Skelly Hearing Rights for California Public Employees Facing Discipline

A Skelly hearing is your chance to answer the charges before serious discipline takes effect. In California, a permanent public employee facing dismissal, demotion, suspension or a pay cut generally has a right to written notice, the reasons, a copy of the charges and the materials behind them, and a chance to respond, orally or in writing. It is a short meeting with a higher-level manager. It is not a trial, and it is not your appeal.

At a glance

• What it is: a pre-discipline meeting, also called a Skelly meeting or Skelly conference, named after Skelly v. State Personnel Board (1975).
• Who gets it: permanent public employees who can be disciplined only for cause. Probationary, at-will and temporary employees usually do not, although the SPB rule gives probationary state employees the same advance notice and chance to respond.
• Most state employees: written notice at least five working days before the discipline takes effect, under the State Personnel Board (SPB) rule at 2 CCR § 52.6.
• For state employees, the discipline still starts on its effective date, even if you ask for a Skelly meeting. Some school employees are treated differently.
• If the meeting does not change the outcome: a permanent state employee generally has 30 calendar days from the effective date to appeal to the SPB, and a rejected probationer has 15 calendar days to ask it to investigate. Some state managers have different notice and appeal periods. Local employees appeal under their own civil service rules.
• If your employer skipped it: the usual remedy is back pay until the appeal is decided, not automatic reinstatement. The discipline can still stand on the merits.

What people assume, and what California law says

What is a Skelly hearing?

A Skelly hearing is the step between a notice of proposed discipline and the discipline itself. You see the case against you, and you tell a decision-maker why it is wrong or why the penalty is too harsh.

The California Supreme Court set the minimum. Before removal, the safeguards "must include notice of the proposed action, the reasons therefor, a copy of the charges and materials upon which the action is based, and the right to respond, either orally or in writing, to the authority initially imposing discipline."

It does not require "a full trial-type evidentiary hearing" before discipline. Where the law provides that hearing, it comes later, if you appeal. State notices often call the Skelly step the "Right to Respond to Appointing Power."

Why is it called a Skelly hearing?

It is named after Dr. John F. Skelly, a physician dismissed by the State Department of Health Care Services. The department said he had repeatedly extended his lunch break and had twice left work without permission.

In Skelly v. State Personnel Board (1975) 15 Cal.3d 194, the California Supreme Court held that a permanent civil servant has "a property interest in the continuation of his employment which is protected by due process." The court held that the procedure used to dismiss him denied due process. It also held the penalty "clearly excessive and disproportionate" to the misconduct, and sent the case back for the Board to reconsider his appeal.

The U.S. Supreme Court reached a similar federal rule ten years later in Cleveland Board of Education v. Loudermill (1985). California recognized the right first.

Who is entitled to a Skelly hearing in California?

The right attaches to a property interest in your job. In practice, that means a permanent or tenured public employee who can be disciplined only for cause.

• Permanent civil service employees: yes. The California Supreme Court calls a permanent civil servant's interest in keeping the job "a vested property interest."
• Probationary state employees: no constitutional Skelly right, but the SPB rule still covers a rejection during probation. You get written notice at least five working days before it takes effect, with the reasons and the materials, and a chance to respond. The narrower part is the appeal afterwards: you have 15 calendar days from the effective date to ask the SPB to investigate, and you carry the burden of proof.
• At-will and temporary employees: usually not. One University of California campus says so plainly, though it offers what it calls a "Skelly-like" process.
• Peace officers and firefighters: their own bills of rights, known as POBR and FBOR, add protections such as a right to an administrative appeal once you finish probation.
• School district staff: classified staff in districts without a merit system follow Education Code 45113, which names the Skelly review process. Teachers follow a separate dismissal process under Education Code 44932 and 44934.
• Corrections employees: the California Department of Corrections and Rehabilitation (CDCR) has its own rule, which requires non-manager employees to request a Skelly hearing within five working days of being served, or the right is waived, unless a bargaining unit agreement says otherwise.

What discipline triggers a Skelly hearing?

Dismissal, demotion, suspension and a reduction in pay are the actions that most clearly call for a Skelly meeting. For most state civil service employees, Government Code 19570 defines adverse action as "dismissal, demotion, suspension, or other disciplinary action." The SPB's own definition adds a formal reprimand and a transfer for disciplinary reasons, so for most state employees those get the same notice and chance to respond. State Bargaining Unit 5 has a separate statute for minor discipline (Government Code 19576.1), and some of the usual notice and appeal rules do not apply to it. Unit 5 members should check their MOU. For local and school employees, whether a reprimand or a transfer gets the same step depends on your employer's rules and your union contract (MOU).

Short suspensions of local employees can be different. In Civil Service Assn. v. City and County of San Francisco (1978), the California Supreme Court held that for a suspension of five days or less, a hearing before the suspension is not constitutionally required. A Skelly-type response is still owed, but it can come during the suspension or within a reasonable time after. That is the constitutional minimum, and local rules and MOUs can give more, so check your own.

Most permanent state employees get the notice first, at least five working days before a suspension takes effect, under the SPB rule. Another exception is investigatory leave. Under Government Code 19574.5, an employer investigating certain serious accusations can put a state employee on leave for up to 15 days. The leave stays paid if no discipline is taken by the time it ends, but discipline taken before it ends can be backdated as far as the start of the leave.

What must the notice give you?

For state employees, the SPB rule at 2 CCR § 52.6 requires written notice at least five working days before the effective date. The notice must include:

1. The reasons for the action.
2. A copy of the charges.
3. A copy of all materials upon which the action is based.
4. Notice of your right to be represented.
5. Notice of your right to respond, and to whom.
6. The time you have to file an appeal with the SPB.

Government Code 19574 adds that adverse action "is valid only if a written notice is served on the employee prior to the effective date of the action."

Some websites still cite "SPB Rule 52.3" and "five days." That rule was renumbered to 52.6 in 2010, and the days are working days. Local agencies and school districts set their own timelines through their charters, civil service rules and union contracts, so read the deadline on your own notice. Timing can differ too. In a school district without a merit system, a permanent classified employee who asks for a hearing in time generally cannot be dismissed, demoted with a pay cut or suspended without pay until a decision is made after the hearing, with exceptions in Education Code 45113.

What is the timeline for a Skelly hearing?

For a permanent state employee, the sequence usually runs like this:

Other employers run on their own clocks. CDCR requires managers to ask for the meeting within ten calendar days of service. One University of California campus schedules the hearing between 5 and 30 days after the notice, which is that university's policy, not a statewide law.

What happens at a Skelly meeting?

The meeting is short and informal. For state employees, the SPB rule says the Skelly officer must be above the level of the supervisor who started the action, unless that supervisor is the appointing power, the official with final authority to appoint or dismiss you. The rule does not promise a reviewer who knew nothing about your case. Some employers go further. Unless you waive it, CDCR's rule bars anyone who requested the internal affairs investigation, signed the notice or took part in the decision. If your Skelly officer was involved in the decision, say so in writing at the start.

What to expect in the room:

• Generally no witnesses. The meeting is not a trial. CDCR's rule, for example, states that the Skelly hearing "is not an evidentiary proceeding," so CDCR employees have no right to call witnesses.
• Possible outcomes. Under the CDCR rule, the Skelly officer can recommend more investigation, going ahead, a reduced or amended action, or withdrawing it.

How do I prepare for a Skelly hearing?

Treat the notice as the start of your case.

1. Calendar every date on the notice. The effective date controls both the discipline and your appeal deadline.
2. Ask for the materials in writing. You are entitled to the materials the action is based on. If the packet refers to a document you did not receive, ask for it by name, in writing, before you respond.
3. Ask for your supervisor's file. CalHR tells state supervisors that their file on an employee "is NOT confidential," and the employee or a representative can see it on request. Your MOU can set different rules on what goes in the file and how you review it.
4. Answer each charge. Correct facts that are wrong, add missing context, and explain why the penalty does not fit.
5. Put your response in writing. A written response is a record of exactly what you said. Some employers, such as CDCR, let you respond both in writing and orally.
6. Bring a representative. A union representative or a lawyer can help you decide what to say.

Our guide to documenting evidence at work explains what records to keep and which ones you can request.

Ready to talk it through?

A notice of proposed discipline starts short clocks. A conversation now can help you decide how to respond, and what comes after. Tell us what happened.

What happens after a Skelly hearing, and how long do I have to appeal?

If the discipline goes ahead, your appeal is the next step.

State employees. A permanent employee generally has 30 calendar days after the effective date to file a written answer with the SPB, under Government Code 19575. Miss that window and the discipline becomes final. A rejected probationer has 15 calendar days instead. Managers disciplined under Government Code 19590 have 30 days from receiving the notice, not from the effective date. For most discipline, including dismissal, demotion and longer suspensions, a hearing officer writes a proposed decision, which the Board can adopt, send back or reduce. For a suspension of five days or less, a formal reprimand or a one-step pay cut of four months or less, Government Code 19576 generally lets the Board decide after an investigation, with or without a hearing. If you win, the Board can order back pay and benefits for the time the discipline was improperly in effect.

Local employees. Appeals usually go to a civil service commission or personnel board under your agency's rules. Los Angeles County's commission, for example, describes itself as the appellate body for major discipline, discharges and suspensions over five days.

Court review. After the administrative decision, you can ask a superior court to review it through a writ of administrative mandate. The court reviews the record. It does not hold a new hearing. The deadline for a petition is six months from the SPB's final decision for state employees, under Government Code 19630, and generally 90 days from a final decision for local agency employees outside school districts, under Code of Civil Procedure 1094.6.

What if my employer skipped the Skelly process?

A skipped or defective Skelly step is a real violation, but it is not an automatic win. In Barber v. State Personnel Board (1976), the California Supreme Court said: "The remedy for the employee in these cases is to award back pay for the period of wrongful discipline."

In practice, a skipped Skelly does not by itself undo a dismissal or win reinstatement. Under Barber, back pay usually runs from the date the discipline was imposed until the board files its decision, and the discipline can still be upheld on the merits. In Barber itself, the court upheld the dismissal but reversed the denial of back pay for that period. So your answer to the charges themselves still matters most.

Does a Skelly hearing affect my right to sue?

It can, through the appeal that follows it. In Johnson v. City of Loma Linda (2000), the California Supreme Court held that if you lose an administrative appeal and do not challenge the findings through a writ in superior court, those findings can bind a later discrimination case under the Fair Employment and Housing Act (FEHA). In Schifando v. City of Los Angeles (2003), the court held that a city employee claiming discrimination does not have to use the city charter's internal process first before filing with the state agency.

So a city employee may be able to take a discrimination claim to the Civil Rights Department (CRD) (formerly DFEH) without the civil service appeal. That case did not involve the SPB, and a state employee who skips the SPB appeal leaves the discipline final. If you take the appeal and lose, you may need to challenge that loss in court to protect the discrimination case.

Claims against a public employer also carry their own deadlines, which can be shorter than the rules for private employers. Our article on wrongful termination for government and public-agency employees explains those deadlines, and our guide to what counts as wrongful termination in California covers the reasons a firing can be illegal.

Frequently asked questions

What is a Skelly hearing in California?

A Skelly hearing is a pre-discipline meeting for a permanent public employee. Before dismissal, demotion, suspension or a pay cut takes effect, you get notice, the reasons, the charges and the materials behind them, and a chance to respond orally or in writing. It is not a trial.

Who is entitled to a Skelly hearing?

Permanent public employees who can be disciplined only for cause. Probationary, at-will and temporary employees usually are not. Probationary state employees are a partial exception: the SPB rule still gives them written notice of a rejection, the reasons and materials, and a chance to respond. Their appeal afterwards is narrower.

Can you appeal a Skelly decision?

Not directly. You appeal the discipline itself. A permanent state employee generally files with the SPB within 30 calendar days of the effective date, and a rejected probationer has 15. A local employee appeals under the agency's civil service rules. After that, a court can review the decision through a writ of administrative mandate.

Can my employer suspend me before the Skelly meeting?

Sometimes. The U.S. Supreme Court has said an employer that wants someone out of the workplace at once can suspend with pay. For state employees, Government Code 19574.5 allows a leave of up to 15 days while certain serious accusations are investigated. If discipline is imposed during that leave, it can be backdated as far as the leave's start, so that time may go unpaid. Otherwise, most permanent state employees get written notice at least five working days before a suspension. A local employee's suspension of five days or less can precede the Skelly-type response where local rules allow.

What happens if I do not respond to the Skelly notice?

Usually, the discipline goes ahead on its effective date. Some employers, such as CDCR, treat a missed request as a waiver of the Skelly meeting. Your appeal deadline keeps running either way, so a missed meeting should never become a missed appeal.

Where to start

Start with the notice. Find the effective date, the deadline to respond and the deadline to appeal, and ask in writing for any material that is missing. If you think the discipline is really about discrimination, retaliation or a report you made, the choices you make now can shape that case too. Our public sector employee lawyers represent public employees across California. Deadlines can run early, so tell us what happened.

The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad serves as Editor-in-Chief of the California Wrongful Termination Law Review and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2027), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: October 22, 2026.

Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.