[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 8-9-2006 by Ord. No. DR-263. Amendments noted where applicable.]
For over 143 years, St. Mary Hospital has been providing affordable
and convenient healthcare services to the residents of the City of
Hoboken, in the County of Hudson (the "City").
The City has been advised by St. Mary Hospital that it intends
to close and that it has submitted a Certificate of Need
to the New Jersey Department of Health and Senior Services for permission
to do so; and
It is hereby declared that a serious public emergency exists
affecting the health, safety and welfare of the people of the City
resulting from the fact that St. Mary Hospital may close, unless the
City takes certain actions.
The Legislature of the State of New Jersey (the "State") has
recently enacted the Municipal Hospital Authority Law, which authorizes
cities to acquire certain existing urban hospitals and to operate
them.
It is the purpose of this chapter to form such an authority
to acquire St. Mary Hospital in order to ensure that the citizens
of the City continue to have access to affordable healthcare, to maintain
and improve the health and welfare of its citizens and to the extent
deemed necessary by the City, for such facilities to obtain the financial
support and other resources from the City that are needed to operate.
The formation of such an authority, the acquisition by such
authority of St. Mary Hospital and the operation thereof by such authority
is hereby declared to be a public use and purposes.
The City Council now desires to create, through the provisions
of the Municipal Hospital Authorities Law, a Municipal Hospital Authority
to acquire and operate St. Mary Hospital.
Pursuant to Section 4 of the Municipal Hospital Authority Law,
there is hereby created a body corporate and politic and an agency
and instrumentality of the City known as the Hoboken Municipal Hospital
Authority (the "Municipal Hospital Authority").
The Municipal Hospital Authority shall consist of 11 members,
consisting of one Class I member, two Class II hospital members, six
Class III public members and two Class IV members. The Class I member
shall be the Mayor of the City or his designee, ex-officio. The Class
II hospital members shall serve on, and be appointed by, the medical
staff executive committee of the hospital, to terms concurrent with
their membership on the executive committee, and who need not be residents
of the City. The Class III public members shall be appointed by the
Mayor of the City, with the advice and consent of the City Council.
None of the Class III public members shall be officers or employees
of the City, the Municipal Hospital Authority or of the management
entity which is required to manage the hospital. At least four of
the Class III public members shall be residents of the City. At least
two of the Class III public members shall have special expertise as
follows: one shall have extensive expertise in finance of private
or nonprofit organizations, and one shall have extensive expertise
in nonprofit organizational management. The Class III public members
shall serve for terms of five years and until their respective successors
have been appointed and qualified; except that of the six members
first appointed by the Mayor, (i) one Class III public member shall
serve for an initial term ending on June 30, 2007; (ii) one Class
III public member shall serve for an initial term ending on June 30,
2008, (iii) one Class III public member shall serve for an initial
term ending on June 30, 2009; (iv) one Class III public member shall
serve for an initial term ending on June 30, 2010; and (v) two Class
III public members shall serve for an initial term ending on June
30, 2011. All subsequent terms of Class III public members shall be
for five years and shall be staggered in accordance with the above-referenced
schedule. The terms of all Class III public members shall begin on
July 1 and end on June 30, except that (A) the terms of office of
the initial Class III public members shall begin on the date(s) such
members are appointed and qualified, and (B) the term of office of
any Class III public member shall terminate if such member no longer
meets the above qualifications. The hospital's chief executive
officer or a designee thereof shall serve as a nonvoting Class IV
member. The Commissioner of Community Affairs of the State of New
Jersey shall appoint one individual as a nonvoting Class IV member.
Any vacancy occurring in the office of member, from any cause, shall
be filled in the same manner as the original appointment, but for
the unexpired term.
A certificate of the appointment or reappointment of each Class
III public member shall be filed with the Municipal Clerk, and that
certificate shall be conclusive evidence of the due and proper appointment
of that member. A member shall receive no compensation for services,
but shall be entitled to reimbursement from the Municipal Hospital
Authority for actual expenses necessarily incurred in the discharge
of the duties of member. The powers of the Municipal Hospital Authority
shall be vested in the members thereof in office from time to time.
Five voting members shall constitute a quorum for the purpose of conducting
business and exercising powers and all other purposes. Action may
be taken by the Municipal Hospital Authority upon the affirmative
vote of the majority, but not less than five of the voting members
present, unless in any case the bylaws of the Municipal Hospital Authority
shall require a larger number. The Municipal Hospital Authority shall
select a chairman and a vice-chairman from among the Class III public
members, and it may employ an executive director who may be its secretary.
For inefficiency or neglect of duty or misconduct in office,
a member may be removed by the governing body or officer by which
he was appointed; but a member may be removed only after the member
has been given a copy of the charges at least 10 days prior to the
hearing thereon and has had the opportunity to be heard in person
or by counsel. In the event of a removal of a member, a record of
the proceedings, together with the charges and findings thereon, shall
be filed in the office of the Municipal Clerk.
