At what point am I entitled to legal representation in the disciplinary process?

Sworn Members

Pursuant to Section 3.2(a)(1) of the MOU, sworn members have the right to have a representative present at any interview conducted by the Internal Affairs Division. The Department must inform the employee whether he/she is a witness or a principal before the interview. Even witness employees are entitled to have a representative present upon request. Typically, MCDSA Directors and Officers provide witness representation.

How long does the Department have to complete an Internal Affairs investigation?

The Procedural Bill of Rights Act (POBR) was amended January 1, 1998 to provide that Internal Affairs investigations must generally be completed within one (1) year from the date the Department discovers the incident giving rise to the investigation. There are a number of exceptions to this time limitation including reasonable extensions for multi-jurisdictional investigations and investigations involving a matter in criminal litigation where the complainant is a criminal defendant.

Do I have to provide an Internal Affairs statement if my responses could subject me to criminal prosecution?

An accused employee who refuses to answer questions in an Internal Affairs interview and asserts the right against self incrimination may be disciplined for insubordination. If investigators determine before to or during of an Internal Affairs interview that an officer may be criminally charged, the accused employee must be advised of his or her Miranda rights. A statement given in an Internal Affairs interview or any information derived from the officer's statement may not be used to support the criminal prosecution of that officer. However, statements given in the Internal Affairs interview may be used for purposes of impeachment if the officer is criminally charged.

What is a Skelly hearing?

A Skelly is a hearing which must be provided to a permanent employee prior to the imposition of discipline. Generally, a pre-disciplinary hearing must be afforded in the case of termination, demotion, suspension, reduction in pay and transfer with an accompanying loss in pay. An employee’s Skelly rights entitle the employee to due process consisting of 1) notice of the intended disciplinary action; 2) a copy of all materials upon which the action is based; and 3) an opportunity to respond orally or in writing to an impartial reviewer prior to discipline being imposed. Employees who are released from probation are not entitled to a Skelly, but are entitled to an administrative review.

What are my rights if the disciplinary action is not resolved as a result of the Skelly hearing?

Employees whose discipline is not resolved at the Skelly stage are entitled to appeal the disciplinary action to the Civil Service Board. The burden of proof rests with the Department to demonstrate there was just cause for the discipline and, if so, what the appropriate penalty is for such conduct. Both are evidentiary hearings wherein the member has the right to present evidence and call witnesses. The accused employee also has the right to testify in his or her own behalf.

Both the employee and the County have the right of appeal to Superior Court if either is dissatisfied with the Civil Service Board’s decision.

What is a grievance?

A grievance is defined as a complaint that the collective bargaining agreement, i.e. MOU, or in rare cases the policy and procedures of the Mendocino County Sheriff’s Office has been violated. Grievances must be processed pursuant to our MOU and General Orders.

Disclaimer

This article has been prepared as general information for members of the Mendocino County Deputy Sheriff’s Association. The information may be pertinent to issues which you encounter as a member and employee of the Mendocino County Sheriff’s Office. Thus, while every effort has been made to ensure accuracy, you should not act on the information contained herein without seeking more specific legal advice in the application and interpretation of this information to any particular situation.