HPM 10.2, Internal Investigations Flashcards
HPM 10.2, CHAPTER 1, Introduction & Notification
GOVERNMENT CODE 19570-19593 CONTAINS THE CALIFORNIA LAW REGARDING DISCIPLINE OF REPRESENTED STATE EMPLOYEES AND MANAGERIAL EMPLOYEES.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
ALL INSTANCES OF ALLEGED MISCONDUCT BY DEPARTMENTAL EMPLOYEES SHALL BE INVESTIGATED AND, WHEN APPROPRIATE, ADVERSE ACTION OR REJECTION DURING PROBATION INITIATED.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
GOVERNMENT CODE 19173 PROVIDES THE AUTHORITY TO REJECT A PROBATIONARY EMPLOYEE FOR REASONS RELATING TO THE PROBATIONER’S QUALIFICATIONS, THE GOOD OF THE SERVICE, OR FAILURE TO DEMONSTRATE MERIT, EFFICIENCY, FITNESS, AND MORAL RESPONSIBILITY.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
COLLECTIVE BARGAINING AGREEMENTS (CBAs) CONTAIN THE TERMS AND CONDITIONS OF EMPLOYMENT FOR REPRESENTED EMPLOYEES. IF AN EMPLOYEE IS SUBJECT TO THE TERMS OF A CBA, IT SHALL ALWAYS BE REVIEWED. IF THE CBA HAS DIFFERENT PROCESSES, THE PROCESS IDENTIFIED IN THE CBA IS CONTROLLING.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
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, CHAPTER 1, Introduction & Notification
EMPLOYEES MUST PROMPTLY OBEY ANY LAWFUL ORDERS OR DIRECTIVES FROM A SUPERVISOR, MANAGER, OR OFFICER-IN-CHARGE.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
ANY EMPLOYEE WHO DISOBEYS OR DISREGARDS A LAWFUL ORDER OR DIRECTIVE (VERBAL OR WRITTEN) GIVEN BY A SUPERVISOR, MANAGER, OR OFFICER-IN-CHARGE MAY BE SUBJECT TO DISCIPLINARY ACTION.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
EMPLOYEES SHALL NEVER OBEY ORDERS THEY KNOW OR REASONABLY SHOULD HAVE KNOWN WOULD REQUIRE THEM TO COMMIT REASONABLY-APPARENT ILLEGAL ACTS.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
THE PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS (POBR) IS SPECIFIED IN CALIFORNIA GOVERNMENT CODE 3300.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
BY LAW, POBR APPLIES TO ALL PROBATIONARY AND PERMANENT PERSONNEL WHO ARE PEACE OFFICERS. BY POLICY, THE DEPARTMENT HAS EXTENDED POBR RIGHTS TO ALL OTHER EMPLOYEES WITH THE EXCEPTION OF CADETS.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
MANAGERS AND SUPERVISORS SHALL ENSURE ALL INVESTIGATIONS ARE CONDUCTED IN COMPLIANCE WITH THE PROVISIONS OF POBR AND PROTECT THE RIGHTS OF EMPLOYEES.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
WHEN A DEPARTMENTAL SUPERVISOR OR MANAGER IS NOTIFIED OF OR DISCOVERS ALLEGED MISCONDUCT ON THE PART OF AN EMPLOYEE, NOTIFICATION TO THE NEXT LEVEL IN THE CHAIN OF COMMAND SHALL BE MADE AS SOON AS IT IS PRACTICAL. IF THE ALLEGED MISCONDUCT IS EGREGIOUS, THE SUPERVISOR OR MANAGER SHALL MAKE IMMEDIATE NOTIFICATION TO THE SUCCEEDING LEVEL IN THE CHAIN OF COMMAND.
.
HPM 10.2, CHAPTER 1, Introduction & Notification
THE OFFICE OF INTERNAL AFFAIRS (OIA), WHICH REPORTS DIRECTLY TO THE OFFICE OF THE ASSISTANT COMMISSIONER, STAFF, IS THE DEPARTMENT’S PRIMARY RESOURCE FOR GUIDANCE AND ASSISTANCE WITH THE INTERNAL INVESTIGATION PROCESS.
.
HPM 10.2, CHAPTER 2, Terms & Definitions
AN OFFICIAL INQUIRY, UTILIZING DEPARTMENTAL INVESTIGATIVE RESOURCES, INTO ALLEGED MISCONDUCT BY DEPARTMENTAL EMPLOYEES.
INTERNAL INVESTIGATION
HPM 10.2, CHAPTER 2, Terms & Definitions
A FORMAL INVESTIGATION INTO ALLEGED CRIMINAL MISCONDUCT WHICH MAY LEAD TO EXONERATION OR A RECOMMENDATION OF CRIMINAL PROSECUTION.
CRIMINAL INVESTIGATION
HPM 10.2, CHAPTER 2, Terms & Definitions
A FORMAL INVESTIGATION INTO ALLEGED VIOLATIONS OF POLICIES OR PROCEDURES, OR POOR PERFORMANCE, RESULTING IN EITHER EXONERATION OR ADMINISTRATIVE SANCTIONS, OR OTHER CIVIL MISCONDUCT CONTEMPLATED BY GOVERNMENT CODE 19572.
ADMINISTRATIVE INVESTIGATION
HPM 10.2, CHAPTER 2, Terms & Definitions
AN ADMINISTRATIVE INVESTIGATION HAS FOUR POSSIBLE OUTCOMES:
- ADVERSE ACTION
- REJECTION DURING PROBATION
- MISCELLANEOUS INVESTIGATION
- NON-PUNITIVE TERMINATION
.
HPM 10.2, CHAPTER 2, Terms & Definitions
A DISCIPLINARY LEGAL ACTION TAKEN IN RESPONSE TO AN EMPLOYEE’S MISCONDUCT OR CONTINUED FAILURE TO MEET THE RULES OF CONDUCT ESTABLISHED BY LAW AND/OR DEPARTMENTAL POLICY.
ADVERSE ACTION
HPM 10.2, CHAPTER 2, Terms & Definitions
PENALTIES OF ADVERSE ACTIONS CONSIST OF:
- FORMAL WRITTEN REPRIMAND
- SUSPENSION
- REDUCTION IN SALARY
- DEMOTION
- INVOLUNTARY TRANSFER
- DISMISSAL
.
HPM 10.2, CHAPTER 2, Terms & Definitions
THE DEPARTMENT MAY REJECT ANY EMPLOYEE DURING THE PROBATIONARY PERIOD FOR REASONS RELATING TO THE PROBATIONER’S QUALIFICATIONS, FOR THE GOOD OF THE SERVICE, OR FOR FAILURE TO DEMONSTRATE MERIT, EFFICIENCY, FITNESS, AND MORAL RESPONSIBILITY.
REJECTION DURING PROBATION
HPM 10.2, CHAPTER 2, Terms & Definitions
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
HPM 10.2, CHAPTER 2, Terms & Definitions
ACTIONS RESULTING IN INVOLUNTARY SEPARATION FROM STATE SERVICE, ALTHOUGH NOT AS A DISCIPLINARY MEASURE. EXAMPLES INCLUDE TERMINATION RESULTING FROM ABSENCE WITHOUT LEAVE, FAILURE TO MEET MINIMUM QUALIFICATIONS, AND MEDICAL DISQUALIFICATION.
NON-PUNITIVE TERMINATION
HPM 10.2, CHAPTER 2, Terms & Definitions
THE DEPARTMENT SHALL ONLY INVESTIGATE ALLEGATIONS OF MISCONDUCT WHEN THERE IS A NEXUS (OR CONNECTION), BETWEEN THE ACT(S) AND THE INDIVIDUAL’S EMPLOYMENT WITH THE DEPARTMENT. SUCH A NEXUS IS NECESSARY TO ESTABLISH A BASIS FOR DISCIPLINARY OR CORRECTIVE ACTION.
.
HPM 10.2, CHAPTER 2, Terms & Definitions
NEXUS TO EMPLOYMENT IS ESTABLISHED IN THE FOLLOWING CIRCUMSTANCES:
1) THE ACT(S) OCCURRED WHILE THE EMPLOYEE WAS ON DUTY, REGARDLESS OF LOCATION OR ASSIGNMENT.
2) ALL CRIMINAL ACTS BY UNIFORMED EMPLOYEES, EITHER ON OR OFF DUTY.
3) ALL CRIMINAL ACTS BY NON-UNIFORMED EMPLOYEES, EITHER ON OR OFF DUTY, WHICH CONSTITUTE A FELONY OR CRIME OF MORAL TURPITUDE.
4) WHILE OFF DUTY, AN INDIVIDUAL’S EMPLOYMENT STATUS IS AFFIRMATIVELY ESTABLISHED BY AN OVERT ACT.
5) ANY OFF DUTY MISCONDUCT WITH A CLEAR CONNECTION TO THE EMPLOYEE’S CONTINUED ABILITY TO EFFECTIVELY PERFORM THE DUTIES OF THE EMPLOYEE’S POSITION.
6) THE MISCONDUCT IS OF SUCH A NATURE THAT IT COULD BRING DISCREDIT TO THE DEPARTMENT.
7) NORMALLY, MERE KNOWLEDGE OF EMPLOYMENT STATUS WITH THE DEPARTMENT IS INSUFFICIENT TO ESTABLISH A NEXUS.
.
HPM 10.2, CHAPTER 2, Terms & Definitions
THE FORMAL AND DIRECT QUESTIONING OF AN EMPLOYEE TO DETERMINE THE FACTS OF AN INTERNAL INVESTIGATION.
ADMINISTRATIVE INTERROGATION
HPM 10.2, CHAPTER 2, Terms & Definitions
A DOCUMENT UTILIZED BY THE DEPARTMENT TO COMPEL THE PRODUCTION OF PAPERS, BOOKS, ACCOUNTS, AND DOCUMENTS.
ADMINISTRATIVE SUPOENA
HPM 10.2, CHAPTER 2, Terms & Definitions
A LEAVE OF ABSENCE INITIATED BY THE DEPARTMENT
ADMINISTRATIVE TIME OFF
HPM 10.2, CH 2, Terms & Definitions
THE PROCESS OF RESOLVING A DISPUTE OR GRIEVANCE OUTSIDE OF THE COURT SYSTEM THROUGH AN IMPARTIAL THIRD PARTY.
ARBITRATION
HPM 10.2, CHAPTER 2, Terms & Definitions
ABSENCE FOR FIVE CONSECUTIVE WORKING DAYS (WHETHER THE ABSENCE WAS VOLUNTARY OR INVOLUNTARY) IS CONSIDERED AN AUTOMATIC RESIGNATION FROM STATE SERVICE, EFFECTIVE THE LAST DAY THE EMPLOYEE WORKED.
ABSENCE WITHOUT LEAVE
HPM 10.2, CHAPTER 2, Terms & Definitions
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. SHALL BE INCLUDED IN ALL MEMORANDA OF DIRECTION (MOD) WHICH ARE COUNSELING OR REMEDIAL IN NATURE.
BAZEMORE ADMONITION
HPM 10.2, CHAPTER 2, Terms & Definitions
BRADY MATERIAL CONSISTS OF EXCULPATORY OR IMPEACHING INFORMATION THAT IS MATERIAL TO THE GUILT OR PUNISHMENT OF THE DEFENDANT.
.
HPM 10.2, CHAPTER 2, Terms & Definitions
A PROCESS BY WHICH A COMMANDER OVERSEES AN ONGOING INVESTIGATION.
CASE MANAGEMENT
HPM 10.2, CHAPTER 2, Terms & Definitions
A RECORD OF COMMENDABLE ACTS, OUTSTANDING LEVELS OF PERFORMANCE, OUTSTANDING ACCOMPLISHMENTS, OR EFFORTS TOWARD SELF-IMPROVEMENT.
COMMENDABLE CHP 2, INCIDENT REPORT
HPM 10.2, CHAPTER 2, Terms & Definitions
A RECORD OF CENSURABLE ACTS OR OMISSIONS WHICH IS INTENDED TO CORRECT INAPPROPRIATE BEHAVIOR, CONDUCT, OR PERFORMANCE.
CENSURABLE CHP2, INCIDENT REPORT
HPM 10.2, CHAPTER 2, Terms & Definitions
THE FINAL DOCUMENT PROVIDED TO AN EMPLOYEE AT THE CONCLUSION OF AN INTERNAL INVESTIGATION. EXAMPLES: - NOTICE OF ADVERSE ACTION - MEMORANDUM OF DIRECTION (MOD) - MEMORANDUM OF FINDINGS (MOF) - CHP 2, INCIDENT REPORT
CLOSING DOCUMENTS
HPM 10.2, CHAPTER 2, Terms & Definitions
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.
COLEMAN HEARING
HPM 10.2, CHAPTER 2, Terms & Definitions
A CONTRACT BETWEEN AN EMPLOYER AND A LABOR UNION REGULATING EMPLOYMENT CONDITIONS, WAGES, BENEFITS, AND GRIEVANCES.
COLLECTIVE BARGAINING AGREEMENT (CBA)
HPM 10.2, CHAPTER 2, Terms & Definitions
LOWERING OF AN EMPLOYEE’S RANK OR CLASSIFICATION RESULTING FROM AN ADVERSE ACTION.
DEMOTION
HPM 10.2, CHAPTER 2, Terms & Definitions
A COMPLETE AND FINAL PUNITIVE SEPARATION FROM THE DEPARTMENT RESULTING FROM AN ADVERSE ACTION.
DISMISSAL
HPM 10.2, CHAPTER 2, Terms & Definitions
A PANEL CONSISTING OF FIVE MEMBERS WHO ARE CONVENED AT THE REQUEST OF THE COMMISSIONER OR DEPUTY COMMISSIONER AFTER THE REVIEW PROCESS OF AN INTERNAL INVESTIGATION HAS BEEN COMPLETED. THE PANEL DETERMINES WHETHER THE ALLEGATIONS AGAINST AN EMPLOYEE MERIT DISMISSAL OR A LESSER PENALTY.
DISMISSAL REVIEW PANEL
HPM 10.2, CHAPTER 2, Terms & Definitions
KNOWINGLY PROVIDING FALSE STATEMENTS, MAKING AN INTENTIONAL MISREPRESENTATION OF FACTS, OR INTENTIONALLY OMITTING INFORMATION OF A MATERIAL NATURE.
DISHONESTY
HPM 10.2, CHAPTER 2, Terms & Definitions
A RESTRAINING ORDER ISSUED AT THE REQUEST OF A LAW ENFORCEMENT OFFICER IN RESPONSE TO A DOMESTIC VIOLENCE VICTIM WHO IS IN GENERAL DANGER.
EMERGENCY PROTECTIVE ORDER (EPO)
HPM 10.2, CHAPTER 2, Terms & Definitions
ANY TESTIMONY, DOCUMENT, OR TANGIBLE OBJECT WHICH TENDS TO PROVE OR DISPROVE AN ALLEGED FACT.
EVIDENCE
HPM 10.2, CHAPTER 2, Terms & Definitions
A DOCUMENT, RECORD, OR OTHER TANGIBLE OBJECT ATTACHED TO THE INVESTIGATIVE FILE WHICH IS RELEVANT TO THE ALLEGATIONS CONTAINED THEREIN.
EXHIBIT
HPM 10.2, CHAPTER 2, Terms & Definitions
WHEN A PERMANENT OR PROBATIONARY EMPLOYEE FAILS TO MEET THE MINIMUM QUALIFICATIONS REQUIRED FOR A POSITION, THE EMPLOYEE MUST BE INFORMED OF THIS AND PROHIBITED FROM FURTHER WORK IN THE CURRENT CLASSIFICATION.
FAILURE TO MEET MINIMUM QUALIFICATIONS
HPM 10.2, CHAPTER 2, Terms & Definitions
THE LOWEST LEVEL OF ADVERSE ACTION AND IS CONSIDERED A “MINOR ADVERSE ACTION” UNDER CERTAIN CBAs OR “LESSER ADVERSE ACTION” FOR NON-REPRESENTED EMPLOYEES. DOES NOT RESULT IN A MONETARY PENALTY.
FORMAL WRITTEN REPRIMAND
HPM 10.2, CHAPTER 2, Terms & Definitions
THE AUTHORITY AND SPECIFIC SECTIONS FOR TAKING ADVERSE ACTION AGAINST AN EMPLOYEE.
GOVERNMENT CODE 19572
HPM 10.2, CHAPTER 2, Terms & Definitions
THE FORMAL, DIRECT QUESTIONING OF A WITNESS AS PART OF AN INTERNAL INVESTIGATION.
INTERVIEW
HPM 10.2, CHAPTER 2, Terms & Definitions
A PLAN FORMULATED BY THE ASSIGNED INVESTIGATOR, IN CONJUNCTION WITH A SUPERVISOR, AS PART OF AN INTERNAL INVESTIGATION,
INVESTIGATIVE PLAN
HPM 10.2, CHAPTER 2, Terms & Definitions
A REMOVAL FROM A CURRENT ASSIGNMENT AND ADMINISTRATIVE TRANSFER TO ANOTHER ASSIGNMENT WHICH DOES NOT RESULT IN A PAY REDUCTION.
INVOLUNTARY TRANSFER
HPM 10.2, CHAPTER 2, Terms & Definitions
A PERIOD OF TIME WHEREIN AN EMPLOYEE IS DIRECTED TO REMAIN AWAY FROM THE WORK LOCATION DURING SCHEDULED DUTY HOURS, EITHER ON PAID OR NON-PAID STATUS.
LEAVE OF ABSENCE
HPM 10.2, CHAPTER 2, Terms & Definitions
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. FAILURE TO ANSWER QUESTIONS WILL BE DEEMED INSUBORDINATION. STATEMENTS MADE DURING AN ADMINISTRATIVE INTERROGATION CAN NOT BE USED IN A SUBSEQUENT CRIMINAL PROCEEDING.
LYBARGER ADMONISHMENT
HPM 10.2, CHAPTER 2, Terms & Definitions
MEMORANDUM ISSUED TO AN EMPLOYEE TO FORMALLY DOCUMENT SUPERVISORY COUNSELING PERTAINING TO MISCONDUCT, BEHAVIOR, OR POOR PERFORMANCE.
MEMORANDUM OF COUNSELING
HPM 10.2, CHAPTER 2, Terms & Definitions
MEMORANDUM ISSUED TO AN EMPLOYEE TO FORMALLY DOCUMENT MISCONDUCT, BEHAVIOR, OR POOR PERFORMANCE, AND TO PROVIDE SPECIFIC DIRECTION TO PRECLUDE A RECURRENCE.
MEMORANDUM OF DIRECTION
HPM 10.2, CHAPTER 2, Terms & Definitions
MEMORANDUM ISSUED TO AN EMPLOYEE TO FORMALLY EXPLAIN THE EXPECTATIONS FOR CONDUCT OR PERFORMANCE.
MEMORANDUM OF EXPECTATIONS
HPM 10.2, CHAPTER 2, Terms & Definitions
MEMORANDUM ISSUED TO AN EMPLOYEE TO DOCUMENT THE FINDINGS OF A MISCELLANEOUS INVESTIGATION OR CITIZEN’S COMPLAINT. USED WHEN THE EMPLOYEE IS EXONERATED OF MISCONDUCT OR WHEN SUBSTANTIATED MISCONDUCT IS NOT SEVERE ENOUGH TO WARRANT A MORE SEVERE ACTION.
MEMORANDUM OF FINDINGS
HPM 10.2, CHAPTER 2, Terms & Definitions
DISCIPLINE WHICH INVOLVES A PENALTY CONSISTING OF A ONE TO FIVE WORKING DAY(S) SUSPENSION OR EQUIVALENT STEP-REDUCTION IN PAY. APPLIES TO BARGAINING UNIT 5 MEMBERS ONLY (OFFICERS AND SERGEANTS).
MINOR DISCIPLINE
HPM 10.2, CHAPTER 2, Terms & Definitions
A WARNING THAT PEACE OFFICERS MUST GIVE TO A SUBJECT BEFORE CONDUCTING A CRIMINAL INTERROGATION, INCLUDING THE RIGHT TO REMAIN SILENT, THE RIGHT TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING, THE RIGHT TO A COURT APPOINTED ATTORNEY, STATEMENTS MADE CAN BE USED AGAINST THE SUBJECT IN COURT.
MIRANDA WARNING
HPM 10.2, CHAPTER 2, Terms & Definitions
MIRANDA WARNINGS SHALL BE GIVEN WHEN AN EMPLOYING AGENCY IS CONDUCTING A CRIMINAL INVESTIGATION ON ONE OF ITS EMPLOYEES.
.
HPM 10.2, CHAPTER 2, Terms & Definitions
ADVANCE NOTICE GIVEN TO AN EMPLOYEE (A REASONABLE LENGTH OF TIME) PRIOR TO AN ADMINISTRATIVE INTERROGATION.
NOTICE OF ADMINISTRATIVE INTERROGATION
HPM 10.2, CHAPTER 2, Terms & Definitions
THE CLOSING DOCUMENT THE DEPARTMENT USES TO NOTIFY THE EMPLOYEE OF THE ADVERSE ACTION BEING TAKEN FOR SPECIFIED ACT(S) OF MISCONDUCT OR POOR PERFORMANCE.
NOTICE OF ADVERSE ACTION
HPM 10.2, CHAPTER 2, Terms & Definitions
AN ELECTRICAL DEVICE SUCH AS A CELLULAR TELEPHONE, LAPTOP COMPUTER, ETC., OWNED BY AN EMPLOYEE BUT USED WHILE ON-DUTY, IN THE WORKPLACE, OR TO CONDUCT DEPARTMENTAL BUSINESS.
PERSONAL ELECTRONIC DEVICE
HPM 10.2, CHAPTER 2, Terms & Definitions
AN UNBIASED, INDEPENDENT, NON-INVOLVED REVIEWER OF THE PROPOSED ADVERSE ACTION.
PRE-DISCIPLINARY HEARING OFFICER
HPM 10.2, CHAPTER 2, Terms & Definitions
IT IS THE PROCESS WHEREBY A DEPARTMENTAL EMPLOYEE AND REPRESENTATIVE HAVE THE RIGHT TO PRESENT MATERIAL FOR WHICH A NOTICE OF ADVERSE ACTION OR REJECTION DURING PROBATION WAS SERVED, PRIOR TO THE PENALTY BEING IMPOSED.
PRE-DISCIPLINARY HEARING PROCESS
PREVIOUSLY KNOWN AS “SKELLY”
HPM 10.2, CHAPTER 2, Terms & Definitions
THE GREATER WEIGHT OF THE EVIDENCE, NOT NECESSARILY BY THE GREATER NUMBER OF WITNESSES TESTIFYING TO A FACT, BUT BY EVIDENCE THAT HAS THE MOST CONVINCING FORCE. A SIGNIFICANTLY LESSER THRESHOLD THAN “BEYOND A REASONABLE DOUBT.”
PREPONDERANCE OF EVIDENCE
HPM 10.2, CHAPTER 2, Terms & Definitions
ESTABLISHED DUE PROCESS RIGHTS AND PROTECTIONS FOR PEACE OFFICERS WITHIN CALIFORNIA.
PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS (POBR)
GOVERNMENT CODE 3300
HPM 10.2, CHAPTER 2, Terms & Definitions
A PERCENTAGE REDUCTION IN SALARY FOR A SPECIFIED PERIOD OF TIME OR NUMBER OF PAY PERIODS.
REDUCTION IN SALARY
HPM 10.2, CHAPTER 2, Terms & Definitions
REASSIGNMENT FROM A DESIGNATED SPECIALTY PAY POSITION.
REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITION
HPM 10.2, CHAPTER 2, Terms & Definitions
A WRITTEN AGREEMENT BETWEEN AN EMPLOYEE, THE DEPARTMENT, AND, IF APPLICABLE, A COLLECTIVE BARGAINING UNIT SPECIFYING TERMS AND CONDITIONS RESOLVING THE APPEAL OF AN ADVERSE ACTION.
STIPULATED AGREEMENT
HPM 10.2, CHAPTER 2, Terms & Definitions
A TEMPORARY SEPARATION FROM A CLASSIFICATION WITHOUT PAY.
SUSPENSION
HPM 10.2, CHAPTER 2, Terms & Definitions
AN EMPLOYEE SUBMITS FALSIFIED INFORMATION REGARDING EDUCATION, WORK EXPERIENCE, MEDICAL INFORMATION, ETC., TO SUCH A DEGREE THAT THE EMPLOYEE WOULD NOT HAVE BEEN ELIGIBLE FOR THE POSITION.
FRAUD IN SECURING APPOINTMENT
HPM 10.2, CHAPTER 2, Terms & Definitions
LACKING THE REQUISITE SKILLS OR ABILITIES TO EFFECTIVELY PERFORM ONE’S DUTIES.
INCOMPETENCY
HPM 10.2, CHAPTER 2, Terms & Definitions
A FAILURE TO PERFORM ONE’S DUTIES PRODUCTIVELY AND CONSISTENTLY.
INEFFICIENCY
HPM 10.2, CHAPTER 2, Terms & Definitions
AN INTENTIONAL OR GROSSLY NEGLIGENT FAILURE TO EXERCISE DUE DILIGENCE IN THE PERFORMANCE OF A KNOWN OFFICIAL DUTY WITHOUT LAWFUL EXCUSE OR JUSTIFICATION.
INEXCUSABLE NEGLECT OF DUTY
HPM 10.2, CHAPTER 2, Terms & Definitions
A DEMONSTRATED UNWILLINGNESS TO SUBMIT TO AUTHORITY.
INSUBORDINATION
HPM 10.2, CHAPTER 2, Terms & Definitions
LACKING HONESTY OR INTEGRITY. MISREPRESENTATION OF A KNOWN MATERIAL FACT.
DISHONESTY
HPM 10.2, CHAPTER 2, Terms & Definitions
INTOXICATION WHILE ON DUTY AS A RESULT OF ALCOHOL AND/OR DRUGS.
DRUNKENNESS ON DUTY
HPM 10.2, CHAPTER 2, Terms & Definitions
LACK OF MODERATION IN SATISFYING AN APPETITE OR PASSION, AS IN THE HABITUAL OR EXCESSIVE USE OF INTOXICANTS.
INTEMPERENCE
HPM 10.2, CHAPTER 2, Terms & Definitions
CONDUCT CONFLICTING WITH GENERALLY HELD MORAL PRINCIPLES, SUCH AS EXTREMELY DEVIANT SEXUAL BEHAVIOUR.
IMMORALITY
HPM 10.2, CHAPTER 2, Terms & Definitions
THE USE OF STATE TIME OR STATE PROPERTY, OR THE PRESTIGE AND INFLUENCE OF THE EMPLOYEE’S OFFICIAL POSITION, TO ADVANCE POLITICAL INTEREST OF ANY PERSON OR THE INTERESTS OF ANY POLITICAL PARTY.
IMPROPER POLITICAL ACTIVITY
HPM 10.2, CHAPTER 2, Terms & Definitions
ONE KNOWINGLY AND INTENTIONALLY VIOLATES A DIRECT COMMAND OR PROHIBITION.
WILLFUL DISOBEDIENCE
HPM 10.2, CHAPTER 2, Terms & Definitions
THEFT OF STATE PROPERTY OR INTENTIONAL USE OF STATE PROPERTY OR TIME FOR AN UNAUTHORIZED PURPOSE.
MISUSE OF STATE PROPERTY
HPM 10.2, CHAPTER 2, Terms & Definitions
REFUSAL TO TAKE ANY OATH OR AFFIRMATION WHICH IS REQUIRED BY LAW IN CONNECTION WITH THE PERSON’S EMPLOYMENT.
INCONSISTENT AND INCOMPATIBLE ACTIVITIES
HPM 10.2, CHAPTER 2, Terms & Definitions
OTHER FAILURE OF GOOD BEHAVIOR EITHER DURING OR OUTSIDE OF DUTY HOURS WHICH IS OF SUCH A NATURE THAT IT CAUSES DISCREDIT TO THE APPOINTING AUTHORITY OR THE PERSON’S EMPLOYMENT.
INCONSISTENT AND INCOMPATIBLE ACTIVITIES
HPM 10.2, CHAPTER 2, Terms & Definitions
ANY NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL ACT WHICH RESULTS IN THE DEATH OF A PATIENT OF A STATE HOSPITAL SERVING MENTALLY DISABLED OR THE DEVELOPMENTALLY DISABLED.
INCONSISTENT AND INCOMPATIBLE ACTIVITIES
HPM 10.2, CHAPTER 2, Terms & Definitions
THE USE DURING DUTY HOURS, FOR TRAINING OR TARGET PRACTICE, OF ANY MATERIAL WHICH IS NOT AUTHORIZED BY THE APPOINTING POWER.
INCONSISTENT AND INCOMPATIBLE ACTIVITIES
HPM 10.2, CHAPTER 2, Terms & Definitions
UNLAWFUL DISCRIMINATION, INCLUDING HARASSMENT, ON THE BASIS OF RACE, RELIGIOUS CREED, COLOR, NATIONAL ORIGIN, ANCESTRY, PHYSICAL HANDICAP, MARITAL STATUS, SEX, OR AGE, AGAINST THE PUBLIC OR OTHER EMPLOYEES WHILE ACTING IN THE CAPACITY OF A STATE EMPLOYEE.
INCONSISTENT AND INCOMPATIBLE ACTIVITIES
HPM 10.2, CHAPTER 2, Terms & Definitions
UNLAWFUL RETALIATION AGAINST ANY OTHER STATE OFFICER OR EMPLOYEE OR MEMBER OF THE PUBLIC WHO IN GOOD FAITH REPORTS, DISCLOSES, DIVULGES, OR OTHERWISE BRINGS TO THE ATTENTION OF THE ATTORNEY GENERAL, OR ANY OTHER APPROPRIATE AUTHORITY, ANY FACTS OR INFORMATION RELATIVE TO ACTUAL OR SUSPECTED VIOLATIONS OF ANY LAW OCCURRING ON THE JOB OR DIRECTLY RELATED.
INCONSISTENT AND INCOMPATIBLE ACTIVITIES
