Internal Investigations

Question 1

Employees ____ never obey orders they know or reasonably should have knows would require them to commit reasonably apparent illegal acts

Answer 1

SHALL

Question 2

Dept has extended POBR rights to all other employees except:

Answer 2

Cadets

Question 3

What should supervisor or manager do If alleged misconduct is egregious?

Answer 3

SHALL make immediate notification to the succeeding level in the chain of command

Question 4

With division concurrence, an internal investigation ____

Answer 4

SHALL be initiated

Question 5

Adverse action?

Answer 5

Disciplinary legal action taken in response to employees misconduct or continued failure to meet rules of conduct established by law/dept policy

Question 6

Adverse action penalties consist of:

Answer 6

Formal written reprimand 
Suspension 
Reduction in salary
Demotion
Involuntary transfer
Dismissal

Question 7

Can employee be rejected during probation?

Answer 7

Dept may for reasons relating to probationers qualifications, for good of service, or for failure to demonstrate merit, efficiency, and moral responsibility

Question 8

Miscellaneous investigations are?

Answer 8

Admin investigation in which employee is exonerated, separates from state service, transfers to new agency, or conduct does not warrant adverse action or rejected during probation

Question 9

Non punitive termination

Answer 9

Actions resulting in involuntary separation from state service, although not as disciplinary measure

Ex: absent without leave
Failure to meet minimum qualifications
Medical disqualification

Question 10

Nexus

Answer 10

Everything on duty, any criminal act, while off duty, an individual’s employment status is affirmatively established by an overt act

Question 11

Dept ________ only investigate allegations of misconduct when there is a nexus or connection, between the acts and individuals employment with dept

Answer 11

SHALL

Question 12

CHP 2 _____ be issued if adverse action will be taken against employee for same act

Answer 12

SHALL not

Question 13

Lybarger admonishment

Answer 13

Given in administrative interrogations which advises the subjects of the interrogations that they DO NOT have right to refuse to answer administrative questions

Question 14

Interim reporting

Answer 14

Goal is to provide employee with tools and assistance to bring their performance to an acceptable level

Question 15

For uniformed employees, copy of criminal investigation and/or arrest record ______ be included with administrative investigation

Answer 15

SHALL

Question 16

For non uniformed employees, arrest reports which have not resulted in conviction _____ be included in investigative file

Answer 16

Cannot

Question 17

Allegations involving potential criminal misconduct by a Non-uniformed employee SHALL be administratively investigated under following conditions:

Answer 17

• Any criminal conduct which could lead to felony conviction
• Any criminal misconduct constituting a misdemeanor involving moral turpitude
• any criminal misconduct where employee has established a nexus to the dept

Question 18

Decision to consent to interview with outside investigator regarding civil rights investigation ______ be at sole discretion of dept employee

Answer 18

SHALL

Question 19

If civil rights investigation interview is conducted on state time, departmental supervisor _____ be present

Answer 19

SHALL

Question 20

Interview conducted on state time ______ be tape recorded

Answer 20

SHALL

Question 21

Internal investigations regarding cadets are responsibility of

Answer 21

Academy commander

Question 22

Adverse action SHALL not be undertaken against employee for any act, omission, or other allegation of misconduct if

Answer 22

Investigation is not completed within 1 year of depts discovery of allegation by person authorized to initiate internal investigation

Question 23

Exceptions to 1 year rule for adverse action to be taken

Answer 23

• pending criminal matter
• employee waives 1 year rule
• reasonable extension is necessary due to multi jurisdictional investigation
• investigation involves employee who is incapacitated or otherwise unavailable
• investigation involves matter of civil litigation and employee is defendant
• investigation involves allegation of workers comp fraud by employee

Question 24

Internal investigation of employee may be reopened beyond 1 year if both of following outcomes exist:

Answer 24

1) significant new evidence has been discovered likely to affect outcome
2) evidence could not reasonably have been discovered without resorting to extraordinary measures by depot or evidence resulted from employees pre disciplinary hearing

Question 25

Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against public safely officer for purpose of harming public safety officer is guilty of a

Answer 25

Misdemeanor

Question 26

Dept employees upon receiving notification of interview/interrogation (and at conclusion) SHALL be given order to

Answer 26

Not discuss their interview/interrogation with anyone other than their chosen rep or supervisor/manager within their chain of command

Question 27

Employee under investigation SHALL not be subjected to visits by the press or news media WITHOUT

Answer 27

Employers express consent

Question 28

Dept SHALL not release residence information or photographs to media even if

Answer 28

Employee is criminally prosecuted

Question 29

Citizens complaint investigation should normally be completed and approved prior to

Answer 29

Being used as basis for an administrative investigation which results in adverse action or rejection during probation

Question 30

Dept initiated leave of absence means employee is

Answer 30

Ordered to stay away from work location, typical assigned to remain at employers residence

Question 31

Dept leaves of absences are generally paid but can be unpaid but require approval of

Answer 31

Appropriate assistant commissioner before commander may place employee on leave

Question 32

For uniformed employee a leave will also _______________ of peace officers powers

Answer 32

Invoke a removal

Question 33

Cal HR approval is required if leave absence extends past ______ calendar days

Answer 33

30

Question 34

When employee is placed on leave of absence without pay, investigation must be completed, reviewed, and employee served with notice of adverse action within

Answer 34

15 calendar days

Question 35

All employees placed on leave SHALL surrender

Answer 35

- all dept issued IDs and state building access cards/keys to supervise or manager - Dept issued badges - officer safety equipment

Question 36

Dept initiated leave of absence may be terminated at any time by providing employee with _______ hours notice

Answer 36

48 hours

Question 37

Examples of situations which removal of peace officers would be appropriate:

Answer 37

1) employee is under investigation for a serious offense involving misuse of position but dismissal or rejection during probation is not indicated 2) employee is subject of temporary restraint order, emergency protective order, or other court action which prohibits possessing or carrying a firearm 3) employee placed on medical leave for stress or other psychological impairment indicating exercise of peace officer powers is not prudent

Question 38

Employee SHALL be provided removal of peace officers memo and both employee and employee serving it _______ sign it

Answer 38

SHALL

Question 39

Following process should be used before asking witness or employee to submit to a Polygraph or voice stress analysis examination:

Answer 39

- Commander SHALL request approval through channels from office of commissioner - employees SHALL not be compelled to submit - no disciplinary action may be created as result of employees refusal

Question 40

Evidence pertaining to an administrative investigation SHALL b stored for

Answer 40

Minimum of 5 years beginning with date investigation is initiated or for life of investigation file whichever is longer

Question 41

Employee SHALL not have assigned locker which are owned/leased by dept searched unless any 1 of following conditions:

Answer 41

- involved employees presence - involved employees consent - after valid search warrant obtained - when employee notified, should be provided reasonable opportunity to respond to depts search location and observe search

Question 42

Statements obtained during administrative interrogations ______ not be used to support criminal investigations

Answer 42

SHALL

Question 43

Statements from dept employees who are interviewed as witness during internal investigations ____ be recorded

Answer 43

SHALL

Question 44

Statements from non departmental witness are to be recorded unless

Answer 44

Witness objects to recording

Question 45

Miranda admonishment when an employee is subject to criminal investigation

Answer 45

The employee SHALL be admonished if Miranda prior to questioning

Question 46

Notice of administrative interrogations

Answer 46

Involved employee SHALL be provided official notice of interrogation and scope of questioning

Question 47

Division commander is final level of approval for adverse action with penalty of:

Answer 47

- formal written reprimand | - suspension of 1-5 working days or equivalent monthly step reduction

Question 48

Respective assistant commissioner is final level of approval for adverse action with penalty of:

Answer 48

- Suspension of 6-20 working days or equivalent monthly step reduction - removal from special pay position

Question 49

Commissioner or deputy commissioner is final level of approval for penalty of:

Answer 49

- dismissal - demotion - suspension in excess for 20 working days or equivalent monthly step reduction - rejection during probation - non punitive termination

Question 50

Effective date of adverse action SHALL be no less than:

Answer 50

25 calendar days after date of service of notice

Question 51

Suspensions SHALL be computed based on ____ hour shift within a 24 hour workday

Answer 51

8 hour

Question 52

Suspensions can be scheduled consecutively with no RDOS up to a maximum of:

Answer 52

42 days

Question 53

Effective date for adverse action SHALL be no less than ____ calendar days from date of service

Answer 53

20

Question 54

All notices SHALL be served within ____ calendar days of depts decision to impose discipline

Answer 54

30

Question 55

All administrative investigations SHALL b destroyed after a period of:

Answer 55

5 years, commencing the rate the employee is served

Question 56

Formal written reprimand SHALL be retained for:

Answer 56

5 years, but copy SHALL b removed from field personnel folder after period of 3 years

Question 57

Employee may file appeal on adverse action no later than ____ calendar days after effect date of notice

Answer 57

30

Question 58

A rejected, probationary employee may file appeal with SPB appeals division no later than ____ calendar days after effective date of rejection

Answer 58

15

Question 59

Should employee separate from dept during administrative investigation the file SHALL be converted to a:

Answer 59

Miscellaneous investigation