May the board of county commissioners eliminate the office of local health director?

No. 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 the appointment of 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 consent of the consolidated human services board.[4] The consolidated human services director must then appoint an individual who meets the statutory education and experience requirements for a local health director (see question 4). By statute, the consolidated human services director acquires the powers and duties of a local health director.[5] He or she may exercise those powers and duties directly or may delegate most of them to the appointee who meets health director qualifications, or to other agency employees.

 

[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)  county or district board of health shall appoint a local health director); 130A-45.4 (public health authority board shall appoint a public health authority director); 153A-77(e) (county manager shall appoint a consolidated human services director with the advice and consent of the consolidated human services board).

[4] G.S. 153A-77(e).

[5] G.S. 130A-43(c).

Public Officials - Local and State Government Roles
Topics - Local and State Government