Procedural Due Process - The Skelly Doctrine

'Procedural due process' is the right of a permanent public employee to be accorded certain 'preremoval safeguards' before punitive (disciplinary) action is taken. It is a constitutional guarantee to afford protection against arbitrary action by the state.

In a landmark decision, Skelly v. State Personnel Board, the California Supreme Court held that a 'permanent' (non-probationary) public employee who may only be discharged for 'cause' has 'a property interest in the continuation of his employment which is protected by due process.' The United States and California constitutions prohibit the state from taking property 'without due process of law.' Therefore, a public employee may not be deprived of this property interest by punitive action, unless before discipline becomes effective, the state ' that is, the public employer ' has complied with procedural due process.

In establishing what has become known as the 'Skelly doctrine,' the court declared that 'as a minimum these preremoval safeguards must include':

1. A written 'notice of the proposed action,'
2. The 'reasons' for such proposed action,
3. 'A copy of the charges and the material upon which the action is based,' and
4. 'The right to respond, either orally or in writing, to the authority initially imposing discipline.'

The court further held that while due process does not require that an employee be provided 'with a full trial-type evidentiary hearing prior to the initial taking of punitive action,' a full evidentiary hearing must be held at some time before the discipline becomes final.

To read the entire text of Skelly v. State Personnel Board, click here.