Section 71 Powers and duties of trustees - Massachusetts Statutes

Section 71. Said board of trustees shall have the management and control of said home and all property, real and personal, of the commonwealth and occupied or used by said home. In the management and control of said home as aforesaid, said board of trustees shall (1) adopt, issue and promulgate reasonable rules and regulations governing outpatient treatment at, admission to, and hospitalization in, said home, and (2) appoint a superintendent. The superintendent shall be the administrative head of the home. He shall, subject to the approval of the trustees, appoint and may remove a medical director, a treasurer, and assistant treasurer; such treasurer and assistant treasurer shall give bond for the faithful performance of their duties. The provisions of section forty-nine of chapter thirty-one shall apply to the appointment of such treasurer and assistant treasurer. The superintendent shall also appoint and may remove such other persons as he deems necessary for the proper and efficient operation of the facilities of the home. The medical director shall have responsibility for the medical, surgical, and outpatient facilities and shall make recommendations to the superintendent on the appointments of all physicians, nurses, and other medical staff. The superintendent may be removed by said board of trustees for inefficiency, failure to perform duties properly or other good cause. A superintendent sought to be so removed shall be notified of the proposed action, shall be furnished with a copy of the reasons therefor and shall be given a hearing before said board of trustees and be allowed to answer the charges preferred against him, either personally or by counsel. Within twenty days after the removal hereinbefore provided for, said superintendent may bring a petition in the superior court within and for the county wherein he resides, praying that the action of said board of trustees may be reviewed by the court, and, after such notice to said board of trustees as the court deems necessary, it shall review such action, hear the witnesses and shall affirm the decision of said board of trustees unless it shall appear that such decision was made without proper cause or in bad faith, in which case said decision shall be reversed and the petitioner be reinstated in his office without loss of compensation. The decision of the court shall be final and conclusive upon the parties. In addition to the foregoing, said board of trustees shall have the same powers and perform the same duties as are vested and imposed in the trustees of state hospitals under the provisions of sections fourteen A and fourteen C of chapter nineteen, so far as applicable.