12-1615.Donations of property for hospital
purposes; 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 for
recruitment or retention of professional staff.
(a) As used in this section, the term "hospital" means a medical care facility
as defined in K.S.A. 65-425 and amendments thereto and includes within its
meaning any clinic, school of nursing, long-term care facility and child-care
facility operated in connection with the operation of the medical care
facility.
(b) Any person desiring to make donations of money, personal property or
real estate, or to bequeath or devise any such property, for the purpose of
founding, establishing, building, furnishing or maintaining a hospital shall
have 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 city
hospital that may be provided for by law or to vest such title in any city of
this state, and when such gift, bequest or devise shall be to any city, if
there is no public hospital belonging to or under the control of
the city,
then the mayor of the city with the consent of the council,
or the
commissioners of any city under commission government, shall immediately name a
five member board of trustees for the hospital, and upon
qualification of the
trustees, the title shall vest in the trustees, and in any
such case, the
title shall thereafter be held and controlled by the board
according to the
terms of the deed, gift, devise or bequest of such property; and
as to such property, the board shall be held and considered
to be special
trustee. At any time subsequent to the initial appointment of a five member
board of trustees, the governing body by resolution may increase the number of
trustees to serve on the board to seven or nine members. In the event the
governing body does not increase by resolution the number of members to serve
on 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 expire
and a successor shall be appointed for a term of five years. In case of a
vacancy occurring other than by expiration of term of office a successor shall
be appointed for the unexpired term. All appointments shall be made in the same
manner as original appointments.
(d) Whenever the number of members of an existing board of trustees is
increased by resolution of the governing body of the city, the governing body
shall provide by resolution for the expiration of the terms of the members
appointed to the new positions on the board of trustees to coincide with the
expiration of the terms of the members serving on the board of trustees at the
time of the creation of the new positions so that no more than a simple
majority 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 this
subsection, their successors shall be appointed for terms of five years.
(e) The board of hospital trustees shall be authorized
to enter into an employment contract to engage the services of an
administrator or chief executive officer to manage the affairs of the hospital
and which establishes compensation for such services and the terms of
engagement; to
establish
and fund pension and deferred compensation plans for hospital employees;
and to procure contracts insuring hospital employees, their dependents, or any
class or classes thereof under a policy or policies of life, disability
income, health, accident, accidental death and dismemberment, and hospital,
surgical and medical expense insurance. The employee's contribution, if
any, to the plan and to the premium for such insurance may be deducted by
the employer from the employee's salary when authorized in writing by the
respective employee so to do. The board may also expend funds deemed necessary
in the recruitment or retention of professional staff including, but not
limited to, the
purchase of professional liability insurance for such staff.
(f) The person making a deed or gift, or the testator, may provide for
an advisor or advisory board not exceeding five persons in number to advise
and aid in carrying out the wishes of the donor or testator, but such advisor
or advisors shall have no vote on the board of trustees unless a legal member
thereof.
12-1615.Donations of property for hospital
purposes; 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 for
recruitment or retention of professional staff.
(a) As used in this section, the term "hospital" means a medical care facility
as defined in K.S.A. 65-425 and amendments thereto and includes within its
meaning any clinic, school of nursing, long-term care facility and child-care
facility operated in connection with the operation of the medical care
facility.
(b) Any person desiring to make donations of money, personal property or
real estate, or to bequeath or devise any such property, for the purpose of
founding, establishing, building, furnishing or maintaining a hospital shall
have 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 city
hospital that may be provided for by law or to vest such title in any city of
this state, and when such gift, bequest or devise shall be to any city, if
there is no public hospital belonging to or under the control of
the city,
then the mayor of the city with the consent of the council,
or the
commissioners of any city under commission government, shall immediately name a
five member board of trustees for the hospital, and upon
qualification of the
trustees, the title shall vest in the trustees, and in any
such case, the
title shall thereafter be held and controlled by the board
according to the
terms of the deed, gift, devise or bequest of such property; and
as to such property, the board shall be held and considered
to be special
trustee. At any time subsequent to the initial appointment of a five member
board of trustees, the governing body by resolution may increase the number of
trustees to serve on the board to seven or nine members. In the event the
governing body does not increase by resolution the number of members to serve
on 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 expire
and a successor shall be appointed for a term of five years. In case of a
vacancy occurring other than by expiration of term of office a successor shall
be appointed for the unexpired term. All appointments shall be made in the same
manner as original appointments.
(d) Whenever the number of members of an existing board of trustees is
increased by resolution of the governing body of the city, the governing body
shall provide by resolution for the expiration of the terms of the members
appointed to the new positions on the board of trustees to coincide with the
expiration of the terms of the members serving on the board of trustees at the
time of the creation of the new positions so that no more than a simple
majority 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 this
subsection, their successors shall be appointed for terms of five years.
(e) The board of hospital trustees shall be authorized
to enter into an employment contract to engage the services of an
administrator or chief executive officer to manage the affairs of the hospital
and which establishes compensation for such services and the terms of
engagement; to
establish
and fund pension and deferred compensation plans for hospital employees;
and to procure contracts insuring hospital employees, their dependents, or any
class or classes thereof under a policy or policies of life, disability
income, health, accident, accidental death and dismemberment, and hospital,
surgical and medical expense insurance. The employee's contribution, if
any, to the plan and to the premium for such insurance may be deducted by
the employer from the employee's salary when authorized in writing by the
respective employee so to do. The board may also expend funds deemed necessary
in the recruitment or retention of professional staff including, but not
limited to, the
purchase of professional liability insurance for such staff.
(f) The person making a deed or gift, or the testator, may provide for
an advisor or advisory board not exceeding five persons in number to advise
and aid in carrying out the wishes of the donor or testator, but such advisor
or advisors shall have no vote on the board of trustees unless a legal member
thereof.
12-1615.Donations of property for hospital
purposes; 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 for
recruitment or retention of professional staff.
(a) As used in this section, the term "hospital" means a medical care facility
as defined in K.S.A. 65-425 and amendments thereto and includes within its
meaning any clinic, school of nursing, long-term care facility and child-care
facility operated in connection with the operation of the medical care
facility.
(b) Any person desiring to make donations of money, personal property or
real estate, or to bequeath or devise any such property, for the purpose of
founding, establishing, building, furnishing or maintaining a hospital shall
have 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 city
hospital that may be provided for by law or to vest such title in any city of
this state, and when such gift, bequest or devise shall be to any city, if
there is no public hospital belonging to or under the control of
the city,
then the mayor of the city with the consent of the council,
or the
commissioners of any city under commission government, shall immediately name a
five member board of trustees for the hospital, and upon
qualification of the
trustees, the title shall vest in the trustees, and in any
such case, the
title shall thereafter be held and controlled by the board
according to the
terms of the deed, gift, devise or bequest of such property; and
as to such property, the board shall be held and considered
to be special
trustee. At any time subsequent to the initial appointment of a five member
board of trustees, the governing body by resolution may increase the number of
trustees to serve on the board to seven or nine members. In the event the
governing body does not increase by resolution the number of members to serve
on 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 expire
and a successor shall be appointed for a term of five years. In case of a
vacancy occurring other than by expiration of term of office a successor shall
be appointed for the unexpired term. All appointments shall be made in the same
manner as original appointments.
(d) Whenever the number of members of an existing board of trustees is
increased by resolution of the governing body of the city, the governing body
shall provide by resolution for the expiration of the terms of the members
appointed to the new positions on the board of trustees to coincide with the
expiration of the terms of the members serving on the board of trustees at the
time of the creation of the new positions so that no more than a simple
majority 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 this
subsection, their successors shall be appointed for terms of five years.
(e) The board of hospital trustees shall be authorized
to enter into an employment contract to engage the services of an
administrator or chief executive officer to manage the affairs of the hospital
and which establishes compensation for such services and the terms of
engagement; to
establish
and fund pension and deferred compensation plans for hospital employees;
and to procure contracts insuring hospital employees, their dependents, or any
class or classes thereof under a policy or policies of life, disability
income, health, accident, accidental death and dismemberment, and hospital,
surgical and medical expense insurance. The employee's contribution, if
any, to the plan and to the premium for such insurance may be deducted by
the employer from the employee's salary when authorized in writing by the
respective employee so to do. The board may also expend funds deemed necessary
in the recruitment or retention of professional staff including, but not
limited to, the
purchase of professional liability insurance for such staff.
(f) The person making a deed or gift, or the testator, may provide for
an advisor or advisory board not exceeding five persons in number to advise
and aid in carrying out the wishes of the donor or testator, but such advisor
or advisors shall have no vote on the board of trustees unless a legal member
thereof.