What is a Skelly hearing?
A “Skelly” is a hearing which must be provided to an employee prior to the imposition of discipline. Generally, Skelly’s must be provided in the case of termination, demotion, suspension, reduction in pay and transfer with an accompanying loss in pay. An employee’s Skelly rights entitle the employee to due process consisting of: (1) notice of the intended disciplinary action; (2) a copy of all materials upon which the action is based (including material which was available for review by the individual responsible for imposing discipline, regardless of whether such information was, in fact, reviewed); and, (3) an opportunity to respond orally or in writing to an impartial reviewer prior to the effective date of the disciplinary action. Pursuant to State Personnel Board Rule 52.3 an employee must be served with a Notice of Adverse Action at least five (5) days prior to the effective date. The “Skelly” Officer must have the authority to modify (or at a minimum recommend modification) of t