card 1 Flashcards
(353 cards)
Except where otherwise indicated, the authority to take adverse action or initiate a rejection during probation is vested with the appointing power, the ____________.
Commissioner (HPM 10.2, 1-4)
What are the 4 possible outcomes of an Administrative Investigation?
ARMN
Adverse Action,
Rejection During Probation,
Miscellaneous Investigation,
Non-Punitive Termination (HPM 10.2 2-3)
What is a Lyberger Admonishment?
An admonishment given in administrative interrogations which advises the subjects of the interrogations that they do not have the right to refuse to answer administrative questions (HPM 10.2 2-8)
The six types of penalties for adverse actions are as follows:
Formal Written Reprimand,
Salary Reduction within Salary Range of the Class,
Suspension,
Involuntary Transfer,
Demotion,
Dismissal (HPM 10.2 2-3)
What is a Coleman hearing?
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. (HPM 10.2, 2-6)
Compelled statements made during an administrative interrogation ___________ be included in a criminal interrogation.
Shall not (HPM 10.2 4-6)
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 how many days?
15 calendar days (HPM 10.2 4-16)
An employee may file an appeal with the SPB no later than how many days after the Notice of Adverse Action?
30 calendar days (HPM 10.2 9-12)
Informal and Formal counseling are considered a routine business communication and, therefore, is/is not subject to the grievance process. Furthermore, the employee is/is not entitled to representation.
Is not / is not (HPM 10.2, 3-6)
NOTE: A formal counseling session will be documented on the counseled employee’s monthly evaluation form, (e.g., CHP 100, CHP 100PSD, CHP 112). HPM 10.2 3-7
Corrective documentation can take the form of any of the following:
Monthly evaluation comment (e.g., CHP 100, CHP 100PSD, CHP 112), Memorandum of Counseling, Memorandum of Direction, Censurable CHP 2 (HPM 10.2 3-7)
The assigned primary investigator shall be ____________ than the highest ranking involved employee, unless otherwise approved by the Division commander or appropriate Assistant Commissioner.
at least one rank higher (HPM 10.2 4-4)
Can statements obtained during Administrative interrogations be used to support a criminal investigation?
No. Administrative interrogations involve compelled statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations shall not be used to support a criminal investigation.
(HPM 10.2, 6-3)
Interviews can be accomplished by a single investigator or by an investigative team, limited to a maximum of _____.
two investigators (HPM 10.2, 6-10)
Area and Division commanders shall ensure the investigation is forwarded to OIA within ________ from the date the Area becomes aware of the misconduct.
60 calendar days (HPM 10.2, 4-5)
Adverse Action. An employee may file an appeal with the SPB Appeals Division no later than _________ after the effective date of a Notice of Adverse Action.
30 calendar days (HPM 10.2, 9-12)
Rejection During Probation. A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than __ __ after the effective date of the rejection.
15 calendar days (HPM 10.2, 9-12)
The respective Division commander (in the chain of command of the involved employee) is the final level of approval for adverse action with a penalty of:
Formal written reprimand,
Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction. (HPM 10.2, 8-4)
The respective Assistant Commissioner (in the chain of command of the involved employee) is the final level of approval for adverse action with a penalty of:
(a) Suspension of six (6) to 20 working days, or the equivalent monthly step reduction.
(b)Removal from a specialty pay position (Bargaining Unit 5 personnel). (HPM 10.2, 8-4)
The Commissioner or Deputy Commissioner is the final level of approval for:
DDSRN
Adverse Action with penalty of:
(1) Dismissal
(2) Demotion
(3) Suspension > 20 days or equivalent monthly step reduction.
(4) Rejection during probation
(5) Non-punitive termination (HPM 10.2, 8-5)
How many consecutive days must an employee be absent without leave to be considered AWOL?
5 (HPM 10.2 2-5)
Of the four outcomes for an administrative investigation does AWOL, failure to meet minimum qualifications, and medical disqualifications fall under?
Non-punitive termination HPM 10.2 2-4
The Bazemore admonition shall be included in all _________ which are counseling or remedial in nature. The Bazemore admonition _____ be stated verbatim.
Memoranda of Direction (MODs)/ Shall (HPM 10.2 3-8)
Search of Locker/Storage. An employee shall not have an assigned locker, or other place for storage, which are owned or leased by the Department, searched unless the search is conducted under any one of the following conditions:
(1) In the involved employee’s presence,
(2) With the involved employee’s consent,
(3) After a valid search warrant has been obtained. If requesting a search warrant, the appropriate prosecuting authority should be consulted after notifying the appropriate Assistant Commissioner,
(4) When the involved employee has been notified that a search will be conducted. The employee should be provided a reasonable opportunity to respond to the Department’s search location and observe the search. (HPM 10.2 11-10)
Per GC § 19635, No adverse action shall be valid against any state employee for any cause for discipline…, unless notice of the adverse action is served within_______ years after the cause for discipline, upon which the notice is based, first arose.
3 years (10.2 4-13)
Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse action is served within three years after the discovery of the fraud, embezzlement, or falsification.