By now you’ve likely seen that the City of Fullerton and the Fullerton Police Department cut a deal with Lieutenant Kathryn Hamel and in doing so bypassed CA’s disclosure law known as SB1421.
We just received a tip which gives us some context into this whole Hamel ordeal. Most of the details are buried but a diligent anonymous soul divulged some of it.
First it appears that Lieutenant Hamel was the subject of two internal affairs investigations and at least one of them was completed. This first image shows this much.
We know, thanks to Transparent California, that Fullerton at the time only had 6 Lieutenants.
But to narrow it down more we were also sent the following:
This arrest of Rock Wagner resulted in a lawsuit against the City of Fullerton which we believe is still pending.
Finally we have this image which was sent along to show that even the settlement agreement was written to omit certain facts.
It would seem that Hamel wasn’t innocent of the charges that led to the internal affairs investigations because they rescheduled a “Skelly” hearing against her.
Now let us put that in context with our earlier post:
“all charges against Hamel, including charges relating to dishonesty, deceit, untruthfulness, false or misleading statements, ethics or maliciousness were never resolved or proven because there was no Skelly hearing or opportunity for appeal and, accordingly, are not sustained.”
If you’re wondering what a “Skelly” hearing is I’ll let the city of Fullerton’s own city attorney Jones & Mayer lay it out:
Due process requires that any deprivation of life, liberty, or property be preceded by notice and opportunity for hearing appropriate to the nature of the case. In California, this is referred to as a Skelly hearing or conference, after the California Supreme Court decision in Skelly v. State Personnel Board, 15 Cal. 3d 194 (1975).
The Ninth Circuit held that, at a minimum, these pre-removal safeguards must include notice of the proposed action, the reasons therefore, a copy of the charges and materials upon which the action is based, and the right to respond, either orally or in writing, to the authority initially imposing discipline.
Basically you don’t schedule a skelly hearing unless you’re going to discipline somebody and take something away from them – usually their job. Continue reading