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Notice must be served with all documents that were relied upon by the official proposing the discipline Notice must allege factual basis for violation (i.e. Notice must identify the specific rule/policy that has allegedly been violated by the employee Employee must receive notice of the proposed discipline (a/k/a Notice of Adverse Action, or “Notice”) What are the Skelly Rights?The minimum due process requirements include the following: Not a sufficient Notice of Adverse Action.
However, practice has indicated that not every Skelly Review Officer engages in the written materials much prior to the actual hearing.At the Skelly hearing, the Skelly Review Officer typically starts by outlining his or her role. This should take place before any actual “hearing” involving the employee. Employees are encouraged to submit a brief in advance of the hearing addressing the Notice. The Skelly Review Officer has the responsibility to read the Notice, the materials upon which it is based, and any response submitted by the employee.
Sustaining the allegations and reducing the level of discipline Sustaining the allegations and level of discipline. Rather, the Skelly Review Officer will notify the employing public agency in writing of his or her decision in writing. Depending upon the Skelly Review Officer, he or she may only elect to take verbal statements from the employee instead of his or her representative.Generally, no decision is given at the actual hearing. Then the Skelly Review Officer may permit the employee (or their representative) an opportunity to make an opening statement in response to the allegations and the representative of the employing agency a chance to respond. He or she then reads the main contents of the Notice aloud.
This is also your first opportunity to mitigate the potential or prospective harm or rehabilitate yourself with your employer. Make the Most of Your Skelly hearingThis is your first opportunity to challenge the underlying allegations. Rather, it is typically one sheet of paper informing the employing agency of his or her conclusion. Although Skelly Review Officers should describe the charges, what was reviewed, who was present for the Skelly Hearing, what was discussed at the Skelly Hearing, the Skelly Review Officer’s conclusion and the factual and analytical reasoning behind that conclusion, that rarely happens.
Identify the evidence in the Notice that does not support any element, contradicts any of the causes for discipline, or is inconsistent from witness to witness. Identify the evidence in the Notice that supports each element for each cause for discipline. Identify the causes for discipline and their elements. For example, if you seek to refute the allegations:
Identify any personal, health, social, financial, or family issues that you were going through at the time of the alleged misconduct, and documentation to support. Gather performance evaluations, commendations, promotions, raises, and bonuses. Identify the lack of training on the underlying misconduct. Identify the lack of progressive discipline on the underlying misconduct. Identify new information, outside of the Notice, that was not discovered during the investigation that does not support or contradicts causes for discipline.In the alternative, if you believe the allegations are correct but the form of discipline is unduly harsh: Identify conflicts of interest between witnesses in the Notice.
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