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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Our Supreme Court has long held that remedial statutes are to be interpreted broadly to effectuate their purpose. See, e.g., Pizzuto v. Commissioner of Mental Retardation, 283 Conn. 257, 265, 927 A.2d 811 (2007) (“act indisputably is a remedial statute that should be construed generously to accomplish its purpose” [internal quotation marks omitted]); Dysart Corp. v. Seaboard Surety Co., 240 Conn. 10,18, 688 A.2d 306 (1997) (“remedial statutes should be construed liberally in favor of those whom the law is intended to protect”). *861Here, however, the legislative history of the 2002 amendment of § 4-61dd, House Bill No. 6487, reveals an intent to allow referees to award a limited array of remedies in cases of whistle-blower retaliation. The 2002 amendment added, as an alternative route of adjudication for whistle-blowers, the administrative process initiated through the commission, designated the referee as an independent hearing officer and set forth the remedies the referee is authorized to award. The language of the bill as related to remedies, however, was revised before passage to “narrow [its] scope . . . .” 45 H.R. Proc., supra, p. 2863, remarks of Representative William A. Hamzy. As explained by Representative O’Rourke, the language ultimately adopted “narrow[s] it by removing maintenance of the employee’s current position, rehiring [and] reinstatement of the employee and replaces that with reinstatement to the employee’s former position, back pay and reestablishment of any employee benefits.” Id. These comments indicate that the legislature intended to cabin the variety of remedies a referee is empowered to award, particularly with respect to the equitable relief available under § 4-61dd.

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