Flashcards in HPM 10.2 Internal Investigations Manual Deck (47)
Investigations SHALL be conducted in a manner which will ensure:
all applicable protections are afforded.
All instances of alleged misconduct by departmental employees should/shall be investigated and, when appropriate, adverse action or rejection during probation initiated.
Government code 19173 provides the authority to reject a probationary employee for the following reasons:
reasons relating to the employees qualifications, the good of service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility.
who has the authority to take adverse action or initiate rejection during probation?
By law, POBR applies to all probationary and permanent departmental personnel who are peace officers. By policy, who else is included?
all other employees with the exception of cadets
Managers and supervisors should/shall ensure all investigations are conducted in compliance with the provisions of POBR and protect the rights of employees.
when a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, when shall notification to the next level in the chain of command be made?
as soon as practical
when a departmental supervisor or manager is notified of or discovers alleged misconduct that is EGREGIOUS on the part of an employee, when shall notification to the next level in the chain of command be made?
what are the six penalties that can come from an adverse action?
1. formal written reprimand
3. reduction in salary
5. Involuntary Transfer
The department shall only investigate allegations of misconduct when there is a nexus (or connection), between..
the acts and the individual's employment with the dept.
Nexus is established in the following circumstances:
1. the acts 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. (trying to get leniency for being a member of dept.)
5. any off duty misconduct with a clear connection to the employee's continued ability to perform his/her job (ex. non-uniformed employee w a suspended driver license cannot perform duties that require a valid DL.
6. misconduct that would bring discredit to the dept.
Normally, mere knowledge of employment status with the dept. is sufficient to...
establish a nexus
during an interrogation, the employee has the right to representation by a person of their choosing. however, the officer must choose a representative who...
is reasonably available to represent the officer and who is physically able to represent the officer at the reasonably scheduled interrogation.
all administrative emails shall be audio/video/both recorded.
what is arbitration?
the process of resolving a dispute or grievance outside of the court system with an impartial third party. in cases of minor discipline (1-5 day suspension), a bargaining unit 5 employee who is not satisfied with the decision rendered in the pre-disciplinary hearing may, through the appropriate collective bargaining unit, submit a request for arbitration.
how many consecutive working days (whether voluntary or involuntary) is considered an automatic resignation from state service.
what is the Bazemore admonition?
when 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.
what is the lowest level of adverse action?
formal written reprimand
what is the lybarger admonishment?
an admonishment given in administrative interrogations which advises the subject that they do not have the right to refuse to answer criminal questions.
what happens when an employee refuses to answer admin interrogation questions?
can statements in an administrative hearing be used in a criminal proceeding?
what is considered a 'minor discipline?'
a discipline that involves a penalty consisting of 1- 5 working day suspension or equivalent step reduction in pay.
are Miranda warnings required when an employing agency is conducting a criminal investigation on one of its employees
yes, shall be given.
who should serve as a predisciplinary hearing officers during an adverse action?
Division commander, or a designated assistant chief.
what is a pre disciplinary hearing?
when the employee and their rep have the opportunity to present a response to the proposed adverse action and any mitigating factors
a one-month, 5 percent reduction in pay is equivalent to how long?
1 working day suspension
who needs to approve the removal of an employee with a specialty pay position
the appropriate assistant commissioner
is an employee entitled to representation during a formal counseling?
no, formal counseling is a routine business communication, therefore is not a part of the grievance process.
when should a MOD be issued?
when poor performance or misconduct merits a more severe punishment, but an adverse action level has not been reached.