326 - Local health officer; temporary or acting; appointment; compensation; powers.

§  326.  Local  health  officer;  temporary  or  acting;  appointment;  compensation; powers.  1. (a) A health officer with the consent  of  the  board  of health in a town or village, and with the consent of the board  or official having power to appoint a health  officer  in  a  city,  may  appoint  a person who meets the qualifications contained in the sanitary  code to act as health officer during his temporary absence or incapacity  on account of illness or other cause for a period  not  exceeding  three  months.    (b)  In  the  event that the health officer fails to, or is physically  incapable of appointing a qualified person  to  act  as  health  officer  during  his temporary absence or incapacity, then the board of health in  a town or village or the board or official having  power  to  appoint  a  health  officer  in  a  city, shall appoint a qualified person to act as  health officer during the temporary absence or incapacity of the regular  health officer, for a period not exceeding three months.    (c) If any local board of health fails to  appoint  an  acting  health  officer  pursuant  to  this  section then the commissioner may appoint a  qualified person to serve as such health officer during the  absence  or  incapacity  of  the  health  officer,  for  a period not exceeding three  months.    2. The health officer, or the board of health or other  official,  who  appoints  a  qualified  person to act as health officer pursuant to this  section, shall report immediately in writing to the department the  name  and address of the person so appointed.    3.  An  acting  health  officer,  during  the  period  for which he is  appointed, shall have all the rights, powers and duties imposed upon the  health officer by this chapter and the sanitary code.    4. The board of health in a town or village and the board  or  officer  having  authority  to  fix  the salary of a health officer in a city may  allow such compensation as it deems reasonable covering  such  temporary  service. The appointment of an acting health officer in a case where the  regular  health officer shall have been appointed jointly by two or more  local boards of health for two or more towns or villages shall  be  with  the consent of the appointing local boards, and the compensation of such  acting  health  officer  shall be allowed and paid in the same manner as  the fixed compensation of the regular health officer.