The Gallatin City-County Board of Health (Health Board) was created and shall operate pursuant to Section 50-2-106, Montana Code Annotated (MCA) and the Interlocal Agreement between the City of Bozeman and Gallatin County dated May 12, 1997.
The Health Board has jurisdiction as provided by Montana law for City-County Health Boards.
Powers and Duties of the Health Board
Section 1. Statutory Powers and Duties. The Health Board has those powers and duties set forth at Section 50-2-116, MCA.
Section 2. Other Powers and Duties. The Health Board shall:
- a. Recommend to the Gallatin County Board of County Commissioners a member to serve on the board of the Gallatin Local Water Quality District;
- b. Hear and act upon grievances of citizens and employees of the Gallatin City-County Health Department; and
- c. Evaluate the Health Officer annually.
Board of Directors
The composition of the Board and the terms of its members are set forth by Section 50-2-106, MCA and the Interlocal Agreement, which are restated below:
Section 1. Members. The Board shall consist of:
- a. One Commissioner appointed by the Gallatin County Board of County Commissioners;
- b. One Commissioner appointed by the Bozeman City Commission ;
- c. Three members appointed by the Gallatin County Commission;
- d. Three members appointed by the Bozeman City Commission; and
- e. One member appointed jointly by the City and County Commissions by a majority of each Commission.
Board members shall be appointed, when possible, to represent various disciplines such as preventative health, health care, environmental health, environmental engineering, and the general public. All members shall serve at the pleasure of the governing body that appointed them.
Section 2. Terms. The board must be composed of at least nine (9) persons. Terms of appointed members must be staggered and must be for three (3) years each. Each member shall hold office until the next regular meeting at the end of the member’s term.
Section 3. Oaths. Members will take their oath of office at the first meeting after they are appointed or reappointed.
Section 4. Absenteeism. The proper functioning of the Health Board is seriously impaired by the absence of its members. Members who must be absent from a meeting shall notify the Chair and the Board Secretary before the meeting. If a member has two consecutive absences from regularly scheduled meetings during the year, the governing body that appointed the member may be informed and a replacement requested for the member.
Section 5. Advisory Members. The Health Board may appoint non-voting advisory members to serve at the pleasure of the Board.
Section 6. Vacancies. Vacancies for voting members shall be filled by the governing body that appointed the former member for the unexpired portion of the member’s term.
Section 7. Conflicts of Interest. If a matter comes before the Board in which a member has a financial or personal interest, the member should:
Section 1. Elections. Officers shall be elected at the first regular meeting in each fiscal year, and shall serve until the first regular meeting in the following fiscal year.
Officers of the Health Board elected to fill vacancies shall serve the remainder of the term of the officers whom they replace.
Section 2. Chair. The Health Board shall elect a Chair who shall conduct all meetings and business of the Board.
Section 3. Vice Chair. The Health Board shall elect a Vice Chair who shall conduct all meetings and business of the Board in the Chair’s absence.
Section 4. Secretary. The Gallatin City-County Health Officer is the secretary of the Health Board and shall:
- a. Keep minutes of the meetings of the Board;
- b. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; and,
- c. Bring a copy of these Bylaws to every meeting.
Section 1. Annual Organizational Meetings. An annual organizational meeting shall be held the first quarter of each fiscal year to:
- a. Elect officers and appoint advisory members; and
- b. Review the broad objectives which guide the Board.
Section 2. Regular Meetings. City-County Health Boards are required to meet at least once a quarter.
Section 3. Special Meetings. Special meetings shall be at the call of the Chair, the request of the Health Officer, or the request of three (3) members.
Section 4. Quorum. A majority of the Board constitutes a quorum for conducting business and exercising its powers and duties.
If any meeting is convened where there is not a quorum, the members present may discuss routine matters but may not take formal action on any matter requiring motion and a vote.
Section 5. Manner of Action. An act of a majority of the voting members present at a meeting at which a quorum is present shall constitute an act of the Health Board, except where otherwise provided by law or by these Bylaws.
There is no proxy voting.
Section 6. Parliamentary Procedure. For all procedural matters not specifically covered in these Bylaws, the controlling parliamentary authority for the Health Board is the most recent edition of Robert’s Rules of Order.
The Chair, being a co-equal member of the Board, shall, in addition to presiding, have a right to participate in debate, and shall vote on all motions and not only where the vote of the Chair would create or break a tie.
A motion, once stated and seconded, limits the debate to points relevant to the motion. Prior to a formal motion being stated, general discussion of, and the presentation of information relevant to, an agenda item being considered is in order.
Before the consideration of any measure or the taking of any action concerning which a public hearing has not been previously held, or will not be held, the Chair shall allow members of the audience to be heard. At the discretion of the Chair, members of the audience may be heard during or after the Board discussion. The Chair may reasonably limit audience participation at any time.
Reconsideration of any action of the Board may be allowed upon motion of any member of the Board, such motion being approved by a quorum of Board members, and upon proper public notice.
Routine matters, such as setting meeting times and adjournment, setting future agenda items, or appointment of committees, may be by consensus rather than by motion and vote.
Section 7. Notice of Meetings. The Secretary shall notify all members of all meetings either orally or in writing. No special meeting shall be held unless diligent efforts have been made to notify all members.
Section 8. Open Meeting Requirements. All meetings of the Health Board shall be held in compliance with Montana’s Open Meeting and Public Participation laws set forth at Title II, Chapter 3, MCA.
To comply with the spirit and intent of Montana’s open meeting and public participation laws, public notice of not less than two (2) business days shall be given of all Board meetings, regular and special. Notice need not be given where the Board must make a decision to deal with an emergency situation affecting the public health, welfare, or safety, or as otherwise allowed by Section 2-3-112(1), MCA. The Chair may close a meeting of the Board as allowed by § 2-3-203, MCA.
Section 9. Agenda. Agenda items should be submitted to the Secretary at least seven (7) days before a meeting. This rule may be suspended upon approval of the Board’s Chair.
Section 10. Minutes. Minutes of all Health Board meetings shall be kept by the Secretary or designee, and shall be signed by the Secretary and by the Chair after approval by the Board at the next meeting.
Minutes of all open meetings, and portions of meetings that are open to the public, shall be kept available for inspection by the public. The Secretary shall keep separate minutes of all discussions and votes held during executive sessions.
The Minutes need not have detailed reports of discussions; provided, however, that all minutes are made in accordance with Title II, Chapter 3, Part 2, MCA. In addition, the minutes shall include all motions, identify the member making the motion, and include a roll call vote. The minutes also should include the names of members and staff that are present or absent, as well as the names of any members of the public commenting on a matter or presenting information to the Board.
Admendments to Bylaws
The bylaws shall be reviewed the first quarter of each fiscal year and may be amended or repealed. The Bylaws may be amended or repealed, and new bylaws adopted, by a quorum of the Board if at least two weeks written notice is given to each member of the Board of the intention, at such meeting, to amend or repeal and adopt new bylaws.
Approval of Bylaws
These Bylaws were developed and approved by the Gallatin City-County Health Board on May 12, 1997.
Revised and approved:
December 8, 1998, Warren Jones, Chairperson
July 13, 2000, Warren Jones, Chairperson
June 27, 2002, Warren Jones, Chairperson
August 2002, Buck Taylor, Chairperson
October 24, 2002, Brian Leland, Vice-Chair
August 8, 2003, Buck Taylor, Chairperson
November 20, 2003, Buck Taylor, Chairperson
These Bylaws were revised and approved by the Gallatin City-County Health Board on January 22, 2015 – Gretchen Rupp, Chairperson
These Bylaws were reviewed and approved by the Gallatin City-County Health Board on September 28, 2017 – Buck Taylor, Vice-Chairperson