CHAPTER 297

AN ACT to amend and reenact § 37-34.3 of the Code of Virginia, relating
to the appointment by the Governor of a Business Manager for the
Department of Mental Hygiene and Hospitals, and to the powers of
the Governor to prescribe the duties and fix the compensation of such
Business Manager.

[S 100]

Approved March 12, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 37-34.3 of the Code of Virginia be amended and reenacted
as follows:

§ 37-34.8. Notwithstanding any other provision of law to the con-
trary, 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 jurisdiction, shall be payable out of the appropriation for the mainte-
nance 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
business 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 Governor requests the same in writing,
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 arrangement 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 business management of the hospitals, the farm
operations, care of grounds and buildings, and employment of personnel
necessary for assisting the business 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 practical or feasible. The State Hospital
Board shall set forth the foregoing information in such detail as the Gov-
ernor 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 man-
ager serving under appointment of the State Hospital Board. Whenever
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.