N.Y. General Municipal Law § 128: General powers and duties of managers

§ 128. General powers and duties of managers. The board of managers

shall:

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.