Judges: James D. Cole, Assistant Attorney General
Filed Date: 7/5/1994
Status: Precedential
Modified Date: 7/5/2016
Requestor: Daniel F. Leary, Esq., First Deputy County Attorney County of Putnam 40 Gleneida Avenue Carmel, N Y 10512
Written by: James D. Cole, Assistant Attorney General in Charge of Opinions
You have asked whether a county through a charter provision may establish a composition of a county board of health that differs from the composition established by section
Under section 343, the board of health of a county or part-county health district consists of seven members:
"The board of health of a county or part-county health district shall consist of seven members, one of whom shall be a member of the board of supervisors, selected by the board of supervisors, and at least three of whom shall be physicians licensed to practice in the state of New York, and in addition thereto, each city which becomes a part of the county or part-county health district shall be entitled to one additional representative member on the board of health."
Your county charter provides for a board of health consisting of 11 members to be appointed by the county legislature in the manner and for the term provided in the Public Health Law. The board is to include the categories of representation specified in the Public Health Law and also the county executive or his or her designee and a member appointed primarily on the basis of known experience and interest in environmental matters.
The State Constitution authorizes counties to adopt, amend, or repeal alternative forms of county government, known as charters. N Y Const Art
We note that both local laws and charter laws must be consistent with provisions of State law, dealing with matters of State concern. Kelley vMcGee,
We conclude that a county may enact a charter provision establishing the membership of the board of health which differs from the composition established by State law.
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.