Referred to: The Public Health and Social Services Committee (Chairman Lopez and

Legislators Joseph Maloney, Nolan, Petit and Wawro), and The Ways and Means

Committee (Chairman Gerentine and Legislators Archer, Bartels, Lopez, James

Maloney, Joseph Maloney, and Petit)

Chairman of the Public Health and Social Services Committee, Craig V. Lopez, and

Deputy Chair Kathy Nolan offer the following:

 WHEREAS, pursuant to Section C-41(A) of the Ulster County Charter and

Section A5-1(A) of the Administrative Code: “There shall be a Department of

Health, headed by a Commissioner of Health or a Public Health Director and

Medical Consultant. The Commissioner of Health or Public Health Director shall

meet the qualifications for this position specified in the New York State Public Health

Law and Sanitary Code. In addition, he or she shall be a licensed physician with

experience in public health. He or she shall be appointed by the County Executive in

consultation with the Board of Health and with confirmation by the County

Legislature and serve at his or her pleasure, except that if either the Commissioner of

Health or Public Health Director is appointed for a fixed term of years pursuant to a

provision of state law, he or she may only be removed for cause after written notice

of charges and an opportunity to be heard,” and

WHEREAS, pursuant to Section C-44(A) of the Ulster County Charter and

Section A6-1(A) of the Administrative Code: “There shall be a Department of

Mental Health, headed by a Commissioner of Mental Health. The Commissioner of

Mental Health shall be experienced in public mental health administration and meet

the qualifications for this position as specified in the New York State Mental Hygiene

Law and/or by the State Commissioner of Mental Hygiene. He or she shall be

appointed by the County Executive in consultation with the Community Services

Board and with confirmation by the County Legislature and serve at his or her

pleasure;”; and

WHEREAS, pursuant to Section C-26(G) of the Ulster County Charter and

Section A3-5(G) of the Administrative Code: “The County Executive may appoint

one person as head of two or more departments or other administrative units or may

serve himself or herself as the head of one or more administrative units or

departments, subject to all requirements in the Charter and/or law as to

qualifications,” and 

WHEREAS, the County Executive has reappointed Carol M. Smith, MD,

MPH, as Commissioner of Health and Commissioner of Mental Health; now,

therefore, be it

RESOLVED, the Ulster County Legislature hereby confirms the

reappointment of Carol M. Smith, MD, MPH, as Commissioner of Health and

Commissioner of Mental Health,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Roberts)

Passed Committee: Public Health and Social Services on April 30, 2018

Passed Committee: Ways and Means on May 8, 2018

FINANCIAL IMPACT:

$162,384.00 – 2018 BUDGETED ANNUAL SALARY

$ 10,000.00 – 2018 BUDGETED MENTAL HEALTH STIPEND 

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 15th Day of May in the year Two Thousand and

Eighteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 17th Day of May in

the year Two Thousand and Eighteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

17th Day of May, 2018. 25th Day of May, 2018.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature