New York Public Health Code § 320

Local health officer; appointment; residence
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§ 320. Local health officer; appointment; residence.  1. Except in the\ncities whose charters otherwise provide, and except as hereinafter\nprovided for joint appointment by two or more local boards of health of\none health officer for the municipalities joining in such appointment,\nand except in those local health districts within the area of a county\nor part-county health district, each local board of health shall appoint\na health officer of the municipality. A member of the appointing board\nis not eligible to be appointed as the health officer. Such health\nofficer shall be a citizen and qualified as provided in the sanitary\ncode.  Such qualifications shall be determined by the public health\ncouncil, in consultation with the rural health council.  Notwithstanding\nthe provisions of any general or local law or charter, a person who is\nqualified as provided in the sanitary code at the time of his\nappointment shall be eligible for appointment as health officer.\n  2. The health officer need not reside within the village or town for\nwhich he is appointed.\n  3. The local boards of health of a town and village, or for two or\nmore towns or villages, jointly, may appoint one health officer to be\nthe health officer for the several municipalities joining in the\nappointment, upon the authorization of a resolution or ordinance duly\nadopted by each of the respective town boards or boards of trustees of\nthe villages affected, with the written approval of the commissioner.\n

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