10.2 Flashcards
1
Q
- Collective bargaining agreements (CBAs) contain what two things for represented employees?
A
Answer: The terms and conditions of employment. (ref pg 1-4 section 4 b)
2
Q
- Employees must promptly obey any lawful orders or directives from a supervisor, manager, or officer in charge. If an employee receives a conflicting order or directive, the employee must what?
A
Answer: respectfully call the conflict to the attention of the supervisor giving the last order. (ref pg 1-4 section 4 d)
3
Q
- Employees must promptly obey any lawful orders or directives from a supervisor, manager, or officer in charge. If an employee receives a conflicting policy order or directive, respectfully call the conflict to the attention of the supervisor giving the last order. If the person giving the last order does not change or rescind it, is the employee required to obey it outside what would be considered a reasonably-apparent illegal act?
A
Answer: Yes they must obey it, and is not responsible for disobeying the first order. (ref pg 1-4 section 4 d)
4
Q
- By policy, the Department has extended POBR rights to all other employees with the exception of who?
A
Answer: Cadets (ref pg 1-4 section 5a(1))
5
Q
- When a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command shall be made when? If the alleged misconduct is egregious, the supervisor or manager shall make notification when to the succeeding level in the chain of command?
A
Answer: As soon as it is practical / immediately (ref pg 1-4 section 6 a)
6
Q
A disciplinary legal action taken in response to an employee’s misconduct, or continued failure to meet the rules of conduct, established by law and/or departmental policy. This is a direct example of a:
a. Adverse Action
b. Internal investigation
c. Criminal investigation
A
a. Adverse Action
7
Q
True or False: The Department shall only administratively investigate allegations of misconduct when there is a nexus (or connection), between the act(s) and the individual’s employment with the Department. Normally, mere knowledge of employment status with the Department is insufficient to establish a nexus.
A
true
8
Q
True or False: The POST Commission shall adopt, by regulation, a definition of “Serious Misconduct” that shall serve as the criteria for ineligibility for, or revocation of, certification. Specified in PC Section 13510.8 (b) are nine categories. An example of one of these nine categories is, “Failing to intercede.”
A
t
9
Q
Absence Without Leave is the unauthorized absence for _____ consecutive working days (whether the absence was voluntary or involuntary) is considered an automatic __________ from state service, effective the last day the employee worked.
a. 7, resignation
b. 5, resignation
c. 10, termination
d. 5, termination
A
5, resignation
10
Q
All administrative interrogations shall or should be audio recorded.
A
Shall
11
Q
Employees shall be notified that misconduct for which they are being counseled may be charged in a future adverse action if the written document contains the Bazemore admonition. Accordingly, the Bazemore admonition shall be included in all _____________ which are counseling or remedial in nature. The Bazemore admonition shall be stated verbatim.
a. Memoranda of Direction (MOD)
b. Censurable Form 2
c. Notice of Adverse Action
A
a. Memoranda of Direction (MOD)
12
Q
The process by which an employee who has resigned (by being absent without leave [AWOL]) has the opportunity to present information to an impartial and uninvolved departmental member with the authority to recommend a final disposition is called?
a. Coleman Hearing.
b. Carter Hearing
c. Coleman Procedure
d. Skelly hearing
A
a. Coleman Hearing
13
Q
A _______________ is the lowest penalty in the adverse action process and may be used when a penalty greater than corrective action is necessary.
a. Informal written reprimand
b. Formal written reprimand
c. Informal verbal reprimand
d. Formal verbal reprimand
A
b. Formal written reprimand
14
Q
True or False: If the Lybarger Admonishment is given during an administrative Interrogation the subject has the right to refuse to answer administrative questions and their compelled statement cannot be used against them in a criminal proceeding.
A
False: they do not have the right to refuse to answer administrative questions
15
Q
Miranda warnings ________be given when an employing agency is conducting a criminal investigation on one of its employees:
a. Should
b. May
c. Shall
d. Should not
A
c. shall
16
Q
The predisciplinary hearing is an informal hearing in which an employee is given the opportunity to provide a response and/or mitigation regarding the proposed personnel action. The purpose of the hearing is to determine only if there are reasonable grounds that the charges against the employee are true and support the proposed action. Predisciplinary hearings are also known as:
a. Coleman hearing
b. Bazemore hearing
c. Skelly hearing
A
c. Skelly Hearing
17
Q
The POBR Act is comprised of GC Section 3300 et seq., and it established due process rights and protections for peace officers within California. By policy, the Department extends POBR to all employees, except _______.
a. Non-uniformed
b. Executive level staff
c. Cadets
A
c. Cadets
18
Q
Minor Discipline which involves a penalty consisting of a one to five working day(s) suspension or equivalent step-reduction in pay applies to only to who?
a. Bargaining Unit 5 members only (officers only).
b. Bagaining Unit 5 members only (officers and sergeants)
c. Bargaining Unit 5 and 7 members only (officers, sergeants and dispatchers)
A
b. Bagaining Unit 5 members only (officers and sergeants)
19
Q
True or False: Moral turpitude is defined as “conduct contrary to justice, honesty, modesty, or good morals.” If an employee has entered a deferred entry of judgement or diversion plea
and the criminal charges are later dismissed prior to sentencing, this does not constitute a conviction within the meaning of this section.
A
t
20
Q
What are the two expectations of supervisors and managers in regards to progressive discipline?
A
(1) Ensure employees are informed of expectations via briefings, ride-alongs, one-on-one discussions, training days, written acknowledgments of policy review, etc.
(2) Recognize those individuals who are meeting or exceeding standards by providing positive reinforcement and recognition, e.g., CHP 100 Form comments; commendable CHP 2, Incident Report, etc.
21
Q
What is the goal of progressive discipline?
A
Answer: improving employee behavior and/or performance
22
Q
Supervisors and managers may, should, or shall conduct regular and open discussions with employees on job-related issues.
A
Answer: Should
23
Q
A supervisor’s job is to provide employees with what kind of feedback regarding job performance?
A
Answer: critical, constructive, and comprehensive
24
Q
Supervisors must provide fair, engaged, and _________ supervision.
A
Answer: impartial
25
What is the goal of written or verbal corrective actions?
Answer: To bring the employee’s performance to an acceptable level and to prevent continued misconduct or poor performance.
26
What document must be read and understood when considering any form of corrective action?
Answer: Public Safety Officers Procedural Bill of Rights Act (POBR)
27
What are the two types of counseling?
Answer: Informal and Formal counseling.
28
What forms should formal counseling be documented on?
Answer: CHP 100, CHP 100PSD, or CHP 112.
29
What are examples of corrective documentation?
Answer: (a) Monthly evaluation comment (e.g., CHP 100, CHP 100PSD, CHP 112).
(b) Memorandum of Counseling.
(c) Memorandum of Direction
(d) Censurable CHP 2.
30
Which corrective document includes the Bazemore Admonition?
Answer: Memorandum of Direction (MOD)
31
If an employee does not respond to preventive and/or correction actions what is the next step in progressive discipline?
Answer: Adverse Action
32
What are the six types of penalties for adverse actions?
Answer:
(a) Formal Written Reprimand.
(b) Salary Reduction within Salary Range of the Class.
(c) Suspension.
(d) Involuntary Transfer.
(e) Demotion.
(f) Dismissal from State Service.
33
Q - How long is the CHP 7E Internal Investigation Control Log maintained at Division offices:
A - 5 years (Chap 4 pg. 4-3 Section 2(b)
34
Q - When will divisions update OIA with the CHP 7E via electronic email?
A - NLT close of business every Thursday (excluding holidays) (Chap 4 pg 4-3 Section 2(c)
35
Q - What rank shall the investigator be?
A - at least one rank higher than the involved employee (Chap 4 pg. 4-4 Section 3(c)
36
Q - Within how many days does the area and division commander have to forward the investigation to OIA
A- 60 Calendar days (Chap 4 pg 4-5 Section 3(f)
37
Q - When an employee of the department learns of a fellow employee being investigated by a law enforcement agency, what shall the employee do?
A - they shall immediately notify a supervisor or manager (Chap 4 pg. 4-5 Section 3(g)
38
Q - When potential criminal misconduct is identified what shall the commander do?
A - Notify Division, OIA and the Office of the Commissioner prior to any contact with a prosecuting authority regarding potential criminal misconduct by any dept. employee (Chap 4 pg. 4-6 Section 4(b)
39
Q - What are the two methods of conducting a criminal investigation?
A- Concurrent and consecutive (Chap 4 pg 4-6 Section 4(c)
40
Q - What method of investigation is conducted at the same time by a separate investigator?
A- Concurrent (Chap 4 pg. 4-6 Section 3(1)(a)
41
Q - Who generally conducts a criminal investigation?
A - The agency with primary investigative authority for the specified crime and or location. (Chap 4 pg 4-7 Section 4(d)
42
Q - What happens if the agency with primary investigative authority relinquishes or declines to conduct an investigation?
A - The involved Commander SHALL initiate and investigation (Chap 4 pg 4--7 Section 4(d)
43
Q - Can criminal investigators participate in administrative interrogations?
A - No, Shall not (Chap 4 pg 4-8 Section 4(e)(3)(a)
44
Q- What shall be included in with the administrative investigation for uniformed employees? What is different for non-uniformed employees?
A - Uniform -A copy of the criminal investigation and/or arrest record Shall be included.
*Non-uniformed employees arrest reports which have not resulted in a conviction cannot be included in the investigative file (Chap 4 pg 4-8 Section 4(e)(4)(b)(1)(2)
45
Q - When shall a non-uniformed employee be administrable investigated?
A - Any criminal misconduct resulting in a felony conviction, any criminal misconduct constituting a misdemeanor involving moral turpitude, or any criminal misconduct where the employed has established a nexus to the dept. (Chap 4 pg 4-9 Section 4(F)
46
Q - Which citizens’ complaints are required to be investigated?
A - ALL allegations of misconduct filed as a citizen’s complaint shall be investigated. (Chap 4 pg 4-9 Section 5)
47
Q - Should a formal investigation be undertaken if a complaint from department personnel or anonymous (with evidence to say it’s from within the dept)?
A - An investigation shall not be undertaken without having a basis for believing there is merit to the complaint. (Chap 4 pg 4-10 Section 6 (b)
48
Q - Who makes the initial inquiry into an employee alleged misconduct?
A - the commander (Chap 4 pg 4-10 Section 6(c)
49
Q - What shall be considered when the commander is making the initial inquiry?
A - If there is adequate evidence to corroborate the allegations (documents, witnesses), the egregiousness of the alleged misconduct, the employees work history, how the complaint was generated, the statute of limitations as it pertains to administrative and criminal investigations, whether the allegations have already been investigated (Chap 4 pg 4-10 Section 6(c) 1-6)
50
Q - Who is responsible for investigations involving a cadet?
A - The academy commander (Chap 4 pg 4-11 Section 7(a)
51
Q - What is the timeframe to conduct an adverse action?
A - 1 year (Chap 4 pg 4-12 Section 8 (a)
52
Q - An employee must be notified of the proposed disciplinary action within the one-year period except under what circumstances?
A- the investigation cannot be completed due to pending criminal investigation,
* the employees waive the one-year time period in writing,
*a reasonable extension is necessary to coordinate a multi-jurisdictional investigation,
*the investigation involved more than one employed,
*the investigation involved an employee who is incapacitated or otherwise unavailable,
* the investigation involved a matter of civil litigation and the employee is the defendant,
*the investigation a matter under criminal investigation and prosecution, (the one-year time period is tolled while the defendant's case is resolved)
* the investigation involved allegation of workers' compensation fraud by the employee (Chap 4 pg 4-13 Section 8 (a)1-8
53
Q - When can internal investigation of an employee be reopened beyond the one-year time period?
A - *Significant new evidence has been discovered that is likely to affect the outcome of the investigation and, the evidence could not reasonably have been discovered without resorting to extraordinary measures or the evidence resulted from the employee's disciplinary hearing response or procedure. (Chap 4 pg 4-13 Section 8 (b) 1-2)
54
Q - When shall a probationary employee be served with a notice of rejection during probation?
A - prior to the last day of the probation period (allowing time for the pre disciplinary hearing.) (Chap 4 pg 4-13 Section 8 (d)
55
Q - What shall be done to maintain the strict confidentiality of an investigation?
A - *Interviews, interrogations are done at a private location
* Limit the amount of info to witnesses
*Advise witness of the confidential matter (given direct order to not discuss)
*ensure all notes are secure and marked confidential and the chain of custody is maintained (Chap 4 pg 4-14 Section 9 (b)
56
Q - Can the employee under investigation be subjected to visits by the press or news media without their expressed consent?
A - No, shall not without their consent, nor their address be given (Chap 4 pg 4-14 Section 9 (c)
57
Q - If an employee is placed on a leave of absence are their peace officer powers revoked?
A - Yes. (Chap 4 pg 4-15 Section 10 (b)
58
Q - How long after an investigation is completed does the employees need to be notified?
A - 15 calendar days (Chap 4 pg 4-16 Section 10 (c)
59
Q - When being placed on a leave of absence what shall be done?
A - the employee shall be provided the original notice of leave of absence and the employee and person serving shall sign (Chap 4 pb 4-16 Section 10 (6) (b)
60
Q - An employee being placed on a leave of absence shall do what?
A - surrender all departmental issued identification and state building access, card/keys, badges, and officer safety equipment. (Chap 4 pg 4-17 Section 10 (6)(c)
61
Q - What is the time frame for informing an employee they are removed from the leave of absence?
A - 48 hours’ notice (Chap 4 pg 4-17 Section 10 (7)
62
Q – What happens if an employee becomes AWOL during an investigation?
A – The investigation SHALL be completed and documented. (Chap 4 pg 4-20 Section 10(4)(g)
63
Q – What shall the employee do when the discover they fail to meet the minimum qualifications for the job?
A – Immediately notify the commander (Chap 4 pg 4-20 Section 10 (i)
64
Q – What is available to assist in investigations to improve the quality and shorten completion times of in-dept administrative investigations?
A – Investigative Cadre (Chap 4 pg 4-21 Section 11 (b)
65
1. What is the Principal goal of an internal investigation?
To objectively identify the facts regarding the allegations of misconduct or substandard performance.
66
2. Each investigation is unique therefore all material must:
Be systematically gathered, verified, and documented.
67
3. The investigator should/shall have a preliminary meeting with the commander to outline the scope of the investigation?
Shall
68
4. POBR Review:
An investigator should review POBR to ensure the investigation is conducted in accordance with policy and law.
69
1. Administrative interrogations involve compelled statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations SHALL or SHALL NOT be used to support a criminal investigation.
Answer: Shall not
70
2. During the course of the investigation, an investigator may receive a request from a witness to remain confidential. Due to the accused departmental employee’s right to review the allegation(s), as well as the right to prepare a potential defense, requests for witness confidentiality CAN or CANNOT be honored.
Answer: Cannot
71
3. All statements from departmental employees who are interviewed as witnesses during internal investigations SHALL or SHALL Not be recorded.
Answer: Shall
72
4. Statements obtained from non-departmental witnesses are to be recorded, unless the witness objects to the recording. In such instances, a memorandum SHALL or SHALL NOT be prepared by the investigator summarizing the statements.
Answer: Shall
73
5. Unless previously approved by the Office of the Commissioner, video recordings SHALL or SHALL NOT be made of administrative interrogations.
Answer: Shall not
74
6. For all dismissal cases, the employee’s interrogation shall be SUMMARIZED or TRANSCRIBED in its entirety.
Answer: Transcribed
75
7. Prior to conducting an interview with an employee regarding potential criminal acts, investigators SHOULD or SHALL issue a Miranda Warning to protect the employee’s rights.
Answer: Shall
76
8. TRUE or FALSE: An administrative interrogation is a compelled statement. An employee refusing to answer questions or provide requested information can be deemed insubordinate.
Answer: True
77
9. The employee being interrogated SHALL or SHALL NOT have the right to bring a personal audio recording device and record any and all aspects of the interrogation.
Answer: Shall
78
10. The involved employee SHOULD or SHALL be provided official notice of interrogation covering the full scope of questioning.
Answer: Shall
79
11. The Notice of Administrative Interrogations shall have the following elements:
Answer: Scope of the interrogation, Rank, name, and command of the lead and assistant interrogators, Date, time and location of the interrogation, The right to representation.
80
12. The interrogation shall be conducted at a reasonable hour, preferably when the employee is _________ or during the employee's normal waking hours, unless the seriousness of the investigation requires otherwise.
A) On Duty
B) Off Duty
On Duty
81
13. If the interrogation is conducted outside of the employee's scheduled hours of work, the employee shall be entitled to COMPENSATING TIME OFF or OVERTIME.
Answer: Overtime
82
14. All questions directed to the employee under investigation shall be asked by and through no more than (HOW MANY) interrogators at one time.
Answer: 2
83
15. In accordance with Evidence Code § 970 - 981, the marital privilege exempts a married person from having to testify against a spouse in any proceeding. The intention of the martial privilege is to protect confidential communications between two individuals at the time they were in a marital relationship. However, in accordance with the opinion of the Office of Attorney General for the State of California, the above marital privilege DOES or DOES NOT exist when both spouses are uniformed members of the Department.
Answer: Does not
84
1. What form serves as the cover page for all administrative investigations?
CHP 7
85
2. What are the 4 components used in an internal investigation?
CHP 7, CHP 7A, CHP 7B, and Summery Narrative.
86
3. What are the four narrative sections used in the summary of an administrative investigation?
Investigative summary, Finding, Chronological summary, and exhibits
87
4. What are the 5 things that shall be included in the summary section of the narrative?
A description of the basic facts, how and when the department became aware, name of commander and date, description of any criminal investigation, numerical list of allegations
88
5. In the finding section the heading is followed by a separate listing for each allegation with a finding of _______ or ________ in bold.
Founded or Unfounded
89
6. Whether an investigation is founded or unfounded what shall be included?
A narrative which describes the basis for the finding with sufficient detail to justify how the investigation came to that conclusion.
90
7. If the allegation is founded a listing of what is included?
Applicable government code 19572 subsections violations.
91
8. What is the purpose of the investigative summary section?
Provide an overall description of the investigation to provide a basic understanding the case.
92
9. What is the purpose of the Finding section?
This section provides a finding for each allegation as well as a detailed justification for that finding.
93
10. What is the purpose of the Chronological summary?
This is a detailed sequential accounting of all investigatory actions taken.
94
11. What is the purpose of the exhibit section?
This is a numerical listing of all exhibits used or referenced in the investigation. (CHP 36, copies of documentary evidence, etc.)
95
12. What are the three types of Closing documentation?
Censurable CHP 2, Memorandum of Direction, Memorandum of Findings (Depending on the specific language, this may or may not be corrective in nature.)
96
13. Government Code § 3306 Admonition, Employees covered under the Public Safety Officers Procedural Bill of Rights Act (POBR) have the right to submit a written response within how many days?
30 days
97
14. When an internal investigation originates as the result of information reported by another departmental employee how many days do you have to provide the reporting employee any closing documentation?
30 Calendar days
98
15. Can a probationary period be extended to allow additional time for completion of an investigation?
No.
99
16. Does an employee’s separation from the department impact the investigation and document level?
No, shall not impact the investigation and document level.
100
1) Q. Who has the final approval authority for all administrative investigations?
A. The Commissioner. P. 8-4, section 2b
101
2) Q. Who has the final level of approval for adverse actions with a penalty of formal written reprimand, suspension of 1-5 working days, or the equivalent monthly step reduction?
A. Division Commander. P. 8-4, section 2b(1)
102
3) Q. Who has the final level of approval for adverse actions with penalty of 6-20 days, equivalent monthly step reduction, removal from specialty pay positions?
A. Assistant Commissioner. P. 8-5, section 2b(2)
103
4) Q. Who has the final level of approval for adverse action with a penalty of dismissal, demotion, suspension in excess of 20 days or equivalent monthly step reduction, rejection during probation?
A. The Commissioner or Deputy Commissioner. P. 8-5, section 2b(3)a
104
5) Q. The effective date of the adverse action shall be no less than __ days after the date of service of the notice
A. 25 Calendar days. P. 8-6, section 2e(1)a(1)
105
6) Q. An employee must have ___ days (includes the usage of leave credits, compensated time off) in a monthly pay period to have a qualifying pay period?
A. 11 or more working days. P. 8-7, section 2e(1)a(8)
106
7) Q. The employee and employee’s representative shall be granted how much time to review the administrative investigation file and prepare a PDH (pre disciplinary hearing) response?
A. 4 hours. P. 8-10, section 2e(2)a
107
1. What is the role of the Pre-disciplinary Hearing (PDH)?
Answer: To allow the affected employee an opportunity to respond prior to the imposition of discipline. (Rejection during probation, or termination, or reassignment for medical reasons as required by state law. (ref Chapter 9 pg. 9-3 section a)
108
2. What is the role of the Pre-disciplinary Hearing Officer (PHO)?
Answer: The role of the PHO is to serve as an unbiased, independent, non-involved reviewer of the proposed action. (ref Chapter 9 pg. 9-3 section b)
109
3. What are the requirements to select a Pre-disciplinary Hearing Officer (PHO)?
Answer: The PDH shall occupy a position within the department’s hierarchy above the level of the individual who initiated the action. (ref Chapter 9 pg. 9-3 section c1)
110
4. Who is responsible for scheduling the Pre-disciplinary hearing?
Answer: It is the employees’ responsibility to schedule the hearing and/or provide a response prior to the response period. (ref Chapter 9 pg. 9-4 section d1a)
111
5. Can a Pre-disciplinary Hearing postponed?
112
6. Are audio recordings required during Pre-disciplinary hearings?
Answer: Yes, in rare instances. If the employee or selected representative are not available within the designated timeframe. (ref Chapter 9 pg. 9-4 section d1a)
113
7. Are employees required to be notified if the Pre-disciplinary hearing is being recorded.
Answer: No. (ref Chapter 9 pg. 9-5 section 6)
114
8. Can an employee record the Pre-disciplinary hearing with a personally owned audio recording device?
Answer: Yes. However, the Pre-disciplinary Hearing Officer shall ensure the PDH is recorded concurrently with a departmental recording device. (ref Chapter 9 pg. 9-5 section 6)
115
9. Are employees entitled to choose their representative (within reason) during the Pre-disciplinary hearing?
Answer: Yes. Possibly: A union rep, An attorney, or other individual not a party in the investigation. (ref Chapter 9 pg. 9-5 section7)
116
10. What are the issues to be addressed by the Pre-disciplinary Hearing Officer?
Answer: 1) was the alleged offense committed, 2) Was the employee responsible or commit the offense, 3) is the assessed penalty appropriate. (ref Chapter 9 pg. 9-5 section 8a, 8b & 8c)
117
11. At the conclusion of the review, the PDH Officer may sustain the action, or make a recommendation to modify or rescind the action?
Answer: Yes. (ref Chapter 9 pg. 9-7 section e2a)
118
12. If it appears the penalty should be modified or rescinded based upon the review, who shall the Pre-Disciplinary Officer make the recommendation regarding the penalty?
Answer: The appropriate assistant commissioner or Office of the commissioner. (ref Chapter 9 pg. 9-7 section e2c)
119
13. In documenting the decision, if the employee’s response is in writing the PDH Officers written decision must be provided within ___ calendar days of the receipt of the response?
Answer: 14 Calendar days. (ref Chapter 9 pg. 9-7 section 3a)
120
14. In documenting the decision, if the employee’s response is given verbally, the PDH Officers written decision must be provided within ___ calendar days of the receipt of the response?
Answer: 7 Calendar days. (ref Chapter 9 pg. 9-7/8 section 3a)
121
15. If the employee submitted anything in writing during the during the review process (should/shall) be attached to the PDH Officers decision?
Answer: Shall. (ref Chapter 9 pg. 9-8 section b)
122
16. In a sustained action and there is no change in the discipline imposed, the PDH Officer shall forward the decision to?
Answer: The Area Commander. (ref Chapter 9 pg. 9-8 section 4)
123
17. If the PDH Officer believes the employees response warrants a modification or rescinding of the actions, the PDH Officer shall contact the appropriate Assistant Commissioner or Office of the Commissioner?
Answer: True. (ref Chapter 9 pg. 9-8 section 6)
124
18. If the request to modify or rescind the actions against the employee is denied by Assistant Commissioner or Office of the Commissioner, does the PDH Officer have to notify the Employee of the findings?
Answer: Yes. (ref Chapter 9 pg. 9-8 section 6a)
125
19. If the request to modify or rescind the actions against the employee is Approved by Assistant Commissioner or Office of the Commissioner, the PDH Officer shall notify the employee in writing of the modification to the penalty?
Answer: True. (ref Chapter 9 pg. 9-8 section 6b)
126
20. If a suspension is 5 days or less, can the employee use leave credits to satisfy the entire suspension period?
Answer: Yes. (ref Chapter 9 pg. 9-10 section c1)
127
If an employee separates from the Department during an administrative investigation what happens to the investigation?
Answer: The file shall be converted to a miscellaneous investigation and if the employee returns to the Department, the miscellaneous investigation will revert to a Request for Adverse Action, as appropriate.
128
2. What happens if, during an administrative investigation an employee begins short-term military leave prior to the completion of the investigation?
Answer: The employee shall be provided a memorandum advising that the one year timeframe for completion and service of the investigation has been tolled (paused) due to the employees unavailability.
129
3. Who shall be contacted for assistance and direction if an employee of an investigation begins long-term military leave prior to the interview or interrogation or prior to service of the notice or closing documentation?
Answer: The Office of Internal Affairs (OIA)
130
4. What happens when an adverse action has been initiated and the employee disability retires?
Answer: The investigation shall be completed and the employee shall be served with the Notice of Adverse Action.
131
5. A Commander SHOULD or SHALL accept a voluntary resignation from an employee against whom an internal investigation is pending.
Answer: SHALL
132
6. True or False? It is improper for managers or supervisors to exert undue influence with the intent of obtaining a resignation.
Answer: True
133
7. If an employee becomes absent without leave (AWOL), and investigation SHOULD or SHALL be documented using the CHP 7, Internal Investigation, form.
Answer: SHOULD
134
True or False? Cadets are protected by the rights afforded under the Public Safety Officers Procedural Bill of Rights Act (PBOR).
Answer: False
135
2. True or False? According to POBR, during an investigation and prior to an interrogation the employee shall be informed of the nature of the investigation, the name, rank, and command of the officer in charge of the investigation, and all other persons to be present during the interrogation.
Answer: True
136
3. According to PBOR, an employee under investigation and subject to interrogation that could lead to punitive action SHOULD or SHALL have the interrogation at a reasonable hour.
Answer: SHALL
137
4. True or False? After an interrogation and further proceedings are contemplated or prior to any further interrogation, the employee shall have access to any recording of the interrogation and a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except for those which are deemed confidential.
Answer: True
138
6. No public safety officer SHOULD or SHALL be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances.
Answer: Shall
139
7. If, after investigation and any pre-disciplinary response or procedure, the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within how many days of its decision, except if the public safety officer is unavailable for discipline?
Answer: 30 days
140
8. How long does a public safety officer have in which to file a written response to any adverse comment entered in the employees personnel file?
Answer: 30 days
141
9. Can a public safety officer be compelled to take a lie detector test?
Answer: No
142
10. True or False? A public safety officer can deny consent to the use of his or her photograph or identity as a public safety officer on the internet for any purpose if that officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his or her family?
Answer: True
143
11. Under what circumstances can a public safety officer have his or her locker or other space for storage searched? (prior test Q)
Answer: Only in the officer’s presence, with the employees consent, with notification to the employee that a search will be conducted, or unless a valid search warrant has been obtained.
144
1. True/False, When an Adverse Action is forwarded to Division for review you must include the case management forms.
Answer: False, (page 12-4, d.)
145
2. Upon service of an Adverse Action or closing documentation how long are the case management forms retained at the Area Office?
Answer: They are destroyed by the Area Commander (page 12-4, b.)
146
3. Which form is utilized for the case management tracking of an Adverse Action?
Answer: CHP 7F (12-5, Annex A.)
147
4. When are Commanders allowed to retrieve an Adverse Action or Miscellaneous Investigation file to check on the progress?
Answer: At any time (12-3, d.)
