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AAult r te-?t4 nett..
<br /> ADMINISTRATION § 1 53A 1 5300 t
<br /> Action is qualified and interested county residents such as health and social services, and similar
<br /> "IllW, to study,interpret and develop community agencies. The office of local health director is unaf-
<br /> onus or
<br /> support and cooperation in activities con- fected by this section and must be filled by the board
<br /> function or ducted by or under the authority of the of commissioners.See opinion of Attorney General to
<br /> board of Count commissioners of said Ronald H. Levine, State Health Director, 52
<br /> 4 pi A Partrcu- y N.C.A.G.44(1982)-
<br /> _ department, county.
<br /> This section applies to counties with a
<br /> e the population in excess of 400,000. (1973, c. §§ 153A-78 to153A-80: Reserved for fu-
<br /> , . or selec-.v 454, ss. 1-21/z; 1985, c. 589,s. 56; c. 754,s. ture codification purposes.
<br /> Mducation,
<br /> � 1.)
<br /> , board of Part 2. Administration in
<br /> of elec. Editor's Note.-Session Laws 1985,c.589,s.66 Counties Having
<br /> or alcoholic i provides that rules to implement the act which are Managers.
<br /> f: c 822, s. authorized to be adopted by the act or which are
<br /> .. ' •, otherwise authorized to be adopted by law may be § 153A-81. Adoption of county-man-
<br /> ",.. ::; adopted at any time after ratification(July 4,1985), ager plan; appointment or
<br /> e but shall not become effective before January 1,1986.
<br /> irctRAL Session Laws 1985, c. 589, B. 65 is a severability designation of manager.
<br /> clause. The board of commissioners may b
<br /> • ",nt. - Session,0 ,, for"3 1985. in the which substituted
<br /> raph, pro_ resolution adopt or discontinue the county-
<br /> say
<br /> organize
<br /> "400,000" for 325,000" in the lest paragraph, pro_
<br /> egt loFl, the vides,in s.2,that the act is effective upon ratifica- manager plan. If it adopts the county-
<br /> spa abolishing •, tion,but shall expire on June 30,1987,at which time manager plan, the board may, in the
<br /> - apartment, this section shall revert to its status prior to the alternative:
<br /> and duties. ratification date of the act(July 15,1985),except that (1) Appoint a county manager to
<br /> - a s% not be the amendments made to this section by Session serve at its pleasure. The man-
<br /> O,anion of Laws 1985,c.589,s.56 shall not expire. alter shall be appointed solely On
<br /> i. low*, State •-;. Effect of Amendments.-The 1985 amendment. the bads of his executive and
<br /> by c.589,a.56,effective January 1,1986,in the first
<br /> paragraph substituted "may assume" for'is hereby administrative qualifications. He
<br /> authorized to assume" in the first sentence, substi- need not be a resident of the
<br /> of corn- toted"area mental health, mental retardation, and county or the State at the time of
<br /> coon- ? substance abuse board"for"board of mental health his appointment.
<br /> ions, (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 /> - �• the beginning of the last sentence,and in the second commissioners the duties of
<br /> paragraph substituted "may also appoint" for "is court manager. If this is done,
<br /> ,n over further authorized and empowered,in the exercise of county
<br /> • . , the its discretion,to appoint." the chairman or member shall
<br /> may as- The 1985 amendment by e.754,s.1,effective July become a full-time county official,
<br /> •__ - there- 15, 1985, substituted"400,000"for"325,000"in the and the board may increase his
<br /> UV corn- last paragraph. For the expiration date of this • salary pursuant to G.S. 153A-28.
<br /> .1s adoption amendment,see the Editor's note above. (3) Confer upon any other officer, em-
<br /> aaferring ^'' ployee, or agent of the county the
<br /> - , criers .'. OPINIONS OF ATTORNEY GENERAL duties of county manager.
<br /> .;-: duties of As used in this Part, the word "man-
<br /> ,t,„I agency. ,t;; minty Board of Booth, - pursuant to this ager" includes the chairman or any mem-
<br /> 4 hard of v section,a board of commissioners,in a county with a ber of the board of commissioners exercis-
<br /> 4 •. area population in excess of 325,000, may assume all ing the duties of manager or any officer,
<br /> .. and powers,responsibilities and duties of a county board employee, or agent of a county exercising
<br /> 0144:corn- of health. The board may exercise the power and the duties of manager.(1927,c.91,ss.5,8;
<br /> by the authority after conducting a public hearing pursuant 1973,c.822,s.1.)
<br /> or act- to 30 days'notice. Although the board may appoint
<br /> of the advisory groups, the statute does not authorize the CASE NOTES
<br /> said delegation of the former power and authority of the
<br /> - -- -.nets ' county board of health to another agency.See opinion
<br /> city •/ i of Attorney General to Dr. Ronald H. Levine,State Cited in Ratcliff v.County of Buncombe,759 F.2d
<br /> Health Director,52 N.C.A.G.44(1982). 1183(4th Cir.1985).
<br /> hear- Local Health Director. - The authority con-
<br /> ,
<br /> . 1 days, e ferred by this section is limited to commissions,
<br /> w
<br /> - In a urboards and agencies appointed by the board of § 163A-82. Powers and duties of man-
<br /> in commissioners or acting pursuant to its authority. ager.
<br /> • . , The local health director is appointed by the county Th
<br /> -. . may The man board of health and his authority is conferred by age r i8 the chief administrator
<br /> statute. Furthermore, the authority of the board of of county government.He is responsible to
<br /> of commissioners to assume the power and responsibili- the board of commissioners for the admire-
<br /> ties of agencies is limited by the statute to boards, istration of all departments of county
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