10.2 Flashcards
1
Q
Investigations of allegations shall be done ———-, ———–, and in a —— manner.
A
Thoroughly, objectively, in a timely manner
2
Q
T/F
Investigations should be conducted in a manner which will ensure all applicable protections are afforded
A
SHALL
3
Q
Government Code § 19173 provides the authority to reject a probationary employee for reasons relating to the probationer’s qualifications, the good of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility.
A
Know this whole thing
4
Q
If an employee is subject to the terms of a CBA, it (shall/should/may) be reviewed. If the CBA has different processes, which process shall be used?
A
Shall always be reviewed/ process in the CBA shall be used
5
Q
Except where otherwise indicated, the authority to take adverse action or initiate a rejection during probation is vested with the appointing power:
A
The Commissioner, who may designate
6
Q
If an employee receives a conflicting order or directive, the employee must 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, the employee must obey:
A
The last order given, and is not responsible for disobeying the first order
7
Q
Employees in doubt as to the legality of an order (shall/shall not/should/should not/may/may not) request clarification from the issuer. After clarification is received, if the employee still believes the order is unlawful, the employee shall:
A
1-(Shall)
2-seek direction and/or guidance through the chain of command
8
Q
T/F
By policy, the Department has extended POBR rights to all other (non-peace officer) employees including cadets.
A
False, extended to all other employees except cadets
9
Q
Commanders (shall/shall not/should/should not/may/may not) require all involved supervisory and managerial staff to review Chapter 11, Public Safety Officers Procedural Bill of Rights Act (POBR), prior to the initiation of an internal investigation
A
Should
10
Q
T/F
A command needs Division concurrence to initiate an internal investigation
A
True
11
Q
Notifications of internal investigations when reported to IA shall include the following information:
A
(1) Investigation control number.
(2) Name, rank, ID # of the employee(s) involved.
(3) Date(s) of the alleged incident, the date the Area became aware of the misconduct, and the date the investigation is due to OIA.
(4) If rejection during probation is being considered, the date the employee’s probation ends shall also be included.
(5) Brief summary of the alleged misconduct or substandard performance.
12
Q
Adverse Action penalties include the 6 follow possible actions:
A
Formal written reprimand. Suspension. Reduction in salary. Demotion. Involuntary transfer. Dismissal.
13
Q
The Department may reject any employee during the probationary period for reasons relating to the probationer’s qualifications, for the good of the service, or for failure to demonstrate:
A
merit, efficiency, fitness, and moral responsibility
14
Q
Absence Without Leave is absence for (#) consecutive working days is considered a ———–
A
Five/resignation
15
Q
Accordingly, the Bazemore admonition shall be included in all Memoranda of Direction (MODs) which are ———- or ——– in nature
A
Counseling or remedial
16
Q
T/F
Blaze more shall be used in all MODs but may be paraphrased.
A
False….shall be used and shall be verbatim
17
Q
T/F
Minor Discipline is only that discipline which involves a penalty consisting of a one to five working day(s) suspension or equivalent step-reduction in pay.
A
True
18
Q
Incompetency.
A
Lacking the requisite skills or abilities to effectively perform one’s duties
19
Q
Inefficiency.
A
Inefficiency is related to a failure to perform one’s duties productively and consistently
20
Q
Inexcusable neglect of duty.
A
An intentional or grossly negligent failure to exercise due diligence in the performance of a known official duty without lawful excuse or justification
21
Q
Insubordination.
A
A demonstrated unwillingness to submit to authority
22
Q
T/F
Failure to comply with policy, even if the employee is aware of the policy, does not constitute willful disobedience.
A
N n n. True
23
Q
Progressive discipline is intended to modify an employee’s ——–, and should ——– and —– the employee to act and perform in accordance with established standards of conduct.
A
Behavior
Instruct
Train
24
Q
T/F
Interim Reporting is a disciplinary action.
A
False
25
It is the supervisor’s responsibility to ------ and ---- the employee in the right direction, as opposed to:
Engage and lead
merely documenting the actions of the employee
26
This is accomplished by providing specific directives to the employee:
Corrective Action
27
T/F
Informal counseling is subject to the grievance process, and therefor, the employee would be entitled to representation
False and false....informal counseling is considered business communication and therefor neither is applicable
28
T/F
Informal counseling should be documented on the affected employees 100 form.
False, should be documented on the CHP 112
29
T/F
The primary difference between formal and informal counseling is documentation. After formal counseling, the employee receives some form of documentation regarding the counseling session
True
30
Corrective documentation can take the form of any of the following:
(a) Monthly evaluation comment (e.g., CHP 100/CHP 112).
(b) Memorandum of Counseling.
(c) Memorandum of Direction
(d) Censurable CHP 2.
31
The MOC (does/does not) normally contain the Bazemore Admonition
Does not
32
The MOD (shall/shall not/should/should not/may/may) not contain the Bazemore Admonition
Shall
33
A censurable Form 2 (shall/should/may) contain documentation of an employee’s actions, as well as directives and expectations AND (shall/shall not/should/should not/may) contain the Bazemore Admonition
Should/ shall not
34
adverse comments are subject to the Informal Dispute Resolution process as per this document:
MOU for unit 5
35
The CHP 7E shall be maintained at Division offices for a period of ---- years from the end of the calendar year and in a location that ensures confidentiality
five (5)
36
An internal investigation investigator (may/may not) utilize lower ranking departmental personnel with specific qualifications in an investigation
May, but the scope of involvement must not exceed the area of their expertise
37
Commanders shall ensure the investigation is forwarded to OIA within (#) calendar days from the date the Area becomes aware of the misconduct
60 calendar days
38
T/F
Under no circumstances shall an internal investigation exceed 60 calendar days.
False: In complex cases where the investigations will exceed 60-days, the Division commander should contact the appropriate Assistant Commissioner to request an extension
39
Whenever any employee of this Department learns that any LE agency is investigating criminal misconduct involving a member of the Department (including self), the employee (shall/shall not/should/should not/may/may not) immediately notify a supervisor or manager
Shall
40
Employees (shall/should/may) be informed of the availability of resources, such as Employee Assistance Program (EAP), at appropriate times during the investigation.
Shall
41
T/F
When conducting concurrent investigations, it is imperative the investigators observe the employee’s rights in the criminal portion of the investigation.
True, so that neither investigation is tainted
42
It is usually (best/encouraged/discouraged) to maintain complete separation of administrative and criminal investigations
Best
43
When the criminal investigating and/or prosecuting authorities request a departmental investigation of an employee not be conducted,
OIA shall be consulted through channels
44
If an allied agency with primary investigative authority relinquishes or declines to conduct the investigation, the involved employee’s commander (shall/should/may) initiate the criminal investigation
Shall
45
Criminal Interrogations, if performed, shall be conducted (subsequent/prior) to the administrative interrogation if involving the same employee
Prior
46
If an administrative interrogation needs to be conducted in addition to the criminal interrogation, the prosecuting authority shall be consulted to ensure:
The criminal investigation is not compromised.
47
T/F
Both a criminal and administrative interrogations shall be conducted in all cases involving both a criminal and administrative investigations.
False, the admin interrogation only need be done if clarification in regards to department specific policy is needed
48
T/F
To maintain the separation between investigations, criminal investigators shall not participate in administrative interrogations (although it may be permissible to assist in planning the interrogation)
True
49
T/F
Once the administrative interrogation has been conducted, the administrative and criminal investigators may coordinate and exchange further information.
False: they shall not have any further contact regarding the investigation until all criminal aspects have been resolved
50
T/F
n general, information gathered during either a criminal or administrative investigation may be included in the other investigation.
True: as long as it was gathered from a source that both administrative and criminal investigators would have had legal access. This will commonly allow the administrative investigator to have access to all information gathered in the criminal investigation, but can preclude the criminal investigator from having access to material from the administrative investigation
51
T/F
Except as required by Penal Code § 832.7, evidence gathered during an administrative investigation may be released to an allied agency without first contacting OLA, and only with approval from the Office of the Commissioner.
Shall not
52
The decision (whether criminal charges are filed or rejected by the prosecuting authority) shall be documented in the administrative investigation file, and must include:
listing the name of the person authorizing or rejecting criminal prosecution
the date the case was referred to the prosecuting authority
53
If an employee of this Department is requested to be interviewed by investigators pursuant to a civil rights investigation, the following 3 guidelines shall apply:
(1) The decision to consent to an interview regarding a civil rights investigation (witness or subject) shall be at the sole discretion of the departmental employee.
(2) If conducted on state time, a departmental supervisor shall be present.
(3) Interviews conducted on state time shall be tape recorded.
54
T/F
If a complaint is lodged by an anonymous source within the department, a formal complaint shall be undertaken.
False, shall not, unless there is a basis to believe there is merit to the allegations
55
T/F
As with all multiple employee investigations, all employees shall be combined into a single internal investigation file prepared with its own investigation control number.
False, each employee shall have a separate investigation file
56
An internal investigation of an employee may be reopened beyond the one- year time period if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation, and
(2) One of the following conditions exists:
(a) The evidence could not reasonably have been discovered without resorting to extraordinary measures by the Department.
(b) The evidence resulted from the employee’s predisciplinary hearing response or procedure.
57
probationary employee must be served with a notice of rejection during probation prior to the last day of the probationary period, allowing:
time for the predisciplinary hearing.
58
Departmental employees, upon receiving notification of an interview/interrogation (and at the conclusion of each interview/interrogation), may be given a direct order not to discuss their interview/interrogation with anyone other than their chosen representative or a supervisor/manager within their chain of command.
False, shall be given the direct order
59
T/F
For uniformed employees, a department initiated leave of absence will also invoke a removal of peace officer powers
True
60
T/F
When an employee is placed on a leave of absence, OIA shall be notified by electronic mail, OIA Notification@chp.ca.gov, with a copy to Human Resources Section at PTU@chp.ca.gov.
True
61
When an employee is placed on a leave of absence without pay, the investigation must be completed, reviewed, and the employee served with the notice of adverse action within:
15 calendar days.
62
The employee shall be provided (the original/a copy of the) Notice of Leave of Absence and both the employee and person serving it (shall/should) sign
Original/Shall
Employee should sign as well, but if refuses, supervisors shall indicate so in signature block
63
A Department-initiated leave of absence may be terminated at any time by providing the employee with (#) hours notice
48 hours
64
Approval through channels from the appropriate --------- ------------ shall be obtained before a commander may remove peace officer powers
Assistant commissioner
65
If during an investigation, allegations of discrimination, harassment, and/or racial profiling are discovered, notifications (shall/should/may) be made to Division and the Office of EEO, and a separate investigation, conducted concurrently or consecutively with the internal investigation, (shall/should/may) be initiated
Shall/May
66
T/F
The reimbursement to the Department for lost equipment shall cover the original purchase cost to the Department.
False....shall cover the current replacement or repair cost
67
T/F
Th Worker’s Compensation Fraud Investigation Unit is responsible for investigating ALL instances of alleged workers’ compensation insurance fraud by members of the Department.
True
68
T/F
The principal goal of all internal investigations is to ----------- identify the ----- regarding allegations of misconduct or substandard performance
Objectively/Facts
69
For each allegation, the investigator must examine:
a. If the alleged act(s) or omissions actually occurred and what proof can be obtained.
b. What the employee specifically violated (Government Code, policy, etc).
c. What prior knowledge did the employee have that such conduct was not acceptable (through training, experience, prior progressive discipline, admission of knowledge, etc.).
70
T/F
Chronological summary entries are to be written in the third person
True: ie: On December 5, 2010, at approximately 1650 hours, Sergeant Smith attempted to contact Mr. Jones by telephone at his residence, but there was no answer
71
T/F
If an employee separates from the Department during an investigation, the investigation shall not be completed in its entirety
False, shall be completed
72
T/F
If at the conclusion of an internal investigation adverse action or rejection during probation is unwarranted, the investigative file shall be prepared as a Miscellaneous Investigation.
True
73
T/F
The investigated employees commander shall concur with the scope of the allegations and how they will be investigated.
True
74
New investigators (shall/should/may) be paired with a mentor investigator
Should
75
T/F
Employee history review shall not be recorded in the chronological summary.
False...shall be
76
T/F
If the questionnaire is utilized, a list of recipients shall be included in the file; however, only relevant responses from citizens shall be included in the investigative file
False, all responses shall be included
77
T/F
where there is a need to review a MVARS video not covered by the threshold/non-threshold criteria, the Division commander’s approval shall be obtained and the Office of Employee Relations shall be notified. Each circumstance will be evaluated:
True/on a case by case basis.
78
T/F
Nothing in the MVARS review policy prohibits disciplinary action, with commander’s approval, for those instances where the behavior or action becomes habitual after being addressed informally
True
79
Employees reviewing MVARS recordings should remain ------- on the incident at hand, and should only view those recording -------- to the incident in question.
Focused/relevant
80
T/F
A medical release shall be obtained for medical records contained within the employee’s personnel file or as a part of a work-related injury/illness.
False, is not necessary
81
T/F
In accordance with Government Code § 3308, employees shall not be required or requested for purposes of job assignment or other personnel action (e.g., adverse action) to disclose any item of personal
True; except:
The privilege does not apply to information obtained or required under state law or proper legal procedure.
If the information tends to indicate a conflict of interest with respect to the performance of the employee’s official duties
82
Peace Officers: Labor Code § 432.7 (allows/prohibits) investigators to request copies of records pertaining to the arrest or detention of peace officer employees prior to conviction
Allows
83
T/F
Labor Code § 432.7 permits investigators to seek and request copies of records pertaining to the arrest or detention of non-uniformed employees prior to conviction, as well as any record regarding a referral to, and participation in, any pretrial or post-trial diversion program.
False, Prohibits seeking pre conviction or any of the diversion documents
84
T/F
Employees may be compelled to submit to a polygraph or voice stress analysis
False, shall not be. May voluntarily submit to, but refusal cannot be held against, or used against in later proceedings
85
T/F
The notification of destruction/repair memorandum shall be provided to the employee no less than 10 days prior to the destruction or repair to provide the employee (and/or employee’s representative) an opportunity to examine the evidence
False within a reasonable time prior
86
T/F
If the involved employee (driver) is the subject of an administrative investigation, the employee shall be given notice prior to any repairs to the vehicle, despite operational need.
True
87
Evidence pertaining to an administrative investigation shall be stored for a minimum of (#) years; (T/F): beginning with the date the investigation is initiated or the life of the investigative file, whichever is shorter.
Five/false, which ever is longer
88
Evidence from administrative investigations shall:
A) remain in the command which originally completed the investigation
B) be transferred to the new command following any transfer of the involved employee(s)
C) be forwarded to OIA upon transfer of any involved employee
A-remains despite transfers
89
In most instances, personal containers present on state property or in a locker (may/may not) be searched without a warrant or consent.
May not
90
T/F
When the command has allowed a reasonable expectation of privacy, such as issuance of a key to the desk, the desk may not be searched without a warrant.
False, provisions of Government Code § 3309 apply, employee must be present, notified, or search warrant. But 3309 only applies to desk owned by state.
91
T/F
An employee’s desk can normally be entered by a supervisor when looking for work product.
True
92
T/F
If, during the course of an administrative investigation, a witness requests his/her ice tenth remain confidential, the request shall be granted.
False, due to the right to review the statements and prepare a defense, that request cannot be honored
93
All statements from departmental employees who are interviewed as witnesses during internal investigations (shall/shall not/should/should not/may/may not) be recorded
Shall
94
T/F
an investigator may surreptitiously record, monitor, or eavesdrop on a departmental employee so long as it is part of a criminal investigation
True, with prior consult with OIA
95
T/F
Unless previously approved by the Office of the Commissioner, video recordings shall not be made of administrative interrogations
True
96
T/F
All interviews and criminal and/or administrative interrogations shall be summarized on a memorandum and subsequently transcribed.
False, summarized or transcribed
97
T/F
Investigator’s notes need not be preserved as long as the information is incorporated into a memorandum summarizing the interview
True
98
For all dismissal cases, the employee’s interrogation (shall/should/may) be transcribed in its entirety
Shall
99
If investigator believes the employee is either admitting to actionable misconduct or is engaging in misconduct through failure to cooperate, the interview (shall/should/may) be immediately stopped to protect the employee’s rights.
Shall
100
All persons present (shall/should/may) verbally identify themselves by name, rank or title, and assignment.
Shall
| to enable subsequent voice identification of the persons present
101
T/F
Whereas employees are generally given advance notice of administrative interrogations, such notice shall be given prior to criminal interrogations.
False, notice is not normally given in criminal interrogations
102
T/F
When an employee is subject to a criminal interrogation, the employee shall only be admonished of Miranda rights prior to any questioning if the setting constitutes a reasonable belief the employee is in a custodial situation.
False, shall be administered, (Government Code § 3303[h]).
103
T/F
While criminal investigators may not participate in an administrative interrogation, an administrative investigator should observe the criminal interrogation.
True
104
T/F
T/F
A statement voluntarily provided by an employee in a criminal interview should be included in both investigations. And conversely, a compelled statement obtained in an administrative interview should be included in the criminal investigation.
True
False, cannot be
105
T/F
To maintain the separation between investigations, criminal investigators shall not participate in administrative interrogations.
True
106
T/F
Interrogation of the employee shall be conducted in all cases.
False, is not necessary in all cases.
107
Subjecting an employee to multiple administrative interrogations regarding the same matter:
A) shall not be allowed
B) should be avoided
C) requires approval from the appropriate AC
B) should be avoided
108
Prior to an employee being the subject of additional administrative interrogations regarding the same subject area(s), the employee (shall/shall not/should/should not/may/may not) be given a copy of the recordings of all previous administrative interrogations
Shall, and with reasonable time prior to re-interview
109
If an employee is unavailable for notice of interrogation, the employee:
A) shall be advised verbally (of the information contained in the notice).
B) shall not be noticed verbally only.
C) shall be faxed or emailed the notice.
Shall be noticed verbally of info in notice, but shall be given written notice prior to actual interrogation
110
T/F
An employee has a right against self-incrimination and, by issuing the “Lybarger warning,” the Department may obtain a compelled statement.
True...Therefore, the CHP 8A shall be read verbatim.
111
The CHP 8 (shall/should/may) be read in its entirety while being recorded during an interrogation.
Shall
112
An employee refusing to respond to questions or submit to an interrogation (shall/should/may) be informed that failure to answer questions directly related to the investigation or interrogation may result in adverse action.
Shall
113
Typically, investigators (shall/should) not question employees regarding matters not mentioned in the Notice of Administrative Interrogation; however, such issues volunteered by the employee during the interrogation (shall/should/may) be addressed to their logical conclusion.
Should not/ may be
114
At the conclusion of the interrogation, the employee representative (shall/should/may) be allowed an opportunity to question the employee to clarify -----, make ---------- ---------- , or suggest other employees who have knowledge of them
Shall
Facts/clarifying statements
115
Employees covered under the Public Safety Officers Procedural Bill of Rights Act (POBR) have the right to submit a written response within (#) of days to any adverse comment entered into the employee’s personnel file, including a censurable CHP 2, Memorandum of Direction, or Memorandum of Findings
30 days
116
closing correspondence shall be prepared by the investigating command and provided to the reporting employee within (#) (business/calendar) days of the administrative investigation being approved
30 Calendar
117
Probationary periods (may/cannot) be extended to allow additional time for completion of the investigation
Cannot
118
T/F
An employee’s separation from the Department prior to the completion of the internal investigation allows the Department the option of terminating the investigation.
False: shall not impact the investigation and documentation level.
119
Upon receipt of the approved investigation file from Division, the command shall prepare (#) total copies (the original plus (#) copies) foe distribution.
5 total, original + 4
120
Once finalized, ( the area/OIA/Division) will prepare a Notice of Adverse Action, Notice of Non-Punitive Termination, or Notice of Rejection During Probation for approval by the appropriate Commissioner or Division commander
OIA
121
For Officers/Sgt's/Non-Uniformed
The effective date of the adverse action shall be no less than (#) (business/working/calendar) days after the date of service of the notice.
25 calendar days
122
An employee must have (#) or more working days (includes the usage of leave credits, compensated time off) in a monthly pay period to have a qualifying pay period
11 or more
123
For Officers/Sgt's
Suspension days are to be scheduled consecutively, with no regular days off (RDOs) or holidays (during/outside of) the suspension period. Any RDOs for a given state pay period must be scheduled (during/outside) of the suspension period
During
Outside of
124
An adverse action with a penalty of demotion shall become effective at 1700 hours on a date at least (#) (business/working/calendar) days after the last day of the PDH period
15 Calendar
125
T/F
The effective date can also be set earlier, if the situation warrants, but shall not be any earlier than five (5) business days after the last day of the PDH period.
True
126
T/F
The employee and employee’s representative shall not be granted state time to review the administrative investigation file or prepare a PDH response.
False, shall be granted four (4) hours of state time to review the administrative investigation file and prepare a PDH response
127
Per policy, the PDH period starts the day after the notice is served and ends at 1700 hours (#) (business/calendar/working) days later for uniformed employees, and (#) (business/calendar/working)later for non-uniformed employees.
U: 10 working days
N: 5 working days
128
If the notice is served by mail, the Area commander shall take into account (#) (business/calendar/working) days for delivery when designating the PDH period. If the address is out of state, (#) (business/calendar/working) days shall be added.
5 calendar days
10 Calendar days
129
The original Notice of Adverse Action, Notice of Rejection During Probation, or Notice of Non-Punitive Action shall be served on the employee (within 5 days/within 24 hours/as soon as possible) following receipt
As soon as possible
130
All notices shall be served within (#) (business/working/calendar) days of the Department’s decision to impose discipline, defined as:
30 calendar days
131
In those cases where personal service of a notice is not feasible, and service by mail becomes necessary, the date of service is:
A) the date received/signed for by the employee
B) the date of mailing
C) 10 business days after the date of mailing
B) the date of mailing
132
The completed notice and signed CHP 7C shall be faxed to OIA
A) within 24 hours following service.
B) within 48 hours following service.
C) as soon as possible following service.
C) as soon as possible following service.
133
All administrative investigations shall be destroyed after a period of (#) years, commencing from the date:
5 years
the employee is served with the Notice of Adverse Action or the closing documentation
134
Investigations which resulted in a formal written reprimand shall be retained for (#) years; however, a copy of the formal written reprimand shall be removed from the field personnel folder after a period of (#) years from the date the employee was served with the Notice of Adverse Action.
5 years
3 years
135
Any corrective documentation issued to an employee as the result of an internal investigation shall be removed from the employee’s field personnel folder after a period of (#) years from the date of issuance
3 years
136
Any corrective document, as it is an exhibit, shall remain with the internal investigation
A) until the scheduled destruction of the investigation.
B) , and removed at the time it is removed from the personnel file (3 years).
C) until 5 years after the employees retires.
A)
137
The CHP 7E shall be maintained by each Division for a period of (#) years from:
A) the date closing documentation is served.
B) the end of the calendar year.
C) the date of the investigation initiation.
5
B)
138
Commanders shall make --------- reports to OIA advising of the status of all employees on probation.
A) weekly
B) monthly
C) twice annually
D) quarterly
D)
139
T/F
Any rescinded corrective or closing documents shall be removed from all files with the exception of the OIA file.
False, all copies shall be destroyed
140
If it is determined that the penalty will be rescinded, the action will be converted to:
a miscellaneous investigation
141
T/F
If the employee is not satisfied with the PDH officer’s decision, the California Association of Highway Patrolmen may submit a request for arbitration.
True
142
T/F
Eligibility to use leave credits in lieu of serving an adverse action penalty, or portion thereof, is available to all state employees but required specific approval from the appropriate Division commander.
False: requires specific authorization from applicable collective bargaining agreements. Currently, the use of leave credits applies only to Bargaining Unit 5 employees and non-represented employees
143
The request to use leave credits shall be made by the employee or representative prior to:
the conclusion of the PDH period
144
An employee may file an appeal with the SPB Appeals Division no later than (#) (business/working/calendar) days after the effective date of a Notice of Adverse Action
30 Calendar
145
A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than (#) (business/working/calendar) days after the effective date of the rejection.
15 calendar
146
T/F
Bargaining Unit 5 and non- represented employees may appeal a minor discipline adverse action penalty by submitting a request for arbitration.
True
147
The request for arbitration in a minor discipline Decision must be submitted in writing to OIA within (#) (business/working/calendar) days of the date the PDH officer’s decision was received by the employee
14 calendar
148
After receiving the Notice of Appeal, the originating commander (shall/should/may) appoint a case coordinator (typically the lead investigator), who will ensure the matter is properly prepared for hearing
Shall
149
In the case of an appeal, and Subsequent to notification by OLA of the assigned counsel, the case coordinator (shall/should) establish immediate contact with the attorney and be prepared to discuss the case
Should
150
T/F
An employee may file an appeal at any point during the PDH period.
False: the employee must have exercised predisciplinary review rights, thus making the employee eligible to file an appeal
151
If the employee is not satisfied with the PDH officer’s decision in regards to a written reprimand, the employee association may submit an appeal to the:
Office of the Commissioner
152
The appeal of the PDH officers decision on a written reprimand must be submitted in writing to OIA within (#) (business/working/calendar) days from the date the PDH officer's written decision was received
14 Calendar days
153
T/F
The Office of the Commissioner will respond in writing to the written reprimand appeal thru the employee association within 14 calendar days
True
154
At least (#) (business/working/calendar) days before the effective date of a proposed adverse action, rejection during the probationary period, or non-punitive termination, demotion, or transfer, the appointing power, or an authorized representative of the appointing power, shall give the employee (written/oral/either written or oral) notice of the proposed action
5 working
Written
155
At least (#) (business/working/calendar) days before the effective date of a medical termination, demotion, or transfer, or an application for disability retirement, the appointing power, or an authorized representative of the appointing power, shall give the employee written notice of the proposed action
15 calendar
156
The probationary period may be extended for a maximum of (#) (business/working/calendar) days in order to comply with notice requirements for rejection during probation
5 working
157
If an employee separates from the Department during an administrative investigation, the file shall be converted to a:
miscellaneous investigation
158
T/F
If an adverse action has been initiated after an employee separates as a result of a disability retirement, the investigation shall be completed and the employee shall be served with the Notice of Adverse Action.
True
159
T/F
To preclude any potential violation of POBR, directing an employee to prepare a memorandum (describing the employee’s version of the matter in question) when an adverse action is warranted is prohibited. However, subsequent to an interview, an employee may be directed to prepare a memorandum.
True
160
An employee is not entitled to a representative when the investigation is solely and directly concerned with -------- activities. During these investigations, employees are entitled to -------- representation.
Criminal/criminal
161
In most instances, it is reasonable to provide the employee (#) hours notice prior to an interrogation.
24 hours
However, there may be time-sensitive investigations which require service less than 24 hours (or immediately prior to) the interrogation.
