May the board of county commissioners eliminate the office of local health director?
A state law prohibits county commissioners from abolishing an office established or required by law.[1] State laws establish the office of local health director[2] and require local boards of health to appoint an individual to serve in that role.[3]
In one type of public health agency – a consolidated human services agency – some or all of the responsibilities of the local health director may be assumed by other individuals. If a county creates a consolidated human services agency, the county manager must appoint a consolidated human services director with the advice and consent of the consolidated human services board.[4] The consolidated human services director is required by law to carry out most of the powers and duties of a local health director.[5] He or she may exercise those powers and duties directly or may delegate them to another agency employee.
[1]G.S. 153A-76 (prohibiting a board of county commissioners from abolishing an office established or required by law); see also 52 Op. Atty Gen. 44 (1982) (concluding that the office of local health director is unaffected by G.S. 153A-77(a) and must be filled by a board of commissioners acting as a board of health under that provision).
[2]G.S. 130A-40 (establishing the office of local health director for a county or district health department); 130A-45.4 (establishing the office of public health authority director for a public health authority); 153A-77(b)(1) (establishing the office of human services director for a county with a consolidated human services agency).
[3]G.S. 130A-40(a) (“A local board of health … shall appoint a local health director); 130A-45.4 (“A public health authority board … shall appoint a public health authority director”).
[4]G.S. 153A-77(e).
[5]G.S. 130A-43(c).
