Pocket Guide to Due Process in Public Employment

$27.00

By Emi Uyehara
Updated by Margot Rosenberg and Kate Hallward
4th edition, 2016

Description

The right to procedural due process is one of the most significant constitutional guarantees provided to citizens in general and to public employees in particular. Its entitlement has been created by statute, charter, ordinance, and other local laws or enactments. This pocket guide provides an overview of due process in public sector employment to assist employees and their employers in understanding their respective rights and obligations.

The guide explains who is protected, what actions are covered, what process is due, remedies for violations, and more. A section focuses on the due process rights afforded to several specific types of employees: state civil service, public officers, police officers, school district employees, and community college district employees. The Pocket Guide also includes a discussion of Skelly and other key cases on due process and the liberty interest.

The Due Process Guide includes:

  • The most recent court decisions and relevant discussion of due process in the collective bargaining context
  • The types of actions subject to due process protections, and those not covered
  • The the process and procedures associated with investigations, pre-deprivation and post-deprivation stages
  • Available remedies for pre- and post- deprivation violations
  • Discussion of the Lybarger/Spielbauer admonition in the investigative stage, application of due process in the lay off context, and exhaustion of administrative processes requirement.

Author Emi Uyehara, now retired, was a partner in the San Francisco law firm of Liebert Cassidy Whitmore. Margot Rosenberg and Kate Hallward are partners in the law firm of Leonard Carder.

Table of Contents

TABLE OF CONTENTS

I. What is Due Process? 1
    A. Introduction 1
    B. Sources of the Right: The U.S. and California Constitutions 2
    C. What Is a Property Interest? 3
    D. Which Employees Have a Property Interest in Continued Employment? 5
    E.
Which Employees Do Not Have a Property Interest in Continued Employment?
5
        1. At-Will Employees 5
        2. Probationary Employees 6
        3. Temporary and Substitute Employees 7
    F. What Actions Are Covered? 7
        1. Dismissal 7
        2. Constructive discharge 8
        3. Forced Retirement 8
        4. Suspension Without Pay 8
        5. Involuntary Leave of Absence 9
        6. Demotion Resulting in Pay Reduction 10
        7. Job Abandonment 10
        8. Layoff 12
        9. Exception for Extraordinary Circumstance Requiring Immediate Removal 13
        1. Reprimand 14
        2. Transfer, Reassignment or Removal From Administrative Post 15
        3. Denial of Tenure 17
        4. Loss of Hours of Work 17
        5. Negative Evaluation 17
        6. Placement on Reemployment List 18
        1. Disciplinary Investigations 18
        2.
Pre-Deprivation Due Process Rights
20
        3. Post-Deprivation Due Process Rights 26
        1. Elements of the Liberty Interest 33
        2. What Process Is Due? 36
        3. Availability of Damages 37
        4. Other Sources of Rights for Deprivation Hearings 38
        5. Summary 39
II. Due Process Rights of Specific Types of Employees 40
    A. Public Officers 40
    B. State Civil Service 40
        1. Non-Managerial Employees 40
        2. Managerial Employees 41
    C. Trial Court Employees 41
    D. Police Officers and Firefighters 43
        1. Certificated Employees 45
        2. Classified Employees 53
    F. Community College District Employees 55
        1. Academic Employees 55
        2. Classified Employees 60
    G. Home Care Workers 62
III. Key Cases Regarding Procedural Due Process 65
    A. Pre-Deprivation Procedures 65
    B. Post-Deprivation Procedures 69
    C. Liberty Interest and Procedural Protections 70
    D. Remedies 72
IV. Glossary 68
V. Index of Cases 77
VI. Index of Terms 85