HOUSE DOCKET, NO. 4201        FILED ON: 3/28/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4028

The Commonwealth of Massachusetts

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PRESENTED BY:

James J. O'Day

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the board of health in the city of Worcester.

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PETITION OF:

HOUSE DOCKET, NO. 4201        FILED ON: 3/28/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4028

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act relative to the board of health in the city of Worcester.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. Notwithstanding any provision of any general or special law the city of Worcester may, by ordinance adopted under the reorganization provision of its home rule charter, provide for aboard of health to exercise any or all of the authority vested in boards of health by section thirty-one of chapter one hundred-eleven of the general laws or any other general law relative to boards of health in cities and towns. Such board shall consist of five members. Such ordinance shall provide that the five voting members of the board shall be appointed by the city manager who shall also designate one member as the chair of the board. All members shall serve at the pleasure of the city manager except that no member shall be removed from office solely on account of any vote or position taken on any matter pending before or decided by the board. Such ordinance shall further provide that the composition of the board shall represent the diversity of the city and shall be drawn from the business, educational, public health, engineering and legal communities of Worcester with individuals who exhibit the 21st Century skills of collaboration, critical thinking, communications and creativity. The initial appointments to the board shall consist of one member for one year one member for two years one member for three years one member for four years and one member for five years. Thereafter all members shall serve terms of five years and may continue thereafter as members of the board until the appointment and confirmation of their successor who shall serve for the balance of the term into which they were appointed. All members may be reappointed in accordance with the provisions and limitations of the city charter.

Section 2. The ordinance referred to in section one shall also require the city manager of the city of Worcester to appoint a chief executive officer of the city department responsible for performing public health functions, which officer shall have received either: a) the degree of doctor of medicine from a medical school accredited by the American Medical Association; (b) a masters degree in public health or a field related to public health together with such practical experience and education in public health work as deemed suitable by the city manager. Said chief executive officer shall perform and exercise the duties and powers authorized by law and city ordinances which shall include responsibility for the oversight and direction of the city department of public health and the administration of the programs personnel property and budgets assigned or appropriated to said department. The ordinance referred to in section one shall also require the city department responsible for performing public health functions to have in its table of authorized positions a position of “medical director,” who shall be qualified by receipt of the degree of doctor of medicine from a medical school accredited by the American Medical Association. In the event of an emergency requiring immediate action in the interest of public health where it is not practicable for the board of health to convene, the medical director shall be authorized to issue any orders reasonably necessary to address any such public health emergency and to issue emergency regulations on behalf of the board of health until such time as the board may convene to ratify revise or rescind any such regulation so issued. In the event that such medical director is not immediately available in such emergency, such authority shall be exercised by the chief executive officer. Any such emergency order shall be subject to the superseding authority of the city manager acting in his or her capacity under the city charter as the chief conservator of the peace of the city. In the event of a vacancy or temporary absence in either the office of said chief executive officer or the office of medical director, the city manager may appoint any person he or she deems suitable to perform the duties of such office until the vacancy is filled or the absence terminated.

Section 3. No member of the board of health or advisory committee constituted under authority of this act shall receive compensation either from the city or from any other institution or person for their service as a member of the board. The provisions of chapter two hundred and sixty-eight A shall apply to all members of the board. In the event that the chief executive officer, medical director, or any member of the board is unable to act on any particular matter due to a potential conflict of interest the city manager may appoint a temporary member to act in his or her place in that particular matter.

Section 4. This act shall take effect when enacted. Upon the effective date of any reorganization ordinance adopted under authority of this act the provisions of chapter one hundred eighty-one of the acts of nineteen hundred and fifty-three as amended by chapter seven hundred ninety-seven of the acts of nineteen hundred seventy shall be repealed and the offices provided for therein shall be terminated.