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<br /> • ADMINISTRATION - § 153A-82
<br /> �ualifi=:l' t(nd interested county residents soda cis health and social services, aria similar
<br /> tuc1,, int.r.ran-et and develop coillrtillnity agcncic::- The nfrtca of heal be:�lth
<br /> director is uncsf-
<br /> to`' fated►, this se-ctinrh and must be
<br /> suf�c,rt tad coaperzition in • tit•ities con >. filled by the h:,:,rd
<br /> of of-commissioners.See opinion or Attorney General to
<br /> ducted try o1• under the authority U, th ]J r. Ron11c1 II. Levine, State Health 1)irccto;,
<br /> of heard Ur cotinty commissioners of said N.C.A.G.4:(1952). -
<br /> county. - -
<br /> This section applies to counties with a
<br /> population in excess of 400,000. (1973, c. §§ 153 ,.-78 tol53A--SO: Reserved for fu-
<br /> 454, ss_ 1-2'/2; 1935, c. 589, s_ 56; c. 75-4, s. ture codification purpose&
<br /> 1.) r . Part 2.. Administration is
<br /> Editor's Note.-Session Laws 1985,c. 589,s. cc . - Counties Having •-
<br /> provides that rules to implement the act which are - Mana Hers.
<br /> euthoriz.A to be adopted by the act or which are - -
<br /> otl-m-vise authorized to he adopted by law may h^ § 153A-81. Adoption of county-m fan- -
<br /> adopted at any time after ratification(July 4 1955),
<br /> but shall not Laconic effective before Janu-i- 1.,1985, ager plan; appointment or
<br /> Session Laws 1935, c. 559, s. 65 is a severability - ' - designation of manager_
<br /> chose. - -- - -'
<br /> Session f,aw 1085, c. 754, which substituted r'he board of commissioners may by
<br /> :00,000" for "325,000" in the last paragraph, pro- resolution adopt or discontinue the county-
<br /> vide.>,in s. 2, that the act is effective upon ratifica- manager plan. If it adopts the county-
<br /> - flan,but shall expire on Juts•30,1587,at which time manager plan, the board may, in the
<br /> thi3 section shall revert to its status prior to the alternative: - _ -
<br /> ratification date of the act(duly 15,1985),except that - (1) Appoint a county manager to
<br /> the arlendments made to this section by Session - •- serve at its pleasure. The man-
<br /> taws 1''155,c.559,s.56 shall not expire. - after shall be appointed solely on
<br /> Effect of Amendments.---The 1955 amendment
<br /> by e.589,s.55,effective January 1,1956,in the first - the basis or his executive staid
<br /> ' paragraph substituted "may assume" for "is thereby
<br /> administrative gllalific�ltioris_ Ie
<br /> authorized to assume" in the first Sentence, substi- need not be a resident of the .
<br /> tuted 'area mental health, mental retardation, and, - county or the State at the time of
<br /> substance abuse board"for"board of mental health his appointment.
<br /> (area)" in the second sentence, and substituted "The - (2) Confer upon the chairman or some
<br /> board"for It is provided,however,that the board"at other member of the board of
<br /> ti beginning of the last sentence,and in the second comm�hissionei's the duties of
<br /> fu
<br /> paragraph substituted "may also appoint" fear "is county manager. If this is clone,
<br /> further audio ized and empowered,in the cxe:,cise of °
<br /> its di cr<tinn,to appoint."
<br /> the Chairman or member shall.
<br /> The 19::5 amendment by c.75-,s. 1,effective July • become a full-time county official, .
<br /> IS, 1935, substituted "400,000"for"325,000" in the and the board may increase his
<br /> Dist paragraph. For'the expiration date of this - - salary pursuant to G.S. 153A-28_
<br /> • amendment,see the Editor's note above. (3) Confer upon any other officer, ern-
<br /> . ployee, or agent of the county the
<br /> OPINIONS OF ATTORNEY GENERAL duties of county manager_
<br /> As used in this Part, the word 'rnan-
<br /> County- Board of Health, ----- Pursuant to this ager" includes the chairman or any rn m-
<br /> sectinn,abard of commissioners,in a county with a bet of the b,arc1 of commissione.rs a xercis-
<br /> population in excess of 32:;;000, may assume all ing the duties of manager or any officer, -
<br /> pov.ers,re:;p onsibilitiea and duties of a county board employee, or agent of a county exercising
<br /> of heath. The hoard may exercise the power and the duties of Inanagrer. (1927,c-91,ss_ 5,8;
<br /> authority after conducting a public hearing pursuant 1973,c.822,s. 1.)
<br /> to 30 day's' notice. Although the board may appoint
<br /> advisory- groups, the statute does not authorize the
<br /> delegation of the former power and authority of the - - CASE NOTES - - -
<br /> Count':board of health to another agency.Sea opinion '
<br /> C. Attorney General to Dr. ]lnnald H. Levine, State Cited in It_atcliff v.County of Buncornt,e,7Sfi F_2d
<br /> health Director,52 N.C.A.G.44(1932). 1183(5th Cir.1955).
<br /> t_ocal health Director_ - The authority con- -
<br /> frrr, by this section is limited to commissions,
<br /> bo:hrcl: a1ej agencies appointed by the board of S 153A-82. Powers and dutics.cif man- •- •
<br /> (".'n'hisstancrs or acting p'.usuant to its authority. ager.
<br /> 11._ l)c,tl health clirec-to:-is appointed by the county
<br /> b' of f•S.1'r, and his authority is c•�nftrred b The manager is the chief administrator
<br /> s a:u:.•. I:_!r-:,,rrnore, the authority of the board of of county government. He is responsible to
<br /> rc'!:hi';i`r .. to assume the po.ver and rest iisihili- t7:" board of commissioners for the admiii-
<br /> ti.-- or c'i;e•ncies is limited by the statute to boards, at.ion of all departments of county •
<br /> 1.,;, •
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