3240

VETOES

reimbursed and through Medical Assistance and other program
reimbursements. These fiscal implications are compounded by
the autonomy conferred on the Corporation from both
Executive and Legislative control. Staff size and salary
levels would not be subject to budgetary controls, although
the cost of any increase will be borne, in part, by the
State.

While Senate Bill 121 addressed the administration of
several public health facilities, House Bill 1849 attempts
to deal with perceived personnel and management problems at
only one facility by removing its management from the State
system.

With respect to existing personnel at the Center, House
Bill 1849, at lines 400 through 405, states that these
employees may elect to remain in the State Merit System and
implies that the employees, in doing so, retain their
current jobs. In contrast, lines 522 through 528 specify
that all employees of the Center are transferred
automatically to the employ of the Corporation when it
assumes control of the Center. To remain in the State
system, the employees must accept reassignment to
"authorized available positions elsewhere within State
service." If positions are not available, or if available
positions are not convenient for the employees, they would
be required to terminate State service. Predictably, I have
received dozens of communications from current employees in
opposition to these seemingly conflicting provisions.

Further conflicting statements appear in the bill with
respect to the management of the Center by the Board of
Directors of the Corporation. As introduced, the bill
provided that the Board initially would have authority over
Montebello and eventually have authority over "other State
hospital centers as they are transferred to the jurisdiction
of the corporation." This provision was stricken by
amendment and the corresponding title reference was
stricken. However, references to the management and control
of other health facilities still appear in the provision
delineating the Board's general authority.

Finally, I believe it is relevant that the Department
of Budget and Fiscal Planning is awaiting the completion of
a consultant's study of the Montebello Center. That report
will address, in detail, the issues of the operation and
governance of Montebello. I believe that the consultant
should have the opportunity to complete this evaluation and
present it to the Executive and the General Assembly.

The Montebello Hospital Center has now regained its
accreditation, Programmatic and operational problems which
may remain must be dealt with for the benefit of the Center
itself and for the benefit of the entire State public health
system. I do not believe that House Bill 1849 is the proper
vehicle to attain this objective at this time.