Section 4-61dd

Citation: Section 4-61dd
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... ↗

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Section 4-61dd (b) (3) (A) provides in relevant part that “[n]ot later than thirty days9 after learning of the *850specific incident giving rise to a claim that a personnel action has been threatened or has occurred in violation of subdivision (1) of this subsection, a state or quasi-public agency employee . . . may file a complaint concerning such personnel action with the Chief Human Rights Referee . . . The legislature’s use of the word “may” rather than “must” or “shall,” while not disposi-tive, suggests that the time limit in § 4-61dd (b) (3) (A) is directory, rather than mandatory. See Williams v. Commission on Human Rights & Opportunities, supra, 257 Conn. 271 (“[d]efinitive words, such as must or shall, ordinarily express legislative mandates of a nondirectory nature” [internal quotation marks omitted]). Traditionally, it is “strong mandatory language . . . [that] is consistent with the notion of a subject matter jurisdictional limit.” Id. As we do not find such strong mandatory language in § 4-61dd (b) (3) (A), we cannot conclude that the text of § 4-61dd (b) (3) (A) makes a “strong showing of a legislative intent”; id., 269; to create a jurisdictional bar to claims filed outside the thirty day period.

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