(A) Establishment of Department. The city shall have a full- time Health Department ("Department"). The Department shall operate as an agency of the city, administratively responsible to the Mayor.
(B) Establishment of Board of Health.
(1) The Department shall be managed by a Board of Health ("Board") consisting of seven members appointed by the Mayor, not more than four of whom belong to the same political party. At least three of the members must be licensed physicians. At least one of the members must be a licensed veterinarian. The initial members of the Board shall be appointed as follows:
(a) One shall serve for a period of two years;
(b) Two shall serve for a period of three years; and
(c) Four shall serve for a term of four years.
(2) At the expiration of the respective, initial terms, future appointments shall be made for four years. Vacancies shall be filled in accordance with IC 16-20-4-8. An individual who has a vested interest or may gain financially from any activity of the Department or policy decision of the Board is ineligible to serve on the Board.
(C) Board elections and meetings. After appointment, the Board shall immediately meet and organize by electing a chairman, vice chairman, and other officers the Board considers necessary. The Board shall hold a meeting in January of each year, at which meeting officers shall be elected for the following calendar year. The Board shall hold regular meetings quarterly in January, April, July, and October. The Board may hold special meetings upon:
(1) Written request signed by three members and filed with the local Health Officer; or
(2) Request of the Health Officer.
(D) Procedural rules. The Board may adopt procedural rules for the Board's guidance and as are necessary or desirable to protect, promote, or improve public health or to control disease not inconsistent with state statutes and rules of the State Department.
(E) Powers and duties of the Board. The Board has the following powers and duties:
(1) Take any action authorized by state statute or rule of the State Department to control communicable diseases;
(2) Make sanitary and health inspections necessary to carry out the purposes of IC 16-20-4;
(3) Investigate the existence of any contagious or infectious disease;
(4) Adopt measures, not inconsistent with the rules of the State Department, to arrest the progress of contagious or infectious disease;
(5) Make all necessary sanitary and health investigations and inspections;
(6) Enter into contracts for the provision of health services within the Board's jurisdiction in accordance with IC 16-20-1-8;
(7) Contract or purchase planning services considered essential to the development of an effective community health program in accordance with IC 16-20-1-8;
(8) Confirm the appointment of professional employees who meet the qualification requirements of the Board for the respective professional employee positions;
(9) Provide reports of Department activities to the State Department in accordance with State Department rules;
(10) Enforce the Board's or officer's orders, citations, and administrative notices by an action in the circuit or superior court in accordance with IC16-20-1-26;
(11) With the approval of the Mayor, establish and collect fees for specific services and records established by local ordinances and state law; however, fees may not exceed the cost of services provided. The fees shall be accounted for and transferred to the Health Fund of the taxing jurisdiction; and
(12) All other powers and duties as provided by Indiana law.
(F) Officers and employees of the Department. The Board shall prescribe the duties of all officers and employees of the Department. The Board shall authorize payment of salaries and all other Department expenses from the proper fund.
(G) Health Officer.
(1) In accordance with IC 16-20-4-20, as amended, the Board shall appoint a Health Officer who meets the requirements set forth in IC 16-20-1-9.5, as amended. The appointment is subject to the approval of the City Council. The Health Officer is the executive officer for the Department and shall serve as secretary of the Board. The Health Officer must be a citizen of the United States. If the Department wants to employ a Health Officer who is not a physician, but meets the requirements of IC 16-20-1-9.5(a)(2), as amended, the Department must do the following:
(a) Obtain the approval of the Mayor.
(b) Upon obtaining the approval under division (G)(1)(a), submit a request to the executive board of the state department for approval to employ the individual. The request must detail how the city plans to ensure the appropriate clinical oversight for any provided medical services. The executive board of the state department shall determine whether to approve a request based on the needs of the requesting city and the qualifications of the individual.
(2) A Health Officer may be appointed to serve simultaneously more than one local board of health.
(3) A Health Officer serves a term of four years unless removed for cause as provided in IC 16-20 et seq. The Health Officer shall have all powers and duties as prescribed by IC 16-20 et seq.
(H) Budget and appropriations. The Board shall submit an annual budget to the City Council for approval of the annual budget at the regular time for consideration of annual budgets. The City Council shall annually make the necessary appropriation for expenses of the Department even though the appropriation may exceed existing limitations. However, the tax may not exceed one mill on each dollar of assessed valuation of taxable property in addition to other health appropriations. An appropriation may be made, as emergency appropriations are made, to provide for the expenses of the operation of the Department, until appropriations are made available by the next regular annual budget after the Department has been authorized.
(I) Annual report. The Board shall publish in pamphlet form, within 90 days after January 1, for free distribution, an annual report for the previous year showing the following:
(1) The amount of money received from all sources;
(2) The name of any donor;
(3) How all money has been expended and for what purposes;
(4) Other statistics and information concerning the work of the Department that the Board considers to be of general interest.
(Res. 042420, passed 4-24-20; Am. Ord. 071524A, passed 7-15-24)
Cross reference:
Communicable disease, see Ch. 173
Fees, see Ch. 180
Public and semi-public pool and spa operations, see Ch. 171
Residential on-site sewage systems, see Ch. 172
Retail food establishments, see Ch. 170