25-1-509. County and district public health directors.

Statute text

(1) (a) The director of each agency shall be the public health director.

(b) All other personnel required by an agency shall be selected by the public health director. All personnel shall perform duties as prescribed by the public health director.

(c) In the event of a public health emergency, the agency shall issue orders and adopt rules consistent with the laws and rules of the state as the public health director may deem necessary for the proper exercise of the powers and duties vested in or imposed upon the agency or county or district board.

(2) In addition to the other powers and duties conferred by this part 5 or by the agency, a public health director has the following powers and duties:

(a) To administer and enforce:

(I) The public health laws of the state and, as authorized by the provisions of this title or article 20 of title 30, C.R.S., the public health orders, rules, and standards of the state department or the state board; and

(II) The orders and rules of the county or district board;

(b) To exercise all powers and duties conferred and imposed upon agencies not expressly delegated by the provisions of this part 5 to a county or district board;

(c) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of his or her powers and duties;

(d) To act as the local registrar of vital statistics or to contract out the responsibility of registrar in the area over which the agency has jurisdiction;

(e) To direct the resources needed to carry out the county or district public health plan developed pursuant to section 25-1-505; and

(f) If requested by the county or district board, to serve as secretary to the board responsible for maintaining all records required by part 2 of article 72 of title 24, C.R.S., and ensuring public notice of all meetings in accordance with part 4 of article 6 of title 24, C.R.S. The director shall be the custodian of all properties and records for the agency.

History

Source: L. 2008: Entire part R&RE, p. 2043, 1, effective July 1.

Annotations

Editor's note: This section is similar to former 25-1-505 (3) and 25-1-508 as they existed prior to 2008.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 25-1-509 is similar to 25-1-505 and 25-1-508 as they existed prior to the 2008 repeal and reenactment of this part 5, a relevant case construing those provisions has been included in the annotations to this section.

County personnel rules do not override statutory authority. County personnel rules, even though adopted by the county board of health, do not override the explicit statutory authority of the board to discharge a public health officer appointed by the board at any time without cause or formal procedure. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).

A county board of health, as a political subdivision of the state, may not by rule or regulation abdicate the authority and responsibility delegated to it by the general assembly. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).

Board may not discharge employee in retaliation for exercise of free speech rights. Even though a public health officer is subject to discharge at the pleasure of the board, this does not mean that the board's discretion is limitless. It is well established that even where a government employer may discharge an employee for no reason whatsoever, it nevertheless may not discharge that employee in retaliation for the exercise of his free speech rights. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).

Even with the enhanced potential for negative impact which the public statements of a policymaking employee may bear on the efficiency of governmental functions, the policymaking employee may nonetheless demonstrate that the interest in allowing free commentary on a matter of public concern overrides any governmental interest. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).

Resignation prompted by threat of dismissal is equivalent of refusal to rehire. A resignation precipitated by the threat of dismissal is the substantive equivalent of a refusal to rehire by the board. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).