CIU will notify the office regarding the date and time of the hearing the Skelly/Coleman Officer makes a recommendation to the appointing power either to sustain, modify, or revoke the action. It is the employee’s opportunity to present his/her side of the story. This hearing does not involve a cross-examination of witnesses. The person indicated in the “Notice” will coordinate the scheduling of the hearing with a “Skelly/Coleman Officer” (a person who is from outside the office taking the action). To Appointing Power (Skelly/Coleman Hearing – “due process”) – Prior to effective date of the action, the employee has the right to respond to the department, as specified in the action. One copy with backup documents is placed in the Adverse Action file.One copy without backup documents is placed in the employee’s Official Personnel Folder.The first page of the “Notice” is forwarded as a working copy to the appropriate Personnel Specialist/Supervisor in the OHR for processing purposes.OHR internal distribution of the “Notice” by the CIU consultant upon receipt from OLS is as follows: If the action is for termination, the CIU may prepare an Administrative Time Off letter to be served simultaneously with the action, as authorized by the office taking the action. Actions may be served either in person (by the office or process server) or by certified mail. All documents upon which the action is based are attached to the original notice when it is served on the employee. Once the “Notice of Action” is signed, OLS arranges to have the action served and distributes copies to the office, the State Personnel Board (SPB), and Office of Human Resources (OHR). The Program obtains the necessary Office Chief’s/Deputy Director’s signature on the final notice. The draft is sent to the supervisor/manager for review, clarification, and further substantiation.įinal Preparation/Signature of Notice of Action The Office of Legal Services (OLS) prepares a draft “Notice of Adverse Action” and recommends appropriate penalty. The CIU consultant discusses with the supervisor as necessary, including continued constructive intervention, if employee is not being terminated. The CIU consultant reviews chronology and documentation and recommends penalty. The supervisor must ensure management support of the action being pursued. Investigation of incidents and preparation of the chronology and supporting documentation is the responsibility of the supervisor/manager requesting the action. The office submits a chronology of the specific incidents of poor performance/conduct, with supporting documentation, and Adverse Action Information Summary (DGS OHR 1000) form, to the CIU consultant. informal action) and the documenting of performance issues or to inform of a forthcoming request for formal adverse action. Supervisors/managers should contact the Constructive Intervention Unit (CIU) to discuss the most appropriate constructive intervention (formal vs.
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