Insights from Managing Partner Brandi L. Harper
As a first responder in California, whether you’re a police officer, firefighter, or correctional supervisor, your career and reputation are built on dedication and service. But what if you’re facing potential disciplinary action? You deserve a fair process. That’s where Skelly rights come into play.
At Harper & McCoy, we proudly represent members of PORAC, CCSO, and other first responder organizations across California. One of the most important tools in protecting your job and due process rights is the Skelly hearing.
What Is a Skelly Hearing?
A Skelly hearing is a pre-disciplinary due process hearing that public employees in California are entitled to before they can be subjected to serious disciplinary action (such as termination, demotion, or suspension without pay.)
The term comes from the 1975 California Supreme Court case Skelly v. State Personnel Board, which established that public employees must be given:
- Notice of the proposed discipline
- Access to the materials on which the discipline is based
- An opportunity to respond, either in writing or in person, before the discipline is imposed
Why It Matters for First Responders
First responders are held to a higher standard and face intense scrutiny, both internally from their department and externally from the public. Allegations of misconduct or policy violations, whether substantiated or not, can jeopardize your career. A Skelly hearing is your first formal chance to:
- Review the evidence against you
- Tell your side of the story
- Correct factual or procedural errors
- Challenge the proposed penalty
The Skelly isn’t a full-blown evidentiary hearing, but it’s a critical checkpoint to prevent unjust or rushed disciplinary action.
What Happens at a Skelly Hearing?
You will attend the hearing with your legal representative or association representative. (You can attend alone but I would not recommend it).A Skelly officer, often a supervisor or neutral party appointed by your agency, will review the materials and hear your response. After considering your input, the Skelly officer may:
- Uphold the proposed discipline
- Modify the discipline
- Recommend that no action be taken
It’s essential to have a knowledgeable attorney who understands the unique risks first responders face and can advocate effectively on your behalf.
At Harper & McCoy, we’re here to protect you. We’ve guided countless California first responders through the Skelly process. We work closely with our clients to ensure your rights are respected and your voice is heard.
If you’re facing potential discipline, don’t go through it alone. Contact our office immediately to ensure you receive the strongest possible representation from a team that knows your job and the law, inside and out.
Harper & McCoy is dedicated to supporting public safety associations throughout California with expert legal counsel. Contact us today to schedule a consultation with one of our skilled attorneys.
