Chapter 3 – Personnel, Training, and Employee Relations

33030.25 Hiring Authority’s Final Decision Regarding Imposition of Penalty

• If the Hiring Authority proposes any post-Skelly penalty modification for a designated case, the Hiring Authority shall provide to the Vertical Advocate, SAIG, and AGC the following: (1) a written confirmation of penalty discussions (i.e. memorandum or e-mail) with the SAIG, including the Hiring Authority’s proposed penalty modification and (2) a copy of the Skelly Officer’s written recommendation. The Hiring Authority shall delay service of the Skelly Letter for three (3) business days following transmittal of the written notification, so there is time for Executive Review to be requested. The Vertical Advocate shall document all communications related to penalty imposition in the legal database.

• For a post-Skelly action to completely withdraw any penalty or to modify any dismissal penalty, the Vertical Advocate shall provide to the AGC and the Hiring Authority shall provide to his/her immediate supervisor the following: written notification (i.e. memorandum or e-mail) regarding the proposed penalty; a copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 403; and any other requested documentation.

• Unless further investigation is needed or Executive Review is requested, the Skelly Letter indicating the final decision of the Hiring Authority regarding disciplinary penalty shall be served to the affected employee within five (5) working days of the Hiring Authority’s receipt of the Skelly Officer’s recommendation.