NEWYORK | Department yom’ | of Health kaTHY HOCHUL, JAMES V. McDONALD, M.0.,M.P.H. MEGAN E. BALDWIN Governor ‘ting Commissioner Acting Executive Deputy Commissioner slanuary 12, 2023 Wiliam Federice, Chaie ‘Schoharie County Board of Supervisors P.O. Box 429) Schoharie, NY. 12157 Via emai Dear Mr. Federico, thas come to my attention that Schoharie County's Board of Supervisors has attempted to remove the state-approved Director of Public Health, Dr. Amy Gildemeister, from her postion, ‘and thatthe Board of Supervisors has further denied the county Boavd of Heath is statutory entitlement to review, appoint or reappoint the Public Health Director in contravention of New ‘York State Pubic Health Law requirements. The purpose of this letter isto cart the legal ‘authorities and obligations that apply to ths situation understate law and regulation, and to specify the Department of Health's expectations thatthe county comply with its obligations First, there is no provision in the New York State Puble Health Law fora county legislature, including your Board of Supervisors, to assume the authority ofa county Board of Health where, as here, a county-wide health district has been formed in accordance with Article 3 of the statute. Therefore, the Board of Supervisors has no legal basis to usurp the Board of Health's authorty ‘Second, New York State Public Health Law § 354 expressly provides that a county's Board of Health, not its legis'ature, is authorized to remove a county health ofier. Further, any ‘such removal may only occur upon written charges, and after such health offier[.], after dus ‘notice, has been given an opportunity to be heard” The statue also provides that the state Commissioner of Health has authority to review the record associated withthe removal of any County health officer and to revoke that removal at wil. Finding no evidence thatthe Schoharie Gounly Board of Health engaged in the raqured removal proceeding, or provided Dr. Gildemeister an opportunity to be heard, | must also find thal the Board of Supervisors’ attempt to remove Dr. Gidemeister is null and void as a matter of law. Therefore, | hereby reinstate Dr. ‘Amy Gidemeister as the Schoharie County Public Heath Director effective immediately, ‘Adcitionally, Public Health Law § 251(1) requires all county health officers to be appointed by the county Board of Health, except where a county charler expressly grants hiring authority tothe county executive. | have reviewed the authorizing statute for the Schoharie ‘County Administrator, Local Law No. 3 of 2018, withthe Department's legal counsel and find no ‘such delegation ofthat appointment authori tothe Administrator. Therefore, itis Department's determination that appointment authorty rests exclusively withthe Board of Health, and I hereby direct the Board of Supervisors to cease and desist frm any action now orin the future which in any way prevents the Board of Health fom acting within ts authorty. Finaly, please note that my office has express regulatory author uncer 10 NYCRR 11.182(b) toreject any appointment tothe postion of county Public Health Director, and intend to ‘exercise that authonty tothe fullest extent of the law should the Board of Suparvisorsaltempt to make an ilegal appointment to that pasion now or inthe future. Sincerely, FifOZ Bait — De Junge Medea MD, MPH (CC: Dr. Roy Korn, President, Schoharie County Board of Health