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HomeMy WebLinkAboutResolution - 1030 - Agreement - TDOH - Local Health Department Operation - 02_11_1982RESOLUTION 1030 - 2/11/82 DGV:mck RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the Texas Department of Health and the City of Lubbock for the op- eration of a local Health Department, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of Febtvary 1982. c/' - /k ALM HENRY., MAYOR r TEM -ATTEST; - Evelyn ffga, City Se r ry-Treasurer APPROVED AS TO CONTENT: D. Donaldson, Jr., M. Acting Director of Healt Department APPROVED AS TO FORM: n 'IaV1lbA.x - ver, vo..--viw" v ` G. VandiAsst. City Attorney RESOLUTION 1030 — 2/11182 ten' "f-T;:F1-YJRFR THIS AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND THE HEREINAFTER NAMED LOCAL GOVERNING BODIES RELATING TO THE OPERATION OF A LOCAL HEALTH DEPARTMENT OR LOCAL HEALTH DISTRICT IS AS FOLLOWS: 1. The expenditures contained in the budget accompanying this agreement represent funds furnished by the TEXAS DEPARTMENT OF HEALTH and the LOCAL APPROPRIATING AGENCIES of the City of Lubbock in the operation of the Lubbock City Health Department or Health District. 2. All personnel will meet at least minimum personnel qualifications established by the Merit System Council. Merit System Rules and Regulations of the Texas Department of Health will be followed in full-time local health department jurisdictions that do not have an accepted local Merit System or Civil Service. Local systems may be accepted by the Texas Department of Health provided the local systems operate in conformity with standards comparable to those contained in the Rules and Regulations of the Merit System Council. 3. A Director shall be appointed to operate and administer the full-time Local Health Department or District. The Director shall be a physician, licensed by the Texas State Board of Medical Examiners. The Local Governing Bodies, by joint action.or by concurrent agreement, shall appoint a Director who qualifies under the minimum qualifications established by the Merit System Council. The Director shall be approved by the Commissioner of Health. 4. The Director of the full-time Local Health Department or District is to be in com- plete charge of all public health activities of the Department and shall direct the personnel. The said Director shall have full authority to employ, promote, demote, discharge and transfer any and all personnel within the Local Health Department or District; PROVIDED, HOWEVER, that such actions shall be in accordance with the Merit System Rules and Regulations. Additionally, such actions pertaining to State.paid employees shall be in accordance with the Personnel Manual of the Texas Department of Health. The Local Appropriating Agencies may establish a Board of Health for the Health Department or District in accordance with the statutory authority under which the Department or District is organized. 5. The Director will make such financial and activity reports as may be required by the Texas Department of Health. The Texas Department of Health reserves the right to audit such reports, and to conduct program evaluations. 6. It is understood that due to lack of State funds it may be necessary at some future date to reduce the financial participation on the part of the State. 7. The local governing body hereby agrees to comply with: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and its im- plementing regulation, 45 CFR Part 80 (prohibiting discrimination in federally assisted programs on the grounds of race, color, or national origin.) B. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794 and its imple- menting regulation, 45 CFR Part_ 84 (prohibiting discrimination in federally assisted programs on the basis of handicap.) C. Title VII (42 U.S.C. 2000e et seq. prohibiting discrimination in employment practices.) D. 29 U.S.C. 621 et seq. (age discrimination) 8. Either party may terminate this Agreement at any time after giving at least thirty (30) days notice in writing. Executed this llth day of February 1982. RECOMMENDED: Chief, Bureau of Community Health Services TEXAS DEPARTMENT OF HEALTH ACCEPTED: BY: Deputy Commissioner TEXAS DEPARTMENT OF HEALTH AL HENRY �, MAYO PRO TEM ATTEST: Evelyn Gaf ga,. City S cre Treasurer APPROVED AS TO CONTENT: A� e7f:o u V Denzil Perc lull, Dir-/Ator -of Public Services jj,, APPROVED AS TO FORM: Donald G. V'ancriver, Asst. /City Attorney Official(s) authorized to sign for local governing body (bodies) Robert Bernstein, M.D., F.A.C.P. Commissioner Robert A..%lacL^_an, M.D. cp:ay Commissioner Professional Services Hermas L. Miller Dcputy Commissioner Administration and Management Texas Department of H(.?,alth 1100 %Vcst 49th Strect At:,tL-:, Texas 78756 1,512) 45s-7111 January 4, 1982 J. D. Donaldson, Jr., M.D., Acting Director Lubbock City -County Health Department P. 0. Box 2548 Lubbock, Texas 79408 Dear Doctor Donaldson: Members of the Board William !. Foran. Cri—a nan . LauranceN. ,i(ke, %ice-Chavman Rod rrc M. Bell, Socrw.:ry )ohnnieht. Benson. Sister Bernard .Mario Burgmeyer H. Eugene Bro,vn Frank Bryant, Jr. Joaquin G. Crgarroa. Jr. Charles Ataa Cole Francis A. Conley Ben M. Durr Raymond G. Garrett Bob D. Glaze Robert D. Moreton Joe N. Pyle Richard W. Ragsda,e Isadore Roosth Barbara T. Slover. Thank you for returning the personnel questionnaire and other information regarding the City of Lubbock's personnel policies so promptly. Our Bureau of Personnel Management has completed its review of the information submitted and It is their opinion that your personnel system meets the personnel requirements for an adequate system; therefore, in accordance with your request, locally paid health department employees may be removed from Merit System jurisdiction. We would propose an effective date of January 1, 1982, for the Health Department to be under the City's system and would expect that requests for registers, copies of personnel actions, employment applications, etc., on locally funded positions not be submitted to us after this date. Any actions affecting State funded positions must continue to be accomplished under the Merit System and Texas Department of Health policies and procedures. In order to purge our personnel files, please forward a listing of all locally paid employees being removed from Merit System coverage. This list should be prepared in alphabetical order giving the person's name, Social Security Number and title. This list should include a statement under your signature that these employees are being dropped from Merit System coverage effective January 1, 1982. If you have any questions regarding these requirements, please let me know. Sincerely, Robert A. MacLean, M.D. Deputy Commissioner Professional Services RECEIVED JAN 11 1982 LUBBOCK G1IY REALiH KEPT.