what is a skelly hearing?

Answer 1

A Skelly hearing is a right of any public employee to have a pre-disciplinary hearing during which the employee will be given written notice of proposed discipline, explanation of the nature of the discipline, the date of and reasons for the discipline, the nature of the rules or regulations violated, and a written explanation to the employee explaining how to respond to the proposed discipline.

Skelly hearing are a guaranteed right for all public employees, not just cops. You may be able to see evidence against you at such a hearing and you may be able to request a reduction in the proposed discipline against you at such a hearing.

Answer 2

What is a Skelly hearing?

A "Skelly" is a hearing which must be provided to an employee prior to the imposition of discipline. Generally, Skelly’s must be provided in the case of termination, demotion, suspension, reduction in pay and transfer with an accompanying loss in pay. An employee’s Skelly rights entitle the employee to due process consisting of: (1) notice of the intended disciplinary action; (2) a copy of all materials upon which the action is based (including material which was available for review by the individual responsible for imposing discipline, regardless of whether such information was, in fact, reviewed); and, (3) an opportunity to respond orally or in writing to an impartial reviewer prior to the effective date of the disciplinary action. Pursuant to State Personnel Board Rule 52.3 an employee must be served with a Notice of Adverse Action at least five (5) days prior to the effective date. The "Skelly" Officer must have the authority to modify (or at a minimum recommend modification) of the adverse action.

Source: http://www.cause7.com/legal_faq.asp#6


(The following information is excerpted from the UPTE "Know Your Rights Workshop" handbook)


Public Employees Rights to Due Process: Skelly
The California Supreme Court has determined that public employees have certain due process protections on the job. In a landmark case, the Skelly case, the Court ruled that public employees are entitled to a "pre-disciplinary hearing."

This means that an employee must be given a written notice of proposed disciplinary action. The notice must include

1. a statement of the nature of the proposed discipline
2. the effective date of the proposed discipline
3. the reasons for the discipline
3. the specific policy or rule violated
4. a statement advising the employee of the right to respond orally or in writing.

These Skelly guidelines are reflected in the UC personnel polices covering Corrective Action: SPP 270 (see 270.11) and A&PS 170 (see 170.10).

The main purpose of the Skelly rule is to allow employees an opportunity to respond to the charges and to request a reduction or elimination of the discipline. At the University, the Skelly rules have other advantages.

First, many UC managers and supervisors do not understand Skelly rights, and they therefore often violate the rules. This can provide grounds for winning a grievance, because arbitrators take Skelly rights VERY seriously.

Secondly, the Skelly hearing provides a great opportunity to check out the evidence that management has against the employee. Management must have sufficient evidence by the time of the Skelly hearing to support the proposed discipline. Employees (or their representatives) are entitled to access to relevant documents (see SPP 270.11 (b)). Again, many UC supervisors don't know this. Although they may try to doctor up a case against the employee after the Skelly hearing, this would still be considered a violation of the employee's Skelly rights.

For example,
If an employee returns from a leave and is given a letter saying, "effective immediately, you are suspended for five days without pay," the employee's Skelly rights have been violated. The employee was not given notice in advance and an opportunity to respond before the discipline was administered. You can file a grievance under the SPP or A&PS sections cited above and, at the grievance meeting, say that the employee should be paid for the days and have the suspension letter removed from their file because there was no Skelly meeting. Of course, you should make all other relevant arguments as well.

Source: http://www.upte.org/know.your.rights.html

Answer 3

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Answer 4

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