Employment & Business Attorneys Campbell CA

Public Employment Attorney Campbell CA

Public Employment Attorney Campbell CA

Unlike employees in the private sector, employees of state and local governmental entities are generally entitled to “due process” before they can be disciplined or terminated. This includes what is known as a “Skelly Hearing” before any discipline can be imposed and an evidentiary hearing within a reasonable period of time after the discipline is imposed. Rousso & Jackel has succeeded in forcing local governmental entities to reinstate numerous employees by representing them in such hearings.

Public safety officers enjoy additional protection under the Public Safety Officers’ Procedural Bill of Rights (POBR). This includes legal representation in investigations and rules which govern the manner in which investigations are conducted. Public safety officers also have hearing rights when any punitive action is taken against them, regardless of whether they are actually being disciplined or terminated.

Rousso & Jackel provides representation to public safety officers through the California Organization of Police and Sheriffs . As a former prosecutor Mr. Jackel appreciates the opportunity to help those who are sworn to protect others. He also understands that protecting the public often makes officers vulnerable to false accusations. Fortunately, the hearing rights of public safety officers helps level the playing field.

Public Employees – Frequently Asked Questions

What can I do if my hearing rights are violated?

Am I entitled to notice of the allegations before I can be investigated?

What can I do if my rights under the Public Safety Officers’ Procedural Bill of Rights are violated?

Can I be released from probation without a hearing?

Can I bring witnesses to a Skelly hearing?

What can I do if my hearing rights are violated?

A court order directing the public entity to conduct a hearing can be obtained by filing a Petition for Writ of Mandate. It is inadvisable to do this without an attorney. However, unlike a lawsuit this is an expedited procedure which can result in relief within a relatively short period of time.

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Am I entitled to notice of the allegations before I can be investigated?

POBR does not require any notice of an investigation until the public safety officer is questioned. At that point POBR only requires notice of the “general nature” of the allegations. This can usually be summarized in one or two sentences. While this may not give sufficient notice of the particulars, the specific allegations will become apparent by the questions being asked.

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What can I do if my rights under the Public Safety Officers’ Procedural Bill of Rights are violated?

Other than hearing rights which can be enforced by a Writ Petition, once POBR rights are violated, recourse is very limited. There is no “exclusionary rule” per se. In order to exclude evidence at a hearing, which was obtained in violation of POBR, the public safety officer has the burden of showing that the evidence would not have been obtained in the absence of the violation. A lawsuit can also be filed for violation of POBR rights, but this is generally not cost effective. The best defense is a thorough understanding of the rights protected by POBR.

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Can I be released from probation without a hearing?

An employee can only be released from probation without a hearing if there is no stated reason for the release other than not meeting the requirements for completing probation. If the notice releasing the employee from probation accuses the employee of any misconduct then he or she is entitled to a “liberty interest” hearing. This need not be an evidentiary hearing. In addition, since a probationary employee does not have a “property” interest in their employment, the hearing can generally take place after they are released.

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Can I bring witnesses to a Skelly hearing?

A “Skelly hearing” is not a real hearing. It is simply the lowest level of due process which the California Supreme Court ruled is owed to a permanent public employee before he or she can be terminated, suspended or demoted. As long as an evidentiary hearing is held within a reasonable period of time after discipline is imposed, the public entity only needs to provide the opportunity for a meeting with a representative of management. There is no right to cross examine witnesses or bring your witnesses to the Skelly hearing. However, in order to prepare for the hearing the employee has the right to copies of all reports, written and recorded statements and other materials which are being used to support the allegations. The employee or their attorney can frequently refute the allegations by picking apart the Skelly materials and submitting signed witness statements to the Skelly officer.

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