What Is Required Of An Administrative Appeal Under The Pobar Act?

The type of administrative appeal is not clearly definitive by POBAR and is subject to dispute. An officer wishing to appeal a punitive action must take advantage of existing administrative avenues. Such appeal must follow the standards of fair play and due process. An officer may also be entitled to a pre­discipline notice and opportunity to respond to the charges required by constitutional due process. Such a pre­discipline due process right to respond in state service is known as a skelly hearing, named after a California court case. An officer should always contact his or her union and/or appropriate counsel.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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