§ 351. County or part-county health commissioner, public health
director or county health director; appointment; compensation. 1. The
board of health of each county and part-county health district or other
body having the powers and duties of a board of health of a county or
part-county health district or the county executive in those counties
where the county charter provides that said commissioner is to be
appointed by the county executive shall appoint a county health
commissioner, county health director or, when authorized under the state
sanitary code, public health director; except, however,

(a) that the boards of health of not more than three county or
part-county health districts or other bodies having the powers and
duties of a board of health of a county or part-county health district
may appoint the same person to serve as county health commissioner,
county health director or, when authorized by the state sanitary code,
public health director for said health districts, if the total
population of health districts is not in excess of one hundred fifty
thousand according to the latest federal decennial census, provided the
approval of the commissioner is obtained; or

(b) the board of health or other body having the powers and duties of
a board of health of a county or part-county health district of any
county health district with a population of less than thirty-five
thousand according to the latest federal decennial census may appoint
the same person employed by a contiguous county or part-county health
district to serve as county health commissioner, county health director
or, when authorized by the state sanitary code, public health director
without regard to the total population of both health districts,
provided the approval of the commissioner is obtained.

The commissioner shall periodically review his or her determination to
ensure such employment of the same county health director, director of
public health or county health commissioner continues to serve the
interest of public health and may terminate his or her approval at his
or her discretion.

2. If the commissioner has approved the appointment of the same person
to serve as the county commissioner of health or public health director
of more than one county or part-county health district pursuant to
subdivision one of this section, then during the continuation of such
approval the commissioner may also authorize the same members to be
appointed to the board of health of each respective health district,
notwithstanding their residency in the other county.

3. Any boards of health or other bodies having the powers and duties
of a board of health of a county or part-county health district having
the same members shall annually submit such information and reports
regarding the effect of such employment on administration of the
respective health districts and the provision of public health services
as the commissioner may require. The commissioner shall use such
information in determining whether such common membership continues to
serve the interest of public health.

4. The county health commissioner or public health director shall
possess such qualifications for office as are prescribed in the sanitary
code.

5. The county health commissioner or public health director shall
serve for a term of six years and shall not be removed during the term
for which he or she shall have been appointed, except upon written
charges after a hearing and upon notice.

6. The county health commissioner or public health director shall
receive such compensation as may be fixed by the board of supervisors
or, if the commissioner's approval has been obtained for the employment
of the same person as the county health commissioner or public health
director pursuant to subdivision one of this section, by the boards of
supervisors.