HPM 10.2 Internal Investigations manual Flashcards
(190 cards)
1
Q
If an employee receives a conflicting order or directive, the employee must respectfully call the conflict to the attention of the supervisor giving the last order. If the person giving the last order does not change or rescind it, the employee _______ obey it, and _______ responsible for disobeying the first order.
A
Must, is not
2
Q
The Public Safety Officers Procedural Bill of Rights (POBR) is specified in California _______________.
A
Government Code 3300 et seq.
3
Q
By _______, POBR applies to all probationary and permanent departmental personnel who are peace officers. By ________, the Department has extended POBR rights to all other employees with the exception of cadets.
A
Law, policy
4
Q
Once initiated, an administrative investigation has four possible outcomes:
A
(AARP MINT)
Adverse action
Rejection from probation
Miscellaneous investigation
Non-punitive termination
5
Q
Adverse action penalties consist of:
A
(FRIDDS)
Formal written reprimand Reduction in salary Involuntary transfer Demotion Dismissal Suspension
6
Q
____________________ 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.
A
Miscellaneous investigation
7
Q
____________________ is action 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.
A
Non-punitive termination
8
Q
A(n) __________ Hearing is 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 department member with the authority to recommend a final disposition.
A
Coleman
9
Q
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. Subjects are also advised that failure to answer administrative questions will be deemed insubordination. Further, any statement made during an administrative interrogation cannot be used in a subsequent criminal proceeding.
A
Lybarger
10
Q
The goal of written or verbal corrective actions is to bring the employee’s performance to an ___________ level and to prevent continued misconduct or poor performance.
A
Acceptable
11
Q
The following are considered corrective documentation:
A
Monthly evaluation (CHP 100)
Memorandum of Counseling
Memorandum of Direction
Censurable CHP 2
12
Q
A salary reduction may be _______________ salary steps down to the minimum salary of the employee’s class.
A
One or more
13
Q
Regarding an internal investigation, the assigned primary investigator shall be at least _____ rank(s) higher than the highest ranking involved employee, unless otherwise approved by the Division commander or appropriate Assistant Commissioner
A
One
14
Q
What are the two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation?
A
Concurrent and consecutive
15
Q
If the commander feels a polygraph or VSA examination is necessary, the commander shall request approval through channels from ______________ and coordinate through OIA.
A
The Office of the Commissioner
16
Q
An employee’s desk __________ normally be entered by a supervisor when looking for work product. However, when the command has allowed a reasonable expectation of privacy, such as issuance of a key to the desk, the provisions of Government Code section 3309 apply.
A
Can
17
Q
An administrative subpoena _______________ is a legal document utilized by state departments to compel the production of papers, books, accounts, documents, any writing as defined by Evidence Code 250, tangible things, and testimony pertinent or material to any inquiry, investigation, hearing, proceeding, or action conducted in any part of the state.
A
Duces tecum
18
Q
Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a _____________________ to protect the employee’s rights.
A
Miranda warning
19
Q
True or false? While criminal investigators may not participate in an administrative interrogation, an administrative investigator should observe the criminal interrogation. This is desirable if an employee waives Miranda rights during a criminal interrogation and agrees to answer questions. In this case, the entire criminal statement should be included in both investigations.
A
True
20
Q
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.
A
Pre-disciplinary hearing
21
Q
A photo line-up for an internal investigation should have a minimum of _______ photographs.
A
Six
22
Q
Copies of the adverse action shall be retained at the Area level for ____________.
A
Five years
23
Q
An employee shall have ________ calendar days within which to file a written response to any adverse comments entered in his/her personnel file.
A
Thirty
24
Q
A “minor” adverse action is an action which requests a penalty of ______ days or less or a step reduction in salary for ______ months or less (excluding formal written reprimands).
A
Five, five
25
Investigations of allegations ___ be done thoroughly, objectively, and in a timely manner.
Shall
26
Investigations ___ be conducted in a manner which will ensure all applicable protections
are afforded.
Shall
27
All employees ________ be treated professionally, with dignity and respect.
Will
28
All instances of alleged misconduct by departmental employees ___ be investigated and,
when appropriate, adverse action or rejection during probation initiated.
Shall
29
Government Code § ___ 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.
§ 19173 GC
30
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 _________ always be reviewed.
Shall
31
If the CBA has different processes than policy, the process identified in the ____________ is controlling.
CBA
32
Except where otherwise indicated, the authority to take adverse action or initiate a
rejection during probation is vested with the appointing power, the ___.
Commissioner
33
True or false? Employees must promptly obey any lawful orders or directives from a supervisor,
manager, or officer in charge. This includes orders or directives from a superior which are conveyed by an employee of the same or lesser rank.
True
34
Employees ___ never obey orders they know or reasonably should have known would
require them to commit reasonably-apparent illegal acts.
Shall
35
If an internal investigation appears appropriate, the commander ___ discuss the allegations with the assistant chief in the commander’s immediate chain of command. With Division concurrence, an internal investigation ___ be initiated.
Shall, shall
36
Upon initiation of an internal investigation, Division shall notify the appropriate Assistant Commissioner. ________________ shall also be notified for tracking purposes.
The Office of Internal Affairs (OIA)
37
The OIA, which reports directly to the Office of the Assistant Commissioner, ___, is the
Department’s primary resource for guidance and assistance with the internal investigation
process.
Staff
38
True or false? An internal investigation is an official inquiry, utilizing departmental investigative
resources, into alleged misconduct by departmental employees. Internal investigations may lead to administrative action.
True
39
True or false? Administrative Investigation is an 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 section 19572.
True
40
The Department _________ 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.
May
41
True or false? Preponderance of evidence is a significantly lesser threshold than “beyond a reasonable doubt.” Preponderance of evidence is often referred to as “the standard of 51 percent.”
True
42
True or false? Progressive discipline is intended to modify an employee’s behavior, and should not
instruct and train the employee to act and perform in accordance with established standards of conduct.
False
| Should
43
True or false? Progressive discipline provides the employee with the tools and awareness to bring
performance to an acceptable level.
True
44
True or false? Interim reporting is a disciplinary option.
False
45
Preventative actions are __________ steps that reduce or eliminate the need for corrective or adverse action. It is the supervisor’s responsibility to engage and lead the employee in the right direction, as opposed to merely documenting the actions of the employee.
Proactive
46
True or false? Adequate ongoing training for all classifications is a preventative action. Supervisors and managers must ensure that employees attend required training and address training issues in a timely manner when appropriate (e.g., officer safety, policy changes).
True
47
Providing clearly defined job duties, conduct, expectations, and objectives is a ______________ action.
Preventative
48
Types of counseling are Informal and Formal. The primary difference between the two is ____________.
Documentation
49
True or false? A memorandum of counseling will not normally contain a Bazemore Admonition.
True
50
A memorandum of direction _______ contain a Bazemore Admonition.
Shall
51
A censurable CHP 2 __________ contain a Bazemore Admonition.
Shall not
52
A formal request for adverse action _________ be initiated if the employee does not respond to preventive and/or corrective actions, or the acts of misconduct are severe.
Should
53
True or false? A formal request for adverse action should be initiated if the employee does not respond to preventive and/or corrective actions, or the acts of misconduct are severe.
True
54
A salary reduction penalty ________ available for an employee working at bottom step.
Is not
55
Suspension shall be specified in __________ days and may consist of a penalty ranging from one (1) work day to several pay periods.
Working
56
Any holiday falling within the suspension ______ counted as a working day.
Is not
57
An _____________ transfer is a transfer from one Area office to another Area office, or a transfer out of a specialized position. An ___________ transfer included as a penalty in an Adverse Action is subject to review by the State Personnel Board.
Involuntary
58
True or false? A demotion may be permanent or temporary. If temporary, the employee automatically returns to the higher class on the date specified, and at the salary step determined by the hiring authority. If permanent, the employee can compete for a promotion at a later date.
True
59
Dismissal may or may not be preceded by other forms of adverse action (i.e., progressive
discipline). Dismissed employees _________ not thereafter be permitted to take any state civil service examination, or be certified from an eligible list to any position in the state service, without the prior consent of the State Personnel Board Executive Officer (Title 2, CCR, Section 211).
Shall
60
The ___ is responsible for the quality and timeliness of the internal investigation.
Commander
61
Area and Division commanders shall ensure the investigation is forwarded to OIA within _____ calendar days from the date the Area becomes aware of the misconduct.
60
62
In complex cases where the investigations will exceed ___ days, the Division commander
should contact the appropriate Assistant Commissioner to request an extension.
60
63
Whenever any employee of this Department, including the employee subject to
investigation, learns that another law enforcement agency is conducting an inquiry into allegations of __________ misconduct involving a member of the Department, the employee shall immediately notify a supervisor or manager.
Criminal
64
Employees ___ be informed of the availability of resources, such as Employee Assistance
Program (EAP), at appropriate times during the investigation.
Shall
65
When potential criminal misconduct is identified, the commander ______ ensure the appropriate Division commander and OIA are notified.
Shall
66
To maintain the separation between investigations, criminal investigators _________ not participate in administrative interrogations (although it may be permissible to assist in planning the interrogation).
Shall
67
True or false? Commonly, the administrative investigator will 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
68
If an employee of this Department is requested to be interviewed by investigators pursuant to a civil rights investigation, the decision to consent to an interview with an outside investigator regarding a civil rights investigation ________ be at the sole discretion of
the departmental employee (either as a witness to, or the subject of, an investigation
Shall
69
If an employee of this Department is requested to be interviewed by investigators pursuant to a civil rights investigation, if such an interview is conducted on state time, a departmental supervisor _________ be present.
Shall
70
The Department ________ investigate all allegations of misconduct filed as a citizens’ complaint as provided in Section 832.5 of the California Penal Code.
Is required to
71
All internal investigations which involve a cadet as the subject, regardless of a temporary
assignment, will be the responsibility of the ____________.
Academy commander
72
Employees assigned to special programs that remove them from direct departmental
supervision (e.g., drug/vehicle theft task forces) will be the responsibility of the employee's:
Departmental commander
73
True or false? Internal investigations which originate while an employee is working a temporary assignment within the Department, such as a protective services detail, motor carrier inspection program, watch officer, etc., remain the responsibility of the employee's
permanent commander.
True; however, Division commanders may direct such investigations be conducted by the temporary assignment commander or supervisor.
74
When an investigation involves multiple employees assigned to different commands, a single Division, Area, section, or unit ________ be appointed as the primary investigative command. As with all multiple employee investigations, each employee ________ have a separate internal investigation file prepared with its own investigation control number.
Shall, shall
75
Pursuant to Government Code (GC) § 3304, adverse action shall not be undertaken
against an employee for any act, omission, or other allegation of misconduct if the investigation is not completed within ___ of the Department’s discovery of the allegation by a person authorized to initiate an internal investigation (typically a supervisor or above).
12 months
76
Per GC § 19635, “No adverse action shall be valid against any state employee for any cause for discipline based on any civil service law of this state, unless notice of the adverse action is served within ___ after the cause for discipline, upon which the notice is
based, first arose. 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.”
Three years
77
The employee under investigation __________ be subjected to visits by the press or news media without the employee’s express consent, nor _________ the employee’s home address or photograph be given to the press or news media without the employee’s consent (GC § 3303[e]) or commander’s approval.
Shall not, shall
78
The Department ________ not release residence information or photographs to the media,
even if the employee is criminally prosecuted.
Shall
79
Approval through channels from the appropriate Assistant Commissioner _________ be obtained before a commander may remove peace officer powers.
Shall
80
All peace officer employees having peace officer powers removed shall surrender all
Department-issued badges and officer safety equipment (incidental items, such as rain gear, __________ included).
Are not
81
____________ may, during the early stages of an investigation, wish to notify an employee who is the subject of an administrative investigation.
Commanders
82
Policy regarding lost or damaged computer equipment is contained in HPM 40.4, Information Security and Administration Manual, Chapter ____, General.
1
83
True or false? Certain collective bargaining agreements (CBAs) contain a clause which permits the Department the option of allowing employees to reimburse the Department for the cost of the lost or damaged equipment in lieu of an adverse action or other corrective action (e.g., censurable CHP 2 or Memorandum of Direction/Findings).
True
84
In order to improve quality and shorten completion times of in-depth administrative investigations, each Division may form and utilize a Division-specific ___.
Investigative cadre
85
The investigator shall meet with the commander (or designee) and establish an
investigative plan. Once a plan has been agreed upon, the primary investigator should
ensure the following steps are taken, except:
a. Begin chronological summary
b. Conduct POBR review
c. Notify employee of pending investigation
d. Determine need for outside resources
C
86
If applicable, the investigator ___ visit the scene of the incident at the same or approximate time of day of the occurrence.
Should
87
7. If the CBA has different processes than policy, the process identified in the policy is controlling.
a. True
b. False
b. False Chapter 1 pg 1-4
88
12. The Public Safety Officers Procedural Bill of Rights Act (POBR) is specified in California ___.
a. PC § 3100 et seq.
b. GC § 3300 et seq.
c. PC § 3300 et seq.
d. GC § 3100 et seq.
b. GC § 3300 et seq. Chapter 1 pg1-5
89
14. Commanders ___ require all involved supervisory and managerial staff to review Chapter 11, Public Safety Officers Procedural Bill of Rights Act (POBR), as part of the initial steps of an administrative investigation.
a. Should
b. Shall
c. Must
d. May
a. Should Chapter 1 pg 1-5
90
19. Administrative Investigation is an informal 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 section 19572.
a. True
b. False
b. False Chapter 2 pg 2-3 (Formal investigation)
91
25. The Department ___ 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.
a. Should
b. Shall
c. May
d. Must
b. Shall Chapter 2 pg 2-4
92
38. The following are considered corrective documentation, except:
a. Monthly evaluation (CHP 100)
b. Memorandum of Counseling
c. Memorandum of Direction
d. Memorandum of Expectation
e. Censurable CHP 2
d. Memorandum of Expectation Chapter 3 pg 3-6
93
40. A memorandum of direction may contain a Bazemore Admonition.
a. True
b. False
b. False Chapter 3 pg 3-6 (Shall)
94
43. Salary reduction in response to adverse action:
a. A salary reduction shall be one (1) or more salary steps down to the minimum salary of the employee's class.
b. A salary reduction may be one (1) salary step of the employee's class.
c. A salary reduction shall be one (1) salary step of the employee's class.
d. A salary reduction may be one (1) or more salary steps down to the minimum salary of the employee's class.
d. A salary reduction may be one (1) or more salary steps down to the minimum salary of the employee's class. Chapter 3 pg 3-9
95
44. A salary reduction is normally imposed in lieu of a suspension when an employee’s continued service is necessary.
a. True
b. False
a. True Chapter 3 pg 3-9
96
46. Suspension shall be specified in calendar days and may consist of a penalty ranging from one (1) work day to several pay periods.
a. True
b. False
B. False (Working days) Chapter 3 pg 3-9
97
67. Internal investigations which originate while an employee is working a temporary assignment within the Department, such as a protective services detail, motor carrier inspection program, watch officer, etc., remain the responsibility of the employee's permanent commander.
a. True; however, Division commanders may direct such investigations be conducted by the temporary assignment commander or supervisor.
b. True; however, Area commanders may direct such investigations be conducted by the temporary assignment commander or supervisor.
c. False, investigative responsibility will be solely upon the temporary assignment commander
d. False, investigative responsibility will be solely upon the employee’s regular supervisor
a. True; however, Division commanders may direct such investigations be conducted by the temporary assignment commander or supervisor. Chp 4 pg4-11
98
68. When an investigation involves multiple employees assigned to different commands, a single Division, Area, section, or unit shall be appointed as the primary investigative command. As with all multiple employee investigations, each employee shall have a separate internal investigation file prepared with its own investigation control number.
a. True
b. False
a. True Chapter 4 pg 4-11
99
2. The Department shall not release residence information or photographs to the media, even if the employee is criminally prosecuted.
a. True Chapter
b. False
a. True Chapter 4 pg 4-14
100
73. Approval through channels from the appropriate Assistant Commissioner shall be obtained before a commander may remove peace officer powers.
a. True
b. False
a. True Chapter 4 pg 4-17
101
76. Policy regarding lost or damaged state equipment is contained in HPM 11.2, Materials Management Manual, Chapter 16, Lost, Stolen, Damaged, or Destroyed State-Owned Equipment.
a. True
b. False
a. True Chapter 4 pg 4-20
102
83. At the beginning of an investigation, review the employee’s official personnel file for evidence of prior corrective actions. Additionally, items which are positive and may be mitigating in nature should be reviewed. This review will also assist with the preparation of the CHP 7B, Employee Profile, form when documenting the investigation. The date the investigator conducts an Employee history review ___ be recorded in the chronological summary.
a. Should
b. Shall
c. May
d. Must
b. Shall Chapter 5 pg 5-9
103
84. In cases where there is a large pool of potentially unidentified witnesses, the Citizens’ Response Questionnaire can be sent to individuals contacted by the involved employee. The questionnaires offer the citizen the opportunity to discuss and rate contacts with the involved employee less than 3 years prior.
a. True
b. False
a. True Chapter 5 pg 5-10
104
85. Labor Code § 432.7 allows investigators to request copies of records pertaining to the arrest or detention of peace officer employees prior to conviction.
a. True
b. False
a. True Chapter 5 pg 5-13
105
86. Labor Code § 432.7 prohibits investigators from seeking or requesting copies of records pertaining to the arrest or detention of non-uniformed employees prior to conviction, or any record regarding a referral to, and participation in, any pretrial or post-trial diversion program.
a. True
b. False
a. True Chapter 5 pg 5-13
106
87. Employees should not be compelled to submit to a polygraph or voice stress analysis.
a. True
b. False
b. False Chapter 5 pg 5-14 (Shall not)
107
88. 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. Nor 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.
a. True
b. False
a. True Chapter 5 pg 5-14
108
89. Evidence pertaining to an administrative investigation shall be stored for a minimum of ___ year(s) (beginning with the date the investigation is initiated or the life of the investigative file, whichever is longer.)
a. One
b. Three
c. Five
d. Indefinitely
c. Five
109
90. 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 (except):
a. In the involved employee’s presence.
b. With the involved employee’s consent.
c. After a valid search warrant has been obtained. If requesting a search warrant, the appropriate prosecuting authority should be consulted after notifying the Area Commander.
d. 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.
c. After a valid search warrant has been obtained. If requesting a search warrant, the appropriate prosecuting authority should be consulted after notifying the Area Commander. Chapter 5 pg 5-16 (Assistant Commissioner).
110
91. Care shall be given when searching briefcases, purses, etc., contained in lockers or desks, where the employee has a reasonable expectation of privacy for that particular container and/or the investigation does not involve work-related misconduct. In most instances, personal containers may not be searched without a warrant or consent.
a. True
b. False
a. True Chapter 5 pg 5-16
111
92. An employee’s desk cannot normally be entered by a supervisor when looking for work product. However, when the command has allowed a reasonable expectation of privacy, such as issuance of a key to the desk, the provisions of Government Code § 3309 apply.
a. True
b. False
b. False Chapter 5 pg 5-16 (Can normally)
112
93. An administrative subpoena duces tecum is a legal document utilized by state departments to compel the production of papers, books, accounts, documents, any writing as defined by Evidence Code § 250, tangible things, and testimony pertinent or material to any inquiry, investigation, hearing, proceeding, or action conducted in any part of the state.
a. True
b. False
a. True (chapter 5 pg 5-16)
113
94. Testimonial evidence is rarely the most valuable information obtained in an investigation.
a. True
b. False
b. False (chapter 6 pg 6-3) (is often)
114
95. 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.
a. True
b. False
a. True (chapter 6 pg 6-3)
115
96. Two graveyard partner officers are investigated for allegations of excessive force during an enforcement stop. One of the officers is also being investigated for improper sexual relationships during duty hours the prior month while on day shift. Any information regarding the sexual misconduct allegation would not be appropriate for release to the partner officer, even though it is part of the same overall investigation. It should, therefore, be addressed in a separate interview and/or interrogation.
a. True
b. False
a. True (chapter 6 pg 6-4)
116
97. All statements from departmental employees who are interviewed as witnesses during internal investigations ___ be recorded. Prior approval to record a statement need not be obtained.
a. Should
b. Shall
c. May
d. Must
b. Shall (Chapter 6 pg 6-4)
117
98. Statements obtained from non-departmental witnesses are to be recorded, unless the witness objects to the recording. In such instances, a memorandum shall be prepared by the investigator summarizing the statements.
a. True
b. False
a. True (chapter 6 pg 6-4)
118
99. Both federal and state law prohibit law enforcement personnel to record/monitor/eavesdrop on contacts with individuals without their knowledge. In the interest of public confidence, the surreptitious recording/monitoring/eavesdropping of witnesses should be limited to those situations which indicate it is warranted.
a. True
b. False
b. False (chapter 6 pg 6-4)
119
100. Unless previously approved by the Office of the Commissioner, video recordings shall not be made of administrative interrogations.
a. True
b. False
a. True (chapter 6 pg 6-4)
120
101.Due to their versatility, it is recommended that digital audio recorders be used during interviews and interrogations. If a digital device is used to record an interrogation and/or interview, a copy of all recordings made shall be transferred to a compact disc and a copy of the disc shall be included with each copy of the investigative file (as an exhibit).
a. True
b. False
a. True chapter 6 pg 6-5
121
102.Transcriptions are verbatim written records of an interview or interrogation, completed by departmental personnel or through professional transcription services. Since there is no interpretation or filtering (as in a summary), transcripts offer the best record of an interview or interrogation.
a. True
b. False
a. True chapter 6 pg 6-6
122
103.For all ___ cases, the employee’s interrogation shall be transcribed in its entirety. The assigned investigator(s) shall be responsible for ensuring the accuracy of such transcriptions.
a. Misdemeanor
b. Felony
c. Probation
d. Dismissal
d. Dismissal chapter 6 pg 6-6
123
104. Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a Miranda Warning (Miranda v. Arizona [1966] 384 U.S. 436) to protect the employee’s rights (refer to Chapter 2, Terms and Definitions).
a. True
b. False
a. True chapter 6 pg 6-9
124
105. Members of the Department not accused of misconduct are not obligated to cooperate with investigators and have an affirmative duty to answer questions during internal investigations.
a. True
b. False
b. False chapter 6 pg 6-9 (are obligated)
125
106.Departmental employees who are witnesses have a right to know the nature of the investigation.
a. True
b. False
b. False chapter 6 pg 6-9 (do not have the right to know)
126
107. Witness employees are not normally allowed representation during an investigative interview. Employees expressing concern should be advised that they are not suspected of misconduct and, if such issues arise, the interview will be stopped.
a. True
b. False
a. True
127
108. If an employee refuses to be interviewed, whether due to a perception of culpability or for any other reason, the investigator ___ consult with the chain of command for guidance before ordering the employee to comply.
a. Should
b. Shall
c. May
d. Must
a. Should chapter 6 pg 6-9
128
109. If, at any time during the interview, the investigator believes the employee is either admitting to actionable misconduct or is engaging in misconduct through failure to cooperate, the interview shall be immediately stopped to protect the employee’s rights. An administrative interrogation may then be required.
a. True
b. False
a. True chapter 6 pg 6-10
129
110. Interviews can be accomplished by a single investigator or by an investigative team, limited to a maximum of ___ investigators.
a. Two
b. Three
c. Four
a. Two chapter 6 pg 6-10
130
111. Criminal interrogations are not compelled statements; therefore, the person questioned may choose which questions to answer.
a. True
b. False
a. True
131
112. Notification is required prior to a criminal interrogation.
a. True
b. False
b. False chapter 6 pg 6-12 (is not required)
132
113. An employee may be represented by anyone of the employee’s choosing during a criminal interrogation. If another departmental employee is used in this capacity, the employee acting as a representative shall not be a person subject to the same investigation, which could include victims, witnesses, or supervisors/managers within their immediate chain of command.
a. True
b. False
a. True chapter 6 pg 6-12
133
114. Employees are not required to be present for a criminal interrogation. By law, the employee is not obligated to answer questions or provide any information. The employee shall not be subjected to any departmental sanction for exercising these rights.
a. True
b. False
b. False chapter 6 pg 6-12 (are required
134
115. While criminal investigators may not participate in an administrative interrogation, an administrative investigator should observe the criminal interrogation. This is desirable if an employee waives Miranda rights during a criminal interrogation and agrees to answer questions. In this case, the entire criminal statement should be included in both investigations.
a. True
b. False
a. True chapter 6 pg 6-12
135
116. To maintain the separation between investigations, criminal investigators shall not participate in administrative interrogations.
a. True
b. False
a. True chapter 6 pg 6-13
136
117. Although it is not prohibited, subjecting an employee to multiple administrative interrogations regarding the same matter ___ be avoided.
a. Should
b. Shall
a. Should chapter 6 pg 6-13
137
118. The CHP Form 8 is:
a. The Administrative Interrogation Record
b. The Administrative Interview Record
c. An internal investigation
d. The investigative interview
a. The Administrative Interrogation Record chapter 6 pg 6-16
138
120. If, prior to or during the interrogation, information is presented which suggests the employee subject to interrogation may be charged with a criminal offense, the employee shall be immediately informed of ___.
a. Miranda Rights
b. Lybarger Warning
c. Bazemore Admonishment
d. Pasadena Police Officers Assn. v. City of Pasadena (1990) 51 Cal.3d 564
a. Miranda Rights chapter 6 pg 6-17
138
119. All applicable portions of the CHP 8 should be completed prior to the interrogation. The nature of the investigation on the CHP 8 should be the same as the Notice of Administrative Interrogation unless further clarification was needed prior to beginning the interrogation.
a. True
b. False
a. True chapter 6 pg 6-16
139
121. Lybarger is 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 (Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822). Subjects are also advised that failure to answer administrative questions will be deemed insubordination. Further, any statement made during an administrative interrogation cannot be used in a subsequent criminal proceeding.
a. True
b. False
a. True
140
122. The interrogation shall be conducted at a reasonable hour, preferably when the employee is on duty, or during the employee's normal waking hours, unless the seriousness of the investigation requires otherwise. If conducted outside of the employee's scheduled hours of work, the employee ___ be entitled to overtime.
a. Should
b. Shall
c. May
d. Must
b. Shall chapter 6 pg 6-17
141
123. At the conclusion of the interrogation, the employee representative ___ be allowed an opportunity to question the employee to clarify facts, make clarifying statements, or suggest other employees who have knowledge of them.
a. Should
b. Shall
c. May
d. Must
b. Shall chapter 6 pg 6-18
142
124. At the conclusion of the interrogation, the investigator ___ advise the employee of the Department’s Employee Assistance Program (EAP), the services it offers, and, if applicable, provide the employee with a formal supervisory EAP referral.
a. Should
b. Shall
c. May
d. Must
a. Should chapter 6 pg 6-19
143
125. Written interrogatories ___ be used sparingly and only at the discretion of the Area or Division commander.
a. Should
b. Shall
c. May
d. Must
a. Should chapter 6 pg 6-19
144
126. In accordance with Evidence Code § 970 - 981, the marital privilege exempts a married person from having to testify against a spouse in any proceeding.
a. True
b. False
a. True chapter 6 pg 6-21
145
127. The CHP Form 7 is the internal investigation cover page for all internal investigations.
a. True
b. False
a. True chapter 7 pg 7-3
146
128. The CHP Form 7A is the internal investigation involved parties (witnesses, investigators, and representatives not listed on the CHP Form 7).
a. True
b. False
a. True chapter 7 pg 7-3
147
129. The CHP Form 7B is the internal investigation employee profile.
a. True
b. False
a. True chapter 7 pg 7-4
148
130. 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: (a) Formal written reprimand. (b) Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction.
a. True
b. False
a. True chapter 8 pg 8-4
149
131. 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).
a. True
b. False
a. True chapter 8 pg 8-5
150
132. After review by the respective Assistant Commissioner (in the chain of command of the involved employee), 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.
a. True
b. False
a. True chapter 8 pg 8-5
151
133. 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.
a. ___
a. ___ Pre-disciplinary hearing
152
134. The ___ hearing is an informal review conducted by an “impartial and disinterested” representative of the appointing power (the “___” officer) as a response to “absent without leave” (AWOL) proceedings.
a. ___
a. ___ Coleman
153
135. An employee ___ voluntarily resign from a position with the Department by submitting a written or oral resignation to the employee’s commander. Either form of resignation is equally binding on an employee.
a. Should
b. Shall
c. May
d. Must
c. May
154
136. 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 punitive termination.
a. True
b. False
b. False
155
137. ___ 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.
a. Memorandum of Counseling
b. Progressive discipline
c. Corrective Action
d. Memorandum of Direction
b. Progressive discipline
156
138. Which document(s) can contain the Bazemore Admonition?
a. Memorandum of Counseling
b. Censurable CHP 2, Incident Report
c. Memorandum of Direction
d. Both A and B
e. Both A and C
f. All of the above
e. Both A and C
157
139. How many penalty types exist for adverse actions?
a. 4
b. 5
c. 6
d. 7
C. 6
158
140. When a departmental supervisor 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 ___.
a. Within 24 hours
b. Immediately
c. As soon as practical
d. Within 2 business days
c. As soon as practical
159
141. Which of the following is not considered a penalty for Adverse Actions?
a. Involuntary transfer or transfer out of a specialized position
b. Formal written reprimand
c. Demotion
d. Memorandum of Direction
e. Dismissal
d. Memorandum of Direction
160
142. An internal investigation is an official inquiry, utilizing departmental investigative resources, into alleged misconduct by departmental employee, and may lead to ___.
a. Administrative action
b. Suspension
c. Adverse action
d. A CHP
c. Adverse action
161
143. The principal goal of all internal investigations is to objectively ___ regarding allegations of misconduct or substandard performance.
a. Question witnesses
b. Interrogate the employee
c. Identify the facts
d. Punish the employee
c. Identify the facts
162
144. The Primary Investigator during an internal investigation shall be at least ___ than the involved employee.
a. Smarter
b. The same rank or higher
c. One rank higher
d. Two ranks higher
c. One rank higher
163
145. A photo line-up for an internal investigation should have a minimum of ___ photographs.
a. Two
b. Four
c. Six
d. Eight
c. Six
164
146. All statements from departmental employees who are interviewed as witnesses during internal investigations ___ be recorded. The employee being interrogated ___ have the right to bring a personal audio recording device to record any and all aspects of the interrogation.
a. Shall / should
b. Should / should
c. Shall / shall
d. Should / may
c. Shall / shall
165
147. A copy of the miscellaneous investigation file shall be retained at the Area for___ except when employee resigns during investigation.
a. 12 months
b. 3 years
c. 4 years
d. 5 years
d. 5 years
166
148. Copies of the adverse action shall be retained at the Area level for ___.
a. 12 months
b. 3 years
c. 4 years
d. 5 years
d. 5 years
167
149. An employee has the right to be represented at all times during investigations that focuses of matters which are likely to result in ___ against the employee.
a. Any discipline
b. A complaint
c. Discrimination
d. Adverse action
d. Adverse action
168
150. An Employee shall have ___calendar days within which to file a written response to any adverse comment entered in his/her personnel file.
a. Ten
b. twenty
c. thirty
d. sixty
c. thirty
169
151. A “minor” adverse action is an action which requests a penalty of ___ days or less or a step reduction in salary for ___ months or less (excluding formal written reprimands)
a. Five / five
b. Five / six
c. Five / twelve
d. Ten / twelve
a. Five / five
170
152. Whenever possible, the Notice of Adverse Action shall be served on the employee personally. If not possible, service by ___ can be used.
a. United Parcel Service, express delivery
b. Overnight Express
c. Certified mail
d. Certified mail with a returned receipt requested
d. Certified mail with a returned receipt requested
171
153. Service of Notice will be verified by ___.
a. The supervisor who served the notice
b. Completion of the Declaration of Service Form
c. Completion of the CHP 402, Adverse Action Log
d. The completed memo of the served employee
b. Completion of the Declaration of Service Form
172
154. The action taken by the Department is ___ if the affected employee fails to file an appeal within the required time periods or withdraws an appeal previously filed.
a. Justified
b. Severe
c. Presumed adequate
d. Final
d. Final
173
155. In the event an employee is requested to be interviewed by investigators from an outside agency (FBI, US DOT, etc.) pursuant to a civil rights investigation, the decision to consent to the interview is made by who?
a. Employee
b. Supervisor
c. Commander
d. Division
a. Employee
174
156. It is the policy of this Department to restrict the number of departmental representatives (interrogators) to a maximum of ___ during an administrative interrogation?
a. One
b. Two
c. Three
d. Four
b. Two
175
157. Is an officer compelled (required) to answer all questions related to the investigation in an administrative interrogation?
a. No, the officer has the right to remain silent
b. Yes, failure to do so may result in adverse action.
b. Yes, failure to do so may result in adverse action.
176
158. If prior to, or during an administrative interrogation, it is determined that the employee may be charged with a criminal offense, what shall be done?
a. Continue with the interrogation to attain as much information as possible
b. Notify employee you may need to stop the interrogation if he continues to speak
c. Prevent the employee from answering any incriminating questions
d. The employee shall immediately be notified of his/her Miranda rights
d. The employee shall immediately be notified of his/her Miranda rights
177
159. An officer’s representative is required to disclose information received from the officer who is under investigation for a non-criminal matter?
a. True
b. False
b. False
178
160. Under what condition may an officer’s locker be searched?
a. Officer’s consent
b. The officer is present
c. Obtain a valid search warrant
d. Either A, B, or C
d. Either A, B, or C
179
161. An employee has the right to representation when meeting with a supervisor during the normal course of duty, counseling, instruction, or during the issuance of verbal or written admonishments, or any other unplanned or routine contact?
a. True
b. False
b. False
180
162. What California Code establishes the confidentiality of peace officers personnel records and provides the definition of personnel records?
a. Government Code
b. Police Officers Bill of Rights
c. Vehicle Code
d. California Penal Code
d. California Penal Code
181
163. Requests for Adverse Action or Rejection during Probation shall normally be prepared/copied in ___.
a. Duplicate
b. Triplicate
c. Quintuplicate
c. Quintuplicate
182
164. During the course of the investigation, allegations of discrimination or harassment are discovered. Appropriate notifications shall be made to ___.
a. The involved employee
b. Division and the Office of Equal Employment Opportunity
c. The victim
d. His/her commander
b. Division and the Office of Equal Employment Opportunity
183
165. In most cases who has final review for a suspension of up to 5 days?
a. Area Commander
b. Division Commander
c. Assistant Commissioner
d. Commissioner or Deputy Commissioner
b. Division Commander
184
166. In most cases who has final review for suspension from 6 to 20 days?
a. Area Commander
b. Division
c. Assistant Commissioner
d. Commissioner or Deputy Commissioner
c. Assistant Commissioner
185
167. Who has final approval for suspensions over 20 days, dismissals, demotions and rejections during probation?
a. Area Commander
b. Division
c. Assistant Commissioner
d. Commissioner or Deputy Commissioner
d. Commissioner or Deputy Commissioner
186
168. An employee’s representative may be someone other than a union representative, but shall not be ___
a. Anyone in their immediate chain of command
b. A family member
c. A supervisor
d. The Area Squad Club President
a. Anyone in their immediate chain of command
187
Rights of Departmental Personal. Public Safety Officers Procedural Bill of Rights Act (POBR) is specified in which California government code?
a. 1789
b. 2550
c. 3300
d. 1524
c. 3300
188
Corrective documentation can take the form of any of the following, except?
a. Monthly evaluation comment
b. Memorandum of counseling
c. Memorandum of correction
d. Censurable CHP 2
e. Informal counseling
e. Informal counseling
189
Notice of Administrative Interrogation. The involved employee shall be provided official Notice of Interrogation covering the full scope of questioning. Which of the following required elements do not apply while preparing the notice
a. The nature (scope) of the interrogation
b. Rank, name, and command of the lead and assistant interrogators
c. Date, time and location of the interrogation
d. The right to representation
e. POBR read to employee.
e. POBR read to employee.
