After a Skelly hearing, the officer who ran the meeting writes a recommendation, the agency’s decision-maker issues a final written decision that can uphold, reduce, or withdraw the proposed discipline, and if the outcome goes against you, you have the right to a full evidentiary appeal and, after that, judicial review in superior court. Each stage has its own deadline, and missing one usually ends your ability to challenge the discipline. Here is what happens after a Skelly hearing, step by step, and what you can do at each point.
The Skelly Officer’s Recommendation
The Skelly officer does not decide your discipline. After hearing your response and reviewing the materials that supported the proposed action, the officer writes a recommendation to the agency’s decision-maker. Under California regulations, that recommendation can take one of four forms: let the adverse action proceed as proposed, amend the charges or reduce the penalty, send the matter back for more investigation, or withdraw the action entirely.1Legal Information Institute. California Code of Regulations Title 15 3392.8 – Skelly Hearing
Full withdrawal is uncommon, but it does happen, which is why a strong Skelly response is worth the effort. More often, a well-presented response produces a reduction rather than a reversal.
Who Issues the Final Decision
The recommendation goes to the official who actually holds disciplinary authority, usually a department head, appointing authority, or city manager. That person reviews the full record: the original investigation, the notice of proposed action, whatever you said or submitted at the Skelly hearing, and the officer’s recommendation. The recommendation carries weight but does not bind the decision-maker, who can accept it, reject it, or modify it.
You will receive the result in a written notice, often titled “Notice of Adverse Action” or “Notice of Final Disciplinary Action.” It must identify the specific discipline, its effective date, the rules or policies you allegedly violated, and the factual basis for the action. It must also tell you about your right to appeal and your right to representation in further proceedings.2California Department of Food and Agriculture. DPS Supervisor Handbook No statewide statute sets a fixed number of days for the agency to issue this notice after the Skelly hearing, though local rules and collective bargaining agreements sometimes do.
The Three Possible Outcomes
The final decision lands in one of three places.
The most common outcome is that the proposed discipline stands. If the agency proposed termination, the notice confirms it and gives the effective date. If it proposed a suspension, the notice specifies the length and start date.
The second possibility is a reduced penalty. The decision-maker may conclude the charges are supported but the original proposal was too harsh. A proposed termination can become a long suspension; a proposed demotion can become a pay cut. This happens more often than employees expect, especially when the Skelly response raises mitigating facts the agency had not fully weighed.
The third possibility is full withdrawal. If the decision-maker finds the charges lack sufficient basis, the action is rescinded. Under California Government Code section 19583, when the State Personnel Board finds the causes for an adverse action were insufficient or not sustained, it can revoke the action and order the employee returned to their position with back pay and restored benefits.3California Legislative Information. California Government Code 19583 The same make-whole principle applies when the agency itself withdraws the action after the Skelly hearing.
Filing the Administrative Appeal
If the final decision goes against you, your notice must tell you where and how to appeal. The Skelly hearing was a preliminary check. The appeal is a full adversarial proceeding with real procedural protections.
For California state civil service employees, the appeal goes to the State Personnel Board, and you have 30 calendar days after the effective date of the adverse action to file.4California State Personnel Board. Appeals Resource Guide That clock runs from the effective date of the discipline, not the date you received the notice, so read both dates on the document carefully.
For local government employees, the appeal body varies. It might be a civil service commission, a personnel board, or a neutral arbitrator designated under a collective bargaining agreement. Local deadlines can be much shorter, sometimes as few as ten days. Check your agency’s rules and your union contract the day you receive an unfavorable decision, not later.
What the Appeal Hearing Looks Like
The appeal hearing resembles a trial far more than the Skelly meeting did. Both sides present witnesses, introduce documents, and cross-examine. You can be represented by an attorney or union representative. The employer carries the burden of proof, typically by a preponderance of the evidence, meaning it must show the alleged misconduct more likely than not occurred and that the discipline was appropriate.
The hearing officer or board then issues a written decision. For state employees, Government Code section 19583 gives the State Personnel Board broad authority. If the board finds the charges unsupported or the penalty excessive, it can modify or revoke the adverse action and order reinstatement with back pay and benefits.3California Legislative Information. California Government Code 19583 That decision ends the administrative process, but it is not necessarily the last word.
Judicial Review in Superior Court
If you lose at the administrative appeal, you still have one avenue left: a petition for writ of administrative mandamus in California superior court under Code of Civil Procedure section 1094.5. This is not a new trial. The court reviews the administrative record to decide whether the agency acted within its jurisdiction, whether you received a fair hearing, and whether the decision was supported by the evidence.5California Legislative Information. California Code of Civil Procedure 1094.5
In cases involving a fundamental right like public employment, California courts apply an “independent judgment” standard. The judge reweighs the evidence rather than deferring to the agency’s conclusions.5California Legislative Information. California Code of Civil Procedure 1094.5 That is a meaningful level of scrutiny. The court can overturn the discipline if it finds the agency’s findings are not supported by the weight of the evidence. Writ petitions have their own filing deadlines and procedural requirements, and most employees pursuing this route work with an attorney.
Protecting Yourself Through the Process
Track every deadline. The 30-day window to appeal to the State Personnel Board, or whatever shorter clock your local agency or union contract imposes, is unforgiving. Miss it, and you usually waive your right to challenge the discipline no matter how strong your case.
Keep copies of everything: the original notice of proposed action, the supporting materials the agency provided, your written response, any notes from the Skelly hearing, and the final notice of adverse action. If the agency failed to give you the investigation materials or the evidence against you before the Skelly hearing, document that failure. Procedural errors by the employer can themselves support a successful challenge.
If you have union representation, call your representative the day the unfavorable decision arrives. Many collective bargaining agreements route disputes to arbitration rather than to a civil service commission, and invoking that right runs on its own timeline. If you are not in a union and the discipline is serious, talking to an employment attorney before the appeal deadline passes is worth the cost. The evidentiary hearing is adversarial, and agencies usually bring experienced advocates to present their side.