California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 5 - Personnel › Article 2 - Employees › Section 3392.8 - Skelly Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 department employees may request a
Skelly
Hearing prior to the
					 effective date of an adverse action.
(b)
					 Non-manager employees must request a
Skelly
hearing within five
					 working days from the date of service of the notice of adverse action. Managerial
					 employees must request a
Skelly
hearing within ten calendar days
					 from the date of service of the notice of adverse action. If any provision of this
					 section is inconsistent with a Bargaining Unit Agreement, the notice provision(s) of
					 the agreement shall apply.
(c) Employees
					 waive their right to a
Skelly
Hearing by not timely requesting a
Skelly
Hearing.
(d) If
					 the employee requests a
Skelly
Hearing, the
Skelly
Hearing shall be conducted, and a
Skelly
Decision issued, prior to
					 the effective date of the adverse action unless waived by the employee in
					 writing.
(e) The
Skelly
Package shall be served on the employee with the notice of adverse action prior to
					 the
Skelly
Hearing.
(f)
					 Unless waived by the employee, the
Skelly
Officer shall be a
					 manager at an organizational level above the employee's supervisor, who did not
					 request a confidential internal affairs investigation or approval of direct action,
					 sign the employee's notice of adverse action, or participate in the decision to take
					 adverse action.
(g) If the subject
					 employee's supervisor is the appointing power, the appointing power may act as the
Skelly
Officer or designate another person to act as the
Skelly
Officer.
(h)
					 Employees shall be allowed representation during the
Skelly
Hearing. The representative cannot be involved in the incident resulting in adverse
					 action. A rank-and-file Job Steward acting in their representational capacity cannot
					 represent a supervisory employee. A supervisory Job Steward acting in their
					 representational capacity cannot represent a rank-and-file employee. However, a
					 rank-and-file or supervisory Job Steward may represent an employee in a non-union
					 capacity, but not during state time.
(i)
					 The employee and the employee's representative may present facts in mitigation to
					 the
Skelly
Officer in writing, orally, or both. The employee or
					 their representative may submit affidavits or written statements for the
Skelly
Officer's consideration. The
Skelly
Hearing
					 is not an evidentiary proceeding, therefore, the employee does not have the right to
					 call witnesses on their behalf.
(j) The
Skelly
Officer may ask questions related to the allegations
					 contained in the notice of adverse action, the supporting evidence, or any
					 information presented by the employee or the employee's representative. The
Skelly
Officer has the right to restrict any oral presentation that
					 is argumentative or repetitive. The
Skelly
Officer is not subject
					 to examination by either the employee or the employee's representative. With the
					 exception of acknowledging receipt, the
Skelly
Officer shall not
					 provide any response to the information submitted by the employee or the employee's
					 representative, and shall not disclose their
Skelly
recommendation.
(k) After the conclusion
					 of the
Skelly
Hearing, the
Skelly
Officer shall
					 make one of the following independent recommendations to the hiring authority:
(1) Additional information or investigation is
					 needed.
(2) The adverse action should
					 proceed without modification.
(3) The
					 factual allegation(s) supporting the adverse action should be amended or the penalty
					 reduced.
(4) The adverse action should
					 be withdrawn in its entirety.