Wheeler to file bill to create Jefferson County Health Advisory Board, limit power of county health officer

State Rep. David Wheeler, R-Vestavia Hills, has announced plans to file a bill which would limit the power of the Jefferson County health officer, which is currently Dr. Mark Wilson.

The bill, which has a partner bill in the state Senate, filed by state Sen. Shay Shelnutt, R-Trussville, would create a Jefferson County Citizens Health Advisory Board, which would have the power to make recommendations to the Board of Health, and would also be required to sign off on any proposed resolution, order or directive before it takes effect.

“I don’t have a problem with Dr. Wilson; I think he’s doing a great job,” Wheeler said. “I want average citizens to have a voice in the process.”

“The advisory board shall provide recommendations to the Jefferson County Board of Health on general policies, direction, strategies, and the mission of the Jefferson County Board of Health as the advisory board deems appropriate,” the bill reads.

Wheeler said he’s heard from concerned residents and business owners whose small businesses were forced to close at the beginning of the COVID-19 pandemic, while larger businesses such as Target were allowed to stay open. While that order came from Gov. Kay Ivey, not Wilson, Wheeler said no government body should be picking “winners and losers,” and the residents of Jefferson County should have a say in any orders.

“Before issuing any resolution, order, or other directive encouraging or mandating county wide compliance, the Jefferson County Health Officer shall provide a copy of the proposed resolution, order, or directive to the Jefferson County Citizens Health Advisory Board and submit a written request to the advisory board to solicit recommendations regarding the subject and content of the resolution, order, or directive,” the bill continues. “The Jefferson County Health Officer may not issue the resolution, order, or directive until after he or she receives and considers any recommendations from the advisory board, provided the advisory board responses within 10 calendar days of receiving the health officer’s written request.”

The board would be made up of nine members, selected by different entities, and Wheeler said he wants it to be ethnically diverse and be a broad cross-section of Jefferson County residents. Wheeler said he isn’t necessarily hoping members of the advisory board would have a medical background because four medical professionals already oversee the health officer.

The entities which would be responsible for appointing one appointee each are: the Birmingham City Council, the Jefferson County Commission, the Jefferson County Mayors Association, the minority party of the Jefferson County legislative delegation in the Senate, the minority party of the Jefferson County legislative delegation in the House, the majority party of the Jefferson County legislative delegation in the Senate, the majority party of the Jefferson County legislative delegation in the House, and the Birmingham Business Alliance. The other member would be a superintendent in Jefferson County, who would be chosen by other superintendents in the School Superintendents of Alabama District 5, which includes Jefferson County schools.

Wheeler said he plans to file the bill Dec. 14, and the legislative session begins Feb. 2, 2021. The bill will only be voted on by members of the Jefferson County legislative delegation because it would only affect Jefferson County. The bill would not change anything in Mobile County, the only other county in Alabama with its own health officer.