SMITH v. COMMISSIONER OF MENTAL RETARDATION

No. 88-P-1197.

28 Mass. App. Ct. 628 (1990)

554 N.E.2d 1215

ANNE MARIE SMITH vs. COMMISSIONER OF MENTAL RETARDATION & others.

Appeals Court of Massachusetts, Hampden.

June 1, 1990.


Attorney(s) appearing for the Case

Stephen R. Kaplan for the plaintiff.

Richard M. Brunell, Assistant Attorney General, for the defendants.

Present: ARMSTRONG, CUTTER, & KASS, JJ.


KASS, J.

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,

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