The materials in the file will be reviewed to determine whether there is sufficient proof to sustain the allegation and, if so, to determine what level of action should be taken. If disciplinary action is initiated as a result of the investigation, the file becomes the “material relied on” in taking the disciplinary action.
Once an employee receives the Skelly letter proposing discipline, they and the union have a right to obtain and/or review all of the materials which were “relied on” in proposing the action. It is critical that this material be assembled and copied prior to issuance of the intent letter so it can be given to the employee or union if they request it.