ADOPTED 03/02/1999

SUBSTITUTE RESOLUTION NO. SR99-1413

A substitute resolution authorizing the Metropolitan Mayor to execute any and all documents between The Metropolitan Government of Nashville and Davidson County and the Hospital Authority of The Metropolitan Government of Nashville and Davidson County regarding the transfer and assumption of all properties, functions and obligations of Metropolitan Nashville General Hospital and Bordeaux Hospital to the Hospital Authority of The Metropolitan Government of Nashville and Davidson County; requiring the Hospital Authority to maintain the same civil service status and employee benefits for all Hospital Authority employees currently enjoyed by employees of Metropolitan Nashville General Hospital and Bordeaux Hospital; requiring the Hospital Authority to provide injured on duty medical care to all employees of The Metropolitan Government of Nashville and Davidson County and medical care to inmates incarcerated in Davidson County for whom the Metropolitan Government must provide hospitalization; and requiring Metropolitan Council approval of any Hospital Authority contract that would require Metropolitan Council approval under Section 4.12.095 of the Metropolitan Code of Laws.

Whereas, the Metropolitan Council has approved Resolution No. R99-1410 creating the Hospital Authority of The Metropolitan Government of Nashville and Davidson County ("Hospital Authority") and Resolution No. R99-1412 appointing a Board of Trustees of the Hospital Authority; and

Whereas, Tennessee Code Annotated, 7-57-201 authorizes the Metropolitan Government and the Hospital Authority to enter into an agreement for the orderly transfer to the authority of the hospital properties, functions and outstanding obligations of Metropolitan Nashville General Hospital ("MNGH") and Bordeaux Hospital; and

Whereas, Tennessee Code Annotated, 7-57-308 authorizes the Metropolitan Government to appropriate such sums from its general fund as the Metropolitan Council deems necessary for the maintenance or operation of General Hospital and Bordeaux Hospital to the hospital authority and to advance or lend money or real or personal property to the authority to carry out its purposes; and

Whereas, Tennessee Code Annotated, 7-57-301 authorizes the Metropolitan Government and the Hospital Authority to enter into agreements regarding the transfer of employees and the retention by such employees of existing civil service status, accrued pension, disability, hospitalization, death or other fringe benefits; and

Whereas, the Metropolitan Charter, Section 13.12, requires the board of hospitals to provide medical treatment, free of charge, to all employees entitled to benefits, for injuries from accidents arising out of the course and scope of employment; and

Whereas, the Metropolitan Council desires to authorize the Metropolitan Mayor to execute any agreements necessary to transfer to the Hospital Authority monies in the approved budget for MNGH and Bordeaux Hospital to operate during the remainder of fiscal year 98-99 and to enter into any of the agreements described above.

Now, therefore, be it resolved by the Metropolitan County Council of The Metropolitan Government of Nashville and Davidson County, Tennessee, as follows:

Section 1. The Metropolitan Mayor is hereby authorized to execute any and all agreements, consents, assignments and/or other documents, in such form as may be approved by the Director of Finance and the Director of Law, between The Metropolitan Government of Nashville and Davidson County ("Metropolitan Government") and the Hospital Authority of The Metropolitan Government of Nashville and Davidson County (Hospital Authority) necessary to effectuate: a) the transfer of the remainder of the budget appropriation for FY 1998-99 for Metropolitan Nashville General Hospital ("MNGH") and Bordeaux Hospital; b) the transfer of the lease agreement between the Metropolitan Government and Meharry Medical College, dated December 1, 1994 (the "Meharry Lease"); c) the budgetary, accounting, payment, administrative, and other financial procedures or processes required; d) the conveyance, lease or other transfer of the current obligations, liabilities and assets of MNGH, including the primary/urgent care clinic contemplated by Ordinance No. 092-339, as amended, adopted by the Metropolitan Council on August 18, 1992, wherever located and, Bordeaux Hospital, such transfer to include any and all contractual rights and obligations, equipment, inventory, and all interests in property, both real and personal which the Metropolitan Government possesses; e) the processing and administration of payroll for Authority employees at MNGH and Bordeaux Hospital; f) the processing and administration of procurement of goods and services for the benefit of MNGH and Bordeaux Hospital; g) the provision of legal services on behalf of MNGH and Bordeaux Hospital; and h) the processing and administration of employee benefits for Hospital Authority employees at MNGH and Bordeaux Hospital.

Section 2. The employees transferred to the Hospital Authority shall retain the same civil service status they currently enjoy. Any new positions created by the Hospital Authority that are proposed to be non-civil service or any decision to change a position from civil service to non-civil service shall be approved by an Ordinance adopted by the Metropolitan Council. The civil service rules and regulations adopted by the Hospital Board of the Metropolitan Government, and the most recently approved Memorandum of Understanding ("MOU") between the Hospital Board of the Metropolitan Government and the employee representatives shall apply. The Board of Trustees of the Hospital Authority shall establish and adopt civil service rules and regulations and shall constitute a civil service board as provided in Section 10.206 of the Metropolitan Charter and may approve an MOU with employee representatives in the same manner as the Hospital Board of the Metropolitan Government.

Section 3. The employees transferred to the Hospital Authority shall receive the same pay they currently receive and as approved by Resolution No. R97-737. Prior to July 1, 2000, the Board of Trustees shall develop a pay plan which includes: (1) a job description of every civil service position; (2) a classification plan that assigns each position by title to one class; and (3) an assignment of each classification to grades equitably related to each other on the basis of function, responsibility and nonwage benefits, with the percentage between the high and low salary range for each grade.

Section 4. The employees transferred to the Hospital Authority shall remain participants in the same pension, health and other benefit plans in which they currently participate and receive the same level of benefits as other participants in the same plans.

Section 5. The Hospital Authority shall provide medical treatment, free of charge, to all employees entitled to benefits, for injuries from accidents arising out of the course and scope of employment.

Section 6. The Hospital Authority shall provide medical treatment to inmates incarcerated in Davidson County who are admitted at MNGH, for whom the Metropolitan Government has responsibility to provide medical care.

Section 7. Any contract approved by the Hospital Authority, which would require the approval of the Metropolitan Council under the provisions of Section 4.12.095 of the Metropolitan Code of Laws must also be approved by the Metropolitan Council.

Section 8. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Melvin Black

Amendment No. 1

To

Substitute Resolution No. SR99-1413

Mr. President,

 I move to amend Section 7. of Substitute Resolution No. R99-1413 by adding the following proviso at the end of the subsection:

 

; provided however, that the contract between the Vanderbilt University Medical Center and the Hospital Authority regarding the management of Nashville General Hospital is hereby approved in accordance with Section 4.12.095 of the Metropolitan Code of Laws.

Sponsored by: Charles Fentress
Amendment Adopted:  March 2, 1999

LEGISLATIVE HISTORY

Referred to: Planning Commission - Approved 6-0 (2/18/99)
Budget & Finance Committee
Health, Hospitals & Social Services Committee
Planning & Zoning Committee
Substitute Introduced: February 16, 1999
Deferred: February 16, 1999
Amended: March 2, 1999
Adopted: March 2, 1999
Approved: March 3, 1999
By: mayor.gif (527 bytes)