Smith v. Commissioner of Mental Retardation

As a provisional employee of the Commonwealth, Anne Marie Smith would not ordinarily have been entitled to a trial-type hearing to challenge her demotion from Supervisor of Individual Service Planning and Coordination to Day Care Services Specialist at the Monson Developmental Center (“Monson”). 2 See Rafferty v. Commissioner of Pub. Welfare, 20 Mass. App. Ct. 718, 723-725 (1985). In disciplining Smith, however, the superintendent of Monson, Donald J. Fletcher, cited as cause acts of intentional fabrication and dishonesty by her. The nature of the charge made by Fletcher raises the question…