In Procedures

COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT: Employee Relations Bulletin 2 Skelly Process BACKGROUND The Skelly decision (Skelly vs. California Personnel Board) determined that a permanent public employee has a property interest in his/her job, which is protected by “due process,” entitling him/her to a hearing prior to discipline. In this context, discipline includes suspensions, demotions, and dismissals. The Skelly court concluded that, at a minimum, safeguards must include: notice of the proposed action; the reasons for the proposed action; a copy of the charges and materialsRead More →

In Procedures

COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT: Employee Relations Bulletin 1 Material Relied On When it is your intent to initiate disciplinary action, a Skelly “Intent” letter is issued to the employee. In the last paragraph of the letter, you advise the employee that “All written materials, reports and documents upon which this action is based are attached.” These “materials, reports, and documents” are referred to as the “materials relied on” and usually consist of counseling notes, written complaints from customers or coworkers, attendance records, previous corrective/disciplinaryRead More →

In 5. The Skelly Process

Your role is to listen to the employee and ask clarifying questions in order to get the full story from their perspective. This gives the employee an opportunity to explain things such as: what they did and why; to deny allegations they believe are false or distorted; to raise mitigating factors; and to possibly “fall on the sword”. You are not there to defend the proposed disciplinary action, the Department, or any particular individuals involved. Introductions Name, title, how you want to be called Explain you are here to listen to what the employee has to say about the events and make a recommendation toRead More →

In 9. Tardiness & Absenteeism

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Employee Address Dear Ms. Employee: Please take notice that you are issued a letter that equates to a two-day suspension. Although you will not miss work or have your pay docked, this non-punitive disciplinary action carries the weight, in terms of progressive discipline, as if you had actually been suspended without pay for two working days. The grounds upon which this disciplinary action is being taken are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: A: Absence without Leave. Absence without leave shall mean any time an employee is absent from theRead More →

In 9. Tardiness & Absenteeism

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Name Classification Department (Hand delivered) Dear Mr. NAME: Please take notice that it is the intent of this office to issue you a non-punitive disciplinary letter that equates to a 3-day suspension. Although you will not miss work or have your pay docked, this non-punitive disciplinary action carries the weight, in terms of progressive discipline, as if you had actually been suspended without pay for three working days. The grounds upon which this disciplinary action is being proposed are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: A. Absence without Leave. AbsenceRead More →

In 5. The Skelly Process

What is it? A letter notifying the employee that disciplinary action is being taken. The letter states the level and effective date of the discipline being taken. The letter also repeats the charges and facts laid out in the Intent Letter, with any revisions in charges/facts resulting from the oral/written reply. Who does it? The decision letter is signed and issued by a level of management above the manager who signed the intent letter. How? The decision letter should be hand-delivered to the employee. The manager should annotate a copy of the letter indicating the date and time the letter was given to the employee.Read More →

In 5. The Skelly Process

What is it? An employee is given the opportunity to reply, either orally, in writing, or both, to the charges made in the Intent Letter. This reply is the employee’s chance to tell his/her “side of the story” before a decision is made regarding the proposed discipline. In the reply the employee may deny the charges, may explain mitigating circumstances, or may argue that the proposed discipline is not at the appropriate level. The employee may have a representative at this meeting. When giving the employee dates to reply orally or in writing, give the employee three or four workdays to schedule a hearing. GiveRead More →

In 5. The Skelly Process

What is it? This Skelly letter informs the employee of the intent to take a disciplinary action. It sets forth the proposed discipline, the Civil Service Rule(s) that the employee violated, and the facts upon which the charges are based. Please refer to Civil Service Rule XIII, Section 4 at https://hr.smcgov.org/civil-service-commission-rules The Intent Letter also advises the employee of the right to review any documents upon which the proposed disciplinary action is based (material relied on), and of the right to reply to the charges verbally, in writing, or both. There is a specified time frame by which the employee can invoke the right toRead More →

In 5. The Skelly Process

Prior to initiating any disciplinary action, the supervisor and/or manager will conduct investigatory interviews with the employee and any witnesses to determine the facts involved. Should the above interviews indicate that discipline is warranted, the Skelly Intent Letter will be written and signed by a manager who has reviewed the facts and supports the proposed discipline. A Skelly officer will be appointed to hear the employee’s response. He/she can be the Department Head, the Assistant Department Head, or any other manager not involved in the decision to issue the Skelly Intent Letter. This same reviewer would also consider any written statement submitted by the employee.Read More →

In 5. The Skelly Process

The Skelly decision (Skelly vs. California Personnel Board) determined that a permanent public employee has a property interest in his/her job, which is protected by “due process,” entitling him/her to a hearing prior to discipline. In this context, discipline includes suspensions, non-punitive suspensions, temporary reduction in step, demotions, and dismissals. The “Skelly Process” is the mechanism for providing this required due process. The Skelly court concluded that, at a minimum, the due process afforded to these employees and safeguards must include: Notice of the proposed action; The reasons for the proposed action; A copy of the charges and materials upon which the action is basedRead More →