Chapter 3 – Personnel, Training, and Employee Relations

33030.24.4 Settlement Discussions at the Skelly Hearing

• During the Skelly Hearing, the affected employee may discuss his/her willingness to accept some discipline or other action at a level different than that imposed by the Hiring Authority or may communicate his/her willingness to resolve the adverse action directly with the Hiring Authority. The Skelly Officer shall not discuss these matters with the affected employee. Instead, the Skelly Officer shall excuse him/herself or shall suggest that the affected employee, the employee’s representative, and the Department’s representative(s) privately discuss the possibility of settlement. These discussions shall not be used as evidence by either side if the matter does not end in settlement.

• When a Skelly Hearing is suspended pending settlement negotiations, the parties should complete and sign the CDCRCalifornia Department of Corrections and Rehabilitation Form 3029, Suspension of Skelly Hearing. If discussions result in a settlement and the affected employee waives any right to appeal the matter further (including to the SPBState Personnel Board (see CalHR) and Superior Court), no further Skelly Hearing is required and the Skelly Officer’s obligations are concluded. If the discussions do not result in settlement, the Skelly Officer shall return and complete the Skelly Hearing.