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HPM 10.2 Internal Investigations > HPM 10.2 > Flashcards

HPM 10.2 Flashcards

1
Q

Investigations shall be conducted in a manner which will ensure all ____ _____ are afforded. Likewise, all empoyees will be treated ______, with ____ and ______

A

applicable protections

professionally, dignity, respect

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2
Q

All instances of alleged misconduct by departmental employees ____ be investigated and, when appropriate_______________

A

shall

adverse action or rejection during probation initiated

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3
Q

_____ Code contains California law regarding disciplining state employees and gives the authority to reject trainees during probation

A

Government

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4
Q

Collective barganining agreements contain terms and conditions of employment. If the GC and CBA differ, the _____ is controlling

A

CBA

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5
Q

The authority to take adverse action or initiate reject is vested in the Commisioner. However, as statutes allow, the Commisioner may designate _____________

A

an authorized representative

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6
Q

By law the POBR applies to all probationary and permanent employees with the exception of _____

A

cadets

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7
Q

Managers and supervisors sall ensure all investigations are conducted in compliance with the provision of the _____ and protect ____ __ ______

A

POBR

rights of employees

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8
Q

When a manager or supervisor is notified or discovered misconduct by an employee, they ____ notify _______. If the conduct egregious, this notification will be _____

A

shall
next level of command
immediately

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9
Q

Adverse Action is a disciplinary legal action taken in response to an employee’s misconduct or failure to meet the rules. Penalties include:

A 
Formal written reprimand
suspension
reduction in pay
demotion
involuntary transfer
dismissal
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10
Q

The Dept may reject any employee during probation for reasons relating to:

A 
qualifications
failure to demonstrate merit
efficience
fitness
moral responsibility
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11
Q

The Dept will only investigate allegations which have a nexus to the department. Nexus is est in the following circumstances:

A
  • Occurred while on duty
  • All criminal acts by uniformed employee, on duty or off
  • All criminal acts by non uniformed, on duty or off duty which consititue a felony or is a crime of moral turpitude.
  • While off duty, employment status is affirmley est by an overt act.
  • Any off duty misconduct that affects the employees ability to affectly work (susp license)
  • Any type of misconduct that will bring discredit to the Dept
  • Normally just the mere knowledge of uniformed employees status on the Dept is not enough to constitute a nexus.
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12
Q

Administrative Interrogation is defined as:

A

The formal and direct questioning of an employee to det the facts of an internal investigation. Shall be conducted in accordance with POBR (shall be recorded)

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13
Q

Arbitration is defined as:

A

The process of resolving a dispute or grievence outside of the courts through an impartial 3rd party.

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14
Q

Absense without leave is defined as:

A

Absence for 5 consecutive working days is considered automatic resignation from state service.

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15
Q

Bazemore Admonition is defined as:

A

Admonition given to employees which are being counseled that they may be charged in a future adverse action if the writen docs containt the Bazemore Admonition. (To be writen verbatim and shall be included in all MOD’s)

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16
Q

Brady Material consists of the following:

A

exculpatory or impeaching information that is material to the guilt of punishment of the defendant. (Evidence that would serve to reduce a defendants sentence must also be disclosed by the prosecution)

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17
Q

Formal Written Reprimand is defined as:

A

Lowest level of adverse action and is considered a minor adverse action. Does not result in a monetary penalty.

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18
Q

Lybarger Admonishment is defined as:

A

Given in admin interrogations advising employee that they do not have the right to refuse to answer questions and if they do it will be conisdered insubordination. (cannot be used in a criminal matter)

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19
Q

Minor Discipline is defined as:

A

Involves a penalty consisting of 1-5 working days suspensions or equivalent step reduction in pay

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20
Q

Pre-disciplinary Hearing Officer is defined as:

A

An unbiased, independent, non-involved reviewer of the proposed adverse action (usually Div Commanders or Ass Chiefs)

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21
Q

Pre-disciplinary Hearing Process is defined as:

A

Used to be called a Skelly Hearing, it is the process where an employee and rep have the right to present material

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22
Q

Removal for Cause from Specialty Pay Position occurs when:

A

The employee’s performance/conduct has a direct relationship to the ability to perform that particular skilled assignment.

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23
Q

Formal Counseling is considered a routine ____ _____ and therefore not subject to the grievence process nor is the emp entitled to representation.

A

business communication

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24
Q

The difference between formal and informal counseling is:

A

formal counseling, the employee receives some form of documentation regarding the session.

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25
Q

There are 6 types of penalties for adverse actions, they are?

A

-Formal written reprimand
-Salary Reduction
-Suspension
-Involuntary Transfer
-Demotion
Dismissal from state service

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26
Q

Case suspenses: Area and Div commanders shall ensure that insestigations are fowarded to OIA within ____

A

60 days

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27
Q

Whenever an employee is made aware they are the subject of a criminal inv, they ____ ____ notify a supervisor. The commander then shall notify OIA through proper chanels

A

shall immediately

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28
Q

When potential criminal misconduct is ID’d, the commander ___ immediately notify Div and OIA. They commander shall also notify the Office of _____ prior to any contact with _____

A

Shall
the Commissioner
Allied investigators

Note: this also includes informal hypothetical inquiries regarding any un named employeee

29
Q

The decision to file charges or not shall be documented in the admin inv file, listing what information?

A

The name of the person authorizing or rejecting prosecution

30
Q

Civil Rights Investigations are ____ in nature, usually handled by FBI, DOJ etc… The following shall aply:

A
  • Consent to an interview shal be the sole descretion of the employee.
  • If interview is on state time, supervisor shall be there.
  • Interview shall be recorded.
31
Q

AA’s shall not be under taken if the investo cannot be completed within one year or the discovery of the allegation, except for the following:

A
  • The investo cannot be completed due to criminal investo
  • The employee waives one year time period.
  • A reasonable ext is required due to mulit jurisdictions
  • Investo involves more than one employee
  • Investo involves employee that is away on leave.
32
Q

Notice of discipline for AA’s must be served within ____ ____ from when the incident occurred

A

3 years

33
Q

A probationary employee must be served with rejection during probation notice prior to….

A

the last day of probationary period

34
Q

Supervisors and managers are obligated to maintain ____ with regards to investo’s. If this is broken, an AA may be initiated on the investigator.

A

confidentiality

35
Q

Employees under investigation __ __ be subjected to visits from the ____

A

shall not

media

36
Q

If a Dept initiated leave of absense extends past ___calender days, ____ approval is required.

A

30

CAL HR

37
Q

When an employee is placed on leave of absense without pay, investo must be completed, reviewed, and employee served within ______

A

15 calendar days

38
Q

Before a commander removes an employee’s peace officer poweres, approval shall be obtained by ____

A

appropriate Assistant Commissioner

39
Q

Certain bargaining agreements allow employees to reimburse the Dept for lost/damaged equipment rather than face ___

A

adverse actions or other corrective action

40
Q

Employees under investigation _____ _____ be compelled to submit to a polygraph or voice stress analysis.

A

shall not

This shall not be used against the employee in the investigation nor shall the refusal be included in the report

41
Q

Evidence pertaining to an admin investigation shall be stored for ______

A

a minimum of 5 years

(Shall be kept at the area where the investigation was completed even if the employee transfers before the 5 years has expired)

42
Q

Employees shall not have their lockers or other places of storage searched unless one of the following:

A
  • A search warrant is obtained (employee should be allowed time to resp and observe search).
  • It is with the consent of the employee and in their presence
43
Q

An employee’s desk / file cabinet can normally be entered by a supervisor when looking for work product. However when command has given the employee an expectation of privacy (a key) to that item, consent or a _____ is needed.

A

search warrant

44
Q

Administrated interrogations involve compelled statements. As a result, statements obtained in this manner ___ ___ be used to support a ______ ______.

A

shall not

criminal investigation

45
Q

All statements from dept employees being interviewed during an investigation _____

A

shall be recorded

46
Q

Federal and state investigators may record/eavesdrop on conversations without the public’s knowledge during a criminal investigation, this is not the case if the for an admin investigation against an employee. However, if it is a criminal investo against an employee, recording with permission is allowed with the prior approval of ____

A

Office of Internal Affairs

47
Q

All interviews (criminal / admin) shall be summarized on a _________ or ________

A

memo or completely transcribed

48
Q

Marital Privilege: Exempts married couples from testifying against their spouse. This ___ ____ apply to married members of the Dept

A

does not

49
Q

The ____ has final approval authority for all admin investigations

A

Commissioner (may delegate this power to Division Commanders for minor cases)

50
Q

After review of an investigation, the Commissioner or Deputy Commissioner is the final level of approval for ______ _____

A

Adverse Action

51
Q

Should an employee wish to complete a written response to any investigation, a copy of which shall be placed where?

A

all known copies of the investigation

52
Q

Internal Investigations shall be destroyed after a period of _____

A

5 years

53
Q

Investigations that result in formal written repirmands shall be retained for ____ years, a copy of the reprimand will be purged from the employee’s file after ____ years

A

5

3

54
Q

Pre-Disciplinary Hearing: It is the _______ responsibility to schedule the PDH and or provide a response prior to the end of the response period as designated by the notice

A

employee’s

55
Q

State law entitles probationary employees the same PDH rights as _______

A

permanent employees

56
Q

Following the sevice of notice of AA, rejection during probation, non-punitive termination, the employee ____ request a PDH to review the discipline penalty

A

may

57
Q

Uniformed employees who are subject to AA ______ a corresponding quantity of leave credits be forfeited to satisfy an assessed penalty

A

may request

58
Q

Suspenses of 5 days or less, leave credits ____ be used to cover the ____ ____

A

may

entire suspension

59
Q

Suspenses of 6 or more days, leave credits may be used to cover _____

A

half of the suspension

60
Q

An employee may file an appeal with the SPB no later than ____ after the effective date of the AA

A

30 calendar days

61
Q

Rejection during probation, an employee may file an appeal with in ____ after the effective date of the rejection

A

15 calendar days

62
Q

Voluntary Resignation: an employee may voluntarily resign by __________

A

submitting a written or oral resignation

63
Q

POBR rights are extended to all employees except:

A

cadets

64
Q

POBR: Employee interrogations shall be held with the following rights in mind:

A
  • held at a reasonable hour.
  • shall be informed prior to, of the charge investigated
  • Names of the investigators (only 2)
  • shall last only a reasonable amount of time.
  • shall not be subjet to offensive language, or promised anything / threatened.
  • may be recorded, and bring in own recording device.
  • right to representation
65
Q

No public safety officer shall have any comment adverse to his interest in his file without first _____________

A

reading and signing it.

Officer may refuse to sign document

66
Q

Officer shall have _____ ____ to which to file a response to any adverse comment entered into their file

A

30 days

67
Q

Every officer ____ have the right to inspect their personnel file at any reasonable time during the business day.

A

shall

68
Q

No officer shall be requested to provide a list of property, income, assets etc for job assignment unless…….

A

the job assignment is for a specialized unit in which there is a strong possibility that bribes may be offered.

HPM 10.2 Internal Investigations (1 decks)

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