Duties of the Board of Trustees

(a)The Board shall be liable for the negligent act of any hospital employee or officer, if the Board knew or had notice that said employee or officer was inefficient and incompetent to perform the services for which he was hired, or said Board retained such inefficient or incompetent person after knowledge or notice of such inefficiency or incompetency.

(b)No Trustee shall be liable for any decision made in the good faith, non-malicious fulfillment of his duties.

(c)The Board shall be liable as fiduciaries in the execution of their duties.

(d)No Trustee shall be actively engaged in the selling of services or goods to the Hospital without the express approval of the Board of Trustees. The form of approval shall be by the adoption of a Board Resolution confirming said approval. This restriction shall not apply to health care professionals who provide direct patient care services to the Hospital.

(e)No Trustee shall act when a conflict of interest occurs. The Trustee shall disclose the nature of the conflict of interest to the members present and abstain from any discussion or voting on the issue until it has been disposed of by action of the remaining members present. If a Trustee knowingly fails to disclose a conflict of interest in the manner listed herein and subsequently votes on an action to be taken by the Board, then the vote of the conflicted Trustee shall not be counted for purposes of constituting official Board action. Any Trustee who knowingly fails to disclose a conflict of interest in the manner listed herein shall be subject to removal from the Board, pursuant to § 80107 of this Chapter.

(f)[Repealed.]