N.Y. General Municipal Law 128 – General powers and duties of managers
§ 128. General powers and duties of managers. The board of managers shall:
Terms Used In N.Y. General Municipal Law 128
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
1. Elect from among its members annually a president, a vice-president, and a secretary. It shall appoint a superintendent of the hospital, who shall not be a member of the board of managers, and who shall hold office at the pleasure of said board.
2. Erect all necessary buildings; make all necessary improvements and repairs and alter any existing buildings, for the use of said hospital, provided that all expenditures for new buildings or alterations, other than ordinary repairs, shall first be authorized by the governing board of the county, town, city or village and the plans therefor approved by the state board of charities.
3. Fix the salary of the superintendent and the number and salaries of all other employees, within the limits of the appropriation made therefor by the governing board, and such salaries, together with maintenance when provided, shall be compensation in full for all services rendered. The board of managers may determine the amount of time required to be spent at the hospital by said superintendent in the discharge of his duties, and may also determine in what cases maintenance shall be provided for nurses and other employees of the hospital.
4. Provide for the medical care and treatment of all persons admitted to the hospital; and shall appoint and may at pleasure remove resident, visiting and consulting physicians and surgeons; and shall establish rules and regulations governing the service thereof.
5. Have the general superintendence, management and control of the said hospital and of the grounds, buildings, officers, employees and inmates thereof; and of all matters relating to the government, discipline, contracts and fiscal concerns thereof; and make such rules and regulations as may seem to them necessary for carrying into effect the purposes of such hospital; and may designate the purchasing agent of any municipality as the purchasing agent of said board for the purchasing of all necessary furniture, appliances, fixtures and other needed facilities for the care and treatment of patients and for the use of officers and employees thereof, and all necessary supplies, and said purchasing agent shall render a monthly report of his activities to said board.
5-a. Institute actions at law and in equity for the collection of claims and obligations due to the hospital from any and all causes, and to prosecute, compromise or settle such claims and obligations, and to retain counsel to conduct such litigations, provided that a board of managers may contract with a private collection agency for the collection of overdue claims and obligations.
6. Maintain an effective inspection of said hospital, and keep itself informed of the affairs and management thereof; shall meet at the hospital at least once in every month, and at such other times as may be prescribed in the by-laws; and shall hold its annual meeting at least three weeks prior to the meeting of the governing board at which appropriations for the ensuing year are to be considered.
7. Keep in a book provided for that purpose a proper record of its proceedings, which shall be open at all times to the inspection of its members, of the members of the governing board and of duly authorized representatives of the state board of charities.
8. Notwithstanding the provisions of any other general law, and subject to such rules and regulations as the governing board may prescribe, audit all bills and accounts payable out of funds within its jurisdiction and order their payment by the fiscal officer of the county, town, city or village. Fixed salaries and the compensation for services of employees or officers regularly engaged by the hospital at agreed wages by the hour, day, week, month or year may be paid without prior audit. When authorized by resolution of the governing board the board of managers may appoint a treasurer in the manner provided in subdivision four of section one hundred twenty-six of this chapter. Notwithstanding the provisions of any other general law, the treasurer shall pay the bills and accounts ordered paid by the board of managers and at least once in each month shall transmit to the governing board an itemized statement thereof, which statement shall also include all payments made by the treasurer for fixed salaries and wages.
9. Make to the governing board of the county, town, city or village by which the hospital is maintained, at such times as said board shall direct, a detailed annual report of the operations of the hospital, the number of patients received, the methods and results of their treatment, and such other matters as may be required of them. Such reports, except in the case of counties, shall include full and detailed estimates of the appropriations required during the ensuing year for all purposes, including maintenance, erection of buildings, repairs, improvements and other necessary purposes.
10. Provide at their discretion ambulance service to bring patients to or remove them from said hospital, and to adopt a schedule of appropriate charges and collect the same for said service, and in so doing to establish, own and operate said service itself or to contract with a county in which said hospital is located, or with a city, town or village included in the hospital district, or with a private concern, for the supply and operation of such ambulance service for said hospital and its district. Any such contract may include provisions for purchase of equipment, hiring and payment of necessary employees, establishment of a schedule of charges and collection of the same, payment by the hospital of said collections or other costs to the county, city, town, village or private concern, supplying the service, reimbursement to any said county, city, town, village or private concern supplying said service by the city, village or town using such service, and for coverage with insurance or by existing provisions of law of all employees engaged in, and persons using such service, and other necessary matters.