What are my rights if the disciplinary action is not resolved as a result of the Skelly hearing?
Employees whose discipline is not resolved at the Skelly stage are entitled to an evidentiary hearing before an Administrative Law Judge employed by the State Personnel Board. The administrative hearing is very similar to a civil trial. The burden of proof rests with the agency to demonstrate there was just cause for the discipline as well as the appropriate penalty for such conduct. Each side has the right to conduct discovery, to make opening statements and closing arguments, to call and cross-examine witnesses, and introduce documentary and other evidence. The accused employee also has the right to testify in his or her own behalf. At the conclusion of the hearing, the administrative law judge will prepare a proposed decision for consideration by the five (5) member State Personnel Board. The SPB need not accept the administrative law judge’s decision and may make modifications consistent with the SPB Rules. The Board is also free to make changes relative to the penalty recommended