Private Acts of 1965 Chapter 295

SECTION 1.  That there is hereby created and established in Decatur County, Tennessee, a Board of Trustees to be known and designated as the "Decatur County General Hospital Board of Trustees," to have full charge of the operation and maintenance of the Decatur County General Hospital in Decatur County, Tennessee.

SECTION 2.  That the Board of Trustees shall have and be vested with full, absolute and complete authority and responsibility for the operation, management, conduct and control of the business and affairs of the Decatur County General Hospital, including the selection and approval of a competent medical staff, and shall:

1. Determine the policies of the hospital, with relation to the patients therein and to community needs.
2. Provide equipment and facilities consistent with the needs of the patients of said hospital.
3. See that professional standards are maintained in the care of the sick.
4. Coordinate professional interest with administrative, financial and community needs.
5. Provide adequate finances by securing sufficient income and by enforcing business-like control of expenditures.
6. Provide for the safe administration of funds entrusted to said hospital.
7. Keep adequate records of the hospital finances and activities.
8. Surround the patients, within said hospital, with every reasonable protection, thereby fulfilling the moral and legal responsibility of the hospital, by exercising proper care and judgment in the selection of a qualified administrator, and of the medical, nursing, technical and other personnel of said hospital.

The authority and responsibility of the Board of Trustees shall include but shall not be limited to the establishment, promulgation and enforcement of rules, regulations and policies of the hospital, and upkeep and maintenance of all property belonging to the

hospital, the administration of all fiscal affairs of the hospital, the execution of all contracts, agreements and other instruments.

SECTION 3.  That said Board of Trustees shall be composed of seven (7) in number, who shall serve without compensation and who shall be elected in the manner and for the term hereinafter provided, but the members of said Board may be paid their necessary expenses, incurred in the proper discharge of their duties as members of the Board.

SECTION 4.  That the initial members of the Board of Trustees shall be as follows:  H. L. Townsend, Sr., Fred Alexander, Delmar Ballinger, Bob White, Kenneth Graves, Joe Gregory, Sr., George William White.  All said Trustees shall take office immediately after approval of this act by the Quarterly County Court of Decatur County, Tennessee, and certified to the Secretary of State.  The said H. L. Townsend, Sr., shall serve until the second Monday in October, 1965; the said Fred Alexander shall serve until the second Monday in October, 1966; the said Delmar Ballinger shall serve until the second Monday in October, 1967; the said Bob White shall serve until the second Monday in October, 1968; the said Kenneth Graves shall serve until the second Monday in October, 1969; the said Joe Gregory, Sr., shall serve until the second Monday in October, 1970; and the said George William White shall serve until the second Monday in October, 1971.  As the respective terms of the Trustees shall expire, the Quarterly County Court of Decatur County, Tennessee, at its regular October session each year shall elect a successor for a term of seven (7) years to fill the office of the Trustee whose term then expires.

SECTION 5.  That the members of the Board of Trustees shall be citizens of Decatur County, Tennessee.  No person shall be a member of the Board of Trustees if he is:

1. An employee of the Board;
2. A member of the medical staff or a licensed doctor, or physician, or a registered nurse;
3. The holder of a full time renumerative position in the county or city government, or a physician with the Tennessee Department of Public Health, or the Department of Public Welfare, or the United States Public Health Service.

SECTION 6.  That a Trustee whose term has expired shall continue to serve until his successor shall have been elected in the manner hereinabove provided.  In the event of death or resignation of a Trustee prior to the expiration of his term, his successor shall be elected by the Quarterly County Court of Decatur County, Tennessee, for the unexpired term.  Any incumbent Trustee shall be eligible for re-election.

SECTION 7.  That at the first meeting of the Board of Trustees the Board shall elect from its membership a Chairman, Vice-Chairman, and a Secretary and Treasurer.  Each of said officers to serve a term of two (2) years.  The Chairman shall preside at all meetings and shall otherwise carry out all duties as directed by the Board of Trustees.  The Vice-Chairman shall act as Chairman in the absence of the Chairman.  The Secretary and Treasurer shall before entering upon the discharge of his duties give a bond in such sums as the Board of Trustees may determine to secure the faithful performance of his duties.  The cost of said bond shall be included in the cost of the operations of the hospital.  The Secretary and Treasurer shall keep a record of all the meetings of said Board, reflecting all the proceedings of said meetings, and who shall be custodian of all monies belonging to said hospital, and who shall sign all checks drawn against the account of said hospital, together with the Administrator of the Hospital, or the Chairman of the Board of Trustees in case of the absence or inability of the Administrator to do so.  The Board of Trustees shall hold a regular monthly meeting, the date to be set by resolution of the Board of Trustees, and which date may be changed from time to time by resolution of the Board of Trustees.  Special meetings of the Board may be called by the Chairman, or any three (3) Trustees, upon notice to the Trustees at any time.

SECTION 8.  That the Board of Trustees may elect an Executive Committee from among the membership of the Board of Trustees, said Executive Committee to consist of three or more members for the purpose of carrying on the business of the Board of Trustees between the board's regular meetings, and to assist the Administrator in the operation of the hospital, and the powers of the Executive Committee shall be the powers of the said Board of Trustees when the full board is not in session; however, the Executive Committee shall report all its actions to the full Board of Trustees at its next meeting.  The Executive Committee shall organize itself, electing one of its members as Chairman, one as Vice-Chairman, and one as Secretary.  Said Executive Committee shall serve for a term of two (2) years.  The Executive Committee shall meet at such times as it may by resolution set, and may meet in special meetings called by the Chairman at any time, upon notification to the other members of said Committee.

SECTION 9.  That the Board of Trustees shall have authority to employ and appoint a Hospital Administrator for said hospital who shall hold office at the pleasure of the Board.  The Administrator shall not be a member of the Board of Trustees but shall be a qualified person, experienced in hospital administration, whose duties and responsibilities shall be as herein designated and as shall be determined and prescribed by the Board of Trustees.

The Board of Trustees shall select and approve the medical staff of the hospital, and all doctors, physicians and surgeons composing the medical staff of said hospital.

SECTION 10.  That the Administrator employed by the Board:

1. Shall be the chief executive officer of the hospital, subject to the by-laws, rules and regulations adopted by the Board, and shall be under the control and direction of the Board of Trustees.
2. Shall, with the consent of the Board of Trustees, equip the hospital with all necessary furniture, appliances, fixtures, equipment and needed facilities for the care and treatment of patients and for the use of the officers and employees thereof.
3. Shall be the purchasing agent for the hospital, and purchase all necessary supplies in such manner as shall be determined by the Board of Trustees.
4. Shall have general supervision and control of the records, accounts and bills of the hospital, and all internal affairs, and shall maintain discipline therein and shall enforce compliance with  the  obedience to all rules, by-laws and regulations adopted by the Board of Trustees for the government, discipline and management of said hospital, and the employees and patients thereof.
5. Shall make such further rules, regulations and orders as he may deem necessary, not inconsistent with law or the rules and regulations of the Board of Trustees.
6. Shall, under such rules and regulations and within the limits and in the manner prescribed by the Board of Trustees and with the advice and consent of said Trustees, employ such necessary personnel, including nurses' aides, supervisors, technicians and such other technical and general employees as shall be necessary or proper for the efficient performance of the business of the hospital, prescribe their duties and discharge such employees at his discretion for good cause, in keeping with good efficient and honest administration.
7. Shall keep or cause to be kept proper records and accounts of the business and operations of the hospital regularly, from day to day, in the books and records provided for that purpose and prescribed by the Board of Trustees and see that such records and accounts are correctly made up for the report of the Board of Trustees to the Quarterly County Court of Decatur County, Tennessee, as hereinafter required.
8. Shall collect, or cause to be collected, and receive all monies due the hospital and such monies, when collected, shall be deposited daily in the bank designated by the Board of Trustees in the same form as received; shall keep an accurate account of the same; shall pay the expenses of the operation of the hospital from funds available only by check drawn on the bank, and said check or checks to be countersigned by the Secretary and Treasurer of the Board of Trustees.  A complete report of the operations of the hospital shall be presented by the Administrator to the monthly meetings of the Board of Trustees.
9. Before entering upon the discharge of his duties, the Administrator shall give a bond in such sum as the Board of Trustees may determine to secure the faithful performance of his duties, the cost of the same to be included in the expense of the operation of the hospital.
10. Shall perform such other duties as the Board of Trustees may prescribe.

SECTION 11.  That the Board of Trustees shall fix the salary of the Administrator and, with the advice and consent of said Administrator, the salary of the other employees of the hospital within the limits of funds available for the maintenance and operation of said hospital.

SECTION 12.  That the Board of Trustees shall have the general superintendence, management, and control of said hospital grounds, buildings, officers and employees thereof, of the patients therein and of all matters relating to the government, discipline, contracts and fiscal concerns thereof, and make such other by-laws, rules and regulations as may be deemed by said Board necessary for the efficient and proper management and operation of said hospital, and for the carrying out of the purposes for which said hospital was established.

SECTION 13.  That the Board of Trustees shall have the books, records and accounts of the hospital audited by a reputable firm of independent certified public accountants for each fiscal year of the operation of the hospital, said fiscal year to begin on July 1st of each year, the audit to be completed within a reasonable time after the close of the fiscal year of the hospital.  A copy of the audit shall be filed with the County Court Clerk of Decatur County, Tennessee, and a copy thereof published in the Parsons News Leader.

The audit shall correctly set forth the operations of the hospital for the fiscal year.

The Board of Trustees shall annually present to the Quarterly County Court of Decatur County, Tennessee, at the April term of said Court, a report setting forth the operation of said hospital, both financially and otherwise, with such recommendations as to the financial needs of said hospital and as to the equipment needed or improvements necessary or desirable to be made to the hospital as shall appear to the Board to be necessary for the efficient and proper operation of the hospital, in order to furnish the patients in said hospital the proper care and attention.

SECTION 14.  That the Quarterly County Court of Decatur County, Tennessee, is hereby authorized to appropriate to the Decatur County General Hospital for the use of the Board of Trustees from the general funds, or such other funds not appropriated of said county, such sum as may be required to operate said hospital, and said Quarterly County Court is authorized and empowered to levy a tax, in addition to all other taxes, upon all taxable property within Decatur County, Tennessee, for the purpose of supplying funds necessary for the proper and efficient operation of said hospital.

SECTION 15.  That if any clause, sentence, paragraph, section or any part of this Act shall be held or declared to be unconstitutional and void, it shall not affect the remaining part or parts of this Act, it being hereby declared to be the legislative intent to have passed the remainder of this Act notwithstanding the part held to be invalid, if any.

All act, or part of Acts, in conflict herewith are hereby repealed.

SECTION 16.  That this Act shall have no effect unless the same shall have been approved by a two-thirds (2/3) vote of the Quarterly County Court of Decatur County, Tennessee.  Said action shall be taken within ninety (90) days after the approval of this Act by the Governor.  The approval or nonapproval of this Act by the Quarterly County Court of Decatur County, Tennessee, shall be proclaimed by the County Judge, countersigned by the County Court Clerk, and shall be certified by them to the Secretary of State.

SECTION 17.  That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed:  March 18, 1965.