HPM 10.2: INTERNAL INVESTIGATIONS Flashcards
1
Q
Employees should/shall/must promptly obey any lawful orders or directives from a supervisor, manager, or officer-in-charge (OIC).
A
must
2
Q
If an employee receives a conflicting order or directive, the employee should/shall/must respectfully call the conflict to the attention of the supervisor giving the last order.
A
must
3
Q
If the person giving the last order does not change or rescind it, the employee should/shall/must obey it, and is not responsible for disobeying the first order.
A
must
4
Q
Employees should/shall/must never obey orders they know, or reasonably should have known, would require them to commit reasonably apparent illegal acts.
A
shall
5
Q
Employees in doubt as to the legality of an order shall request clarification from the issuer. After clarification is received, if the employee still believes the order is unlawful, the employee shall seek direction and/or guidance through ___ ___ __ ___
A
their chain of command
6
Q
By law, POBR applies to all probationary and permanent departmental personnel who are peace officers. By policy, the Department has extended POBR rights to all other employees except for ___
A
cadets
7
Q
Managers and supervisors should/shall ensure all administrative investigations are conducted in compliance with the provisions of POBR and protect the rights of employees.
A
shall
8
Q
Commanders should/shall require all involved supervisory and managerial staff to review Chapter 11, Public Safety Officers Procedural Bill of Rights Act, of this manual as part of the initial steps of an administrative investigation
A
should
9
Q
When a departmental supervisor or manager is notified or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command shall be made __ ___ __ __ __ ___
A
as soon as it is practical.
10
Q
If serious misconduct is alleged, the supervisor or manager should/shall make immediate notification to the next level in the chain of command
A
shall
11
Q
Upon the commander’s knowledge of alleged employee misconduct, which is either serious in nature, or is likely to lead to an internal investigation, the commander shall make notification to their __ __
A
Division Chief
12
Q
With Division Chief concurrence, an internal investigation shall be initiated, and an investigation control number assigned. This “Division Aware Date” will initiate the __ ___ timeframe pursuant to GC Section 3304.
A
one-year
13
Q
Within ___ business days of the initiation of an internal investigation, Division shall make notification to the appropriate Assistant Commissioner and the Office of Internal Affairs (OIA).
A
three
14
Q
“______” as relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.
A
Dishonesty
15
Q
“___ __ ___” as including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.
A
Abuse of Power
16
Q
“___ ___” as including, but not limited to, the excessive or unreasonable use of force.
A
Physical Abuse
17
Q
“___ ___” is the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority.
A
Sexual Assault
18
Q
“___ ___” when a peace officer, on the basis of a person’s race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status, violates law or department policy, or is inconsistent when carrying out their duties in a fair and unbiased manner.
A
Demonstrating Bias
19
Q
“___ ___ ___ __ ___” as sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission.
A
Acts that Violate the Law
20
Q
“___ ___ ___” as a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the group.
A
Law Enforcement Gang
21
Q
“___ __ ___” as failure to cooperate with an investigation into potential police misconduct, including an investigation conducted pursuant to the Commission for POST regarding potential accreditation decertification
A
Failure to Cooperate
22
Q
“___ __ ___” when a peace officer is present and observes another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject
A
Failure to Intercede
23
Q
Adverse Action penalties consist of (6):
A
1 Formal written reprimand.
2 Suspension.
3 Reduction in salary.
4 Demotion.
5 Involuntary transfer.
6 Dismissal.
24
Q
___ ___ is an official inquiry, utilizing departmental investigative resources, into alleged misconduct by a departmental employee(s). (may lead to AA)
A
Internal Investigation
25
___ ___ is an administrative investigation in which the employee is exonerated, separates from state service, transfers to a new agency, or the conduct does not warrant adverse action or rejection during probation
Miscellaneous Investigation
26
___ ___ is an action resulting in involuntary separation from state service, not as a disciplinary measure, but as a result of an employee’s failure to meet the minimum qualifications for their job classification. (such as a DL revocation)
Nonpunitive Termination
27
Is an off-duty officer at a social gathering providing preliminary alcohol screening tests to drivers enough to create a nexus for a misconduct investigation?
yes
28
___ ___ is the compelled, formal, and direct questioning of an employee to determine the facts for an administrative investigation
Administrative Interrogation
29
An ___ ___ is a formal administrative action taken to correct an employee’s on-the-job, or job-related, behavior or performance
adverse action
30
Employees shall be notified that misconduct for which they are being counseled may be charged in a future adverse action if the written document contains the ___ ___
Bazemore admonition
31
A ___ ___ ___ is the lowest penalty in the adverse action process and may be used when a penalty greater than corrective action is necessary.
formal written reprimand
31
(AWOL) is the unauthorized absence for __ consecutive working days (whether the absence was voluntary or involuntary) and is considered an automatic resignation from state service, effective the last day the employee worked
five
32
An admonishment given in administrative interrogations which advises the subject of the interrogation that their compelled statement cannot be used against them in a criminal proceeding and the employee does not have the right to refuse to answer administrative questions
Lybarger Admonishment
32
A memorandum issued to an employee to formally document supervisory counseling pertaining to misconduct, behavior, or poor performance. (normally does not contain Bazemore)
Memorandum of Counseling
32
A memorandum issued to an employee to formally document misconduct, behavior, or poor performance, and to provide specific direction to preclude a recurrence. (Bazemore shall be included)
Memorandum of Direction
32
A memorandum issued to an employee to formally explain the expectations for conduct or performance. An example would be an officer assigned to a sensitive position in which confidentiality is required.
Memorandum of Expectations
33
Evidence that proves a fact is more likely to be true than not true, not necessarily in the greater number of witnesses testifying about the fact.
Preponderance of Evidence
34
The POBR Act provides that in order to impose punitive action against a public safety officer, an employing agency must investigate and notify the officer of the proposed discipline within ___ ___ of discovering the underlying misconduct
one year
35
if the misconduct is also the subject of a criminal investigation or prosecution, the one-year limitation period may be tolled while the criminal investigation or prosecution is pending. true/false
true
36
POBR does not allow for tolling beyond the ___-___ limitation period pursuant to GC Section 19635
three-year
37
Can the assigned investigator in an insubordination action be the supervisor against whom the act was committed
no, shall not
38
Inexcusable neglect of duty should/shall be charged for drug or prescription medication intoxication after examination by a physician or certified Drug Recognition Evaluator
should
39
The degree of alcohol intoxication should/shall be determined by chemical analysis in accordance with the Department's drug testing policy
should
40
The employee’s use of intoxicating liquor causing them to be unable to attend properly to their job duties and/or to engage in excessive misconduct arising out of the use of intoxicating liquor is referred to as:
Intemperance
41
What is the difference between insubordination and willful disobedience?
willful disobedience means a specific violation of command or prohibition, while insubordination indicates a specific or general course of disrespectful or mutinous conduct.
42
___ ___ is intended to modify an employee’s behavior and should instruct and train the employee to act and perform in accordance with established standards of conduct
Progressive discipline
43
___ provides the employee with the tools and awareness to bring performance to an acceptable level.
progressive discipline
44
Supervisors and managers are expected to (2):
(1) Ensure employees are informed of expectations via briefings, ride-alongs, one-on-one discussions, training days, Memorandum of Expectations, written acknowledgments of policy review, etc.
(2) Recognize employees meeting or exceeding standards by providing positive reinforcement and recognition, e.g., documented comments on monthly reviews, commendable CHP 2, Incident Report, etc.
45
Whenever an employee’s performance or conduct does not meet established expectations, the ___ should determine if the employee has been provided with adequate training or notice of performance expectations
commander
46
If the employee has been provided with adequate training or notice of performance expectations, progressive discipline should/shall be utilized.
should
47
Employees should look to their ___ and ___, whose behavior shall always be above reproach, as a model of departmental expectations.
managers and supervisors
48
Interim reporting may be included in the progressive discipline process when substandard performance is an issue. true/false
true, the goal of interim reporting is to provide the employee with the tools and assistance reasonably necessary to bring their performance to an acceptable level.
49
___ and ___ have the responsibility to engage and lead the employee in the right direction, as opposed to merely documenting the actions of the employee.
Managers and supervisors
50
The primary purpose of corrective documentation is to:
memorialize corrective actions
51
Informal/formal counseling is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation
both
52
The primary difference between formal and informal counseling is ___
documentation
53
After formal counseling, the employee shall receive documentation in the form of comments on the employee’s monthly evaluation form or the counseling session shall be documented on a ___ of ___
Memorandum of Counseling (MOC)
54
It is incumbent upon ___ and ___ to recognize when adverse action is appropriate since it is the most severe option in the progressive discipline process.
managers and supervisors
55
If the cause for action is not legally sufficient, or if management has acted arbitrarily, capriciously, or discriminatorily, the ___ or ___ may be subject to disciplinary and legal repercussions.
manager or supervisor
56
What are the six (6) conditions needed to establish sufficient Cause prior to initiating an investigation?
(1) The rules or standards the employee has violated must bear a REASONABLE RELATIONSHIP to the employee’s specific job and/or the goals and mission of the Department.
(2) The employee must have CLEAR KNOWLEDGE OF THE RULES OR STANDARDS the employee is charged with violating, preferably supported by signed documentation indicating the employee received relevant training or even copies of the rules and standards.
(3) The rules or standards must be EQUITABLE ENFORCEMENT.
(4) If adverse action results from an employee’s OFF-DUTY conduct, there must be a rational relationship (NEXUS) between the misconduct and the employee’s position. This may include the use of one’s official position to obtain favorable treatment or gratuity.
(5) The investigation must be THOROUGH, IMPARTIAL, and OBJECTIVE to determine whether the misconduct occurred as alleged.
(6) There must be sufficient, legally admissible PREPONDERANCE OF EVIDENCE to support that the alleged misconduct occurred, as defined in Government Code Section 19572.
57
___ have the primary responsibility for the internal investigation process at the command and Division level
Commanders
58
true/ false: An internal investigation may be
initiated as the result of a complaint (including anonymous), departmental knowledge, or any other source of information
true
59
Area and Division commanders shall ensure the investigation is forwarded to OIA within days from the date the Area becomes aware of the misconduct.
60 calendar
60
If any employee of this Department, learns that another law enforcement agency is conducting an inquiry into allegations of criminal misconduct involving a member of the Department, the employee should/shall immediately
notify a supervisor or manager.
shall
61
When potential criminal misconduct is identified, who shall ensure the appropriate Division commander and OIA are notified?
the commander
62
There are two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation:
concurrent and consecutive
63
In this method, the criminal investigation is conducted simultaneously with the administrative investigation by separate investigators
Concurrent
64
What is the primary advantage of concurrent investigations?
the administrative investigation can be completed
more expeditiously
65
true/false: Although information gathered in a criminal investigation can be shared with the administrative investigator, only certain information gathered in the administrative investigation can be shared with or included in the criminal investigation
true, for example, compelled statements made
during an administrative interrogation shall not be included in a criminal interrogation
66
In this method, the criminal investigation is completed and a decision (e.g., rejection or filing of charges) is made by the prosecuting authority prior to initiating the administrative investigation
Consecutive Investigation
67
The primary benefit of this method is:
that it precludes any improper sharing of information, since the criminal investigation is closed prior to any information being gathered as part of the administrative investigation
68
If an allied agency is conducting the investigation, ___ shall ensure the agency is contacted to develop an appropriate course of action and ensure proper coordination between the allied agency, any prosecuting authority, and the Department
commanders
69
If an allied agency with primary investigative authority relinquishes or declines to conduct the investigation, the involved employee’s commander should/shall initiate the
criminal investigation
shall
70
When the Department is completing the
criminal investigation, is the one (1) year time limitation as it would when an allied agency is conducting the
investigation?
no
71
To maintain the separation between investigations, criminal investigators should/shall not participate in administrative interrogations
shall
72
Once the administrative interrogation has been conducted, the administrative and criminal investigators should/shall not have any further contact regarding the investigation until all criminal aspects have been resolved
shall
73
true/false: information gathered during either a criminal or administrative investigation may be included in the other investigation, as long as it was gathered from a source that both administrative and criminal investigators would have had legal access
true
74
True/false: 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.
true, For example, a Department of Motor Vehicles (DMV) or criminal history could be collected once and shared between both investigations, but information gathered from an employee’s personnel file could not be provided to the criminal investigation without proper legal process.
75
true/false: When an allied agency is conducting the criminal investigation, its report may be used by the Department as a starting point for the administrative investigation
true
76
For uniformed employees, a copy of the criminal investigation and/or arrest record should/shall be included with the administrative investigation
shall
77
For non-uniformed employees, arrest reports which have not resulted in a conviction can/ cannot be included in the investigative file
cannot
78
Allegations involving potential criminal
misconduct by a non-uniformed employee shall be administratively investigated only under the following circumstances. Any criminal misconduct...(3):
(1) which could lead to a felony conviction.
(2) constituting a misdemeanor involving moral
turpitude.
(3) where the employee has established a nexus to
the Department.
79
If the source of the complaint is from departmental personnel or is anonymously submitted but there is evidence to suggest it was sent from a source from within the Department, a formal investigation should/shall not be undertaken without having a basis for believing there is merit to the complaint.
shall
80
Unless the complaint involves a violation of law (e.g., threat, retaliatory, other evidence of a crime), departmental resources should/shall not be expended to determine the source of such complaints.
should
81
As supervisors and managers conduct the initial inquiry to determine whether there is merit to the allegation(s), the employee protections provided under POBR should/shall be afforded, as applicable
shall
82
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 pre-disciplinary hearing response or procedure.
83
Investigators should/shall only discuss aspects of the investigation with person(s) who have an official right and need to know
shall
84
true/false: Administrative interrogations can be conducted as part of the citizens’ complaint investigation
true, it is especially appropriate when adverse action or
rejection during probation appear likely
85
Are there times it would be beneficial to complete an administrative investigation prior to completing the citizen's complaint?
Yes, because part of the citizens’ complaint process is allowing the involved employee an opportunity to review the entire investigation
86
true/false: For uniformed employees, a leave will also invoke a removal of peace officer powers
true
87
If a Department-initiated leave of absence extends past ___ calendar days, CalHR approval is required
30
88
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 ___ calendar days.
15
89
A Department-initiated leave of absence may be terminated at any time by providing the employee with ___ ___ notice.
48 hours
90
If a uniformed employee has a Departmental-initiated leave of absence terminated, are there peace officer powers restored?
yes, simultaneously
91
Approval through channels from the appropriate ___ ___ shall be obtained before a commander may remove or restore peace officer powers.
Assistant Commissioner
92
Who shall be provided the original Reinstatement of Peace Officer Powers memorandum? (both the employee and the supervisor/manager serving it shall sign)
The employee
93
If, during the course of an investigation, allegations of discrimination, harassment, and/or racial profiling are made or discovered, may a separate EEO investigation be initiated?
yes, may be conducted concurrently or consecutively
94
Are Commanders required to notify an employee who is the subject of an administrative investigation?
no, the notice is entirely optional and should not be used in instances where, for investigatory reasons, it is not desirable to have the employee notified
95
For each allegation, the investigator must examine (3):
1. If the alleged act(s) or omissions actually occurred and what proof can be obtained.
2. What the employee specifically violated (Government Code, policy, etc).
3. What prior knowledge did the employee have that such conduct was not acceptable (through training, experience, prior progressive discipline, admission of knowledge, etc.).
96
true/false: Chronological summary entries are to be written in the third person
true
97
If an employee separates from the Department during an investigation, the investigation should/shall be completed in its entirety and processed
shall
98
If at the conclusion of an internal investigation the actions of the employee(s) do not merit adverse action or rejection during probation, the investigative file shall be prepared as a ___ Investigation.
Miscellaneous
99
true/false: A medical release is not necessary for medical records contained within the employee’s personnel file or as a part of a work-related injury/illness.
true
100
true/false: Investigators may request copies of records pertaining to the arrest or detention of peace officer employees prior to conviction
true
101
true/false: Investigators may seek or request copies of records pertaining to the arrest or detention of non-uniformed employees prior to conviction
false, investigators are prohibited
102
true/false: Employees shall not be compelled to submit to a polygraph or voice stress analysis
true
103
true/false: No disciplinary action, recrimination, adverse comment, or other record (including investigator notes) may be created as a result of an employee's refusal to submit to a polygraph or VSA examination
true
104
Shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the employee declined to submit to a polygraph or VSA examination?
no
105
Evidence pertaining to an administrative investigation shall be stored for a minimum of ___ years
five
106
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 (4):
(1) In the involved employee’s presence.
(2) With the involved employee’s consent.
(3) After a valid search warrant has been obtained.
(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.
107
In most instances, personal containers may or may not
be searched without a warrant or consent
may not
108
During the course of an internal investigation, may a witness remain confidential?
no, due to the accused departmental employee’s right to review the allegation(s), as well as the right to prepare a potential defense, requests for witness confidentiality cannot be honored.
109
All statements from departmental employees who are interviewed as witnesses during internal investigations should/shall be recorded.
shall
110
true/false: Both federal and state law provide for law enforcement personnel to record/monitor/eavesdrop on contacts with individuals without their knowledge
true
111
An investigator should not /shall not surreptitiously record, monitor, or eavesdrop on a departmental employee unless it is part of a criminal investigation
shall not
112
All interviews and criminal and/or administrative interrogations shall be either summarized on a ___ or ___
memorandum or transcribed
113
The ___ ___ shall be responsible for ensuring the accuracy of each summary
lead investigator
114
true/false: All interviews, regardless of the exculpatory, incriminating, or benign nature of the information obtained, shall be included in the investigation
true
115
true/false: Departmental employees who are witnesses do not have a right to know the nature of the investigation
true
116
true/false: Members of the Department not accused of misconduct are obligated to fully cooperate with investigators and have an affirmative duty to answer questions during internal investigations
true
117
What is the difference between an investigative interview and an administrative interrogation?
In an investigative interview, employees are not normally entitled to representation and are not ordered to answer questions
118
Is notification required prior to a criminal interrogation?
no
119
Does an involved employee have the opportunity to present exculpatory and/or mitigating information during an administrative interrogation?
yes
120
true/false: Prior to an employee being the subject of additional administrative interrogations regarding the same subject area(s), the employee shall be given a copy of the recordings of all previous administrative interrogations, as well as the related transcripts from those interrogations if available.
true
121
When an internal investigation is converted to a miscellaneous investigation, is closing documentation to the involved employee required? in what form (3)?
yes, in the form of (1) Memorandum of Finding.
(2) Censurable CHP 2, Incident Report. or
(3) Memorandum of Direction.
122
Proposed closing documentation shall not be served to the employee prior to what?
approval of the administrative investigation’s recommended penalty by the Commissioner or their designee
123
true/false: Sensitive information contained within an investigative file shall be redacted prior to being routed to OIA for analysis
true
124
Once the administrative investigation file is complete, the ___ or assistant Division commander in charge of the investigation shall ensure the file is reviewed for accuracy and thoroughness prior to transmittal to the next level of review.
commander
125
A copy of the entire investigative file should/shall be retained at the command as a precaution against accidental loss.
shall
126
For incidents involving loss or potential loss of specialty pay, OIA and the ___ of ___ ___ should/shall be consulted
Office of Employee Relations/ should
127
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 (2):
(a) Formal written reprimand.
(b) Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction.
128
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 (2) :
(a) Suspension of six (6) to 20 working days, or the equivalent monthly
(b) Removal from a specialty pay position (Bargaining Unit 5 personnel).
129
The Commissioner or Deputy Commissioner is the final level of approval for:
(a) Adverse action with a penalty of:
1 Dismissal.
2 Demotion.
3 Suspension in excess of 20 working days, or the equivalent monthly step reduction.
(b) Rejection during probation.
(c) Non-punitive termination.
130
The effective date of the adverse action shall be no less than ___ calendar days after the date of service of the notice. (Formal Written Reprimand and Suspension, Officers and Sergeants)
25
131
true/false: Those employees assigned to an alternate work week (9/80, 4/10, or 3/12) will need to be placed on a standard eight (8) hour shift for the duration of the suspension. (Formal Written Reprimand and Suspension, Officers and Sergeants)
true
132
true/false: Suspension can be up to a maximum of 42 days. (Formal Written Reprimand and Suspension, Officers and Sergeants)
kind of true, Suspensions in excess of 42 days shall be coordinated by OIA and the Office of the Commissioner.
133
In cases where a suspension will cause a nonqualifying
pay period for the employee, the ___ shall be responsible for preparing a memorandum notifying the employee of
the effects to the employee’s pay and/or benefits. (Formal Written Reprimand and Suspension, Officers and Sergeants)
commander
134
For all managerial employees, the effective date of the adverse action shall be no less than ___ calendar days from the date of service of the notice. (Formal Written Reprimand and Suspension, Non-Uniformed and All
Managerial Employees)
20
135
For non-uniformed employees, excluding managers, the effective date of the adverse action shall be no less than ___ calendar days from the date of service of the notice (Formal Written Reprimand and Suspension, Non-Uniformed and All Managerial Employees)
25
136
For all managerial employees, the effective date of the adverse action shall be no less than ___ calendar days from the date of service of the notice. (Formal Written Reprimand and Suspension, Non-Uniformed and All Managerial Employees)
20
137
When a state legal holiday falls within a period of suspension, it is to be calculated as follows: (Formal Written Reprimand and Suspension, Non-Uniformed and All Managerial Employees)
a For non-uniformed personnel, the day is considered a
holiday and is NOT a day of suspension (as described above).
b For uniformed managers, the holiday is considered a day of suspension.
138
An adverse action with a penalty of dismissal, a non-punitive termination, or rejection during probation shall become effective at 1700 hours on the date specified:
a For non-uniformed employees except managers, the
effective date is ___ business days after the last day of the PDH period.
b For uniformed employees (except managers), the effective date is ___ business days after the last day of the PDH period.
c For managers, the effective date is ___ calendar days after the last day of the PDH period.
five (5)/ ten (10)/ ten (10)
139
The first month of salary reduction shall be a minimum of ___ calendar days from the date of service of the notice.
25
140
The employee and employee’s representative shall be granted ___ hours of state time to review the administrative investigation file and prepare a PDH response.
four (4)
141
All administrative investigations shall be destroyed after a period of ___ years, commencing from the date the employee is served with the Notice of Adverse Action or the closing documentation.
five (5)
142
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
five (5)/ three (3)
143
Any corrective documentation issued to an
employee as the result of an internal investigation (e.g., censurable CHP 2, Memorandum of Direction, Memorandum of Findings if corrective or remedial in
nature) shall be removed from the employee’s field personnel folder after a period of ___ years from the date of issuance.
three (3)
144
true/false: Miscellaneous investigations are not filed with SPB and, therefore, not subject to public disclosure
true
145
While on suspension, an officer is considered a departmental employee. However, should a process server attempt to serve a subpoena for an officer on suspension, the immediate superior or designated agent should/shall refuse to accept service of process
should
145
In cases involving dismissal, rejection during probation, or non-punitive termination, commanders should/shall strongly consider placing the employee on a leave of absence.
should
146
true/false: Employees are permitted to resign, retire, or otherwise separate from state service prior to the effective date of any punitive or non-punitive action.
true
147
A ___ provides the affected employee with an opportunity to respond prior to the imposition of discipline, rejection during probation, or termination, or reassignment for medical reasons as required by state law.
predisciplinary hearing (PDH)
148
The PDH officer’s objective is to reach a determination of whether there are ___ ___ to justify the proposed discipline.
reasonable grounds
149
true/false: 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
150
May employees use leave credits to satisfy suspensions of five (5) or less?
yes, also includes five (5) month or less step reduction
151
May employees use leave credits to satisfy suspensions of six (6) days or more?
yes, for up to 1/2 of the suspension period, also includes six (6) month or longer step reductions
152
When an employee is serving a suspension while partially using leave credits, what shall the commander ensure/verify (2)?
(1) the employee has sufficient leave credits and (2) the employee does not remain on suspension for the time being satisfied with leave credits
153
true/false: The Area commander is ultimately responsible
for the administrative investigation, up to and including the appeal process
true
154
An employee may voluntarily resign from a position with the Department by submitting a ___ or ___ resignation to the employee’s commander.
written or oral
155
A commander should/shall accept a resignation submitted voluntarily by an employee against whom an internal investigation is pending.
shall
156
The separation of an employee should/shall not alter the investigation process, and the investigation should/shall be completed as a Request for Adverse Action, rejection during probation, non-punitive termination, or miscellaneous investigation, as appropriate.
shall/shall
157
If an employee fails to meet the minimum qualifications for the employee’s job classification and a decision has been made to terminate the employee, an administrative investigation shall be completed in accordance with this manual and documented as a ___-___ termination.
non-punitive
158
When initiating an internal investigation, the commander should/shall meet with the investigator(s) and establish an investigative plan
shall
159
Once an investigation has been initiated, the commander may/should/shall follow the case simply by reviewing the investigative plan form.
may
