June 30, 2010
To the Honorable Senate and House of Representatives:
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution, I am returning to you for amendment Sections 118 and 120 of House Bill No. 4800, "An Act Making Appropriations for the Fiscal Year 2011 for the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain Permanent Improvements."
Section 118 amends the definition of the Templeton Developmental Center (TDC) Committee to include additional representation by an employee of the Templeton Developmental Center. I do not object to the purposes of this section.
This section, however, fails to represent the Commonwealth of Massachusetts adequately. I recommend adding two additional members to the TDC Committee.
Section 120 allows the TDC Committee to make recommendations for the use of the TDC site. I do not object to the purposes of this section.
This section, however, allows the TDC Committee to recommend the continued use of the Templeton Developmental Center as a Department of Developmental Services (DDS) facility. This recommendation would directly negate DDS's proposed plan to close the Templeton Developmental Center by 2013. I recommend removing the language specifying the continued use of the Templeton Developmental Center as a state facility.
For these reasons, I recommend that Sections 118 and 120 be amended by striking out the text and inserting in place thereof the following text:-
SECTION 118. Said section 1 of said chapter 59 is hereby further amended by striking out the definition of "TDC committee" and inserting in place thereof the following definition:-
"TDC committee", the Templeton Developmental Center Visioning Committee, which shall include 3 representatives of the town of Templeton, 1 of whom shall be a member of the Templeton board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Templeton planning board or his designee, and 1 of whom shall be chosen by the Templeton board of selectmen; 1 representative of the community preservation committee; 1 representative of the division of capital asset management and maintenance; 1 representative of the department of developmental services; 1 representative of the executive office for administration and finance; 1 representative of the executive office of health and human services; 1 representative of the employees of the Templeton Development Center; and 1 representative of the legal guardians of the clients currently housed at Templeton Developmental Center; provided, however, that the members, other than the members who are representatives of the state agencies, shall be appointed annually by the local governing authority. The senator and representative who represent the town shall serve as ex-officio members.
SECTION 120. Said chapter 59 is hereby further amended by inserting after section 2 the following section:-
Section 2A. The TDC Committee shall evaluate and make recommendations to the commissioner on alternative uses for the TDC site. The TDC committee shall inform the town's governing authority and the local community periodically of its proposals and decisions relevant to the use of the TDC site.