Named as defendants were various Commonwealth officials with direct and indirect responsibility for the operation of these institutions. During the next three years, similar actions were filed on behalf of the clients at Fernald, Monson, Wrentham, and Dever. The basis of the action was plaintiffs' assertion that conditions at the school were so inadequate that they violated the residents' constitutional and statutory rights. A class action was filed in 1972 on behalf of the mentally retarded clients of the Belchertown State School. In order to appreciate better the context and import of the issues involved, it is helpful to examine briefly the history of this litigation. The case was taken under advisement on March 12, 1982, following the filing of final memoranda by the parties. To that end, the court held evidentiary hearings through the fall of 1981 and early part of 1982. And so, as both parties now acknowledge, this court must determine what level of staffing is necessary to meet the requirements of the various controlling consent decrees. That concession brings into focus defendants' contention that a 408 person staff cut can be implemented without affecting consent decree compliance. After the issue was briefed and argued, the defendants conceded in open court that disputes between the parties concerning personnel are to be resolved by the court.
Notwithstanding the clear language of paragraph 10 of the Personnel Decree, the defendants' original position was that they could implement staffing cuts over plaintiffs' objections and without court approval. On July 22, 1981, defendants informed the court that, despite opposition from the plaintiffs, they intended to implement significant staffing reductions at each of the institutions. Any impasse between the parties is to be brought to the court's attention for resolution. Under its terms, the necessary level of staffing at the various state institutions is to be determined by agreement of the parties.
The Personal Decree is a consent decree, agreed to by the parties on July 10, 1978, and thereafter entered as an order of this court. The immediate issue in this decade-old litigation concerns the level of staffing necessary to meet the requirements of the Final Decree on Personnel covering five state schools for the mentally retarded ("Personnel Decree"). Burnes, Boston, Mass., for plaintiffs in Mass. *818 Carl Valvo and William Brown, Boston, Mass., for defendants.īeryl Cohen, Boston, Mass., for plaintiffs in Ricci, et al., Gauthier, et al. MASSACHUSETTS ASSOCIATION FOR RETARDED CITIZENS, INC., et al., Plaintiffs,Įdward J. 817(1982) Robert Simpson RICCI, et al., Plaintiffs,
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