What are my rights if the disciplinary action is not resolved at the Skelly hearing?

Officers who are removed, discharged, or suspended and whose discipline is not resolved at the Skelly hearing are entitled to a Civil Service Hearing with the City’s Civil Service Commission. In a Civil Service Hearing, the Department bears the burden of demonstrating that there was just cause for the discipline and, if so, what the appropriate penalty is for such conduct. Generally speaking, each side has the right to call and cross-examine witnesses, and introduce documentary and other evidence. At the conclusion of the hearing, the hearing officer will prepare a recommended decision for consideration by the Civil Service Commission. The Commission need not accept the hearing officer’s decision and may make modifications consistent with the Civil Service Rules. The Commission is also free to make changes relative to the penalty recommended by the hearing officer. Once any changes are made to the decision, the Commission will adopt the decision as its own. Both the officer as well as the City have the right of appeal to Superior Court if they are dissatisfied with the decision.