Chapter 3 – Personnel, Training, and Employee Relations

33030.24.2 Skelly Hearing

• The Skelly Hearing is attended by the following: Skelly Officer; affected employee; employee’s representative if the employee requests a representative; the EROEmployee Relations Officer/Disciplinary Officer, or other designee representing the Hiring Authority; the EROEmployee Relations Officer/Disciplinary Officer’s assistant or other person designated to take notes; the Vertical Advocate for all designated cases; and the SAIG for cases the BIR is monitoring.

• The EROEmployee Relations Officer/Disciplinary Officer shall coordinate all Skelly Hearings and shall ensure the comprehensive taking of minutes. The minutes from each Skelly Hearing shall remain in the EROEmployee Relations Officer/Disciplinary Officer’s file. Tape recordings of the Skelly Hearing shall not be permitted.

• Affected employees who request a Skelly Hearing shall be notified of the identity of the Skelly Officer. The Skelly Officer shall review the Notice of Adverse Action or other charging document and all supporting materials prior to the Skelly Hearing. The Skelly Officer shall listen to and review the affected employee’s side of the story and shall allow the affected employee the opportunity to present arguments that the adverse action should not be sustained or should be reduced in some way.

• If an affected employee chooses to waive the right to a noninvolved manager acting as the Skelly Officer and requests that the Hiring Authority that took the action act as the Skelly Officer, the employee may do so within the Skelly period by signing a CDCRCalifornia Department of Corrections and Rehabilitation Form 3028, Waiver of Non-Involved Skelly Officer.

• When reviewing the imposition of discipline, the Skelly Officer shall consider whether the action is as follows:

  • Timely;

  • Based on the proper statutory cause;

  • Supported by the facts.

• The affected employee shall be allowed representation during the Skelly Hearing. The affected employee and/or the employee’s representative may present to the Skelly Officer either in writing or orally or both. The employee also may submit affidavits. However, the Skelly Officer has the right to restrict any oral presentation that is argumentative or repetitive.

• The Skelly Hearing is not an evidentiary proceeding; therefore, the affected employee does not have the right to confront the Department’s witnesses or call witnesses on the employee’s behalf. The Skelly Officer may ask clarifying questions, as are appropriate. The Skelly Officer is not subject to examination by either the affected employee or the employee’s representative, and is not required to provide any response to the information submitted by the affected employee or the employee’s representative except to acknowledge receipt.

• The Vertical Advocate, unless precluded by a scheduling conflict, shall attend the Skelly Hearing for all designated cases. During the Skelly Hearing, the Vertical Advocate shall observe the proceedings but not give legal advice to the Skelly Officer. The EROEmployee Relations Officer/Disciplinary Officer shall be available to provide technical assistance to the Skelly Officer, if needed. The SAIG may also attend the Skelly Hearing for cases that the BIR is monitoring. The Skelly Officer shall remain objective and make an independent recommendation to the Hiring Authority. The Vertical Advocate shall remain available to participate in any settlement discussions as the department’s representative. The Vertical Advocate shall consult with the SAIG present at the Skelly Hearing, and provide legal advice to the Hiring Authority regarding any new information and legal arguments that emanated from the Skelly process.