Flashcards in 10.2 Internal Investigations Deck (84)
What is the government code section that gives authority to reject during probation for the good of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility?
Who does POBR apply to?
Per GC all peace officers, per our policy it is extended to all employee's except for CADETS
Who approves an internal investigation?
A commander w/ concurrence of assistant chief in chain of command.
What are the 4 possible outcomes of a administrative investigation?
1- Adverse Action- (Formal written reprimand, suspension, reduction in salary, demotion, involuntary transfer, dismissal)
2- Rejection during probation
3- Miscellaneous Investigation (exonerated, separates from service, or transfers to new agency)
4- non-punitive termination- (AWOL, medical disqualification)
What shall be done with all administrative interrogations?
They SHALL be recorded.
Absence for 5 consecutive working days (whether voluntary or not) is considered an automatic resignation. Effective the last day the employee worked.
What is Bazemore admonition?
It is a case determined by SPB that requires employee's be notified that misconduct for which they are being counseled on may be charges in a future adverse action if it contains the admonishment.
What form's shall the Bazemore admonishment be included or not included in? Does it need to be worded verbatim?
Shall- MOD's that are counseling in nature
Shall not- CHP FORM 2
Shall be worded verbatim
Can a CHP FORM 2 be issued for the same act if adverse action will be take against employee?
It SHALL not be issued for the same act
Leave of Absence is when an employee is directed to remain away from the work location during scheduled duty hours, either paid or unpaid. T OR F? Who must approve it?
T, shall be approved through channels by appropriate assistant commissioner prior to placing them on leave of absence.
What is a lybarger admonishment?
A admonishment given in admin interrogations. It compels the employee to answer questions. IF they refuse it will be deemed insubordination. Any statements cannot be used in criminal proceeding.
What is considered a minor discipline?
A penalty consisting of a 1-5 days suspension or equivalent step reduction in pay (5% for 5 months). applies to officer's and sgts
Should a Miranda warning be given if it's conducting a criminal investigation on one it's employee's?
It shall be given
Predisciplinary Hearing Process (formerly SKELLY) is what?
The process where an employee and rep have the right to present material to a impartial party after a notice of adverse action was or rejection form probation was served, prior to the penalty being imposed.
Who may approve removing an employee from a specialty pay position?
Appropriate assistant Commissioner
If adverse action is possible, what should you not do?
discuss the issue outside of an administrative interrogation
What are the 4 types of counseling that may happen with an employee
1- informal counseling (just meeting with employee to discuss misconduct or poor performance, routine duties, not subject to grievance process, and not entitled to rep) should be documented on 112
2- Formal Counseling (meeting with employee to discuss misconduct or poor performance, routine duties, not subject to grievance process, and not entitled to rep) the only difference is that the employee will receive some documentation. document on your 112, and their 100
3- corrective documentation (100, moc, mod, or CHP2)
4- Adverse action-
CHP 7E (Internal Investigation Control Log) Shall be maintained at division for ?
5 years from the end of the calendar year.
shall be in secure and confidential location
At what rank shall the primary investigator of an internal investigation be?
At least one rank higher than highest ranking employee.
Can the investigator be a witness to the incident?
no, shall not be
How long does area and division have to notify OIA after becoming aware of the misconduct?
within 60 days, if extension is needed appropriate assistant commissioner is contacted and requested.
What shall employee do if they find out they are being investigated by another agency?
they shall immediately notify there commander
What happens if the agency with primary investigative authority relinquishes or declines to conduct the investigation against our employee?
the area commander shall initiate the criminal investigation
If criminal interrogations are performed, when shall they be done?
prior to the administrative interrogation if involving the same employee or same acts.
Should a copy of criminal investigation be included into the administrative investigation?
uniformed it shall be included.
non- uniformed - it cannot be included unless they were convicted
Civil rights Investigations- Are Employees required to give interview? If it's on state time who must be there and what must happen?
It is the sole discretion of the employee it give the interview. If they do it on state time, a supervisor shall be present and it shall be recorded.
If an employee is convicted of crime can they release residence info, or photos to the media?
NO shall not
Does a leave of absence also invoke a removal of peace officer powers?
YES it does, it shall be approved by the appropriate assistant commissioner first.
Who shall the department notify when an employee is placed on a leave of absence? What if over 30 days?
if over 30 days Cal HR must give approval first