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27 <br /> She said to let the appointment stand. <br /> Commissioner Rich said she has concerns that Dr. Barber did not respond to the letter <br /> sent by the Chair, and she will vote against leaving her in the position. <br /> Commissioner Burroughs said she will be voting negatively for this appointee. <br /> Chair Dorosin said he feels the BOCC needs to seat Dr. Barber, as the County made <br /> the mistake since the Board did not have full disclosure. He said there was some poor <br /> communication between the Health department and the BOCC. <br /> A motion was made by Commissioner McKee, seconded by Commissioner Price to let <br /> appointment stand. <br /> VOTE: Ayes, 3 (Commissioner McKee, Commissioner Price, Chair Dorosin); Nays, 4 <br /> (Commissioner Rich, Commissioner Marcoplos, Commissioner Jacobs, Commissioner <br /> Burroughs) <br /> Motion failed. <br /> John Roberts said the Board needs to make the five bullet point findings noted in the <br /> abstract, if it plans to rescind the appointment. He said there needs to be factual background <br /> and legal reasons stated. <br /> Commissioner McKee asked if the failure of his motion effectively unseats Dr. Barber. <br /> John Roberts said his vote was to leave things as they are, and to rescind the <br /> appointment, requires a proactive motion to do so. He said the seat has been appointed, but <br /> no one has taken the seat or an oath of office. <br /> A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to <br /> rescind the appointment of Dr. Barber based on the findings below: <br /> • The Board was unaware of the existence of the Board of Health bylaws that prohibit the <br /> appointment of former health department employees to the Board of Health; <br /> • The Board acknowledges that the bylaws are not binding upon the Board's <br /> appointment process; <br /> • The Board, however, desires to remain in compliance with the bylaws to avoid any <br /> unnecessary conflicts among Board of Health members or between Board of Health <br /> members and the health department and its employees; <br /> • Dr. Barber has not taken the oath of office associated with membership on the Board of <br /> Health or assumed any duties related to such membership and has therefore not <br /> officially been appointed to that Board; <br /> • For these reasons the original appointment of Dr. Barber to the Board of Health is <br /> rescinded. <br /> Commissioner Jacobs apologized to Dr. Barber, and said he feels the bylaws are <br /> misguided, and if one has served in the health department that it should not preclude one from <br /> serving on the BOH. <br /> Commissioner Price said she disagreed with the bylaws. <br /> VOTE: Ayes, 4 (Commissioner Burroughs, Commissioner Rich, Commissioner Jacobs, <br /> Commissioner Marcoplos); Nays, 3 (Commissioner Dorosin, Commissioner Price, <br /> Commissioner McKee) <br />