissioners (BOCC) dissolves the “traditional” BOH or the CHS board and takes on their functions. It sounds like in some counties where the BOCC serves as the board of health (or the CHS board, in the case of a county with a consolidated human services agency), the perception is that the BOCC’s role as the BOH is separate from the existence/other work of the BOCC. For example, it sounds like in some counties, the BOCC adjourns and then reconvenes (essentially holding an entirely separate meeting) to take up any public health related matters. When the BOCC serves as the BOH (or the CHS board), the “chair” is the same person who was elected to serve as chair of the BOCC under G.S. 153A-39. There is no legal basis for electing a different chair who takes over the gavel only when the BOCC takes up public health related matters. Finally, when the BOCC serves as the BOH, they are required to appoint an advisory committee on public health. There is no law directing the advisory committee to elect a chair, though they could certainly do so. Because the advisory committee is solely advisory in nature, the duties and powers of the chair of the advisory committee would be limited to things like scheduling the advisory committee meetings, and running those meetings. If additional information is desired, please contact Kirsten Leloudis, JD at the School of Government at UNC Chapel Hill. Email - kirsten@sog.unc.edu. Note: Answered for the ANCBH BOH Chair Network Working Group on February 3, 2024

Ask an Expert:  Does the County Commissioner on the BOH have full voting rights on matters being considered by the board.  The board will be sending a recommendation regarding a specific issue to the BOCC for their vote.  The question is whether the BOCC member must abstain from voting on the BOH due to the fact that the BOCC will address the same issue at their next meeting?

This question is about the role of the county commissioner who also sits ex officio on the board of health. A county commissioner can vote to take action on a recommendation that the board of health (which includes that same county commissioner) made to the commissioners. The fact that the county commissioner serves on both the board of health and board of commissioners does not create a conflict that would require the commissioner to recuse themselves from voting on the recommendation in this situation. For consolidated human services agencies, the county government has chosen to bring social services and at least one other human services agency (often, but not always, public health), under one roof- thereby collapsing them into a single county agency. The governing board that is then created mirrors this setup and instead of having a separate BOH and DSS boards, you’d have a single consolidated human services (CHS) board that includes representatives from the DSS and public health worlds, as well as members of the public. Under state law, the CHS board, just like a “traditional” BOH, must elect a chair every year- and the chair could be anyone on the CHS board who is properly elected by a majority of their fellow CHS board members at a meeting of the CHS board where there is a quorum present. If additional information is desired, please contact Kirsten Leloudis, JD at the School of Government at UNC Chapel Hill. Email - kirsten@sog.unc.edu. Note: Answered September 2024

Can Board of Health members use virtual meeting platforms such as Zoom or Teams for attending board meetings or when discussing budget amendments?  Has there been any specific guidance from the state on this issue?

Generally, remote meetings held through virtual platforms like Zoom or Teams or over the phone are allowed under NC law. However, you may want to check your board of health policies and other local policies to ensure they don’t prohibit these types of meetings. A meeting that you hold in this manner also needs to be noticed (just like any other board of health meeting) in accordance with NC open meeting laws. If the board holds a meeting using teleconference or other electronic means, the open meetings law requires the board to provide “a location and means whereby members of the public may listen to the meeting.” The board must specify that location information in the notice of the board meeting. At a minimum, this means the board must provide an online meeting link or teleconference information to the public in advance of the meeting. The open meetings law does not require the board to provide any way for members of the public to speak to or communicate with the board during a remote meeting. In other words, members of the public must be able to hear the board meeting, but the board does not have to provide a method for the public to contribute to the board meeting. However, a board may want to provide a way for members of the public to speak during remote meetings if the board has decided (in its own rules of procedure) to routinely allow public comment periods during its meetings. If in your county the Board of County Commissioners (BOCC) serves as the board of health, then there’s one additional wrinkle that’s important to be aware of and that comes from a recent Court of Appeals decision in State of North Carolina v. Anson County. In the past, it was unclear whether or not members of a BOCC who join an official meeting remotely can be counted towards the board’s quorum for the purpose of the board being able to take official action. However, this past summer, the Court of Appeals addressed this question head on and determined that members who join remotely can’t be counted towards the quorum - which means that if your entire meeting is held virtually (rather than in-person), then there’s no quorum, which could inhibit the board from taking official action. This case clearly applies to situations where the BOCC serves as the board of health. Appointed boards of health do not appear to be directly impacted by the court’s decision, it is possible that the court could apply similar analysis to future cases involving a board of health. Kristina Wilson, Assistant Professor of Public Law and Government, UNC School of Government has written about this decision and its implications here: https://canons.sog.unc.edu/2024/08/the-court-of-appeals-addresses-emergency-meetings-and-remote-quorum/. One suggestion she makes is that a BOCC could try to ensure that at least enough members to constitute a quorum show up to the meeting in person so that the board can feel more secure about being able to take official action. (Other members could join remotely, but just wouldn’t be counted towards the quorum). In special situations, your board may also have a workaround for this entire issue: the Court of Appeals specified that board members who aren’t physically present at the meeting but join remotely can be counted towards the quorum if the meeting is being held during a state of emergency declared by the legislature or the governor. If the BOCC (acting as the board of health) does hold entirely remote meetings during the state of emergency, you also need to ensure that you meet the requirements set out at G.S. 166A-19.24 (e.g., if someone is joining by phone rather than video call, they need to announce their name anytime they speak or vote). If additional information is desired, please contact Kirsten E. Leloudis, JD at the School of Government at UNC Chapel Hill. Email - kirsten@sog.unc.edu Note: Answered for the ANCBH BOH Governance Network. Revisions posted December 11, 2024

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