Flashcards in 10.2 Internal investigations (12-2014) Deck (39):
A completed investigation is submitted with 4 possible requests:
1- adverse action
2- rejection during probation
3- anonymous complaint
4- miscellaneous investigation
Per government code, POBR extends to all employees except:
Define adverse action.
Adverse action is defined as a dismissal, demotation, suspension or other disciplinary action. It does not include CHP 2, MOD, or other written counseling etc. (2-1,3a)
Who is authorized to initiate and adverse action?
Any commander or designee with the concurrence of the next level of command. (2-1,3b)
The department must notify _______ when an employee is placed on ATO exceeding ______ days.
DPA, 5 days.
When an employee is placed on ATO, who all must be notified?
1-next level of command
2-appropriate Assistant Commissioner
Who receives the "original" notice of ATO?
The employee. (2-2, 5c5)
May an employee's peace officer powers be removed without placing the employee on ATO?
Yes, with the approval of the appropriate Assistant Commissioner. (2-3,6).
Shall a commander accept a resignation by an employee whom adverse action or rejection during probation is pending?
A resignation shall always be accepted: however, the adverse action shall be completed and submitted through channels. It is improper for a manager or supervisor to exert undue influence, or to subject employees to duress to obtain a resignation as it could be used as grounds to have the resignation set aside.
(2-3 2-4, 71, 7b)
What is an internal investigation?
It is an inquiry concerning alleged misconduct or substandard performance by an employee which leads to, or may lead to an adverse action. (3-1, 1)
Area and division commanders shall insure the investigation is forwarded to internal affairs within how many days after becoming aware of the misconduct?
60 days, however, division commanders may receive extensions directly from the appropriate assistant commissioner. (3-1,3c)
Areas will provide ongoing investigation updates to Division by what date? By what date to OIA?
To division on the 1st of each month. Division informs OIA by the 5th of each month. (3-2, 3d)
Assigned investigators must be How many ranks higher than the employee being investigated?
At least one rank higher.
Whenever an employee of this department learns that another agency is conducting an investigation involving any departmental employee, including himself, what is required?
The employee is required to notify a supervisor or manager.
Where is confidential witness information placed?
All information on confidential witnesses will be placed in an envelope marked "confidential" and retained by the originating command. (3-4, 5a)
Should statements of witnesses be tape recorded/transcribed?
All primary witnesses shall be tape recorded and should be transcribed.
What should be mentioned in the report regarding any possible future SPB hearings involving a witness?
A brief statement summarizing what the witness can testify to at a state Personnel Board hearing should be included.
How should evidence be stored?
in accordance with HPM 70.1 in chronological summary.
May the department require employees to provide tape recordings that were made while on duty?
yes, under penalty of insubordination.
What must occur if evidence is not going to be retained in its "original" condition?
When evidence will not be retained in its "original" condition (such as repair of patrol car), the employee's commander shall ensure proper notice of pending destruction/repair is provided to the employee and the designated rep by way of memorandum.
When may an employee be required to submit to a polygraph examination?
Employees may never be required. They may be asked to submit to one after receiving approval from the office of the commissioner. If the employee refuses, no mention of the refusal may be mentioned in the report.
When should an interrogation be conducted on an employee?
shall be conducted at a reasonable hour, preferably on duty, during normal waking hours unless of a serious nature.
At what point shall a CHP 8 be read to an employee?
Prior to an interrogation on matters which "could" lead to adverse action.
When shall interrogations be recorded and can the employee record the interrogation?
All interrogations shall be recorded.
The employee has the right to bring a recording device also.
Can the employee obtain a copy of the departments recording/transcripts?
If requested a copy of tapes and transcripts shall be provided prior to any subsequent interrogation.
If a criminal offense is involved, who conducts the criminal investigation and what investigation takes precedence?
The allied agency having criminal jurisdiction conducts the criminal investigation. The criminal investigation takes precedence over the administrative investigation: however, the criminal investigation shall be included with the administrative investigation. (3-10, 10a1)
If the department has primary responsibility for the criminal investigation, does it need to complete an administrative investigation also?
Yes, however, the criminal investigation should normally be completed prior to starting the administrative investigation. (3-11,b)
How many interrogators may ask questions during an interrogation?
a maximum of 2
How many departmental representatives are allowed during an interrogation?
a maximum of 2.
What is 1 of the 4 conditions which the department can search a locker or place of storage?
1-In his presence
2-with his consent
3-with a search warrant
4-where the employee has been notified the search will take place. This is only for locker/places owned by the department (4-6,n1)
Who may act as an employee representative during an interrogation?
Anyone the employee chooses. It does not have to be an association representative: however, it cannot be in the emplyee's immediate chain of command. (4-8,e3a)
What is the primary role of the representative during an interrogation?
The representative is there to assist the employee and may ask clarifying questions. He is not restricted to that of a passive observer. He has the right to hear the employees own account, but he may not be adversarial. (4-8,e3)
What constitutes a "minor" adverse action?
It is an action that requests a penalty of 5 days or less or 5 month step reduction. (6-3,c1)
What is the deadline to appeal an adverse action?
Rejection during probation?
not later than 30 days after service of an adverse action. not later than 15 days for rejection during probation.
After these dates is final.
What is a "skelly" response?
In minor adverse actions (5 days or less) the employee may request a review of the minor discipline or penalty. The review may be in writing or verbal. It is to be conducted by preliminary disciplinary hearing officer. This officer will be someone that was not involved in the initial review of the process. A "skelly" request must be made within 10 calendar days (11-2,4a12)
What does POBR stand for?
Pubic Safety Officers Procedural Bill of Rights.
Which office processes adverse actions involving cadet misconduct?
Office of Internal affairs (OIA)
what is OIA?
Office of Internal Affairs.