Managing Human Resources Essay Research Paper MultiCultural

Managing Human Resources Essay, Research Paper

Multi-Cultural Environments

Skelly Rights

Background, Impact, Significance on Workers Rights

Skelly Background

In 1975, a case was brought before the Supreme Court of California that redefined the process of personnel discharge in the public sector. This case was John F. Skelly V s State Personnel Board and was brought before the California Supreme Court on appeal from the Sacramento Supreme Court.

This landmark case began in 1972 when John Skelly was terminated from his job as a medical consultant. On July 11, the State Department of Health Care Services presented Skelly a written notice that he was fired effective 5:00 pm. The notice contained three reasons for this release:

q Intemperance

q Inexcusable absence without leave

q Other failure of good behavior during duty hours which caused discredit to the Department

(Skelly v State Personnel Board (1975) 15 Cal.3d 194, 539 P.2d 774). Also included in this notice was that in order to secure a hearing he must, file a written answer to the Board within 20 days, and that the event of his failure to do so, the punitive action would be final (lbid., 15 Cal.3d 199).

John Skelly felt cheated and that the State Personnel Board was trying to intimidate him through their aggressive tactics. In response, he fought back. Skelly challenged the State Personnel Board s termination of him on the grounds that, the taking of punitive action against permanent civil service employees violated the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution and article 1, sections 7 and 15 of the California Constitution (lbid., 15 Cal.3d 194).

The compilation of these events and the case of Skelly v State Personnel Board led to significant changes in the public sector. The Court s decision is one that has framed and guided the guarantee of due process for all permanent, public sector employees.

The Case

On September 15, 1975 the California Supreme Court reversed the Sacramento Superior Court s decision of denial of writ of mandate to John Skelly and remanded the case for further proceedings. The court found that the State Personnel Board wrongfully dismissed Skelly for the following reasons:

q The procedure by which the discharge of petitioner was effectuated denied his due process of law and

q The penalty of dismissal was clearly excessive and disproportionate to the misconduct on which it was based

(Ibid., 15 Cal.3d 194). Justice Sullivan outlines the reason for these findings eloquently in her opinion. Skelly believed that his dismissal violates his guarantee of due process of the law. He claims that the provisions of the State Civil Service Act that allows for punitive action to be taken against civil service employees without requiring a prior hearing, is unconstitutional. Sullivan upholds Skelly s reasoning based on a similar case tried in the United States Supreme Court. The court ruled in Arnett v Kennedy(1974), H 16 U.S. 134, that an employee may be, removed or suspended without pay only for such cause as will promote the efficiency of the service . This was not the case in Skelly v State Personnel Board.

The California Supreme Court stated that due process guarantees employees certain procedural rights before a disciplinary action can become effective. The Court ruled that, As a minimum, these pre-removal safeguards must include notice of the proposed action, the reasons therefore, a copy of the charges and materials upon which this action is based, and the right to respond, either orally or in writing, and the authority initially imposing discipline (Skelly v SPB (1975), 15 Cal.3d 213-216). In accordance to their findings, the Court held the provisions of the State Civil Service Act dealing with punitive action against civil service employees, in violation of the due process clause of the 5th and 14th Amendments and the California Constitution. Additionally the Court ruled that the Board s findings about Skelly were not supported with substantial evidence. These decisions set new guidelines and standards for public sector employees and their employers.

The case of Skelly v SPB is one of great importance to all public sector employees because it dealt with discipline, dismissal, and the procedure for due process in those cases. It also introduced the concept of progressive discipline, When an employee is dismissed the employer must show that the discipline reflected the principle of progressive discipline. (Coalition of University Employees). The case laid down six steps that must be followed before a public employee can be disciplined.

1. notice of hearing

2. notice of proposed discipline, in writing

3. the reasons for the proposed discipline, in writing

4. other pertinent information, including copies of the allegedly violated, and any other statements which the employer considered in proposing the discipline

5. the right to representation, and preparation for the hearing

6. the right to respond to the person who proposed the discipline

Over the years, a pre-disciplinary hearing had become known as a Skelly hearing . Skelly hearings are a great asset to public employees because they not only guarantee due process, but it

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