HomeMy WebLinkAboutResolution - 1030 - Agreement - TDOH - Local Health Department Operation - 02_11_1982RESOLUTION 1030 - 2/11/82
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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.
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ALM HENRY., MAYOR r
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-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:
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G. VandiAsst. City Attorney
RESOLUTION 1030 — 2/11182
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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.