§ 130A-38. Dissolution of a district health department.
§130A‑38. Dissolution of a district health department.
(a) Whenever the boardof commissioners of each county constituting a district health departmentdetermines that the district health department is not operating in the besthealth interests of the respective counties, they may direct that the districthealth department be dissolved. In addition, whenever a board of commissionersof a county which is a member of a district health department determines thatthe district health department is not operating in the best health interests ofthat county, it may withdraw from the district health department. Dissolutionof a district health department or withdrawal from the district healthdepartment by a county shall be effective only at the end of the fiscal year inwhich the action of dissolution or withdrawal transpired.
(b) Notwithstanding theprovisions of subsection (a), no district health department shall be dissolvedwithout prior written notification to the Department.
(c) Any budgetarysurplus available to a district health department at the time of itsdissolution shall be distributed to those counties comprising the district onthe same pro rata basis that the counties appropriated and contributed funds tothe district health department budget during the current fiscal year.Distribution to the counties shall be determined on the basis of an audit ofthe financial record of the district health department. The district board ofhealth shall select a certified public accountant or an accountant who is subsequentlycertified by the Local Government Commission to conduct the audit. The auditshall be performed in accordance with G.S. 159‑34. The same method ofdistribution of funds described above shall apply when one or more counties ofa district health department withdraw from a district.
(d) Upon dissolution orwithdrawal, all rules adopted by a district board of health shall continue ineffect until amended or repealed by the new board or boards of health. (1971,c. 858; 1975, c. 396, s. 2; c. 403; 1983, c. 891, s. 2.)