104. The executive director of a public institution shall be appointed by the board of directors.
The executive director of a private institution shall be appointed by the owner of the institution.
The executive director of a public institution shall, under pain of forfeiture of office, devote himself exclusively to the work of the council and the duties of his office.
Notwithstanding the foregoing, he may hold any additional employment, office or function or provide any additional service, if no remuneration or direct or indirect benefit is paid or granted to him therefor.
An executive director may, with the authorization of the board of directors, hold, outside the health and social services sector, any additional employment, office or function or provide any additional service for which a remuneration or a direct or indirect benefit is paid or granted to him.
Similarly, an executive director may, with the authorization of the Minister and of the board of directors, hold, within the health and social services sector, an additional employment, office or function or provide any additional service for which a remuneration or a direct or indirect benefit is paid or granted to him. However, only the authorization of the board of directors is required in the case of an office or function held within an association consisting of the majority of institutions of a same category or within an association of executive directors of health services and social services recognized by order for labour relations purposes.
An executive director may also hold an elective public office.
The board of directors of a public institution must, on becoming aware that its executive director is contravening any of the rules prescribed in this section, suspend him without remuneration or take measures with the view of instituting proceedings for forfeiture of office against him according to the seriousness of the contravention. It must also, within the ten following days, inform the Minister thereof and indicate to him the nature of the situation and the measures taken. Any suspension imposed under this paragraph may vary from three to six months.
An executive director who is forfeited of office becomes disqualified from holding any office or employment in any public institution or regional council for the period determined in the judgment. The disqualification period shall not exceed three years.
1971, c. 48, s. 69; 1981, c. 22, s. 75; 1986, c. 57, s. 6; 1987, c. 104, s. 7; 1992, c. 21, s. 375.