President, William Abernathie
Chief of Labor Relations, M. Eagleson
Senior Field Representative, Nancy Tate
Senior Field Representative, Mary Blanco

May 2008

           "Skelly Rights" is the collection of due process protections that must be afforded to civil service employees before their jobs can be adversely impacted by discipline. The basic purpose of "Skelly Rights" is to allow the accused employee an opportunity to explain his or her side of the story and to argue that the proposed discipline should be modified or revoked.

           The term "Skelly Rights" is derived from the case of Skelly v. State Personnel Board (1975). Dr. John Skelly was a permanent civil service employee who was terminated from his position with the State Department of Health Care Services. The State Personnel Board (Board) sustained the dismissal at a post-termination appeal hearing. Dr. Skelly appealed the decision and the case ultimately made its way to the Supreme Court. The Supreme Court held that Dr. Skelly had been denied due process by not being afforded certain pre-removal safeguards and reversed the Board's decision. The Court made the following key findings that came to be known as "Skelly Rights":

1. Permanent civil service employees have a property interest in the continuation of their employment, and this interest is protected by due process of law.
2. The employee must be given a copy of the Notice of the Proposed Action which shall include the reasons for the proposed discipline; a copy of the charges and the materials on which the action is based; and notification that the employee has the right to respond either orally or in writing to the appointing authority.

           Subsequent court decisions added to the minimum due process protections originally set in the Skelly decision. In 1977 the court added that an employee whose Skelly rights were violated was entitled to back pay for the period from the date the violation occurred until the date of the Board's decision. The back pay was intended as a remedy for the wronged employee and as a penalty for the employer who committed the violation. In 1977, Skelly rights were extended to demotions and suspensions without pay. In 1978, the courts clarified that an employee's right to respond to the appointing authority meant the employee had a right to respond to a "reasonably impartial non-involved reviewer" also described as an "impartial and disinterested decision maker."

           The Skelly officer must be at an organizational level above that of the supervisor who initiated the action unless the one initiating the action is the appointing authority i.e. the Director in which case Skelly authority may be delegated to anyone. The Skelly officer must have the authority to either modify or revoke the proposed action, or to recommend to another that the action be modified or revoked. He/she should not have been directly involved in the investigation of the matter that led to the taking of the adverse action; he /she should not be one who participated in the decision to refer the matter to investigation; nor should he or she have recommended a specific penalty to the decision maker.

           The Skelly must be held prior to the date upon which the adverse action becomes effective, and the employee must be given at least five (5) working days following service of the Notice of Proposed Action within which to schedule the Skelly hearing.

President, William Abernathie
Chief of Labor Relations, M. Eagleson
Senior Field Representative, Nancy Tate
Senior Field Representative, Mary Blanco