December 5, 2002
Local commission claims consent order violated
From the Southbridge Evening News
By Walter Bird Jr.,News Staff Writer
SOUTHBRIDGE – The chairman of the disability commission claims town officials have not worked close enough with that panel to help meet requirements of a 2001 consent agreement to make buildings accessible to handicapped persons.
The town manager, meanwhile, is saying a judge who found the town in contempt of the agreement last week took a “hard line” stance with a town that had resisted calls to establish a disability commission, which resulted only after a lawsuit in 2000.
In a hearing on Monday, Nov. 25, U.S. District Court Judge Nathanial M. Gorton ordered the town to pay $5,000 to the disability commission by Dec. 24. The town was also directed to pay $4,180 in lawyers fees and fined $190 because its town representative, former Finance Director and Disability Commission member Donald H. St. Georges showed up at Mondays 3:30 p.m. hearing about one hour late.
“We never imagined a federal judge would act this way when we made a good faith effort on this matter,” said Town Manager Michael J. Coughlin Jr., who was suspended the same day as the court hearing.
The town was supposed to complete a self-evaluation process of existing policies and procedures regarding its handicap accessibility and prepare a transition plan for changes to existing buildings by June 17, according to Jonathan L. Mannina, litigation director of Legal Assistance Corp. of Central Massachusetts. The corporation represents the plaintiffs, Charles Henries of Southbridge and AVID (Active Voices in Disability), a local activists’ group, that filed the 2000 lawsuit.
As a result of Gorton’s order, the town now has until March 3 to complete the self-evaluation and prepare a transition plan. The self-evaluation must include a review of policies and procedures to ensure compliance with the U.S. Americans with Disabilities Act. The transition plan must include plans to make any necessary structural changes to town buildings. The town would have 30 months to implement those changes after the plan is completed, Mannina said.
Former Finance Director and commission member Donald H. St. Georges, who was appointed by Coughlin, said he spoke with three firms to serve as consultants on the self-evaluation and transition plan. He said the cost would be around $70,000.
The cost could prove prohibitive to the town, according to Town Council Chairman Rene E. Tremblay, who said the council would likely vote at its meeting on Monday to appropriate the money to pay the disability commission, lawyers fee and the fine ordered by Gorton. Where the town would get the $70,000, meanwhile, is uncertain, he said.
“These people are costing us big bucks. We’re in a tough situation,” said Tremblay. “I feel for the disabled, but they’re forcing a lot of things on other people… and it’s costing us big bucks. Where the Hell are we going to get $70,000?”
“This is one of the things Mr. Coughlin wasn’t doing, as far as I’m concerned. This has been going on since last year.”
The town has completed many aspects of the original consent order, Coughlin said, including making sidewalk curb cuts to accommodate the disabled.
Coughlin had served as the town’s ADA coordinator, but he said he referred all related matters to the commission. He appointed St. Georges to the panel as the town’s representative. Coughlin said St. Georges was late for the court hearing because he was with the town manager discussing his possible suspension.
The contempt order was filed in July only after repeated warnings to the town that it had not complied with the consent order, Mannina said.
“It had become clear these things hadn’t been done,” Mannina said. “I think this finding was appropriate. Hopefully, this will get the town to take the court seriously, now. It’s hard to explain the town’s inaction on this.”
The chairman of the town’s disability commission said he expected the contempt order.
“The town is supposed to work with the disabled to formulate their plan on how to improve accessibility to the disabled,” said Mark Zarazinski. “Obviously, that didn’t happen.”
Coughlin said the judge’s order was a “wake-up call” to the town. No one is to blame for the contempt finding, he said, lauding the commission’s “diligent” efforts “to get the evaluation process going.”
As for the possibility of additional penalties should the town fail to meet the March deadline, Coughlin said, “I think the court has sent a message to the town.”
Coughlin and Zarazinski agreed the town manager’s suspension might have factored into the town not complying with the consent order, but Zarazinski said the town must move forward or risk further court action.
“The town has serious work to do,” he said. “The deadline is not that far off. It’s a pretty big job. If they only would have listened to us. I’ve pleaded with the town to listen and take a proactive approach. For some reason, the town chose not to listen. Now comes the time to pay the piper.”