Policy Text
orego a hearing.
TRAINING BULLETIN
Evaluation Coordinator: IAD Commander
Automatic Revision Cycle: 3 Years
partment Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.” Index Number: V-T.4
Alpha Index: Due Process Hearings Effective Date:
1 Feb 11
“De
DUE PROCESS HEARINGS
The purpose of this Training Bulletin is to set fo rth Department policy and procedures for offering
Skelly Hearings to non-probationary members or permanent civil service employees facing
disciplinary action. For the purpose of the Trai ning Bulletin, the terms “member” or “employee”
or “subject personnel” refer to a non-probationary member or permanent employee, unless
otherwise specifically denoted. This Training Bulle tin additionally sets forth the circumstances in
which Lubey Hearings must be offered to probationary members/employees who are terminated
for specific reasons that may result in stigma or that foreclose other employment opportunities.
SKELLY HEARINGS
The federal and state constitutions prohibit depriv ation of life, liberty, and property without
procedural due process. Courts have found that a member/employee’s permanent civil service job
is defined as “property.” Accordingly, an employer seeking to deprive a civil service employee of
pay must provide notice of the proposed discipline and an opportunity to respond at a pre-
termination hearing1. The hearing is not a full trial-ty pe hearing. There is no right to
representation by counsel or to confront or cross-examine witnesses.2 A member/employee may
instead choose to respond in writing and f
WHAT NOTICE MUST A MEMBER/EMPLOYEE RECEIVE?
The Department must provide an employee/member with notice of the proposed disciplinary
action, the reasons for the action, a copy of the charges and the materials upon which the action is
based. The use of the word “materials” does not require the Department to produce each and every
document that is part of the Department’s Internal Affairs investigation.
3 What must be produced
is the relevant supporting evidence. There is no requirement that the Depa rtment produce what an
employee/member may contend is “exculpatory” evidence that was not relied upon by the
Department in reaching its decision4.
WHO CAN SERVE AS A SKELLY OFFICER?
The pre-termination hearing must occur before a “reasonably impartial and noninvolved
reviewer.”5 The Skelly Officer must not be a potential witness or have had a role in initially
recommending or investigating the allegations.
1 A reclassification to a lower class does not constitute a demotion or require a Skelly Hearing.
Schultz v. Regents , 160 Cal. App. 3d 768 (1984).
2 Skelly v. State Personnel Board , 15 Cal. 3d 194.
3 Gilbert v. City of Sunnyvale , 130 Cal. App. 4th 1264 (2005).
4 Id. at 1280. See also Holmes v. District Attorney , 68 Cal. App. 4th (1998).
5 Titus v. Civil Service Comm ., 130 Cal. App. 3d 357 (1982).
2
Due Process Hearings, Index Number V-T.4
SCOPE OF SKELLY OFFICER REVIEW
In determining whether reasonable grounds exist for proposed discipline, the Skelly Officer needs
to consider the following:
• Did the Department adequately warn the member/employee of the consequences of his/her
conduct?
• Did the Department investigate the allegation(s) before administering discipline?
• Was the investigation complete, fair, and objective?
• Did the investigation establish a preponderance of evidence to support the finding?
• Were the rules, orders, and penalties applied without bias?
• Is the proposed discipline just, considering the member/employee’s past disciplinary record?
RESPONSIBLITIES OF A SKELLY OFFICER
Review of Skelly Documents
The Skelly Officer has a responsibility to review the Skelly letter, all the materials upon which the
proposed discipline is based, and any response submitted by the member/employee.
When the member/employee requests a Skelly Hearing, but does not submit a formal response or
attend the meeting, the Skelly Officer must still complete a review of the materials provided
.
Scheduling the Skelly Hearing
A member/employee receiving a Skelly Letter needs to review the correspondence upon receipt.
The Skelly Letter sets forth the member/employee’s deadline for responding to the contents of the
letter, orally or in writing. The Skelly Letter also advises the member/employee of the time and
date for the Skelly Hearing.
The Skelly Officer, after conferring with the IAD Commander, may grant a reasonable extension
for the member/employee to respond, based on the seriousness and complexity of the allegation(s).
Any requests from a subject member/employee or his/her representative regarding the proposed
discipline, the Skelly file, additional documents, or the initial scheduling of the Skelly Hearing date
shall be referred to the IA D Commander. All writte n correspondence received from a subject
member/employee or his/her representative shall be forwarded to the IAD Commander.
Before the Meeting
The Skelly Officer shall:
• Be familiar with the City’s Administrative Instruction 521 ;
• Disqualify themselves if directly connected to the initial recomme ndation for disciplinary
action, were involved in the investigation, or serve in the member/employee’s chain of command;
• Thoroughly review the pre-disciplinary Skelly letter and all attached materials, including