12-1615.   Donations of property for hospitalpurposes; board of trustees, membership, terms of office, vacancies;administrator contracts; pension and deferred compensation plans for employees;contracts insuring employees and dependents; expenditure of funds forrecruitment or retention of professional staff.(a) As used in this section, the term "hospital" means a medical care facilityas defined in K.S.A. 65-425 and amendments thereto and includes within itsmeaning any clinic, school of nursing, long-term care facility and child-carefacility operated in connection with the operation of the medical carefacility.

      (b)   Any person desiring to make donations of money, personal property orreal estate, or to bequeath or devise any such property, for the purpose offounding, establishing, building, furnishing or maintaining a hospital shallhave the right to vest the title to the money or property so donated,bequeathed or devised in the board of directors or trustees of any cityhospital that may be provided for by law or to vest such title in any city ofthis state, and when such gift, bequest or devise shall be to any city, ifthere is no public hospital belonging to or under the control ofthe city,then the mayor of the city with the consent of the council,or thecommissioners of any city under commission government, shall immediately name afive member board of trustees for the hospital, and uponqualification of thetrustees, the title shall vest in the trustees, and in anysuch case, thetitle shall thereafter be held and controlled by the boardaccording to theterms of the deed, gift, devise or bequest of such property; andas to such property, the board shall be held and consideredto be specialtrustee. At any time subsequent to the initial appointment of a five memberboard of trustees, the governing body by resolution may increase the number oftrustees to serve on the board to seven or nine members. In the event thegoverning body does not increase by resolution the number of members to serveon the board of trustees, the board of trustees shall consist of five members.

      (c)   The members of the first board shall hold office for one, two, three,four and five years respectively. Each year the term of one member shall expireand a successor shall be appointed for a term of five years. In case of avacancy occurring other than by expiration of term of office a successor shallbe appointed for the unexpired term. All appointments shall be made in the samemanner as original appointments.

      (d)   Whenever the number of members of an existing board of trustees isincreased by resolution of the governing body of the city, the governing bodyshall provide by resolution for the expiration of the terms of the membersappointed to the new positions on the board of trustees to coincide with theexpiration of the terms of the members serving on the board of trustees at thetime of the creation of the new positions so that no more than a simplemajority of the members of the board of trustees is appointed at the same time.Upon the expiration of the terms of those originally appointed pursuant to thissubsection, their successors shall be appointed for terms of five years.

      (e)   The board of hospital trustees shall be authorizedto enter into an employment contract to engage the services of anadministrator or chief executive officer to manage the affairs of the hospitaland which establishes compensation for such services and the terms ofengagement; toestablishand fund pension and deferred compensation plans for hospital employees;and to procure contracts insuring hospital employees, their dependents, or anyclass or classes thereof under a policy or policies of life, disabilityincome, health, accident, accidental death and dismemberment, and hospital,surgical and medical expense insurance. The employee's contribution, ifany, to the plan and to the premium for such insurance may be deducted bythe employer from the employee's salary when authorized in writing by therespective employee so to do. The board may also expend funds deemed necessaryin the recruitment or retention of professional staff including, but notlimited to, thepurchase of professional liability insurance for such staff.

      (f)   The person making a deed or gift, or the testator, may provide foran advisor or advisory board not exceeding five persons in number to adviseand aid in carrying out the wishes of the donor or testator, but such advisoror advisors shall have no vote on the board of trustees unless a legal memberthereof.

      History:   L; 1913, ch; 203, § 1;R.S. 1923, § 12-1615;L; 1971, ch; 49, § 1;L; 1972, ch; 44, § 1;L; 1978, ch; 63, § 1;L; 1984, ch; 71, § 1;L. 1991, ch. 66, § 1;L. 2008, ch. 31, § 1; July 1.