H-1610              _______________________________________________

                                            SUBSTITUTE HOUSE BILL NO. 94

                        _______________________________________________

                                                                            C 124 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Local Government (originally sponsored by Representatives Winsley, Ebersole, Gallagher, Smitherman, Wang, Walker, and Fisher)

Read first time 2/6/85 and passed to Committee on Rules.

AN ACT Relating to local health departments and officers; and amending RCW 70.08.010, 70.08.020, 70.08.030, and 70.08.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 46, Laws of 1949 and RCW 70.08.010 are each amended to read as follows:

          Any city with one hundred thousand or more population and the county in which it is located, are authorized, as shall be agreed upon between the respective governing bodies of such city and said county, to establish and operate a combined city and county health department, and to appoint the director of public health ((as hereinafter provided.  The combination of such city and county health department under this chapter shall be effective whenever the governing body of the city with one hundred thousand or more population shall pass an ordinance and the board of county commissioners of the county in which it is located shall pass a resolution declaring intention to operate a combined health department in accordance with agreements made between their respective governing bodies)).

        Sec. 2.  Section 2, chapter 46, Laws of 1949 and RCW 70.08.020 are each amended to read as follows:

          The director of public health is authorized to and shall exercise all powers and perform all duties by law vested in the ((county)) local health officer((, and is authorized to and shall exercise all powers and perform all duties by law vested in the health officer of said city of one hundred thousand population or more)).

        Sec. 3.  Section 3, chapter 46, Laws of 1949 as amended by section 3, chapter 25, Laws of 1984 and RCW 70.08.030 are each amended to read as follows:

Notwithstanding any provisions to the contrary contained in any city or county charter, the director of public health, under this chapter shall meet as a minimum one of the following standards of educational achievement and vocational experience to be qualified for appointment to the office:

          (1) Bachelor's degree in business administration, public administration, hospital administration, management, nursing, environmental health, epidemiology, public health, or its equivalent and five years of experience in administration in a community-related field; or

          (2) A graduate degree in any of the fields listed in subsection (1) of this section, or in medicine or osteopathy, plus three years of administrative experience in a community-related field.

          The director shall not engage in the private practice of the director's profession during such tenure of office and shall not be included in the classified civil service of the said city or the said county.

          If the director of public health does not meet the qualifications of a health officer or a physician under RCW 70.05.050, the director shall employ a person so qualified to advise the director on medical or public health matters.

        Sec. 4.  Section 4, chapter 46, Laws of 1949 as amended by section 1, chapter 57, Laws of 1980 and RCW 70.08.040 are each amended to read as follows:

          (((1) Except as provided in subsection (2) of this section, the director of public health under this chapter shall be appointed by the mayor of the city of one hundred thousand population or more, such appointment to be effective only upon a majority vote confirmation of each legislative authority of said city and said county.  He shall be paid such salary and allowed such expenses as shall be determined annually by the legislative authorities of said city and said county.  He shall hold office for an indefinite term and may be removed at any time by the mayor of said city only for cause shown and after public hearing on charges reduced to writing, a copy of such charges having first been filed ten days prior to such public hearing with the legislative authorities of said city and of said county.

          (2))) Notwithstanding any provisions to the contrary contained in any city or county charter, where a combined department is established under this chapter ((involving a city with a population of four hundred thousand or more and a class AA county in which such city is located)), the director of public health under this chapter shall be appointed by the county executive of the county and the mayor of the city for a term of four years and until a successor is appointed and confirmed.  The director of public health may be reappointed by the county executive of the county and the mayor of the city for additional four year terms.  The appointment shall be effective only upon a majority vote confirmation of the legislative authority of the county and the legislative authority of the city.  The director may be removed by the county executive of the county, after consultation with the mayor of the city, upon filing a statement of reasons therefor with the legislative authorities of the county and the city.

                                                                                                                      Passed the House February 18, 1985.

                                                                                                                                         Speaker of the House.

                                                                                                                           Passed the Senate April 15, 1985.

                                                                                                                                       President of the Senate.