Decree No. 2022/411 of 1 September 2022 to lay down the establishment, organization and functioning of the Garoua General Hospital
The President of the Republic, hereby decrees as follows:
ARTICLE 1: This decree lays down the establishment, organization and functioning of the Garoua General Hospital, abbreviated as "GGH" and hereinafter referred to as "the Hospital".
ARTICLE 2: (1) The Hospital shall be a public hospital establishment.
(2) It shall have legal and financial autonomy.
(3) It shall be headquartered in Garoua.
ARTICLE 3: The Hospital shall:
- Deliver high quality medical and paramedical care;
- serve as a teaching facility for training technical and administrative staff, in particular specialists in various medical and paramedical disciplines;
- promote cooperation and research in health sciences;
- participate directly or indirectly in all scientific, health or medical activities or operations related to its corporate purpose.
SUPERVISORY AUTHORITY, MANAGEMENT AND PERFORMANCE MONITORING
ARTICLE 4: The Hospital shall be under the technical supervisory authority of the Ministry in charge of public health.
In that capacity, the technical supervisory authority shall ensure:
- compliance of activities carried out by the Hospital with Government's public policy guidelines on health, subject to the powers vested in the Board of Directors;
- compliance of resolutions of the Board of Directors with the laws and regulations in force, as well as sector policy guidelines.
ARTICLE 5: The Hospital shall be under the financial supervisory authority of the Ministry in charge of finance.
In that capacity, the financial supervisory authority shall ensure:
- compliance of the Hospital's management operations having a financial impact with the laws and regulations governing public finance, as well as the ex-post regularity of accounts;
- regularity of Board resolutions with a financial impact;
- sustainability of the Hospital's financial commitments and overall consistency of its performance plans with sector programmes.
ARTICLE 6: (1) The Minister in charge of public health and the Minister in charge of finance shall, in conjunction with the Board of Directors, monitor the performance of the Hospital. The Hospital shall submit to them all documents and information pertaining to its activities.
(2) The documents and information referred to in (1) above shall include performance plans, action plans, annual performance reports,
Financial Controller's report, administrative and management accounts, updated staff situation and salary scale.
(3) The Ministers concerned shall file to the President of the Republic, annual reports on the situation of the Hospital of which they have technical and financial oversight.
ORGANIZATION AND FUNCTIONING
ARTICLE 7: The management organs of the Hospital shall be the following:
- Board of Directors;
1- BORD OF DIRECTORS
ARTICLE 8: (1 ) The Board of Directors shall comprise 10 (ten) members.
(2) Besides the Chairperson, the Board of Directors of the Hospital shall comprise:
- 1 (one) representative of the Presidency of the Republic;
- 1 (one) representative of the Prime Minister's Office;
- 1 (one) representative of the Ministry in charge of public health;
- 1 (one) representative of the Ministry in charge of finance;
- 1 (one) representative of the Ministry in charge of public investment;
- 1 (one) representative of the Ministry in charge of higher education;
- 1 (one) representative of the Garoua City Council;
- 1 (one) representative of the Faculty of Medicine and Biomedical
- Sciences of the University of Garoua;
- 1 (one) peer-elected representative of the Hospital staff.
ARTICLE 9: (1) The Chairperson of the Board of Directors of the Hospital shall be appointed by decree of the President of the Republic for a three year term, renewable once.
(2) Board members shall be appointed by decree of the President of the Republic, on the recommendation of the government services they represent for a three-year term, renewable once.
(3) The instrument appointing the Board Chairperson of the Hospital in accordance with (1) and (2) above shall automatically confer upon such person, the status of board member.
ARTICLE 10: (1) The term of office of a board member shall expire:
- upon loss of the status that warranted the appointment;
- through dismissal following gross misconduct or activities incompatible with the duty of board member;
- at normal due date;
- upon death or resignation.
(2) In any of the cases provided for in (4) above, he/she shall be replaced following the same procedure as for his/her appointment.
ARTICLE 11: (1) Six (6) months to the expiry of a board member's term of office, the Board Chairperson shall notify the entity which such member represents for his/her replacement.
(2) No board member may sit upon expiry of his/her term of office.
(3) Upon the expiry of the Board Chairperson's term of office, the Minister in charge of public health shall notify the appointing authority thereof.
(4) In case of death of a sitting board member, or in any case where he/she is no longer able to perform his/her duties, the body he/she represents shall appoint another member to complete his/her term of office.
ARTICLE 12: (1) The Board of Directors shall define and guide the general policy and evaluate the management of the Hospital, within the limits fixed by its missions, and subject to the laws and regulations in force.
In that regard, it shall:
- set the objectives and approve the performance plans of the Hospital, in accordance with sector objectives;
- adopt the budget together with the performance plan of the Hospital, and close the books;
- approve annual performance reports;
- adopt the organization chart and internal rules and regulations;
- authorize recruitment of the entire staff, in accordance with the recruitment plan proposed by the Director-General and approved by the Board of Directors;
- authorize the dismissal of staff, on the recommendation of the Director-General;
- appoint, on the recommendation of the Director-General, persons to duty posts, of the rank of sub-director, director and equivalent rank;
- accept any gifts, legacies and subsidies;
- approve performance contracts or any other agreements, including loans, prepared by the Director-General and having budgetary impacts;
- authorize all transfers of movable or immovable, tangible or intangible assets, in accordance with the regulations in force;
- ensure compliance with rules of governance and order audits to ensure proper management of the Hospital;
- set staff remunerations and benefits, in accordance with the laws and regulations in force, internal rules and regulations and budget estimates;
- fix the remunerations and benefits of the Board Chairperson, as well as the allowances of board members, in accordance with the regulations in force;
- fix the monthly remunerations and benefits of the Director-General and Deputy Director-General, in accordance with the regulations in force.
(2) The Board of Directors may delegate some of its powers to the Director-General.
ARTICLE 13: The Hospital Management shall provide secretarial services during board meetings.
ARTICLE 14: (1) The Board of Directors shall meet at least twice a year in ordinary session when convened by its Chairperson, as follows:
- one session that must be held prior to the start of the financial year, to consider the performance plan and adopt the budget;
- one session to be held no later than 30 June, to close the books.
(2) The Board Chairperson shall be found wanting where he/she fails to convene at least 2 (two) board meetings per year.
(3) In the event of refusal to convene a board meeting in accordance with (1) above, 2/3 (two-thirds) of board members shall notify the Minister in charge of finance who shall convene the Board meeting.
(4) The provisions of (3) above shall also apply should the Chairperson remain silent as a result of permanent incapacity duly established by the Board of Directors.
(5) The Board of Directors meeting may be convened in extraordinary session at the request of the Board Chairperson or of 2/3 (two-thirds) of its members to examine a set agenda.
ARTICLE 15: (1) In the event of vacancy of the position of Board Chairperson due to death, resignation or failure, board meetings shall be convened by the Minister in charge of finance at the behest of the Director General or of 2/3 (two-thirds) of board members.
(2) Board meetings convened in accordance with (1) above shall be chaired by a peer- elected board member.
ARTICLE 16: (1) Convening notices shall be sent by letter, fax, telegram, facsimile or any other means leaving written trace, at least 15 (fifteen) days before the scheduled meeting date, together with the files to be examined. In case of emergency, such period may be reduced to 5 (five) days.
(2) Convening notices shall indicate the agenda, date, venue and time of the meeting.
ARTICLE 17: (1) Any board member who is unavailable may request another member to represent him/her.
(2) No board member may represent more than one member at the same meeting.
(3) Any member present or represented at a board meeting shall be considered to have been duly convened.
(4) Where the Chairperson is absent, the Board of Directors shall elect a pro tem Chairperson from amongst its members, by a simple majority of the members present or represented.
ARTICLE 18: (1) The Board of Directors may validly deliberate on any agenda item only if at least 2/3 (two-thirds) of its members are present or represented. Where the quorum is not attained on the first sitting, another sitting shall be convened where the quorum shall be reduced to half of the board members.
(2) Each member shall have one vote. Decisions shall be taken by a simple majority of members present or represented. In the event of a tie, the Chairperson shall have the casting vote.
(3) Board decisions shall be taken by way of resolutions. They shall be signed at the meeting by the Board Chairperson, or Pro tem Chairperson, as the case may be, and a board member.
(4) The Board Chairperson may invite any natural or legal person, by virtue of their expertise on an agenda item, to take part in Board proceedings in an advisory capacity.
ARTICLE 19: (1) Board proceedings shall be recorded in the minutes signed by the Board Chairperson or Pro tem Chairperson and the Secretary. The minutes shall include the names of the members present or represented, as well those of persons invited in an advisory capacity. They shall be read and approved by the Board of Directors at the board meeting.
(2) Meeting minutes shall be recorded in a special register kept at the headquarters of the Hospital.
ARTICLE 20: (1) To discharge its duties, the Board of Directors may, as and when necessary, set up technical committees and commissions internally.
(2) Members of the committees or commissions referred to (1) above shall be entitled to working facilities and allowances, within the ceiling limits laid down by the regulations in force.
ARTICLE 21: (1) The Board Chairperson shall be entitled to a monthly allowance as well as benefits whose amounts shall be fixed by the Board of Directors, in accordance with the regulations in force
(2) Board members shall be entitled to a sitting allowance fixed by resolution of the Board of Directors, within the ceiling limits set by the regulations in force. They may claim reimbursement of expenses incurred during the sessions, upon presentation of supporting documents.
(3) The Board of Directors may grant special remuneration to its members for missions and tasks assigned to them, or authorize a refund of the travel expenses incurred in the interest of the Hospital, upon presentation of supporting documents.
ARTICLE 22: (1) The Board Chairperson and members shall be subject to the restrictive measures and incompatibilities provided for by the regulations in force.
(2) The Board Chairperson and members, as well as any other person invited to take part in Board meetings, shall also be bound by the obligation of confidentiality with regard to any information, facts and acts they have become privy to in the discharge of their duties.
ARTICLE 23: (1) The Management of the Hospital shall be under the authority of a Director-General, who may be assisted by a Deputy Director General.
(2) The Director-General and Deputy Director-General of the Hospital shall be appointed by decree of the President of the Republic.
ARTICLE 24: (1) The Director-General and Deputy Director-General shall be appointed for a three-year term of office, renewable twice.
(2) The renewal referred to in (1) above shall be tacit.
(3) In any case, the cumulative terms of office of the Director-General or Deputy Director-General shall not exceed 9 (nine) years.
(4) The Director-General and the Deputy Director-General shall be subject to the restrictive measures and incompatibilities provided for by the regulations in force.
ARTICLE 25: (1) The Director-General shall be responsible for implementing the general policy and managing the Hospital, under the supervision of the Board of Directors.
As such, he/she shall in particular:
- carry out the technical, administrative and financial management of the Hospital;
- draw up the annual programme of activities of the Hospital;
- prepare the draft budget and performance plan;
- produce the administrative accounts, and the annual performance report;
- prepare Board resolutions and ensure their implementation;
- propose a staff recruitment plan to the Board of Directors;
- appoint staff, subject to the powers devolved to the Board of Directors;
- manage the movable and immovable, tangible and intangible property of the Hospital, in accordance with its duties and under the supervision of the Board of Directors.
(2) The Board of Directors may delegate some of its responsibilities to the Director-General.
(3) The Director-General may delegate some of his/her powers.
ARTICLE 26: The Director General shall represent the Hospital in all matters of civil life and in court.
ARTICLE 27: (1) The Director-General or, where applicable, the Deputy Director-General, shall be answerable to the Board of Directors which may sanction him/her in case of gross mismanagement or misconduct likely to affect the smooth functioning or image of the Hospital.
(2) In the cases provided for in (1) above, the Board Chairperson shall convene an extraordinary Board meeting during which the Director General or Deputy Director-General shall be heard.
(3) The file containing the complaints shall be sent to the Director General or Deputy Director-General at least 10 (ten) days prior to the date of the extraordinary session.
(4) Hearings before the Board of Directors shall be adversarial.
(5) The Board of Directors may validly deliberate only in the presence of at least 2/3 (two-thirds) of its members. In such case, representation shall not be allowed.
ARTICLE 28: (1) The Board of Directors may impose the following sanctions on the Director-General or Deputy Director-General:
- suspension of some of his/her powers;
- suspension from his/her duties for a limited period, with immediate effect;
- suspension from his/her duties, with immediate effect coupled with a dismissal request submitted to the appointing authority.
(2) The decisions shall be forwarded to the Ministers in charge of public health and finance, at the behest of the Board Chairperson.
ARTICLE 29: Where the Director-General or Deputy Director-General is suspended from duty, the Board of Directors shall take the necessary measures to ensure the smooth running of the Hospital.
ARTICLE 30: (1) Where the Director-General is temporarily unavailable, the Deputy Director-General shall deputize.
(2) Where there is no Deputy Director-General, the Director-General shall appoint an official ranking at least as Director, to deputize.
(3) Where the position of Director-General becomes vacant due to death, resignation or expiry of the term of office, the Board of Directors shall take the necessary measures to ensure the smooth running of the Hospital, pending the appointment of a new Director-General by the
ARTICLE 31: The staff of the Hospital shall include:
- staff recruited by the Hospital;
- civil servants on secondment;
- State employees governed by the Labour Code placed at the disposal of the Hospital.
ARTICLE 32: Civil servants on secondment and State employees governed by the Labour Code placed at the disposal of the Hospital shall be governed by the labour legislation for the duration of their employment, subject to the provisions of the General Rules and Regulations of the Public Service and special rules and regulations relating to retirement, advancement and end of secondment.
ARTICLE 33: (1) The civil and/or criminal liability of the Hospital staff shall be subject to ordinary law regulations.
(2) Disputes between staff and the Hospital shall fall within the competence of ordi...