CHAPTER 711

An Act to amend the Code of Virginia by adding a section numbered
87-84.8, providing for appointment by the Governor of a Business
Manager for the Department of Mental Hygiene and Hospitals and
to empower the Governor to prescribe the duties and fix his com-

pensation.
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CH. 711] ACTS OF ASSEMBLY 1061

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
37-34.3 as follows:

§ 37-34.3. Notwithstanding any other provision of law to the contrary,
the Governor may, whenever he deems the public interest to so require,
appoint a business manager, to serve at his pleasure, for the Department
of Mental Hygiene and Hospitals. Such appointment shall be subject to
confirmation by the General Assembly, if in session, and if not in session,
then at its next succeeding session. The duties of such business manager
shall be defined by the Governor by executive order and shall include, but:
not be limited to, the supervision and responsibility for the procurement,
distribution, preparation and serving of food at the mental hospitals,
general business management of the hospitals, farm operations, grounds
and buildings and. employment of personnel necessary to aid him in the
discharge of his duties. Such executive order shall fix the salary of the
business manager commensurate with his duties and responsibilities. Such
salary and all other cost of his office, including all personnel under his juris-
diction, shall be payable out of the appropriation for the maintenance and
operation of the Department of Mental Hygiene and Hospitals.

The business manager shall be notified of and may attend the meetings
of the Board as the representative of the Governor with respect to the busi-
ness management phases of the operation of the hospital system. He shall
be responsible only to the Governor and perform such other duties as may
be assigned to him by the Governor for the purpose of promoting an
efficient and economical administration of the State hospital system.
Nothing in this section shall be construed as interfering with any other
duties imposed by law upon the State Hospital Board or the Commissioner
of Mental Hygiene and Hospitals in matters relating to the care and treat-
ment of patients, employment of medical, nursing and other related per-
sonnel, when same are not in conflict with the duties to be exercised by the
business manager under the direction of the Governor.

Within ninety days after the effective date of this act, the Department
of Mental Hygiene and Hospitals and the State Hospital Board shall submit
to the Governor, for his information, a detailed chart, plan and arrange-
ment setting forth, respectively, the following matters: (a) those duties,
tasks and functions which relate solely to the procurement, distribution,
preparation and serving of food at the mental hospitals, the general busi-
ness management of the hospitals, the farm operations, care of grounds and
buildings, and employment of personnel necessary for assisting the busi-
ness manager; (b) those duties, tasks and functions which relate solely to
the care and treatment of patients, and employment of medical, nursing and
other related personnel required for the care and rehabilitation of patients
in such hospitals; (c) those duties, tasks and functions which partake so
essentially of both of the preceding matters ‘that a separation is not prac-
tical or feasible. The State Hospital Board shall set forth the foregoing
information in such detail as the Governor may require and upon the
receipt of the foregoing the Governor may use the same in defining the
duties of the business manager.

The appointment by the Governor hereunder shall immediately vacate
and terminate the office, duties and responsibilities of any business
manager serving under appointment of the State Hospital Board. When-
ever it is determined by the Governor that the need for the power and
authority hereby conferred no longer exists, he shall by executive order
relinquish such authority and restore same to the exercise of the State
Hospital Board.

2. An emergency exists and this act is in force from its passage.