OPD SKELLY PRESENTION
COMMUNITY POLICE REVIEW AGENCY (CPRA)FEBRUARY 24, 2026
•What is A Skelly Hearing?•The Purpose of A Skelly Hearing•The Role of A Skelly Officer•If A Hearing Is Requested•Hearing Procedures•Written Hearing Decisions•Final Hearing Decision•OPD Skelly Status Report•CPRA Proposals•Questions?
SUMMARY OF TOPICS
What is A Skelly Hearing?A Skelly hearing is a due process procedure required in California for public employees facing significant disciplinary actions, allowing them to respond to proposed discipline before it is finalized.
The Purpose of A Skelly HearingA Skelly hearing is a designed to ensure that public employees have the opportunity to contest disciplinary actions that could affect their employment status, such as, termination, suspension or demotion.ØThis process is rooted in the 1975 California Supreme Court case Skelly v. State Personnel Board, which established the right to pre-deprivation due process for employees with a property interest in their jobs. (See California Statewide Law Enforcement Association) Key Features of A Skelly HearingNotice of Proposed Discipline:ØEmployees must receive a clear notice detailing the proposed disciplinary action, including the specific allegation(s) and evidence against them.Opportunity to Respond:ØEmployees are entitled to respond to the proposed discipline, either verbally or in writing, before any final decision is made. This allows them to present their side of the story and any mitigating factors.
Key Features of A Skelly Hearing (Cont.)Impartial Review:ØThe hearing is conducted by a Skelly officer, who is expected to be impartial and uninvolved in the underlying fasts of the case. This officer evaluates whether there are reasonable grounds for the proposed discipline.Not A Formal Hearing:ØIt’s important to note that a Skelly hearing is not a formal trial; rather, it is an informal administrative proceeding aimed at ensuring fairness and due process.
Who Is Entitled to A Skelly Hearing?Typically, permanent public employees who have completed their probationary period and possess a pro party interest in their employment are entitled to a Skelly hearing. This includes employees of state, county, and municipal entities, as well as some special districts. However, not all employees or disciplinary actions qualify for this process, particularly minor reprimands or short suspensions.
The Role of A Skelly OfficerIn Skelly v. State Personnel Board (1975) 15 Cal.3d 194 (Skelly), the California Supreme Court ruled that as part of due process, public employees are entitled to certain procedural safeguards before discipline is imposed against them. These include:(1) notice of disciplinary action proposed to be taken;(2) a statement of the reason for the disciplinary action.
If A Hearing Is Requested, the Hearing Officer is Selected by CityØMust be a “reasonably impartial and non-involved reviewer.”ØMust not have been involved in the incident or investigation.ØMust have no personal relationship with those involved in incident.ØBest if not in chain of command of the accused officer.ØSometimes a City employee or independent contractor.
Procedures Set by Skelly Hearing ØNo right to bring live witnesses.ØNo right to cross-examine.ØAbsolute right to see the materials the employer reviewed in reaching the decision.ØAbsolute right to present any other material the employee thinks is important.ØNot so much a hearing as a conference.ØMember -one representative only.ØMember/representative may not cross examine the City’s attorney or hearing officer.ØMember is entitled to evidence on which charges are based –no continuances to ask for materials other than the report.ØWritten decision issued later by hearing officer.
Written Hearing Decisions
ØHearing Officer reports to City their thoughts, case merits, and recommended decision on what to sustain and what penalty to impose.ØChief of Police and CPRA ED sign off on report and decide whether to adopt recommended decision. ØButif went to Discipline Committee, then they perform this final step. OPD Skelly Status Report.
Final Hearing Decision
Discipline imposed, if any.Chief of Police notifies Officer ASAP of same.Officer can appeal at an arbitration but still suffers the penalty in the meantime.
OPD DISCIPLINE CASES(As of February 2026)
OPD DISCIPLINE CASES (As of February 2026 - Cont.)
OPD DISCIPLINE CASES(As of February 2026 - Cont.)
CPRA PROPOSAL
CPRA manages assignment of Skelly cases.Retain 4-6 independent counsel to serve as Skelly Officers.
Returns to council once backlog is reduced to 20 cases.
Questions?