Commissioner of Mental Health & Addiction Services v. Saeedi, 143 Conn. App. 839 (2013)

Citation: Commissioner of Mental Health & Addiction Services v. Saeedi, 143 Conn. App. 839 (2013)
Parent Document: Commissioner of Mental Health & Addiction Services v. Saeedi, 143 Conn. App. 839 (2013)
Jurisdiction: Connecticut (state)
Effective Date: 2013-07-09
Original Source: https://www.courtlistener.com/opinion/7915192/commissioner-of-mental-health-a... ↗

Full Text

1,898 chars

The plaintiffs appealed from the referee’s decision to the Superior Court, claiming, inter alia, that the office of public hearings lacked jurisdiction over Saeedi’s complaint because (1) the referee’s decision was “in excess of the statutory authority granted to the Commission on Human Rights and Opportunities’ office of public hearings pursuant to [§ 4-61dd],” and (2) he “previously filed the same claim in the form of two grievances through his union, pursuant to his [c]ollec-tive [b]argaining [a]greement, and thus has elected his remedies.” The court determined that the thirty day filing period prescribed by § 4-61dd is not jurisdictional in nature and agreed with the referee’s reasoning that the continuing course of conduct doctrine applies to the thirty day filing period. Adopting the reasoning of the referee, the court also found that given the specific terms of Saeedi’s collective bargaining agreement, he was not precluded from filing a complaint with the commission after his union had filed grievances challenging the department’s adverse personnel actions. The court also found no error in the referee’s fashioning of remedies, concluding that in light of the remedial purpose of § 4-61dd and the referee’s finding that *848Saeedi’s performance appraisal was tainted with retaliatory animus, the referee’s order that the review be revised to reflect an accurate appraisal was appropriate. Under the specific facts of this case, the court also found that the referee had the authority to order the plaintiffs to take a professional ethics class. Finding that the conclusions of law reached by the referee resulted from a correct application of the law to the facts found and could reasonably and logically follow from such facts, the court dismissed the plaintiffs’ appeal. From that decision of the court, the plaintiffs now appeal. I THIRTY DAY FILING PERIOD UNDER § 4-61dd

Other Sections in This Document (64)

Full Text