The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5496 June 7, 1979 COUNTIES: Optional unified form of county government PUBLIC HEALTH CODE: County health department in county which has adopted optional unified form of county government HEALTH AND SANITATION: County health department in county which has adopted optional unified form of county government A county which has adopted a unified form of county government is required to have a county department of public health; this requirement, however, does not mean that the county department of public health must be headed by a board of health. Dr. Maurice S. Reizen Director Department of Public Health 3500 North Logan Lansing, Michigan 48914 You have requested my opinion on the following question: If a county adopts the optional unified form of county government with the provision for an elected county executive pursuant to 1973 PA 139, MCLA 45.551 et seq; MSA 5.302(51) et seq, are the powers and duties of the county board of health established by 1927 PA 306, MCLA 327.207 et seq; MSA 14.161 et seq, vested in the board of county commissioners or in the county executive? Section 2413 of the Public Health Code, 1978 PA 368, MCLA 333.2413; MSA 14.15(2413), states: 'Except if a district health department is created . . ., the local governing entity of a county shall provide for a county health department which meets the requirements of this part, and may appoint a county board of health.' [Emphasis added] Section 2411(1) of the Public Health Code, supra, states: 'Where the governing entity of a local health department includes a unified county, the powers and duties vested in the county board of commissioners and county executive in that county shall be divided in accordance with Act No. 139 of the Public Acts of 1973, as amended.' It is therefore clear that the county board of commissioners of a county which has adopted an optional unified form of county government must provide for a county health department which meets the requirements of the Public Health Code, but is not mandated by the Public Health code to appoint a board of health as the administrative head of the department. Thus, the determination of the allocations of powers and duties of a county board of health established by 1927 PA 306, supra, must be made by reference to 1973 PA 139, supra. 1973 PA 139, supra, Sec. 4(1) provides in part: '. . . All county departments in conflict with the departmental organization established by this act are abolished. . . .' 1973 PA 139, supra, Sec. 4(2), provides: 'Powers vested in any abolished office, board, commission, authority, or department, on the date the optional unified form of county government becomes effective, become general county government powers, and functions performed by the office, board, commission, authority, or department shall be carried on as provided in this act.' The continued orderly discharge of the powers and duties of the board of health in counties adopting the unified form of government is provided for in 1973 PA 139, supra, Sec. 13(h) which states: 'An optional unified form of county government shall have all functions, except when otherwise allocated by this act, performed by 1 or more departments of the county or by the remaining boards, commissions, or authorities. Each department shall be headed by a director. Subject to the authority of the county manager or elected county executive the following departments and their respective directors may be established and designated to be responsible for performance of the functions enumerated: '(h) The department of health and environmental protection shall perform all public health services for the county and carry on environmental upgrading programs.' [Emphasis added] It is, therefore, my opinion that a county which has adopted a uniform form of county government is required to have a county department of public health. This requirement, however, does not mean that the county department of public health is headed by a board of health. (1) In fact, pursuant to 1973 PA 139, Sec. 13(h), supra, the department of health is to be headed by a director subject to the authority of the county manager or elected county executive. Frank J. Kelley Attorney General (1)