Major 4 Flashcards
(136 cards)
What is the primary intention of the public safety officers procedural bill of rights (POBAR) act
The primary intention is to secure procedural rights for peace officers under administrative or internal investigation.
- applies to peace officers only, not temp employees.
- defines all rights and protections provided to correctional peace officers.
- rights encompass the internal investigation process.
Identify the rights in each area granted under POBOR
- have representation of their choice during their interrogation.
- representative shall not be subject in the same investigation.
Rights granted under (POBOR) DO NOT apply to:
- routine or unplanned contact with supervisors during normal course of duty (i.e., instruction or informal verbal admonishment)
- investigations concerned directly and soley with criminal activity.
What are your pre interrogation rights under POBOR
- Interrogation should be conducted at a reasonable hour and normally when you are on duty.
- You will be compensated for any off duty time used for interrogation purposes in accordance with departmental policy.
- you cannot be released from employment for any missed time resulting from an interrogation.
- you must be notified of the name, rank and the command of interrogating officers and names of all persons in attendance during interrogation.
- you shall be questioned by no more than 2 interrogators at one time.
- you shall be notified as to the nature of the investigation, prior to the interrogation.
Interrogation rights according to POBOR
- the interrogation session must be for a reasonable period of time, based on the gravity and complexity of the charges being investigated.
- personal and physical necessities will not be denied
- you will not be subject to offensive language or threats of punitive actions
- interrogations may inform you tha failure to respond to any questions may result in punitive action
- no promises of reward will be made to induce answers
- there will be no media coverage or release of personal information without your explicit consent
- no coerced statements made by a correctional peace officer under investigation is admissible in any subsequent civil proceedings except:
1) If CDCR is seeking civil sanction or administrative action against you.
2) A civil action, brought by you or your representative, arising from a disciplinary action
3) if statements made by you, under investigation, are used for purposes of impeachment
4) statements made by you, under investigation, and you later die
While under investigation you shall have access to:
All recordings of your interrogation, prior to any further interrogation
Transcripts of the interrogation and any reports or complaints, except: transcripts, notes, or reports deemed confidential.
Confidential material may not be entered into your profile.
While under investigation you may: bring a personal recording device and record any and all aspects of the interrogation.
If before or during the investigation a criminal indictment is possible, you will immediately be informed of your constitutional rights.
Job/ duty assignments
During an investigation, you have rights regarding job/duty assignments
However, a supervisor has the right to change an assignment in order to ensure the safety and security of the workplace, facility or camp operation
During the investigation and disciplinary process, you are granted due process
True or false
True
The right to have an internal administrative investigation completed and be notified of any proposed disciplinary action within one year under normal circumstances
Due process
Exceptions to due process
The time taking for disciplinary action is tolled while the alleged misconduct or act is the subject of a criminal investigation or prosecution
You sign a waiver extending the one your time period
The investigation involves more than one jurisdiction or agency and requires a reasonable extension
The investigation involves an employee who is incapacitated or otherwise unavailable and requires a reasonable extension
The investigation involves civil litigation where you are a defendant and the action is still pending until civil action is adjudicated
The investigation involves criminal litigation where the complainant is a criminal defendant; the time is tolled while the criminal defendant is being prosecuted
When the investigation involves an allegation of Worker’s Compensation fraud, the 1 year time period does not apply
If the department decides to take punitive action they must notify you in writing, including the date the discipline takes effect, within 30 days of its decision, unless you are unavailable for discipline.
According to due process an investigation may be reopened against you if:
Significant new evidence is discovered that is likely to effect the outcome
The evidence needed to conduct the investigation could not be gathered within the 12 month timeframe, without extraordinary measures
The evidence resulted from your pre-disciplinary response or procedure
Why is Cdcr Required to have an office of internal affairs
According to the Penal Code, the legislature, in summary, fines and declares that investigations of the California department of corrections and rehabilitation be conducted by their respective offices of internal affairs, or any successor of these offices. They are required to use appropriately trained personnel, who perform their duties with honesty, credibility, and without any conflicts of interest.
What are the hiring requirements of a person assigned to conduct internal affairs investigation’s
Investigators are correctional peace officers. They know the rules and regulations under the departments culture. They know the code of ethics and use of force policies; and they are best qualified to find the facts on an incident
According to PC, the hiring requirement for becoming an investigator includes completing a thorough background check. This background check shall be in addition to the original screening conducted when the person was hired as a peace officer. Canidates shall satisfactorily pass both background checks
In addition they must have and receive 40 hours of specialize investigative training
Identify why internal affairs investigation’s are conducted
Required by law
The department has a duty to hold staff to expectations required by the general public; the people we serve and protect.
If the department does not investigate wrongdoing, The publics confidence and perception would diminish. If the department conducts a speedy, complete investigation, the public is reassured.
If we lose the publics confidence, the public will demand outside investigations by other agencies of our law enforcement family, the legislatures and grand juries and special federal magistrates.
We are public servants and the public has the right to expect us to honor their trust. The OIA is our best guarantee to maintain the publics confidence
What types of employee actions can be investigated
Misconduct
Cdcr equal employment opportunity/sexual harassment
Discrimination
EEO retaliation
Allegation inquiry
Criminal
Administrative
Whistleblower retaliation
Worker’s Compensation fraud
Employees use or deadly force
What types of employee actions can be investigated
Personal complaints
Allegations of misconduct of an employee received from any source
What types of employee actions can be investigated
Omission
Failing to do what is required by law, policy or procedure
What types of employee actions can be investigated
Misconduct
Personal complaints
Acts
Omissions
What types of employee actions can be investigated
Acts
Engaging in contact in violation of law, policy or procedure
POBOR protects you during:
Pre-interrogation
Interrogation rights
Job/duty assignments
Due process
what you have access to during investigation
Where is an investigation conducted
An investigation Can occur at your home, place of business and even outside the state of California
Every allegation of employee misconduct with CDCR shall be promptly reported, objectively reviewed and investigated when appropriate
You will identify, in progressive order, how the investigative process takes place
- Central intake unit (CIU)
- Regional assignments
- Agent assigned
- Investigation conducted
- Reports
- Reviews
- Hiring authority decisions
A complaint is sent to the CIU, whose staff are responsible for receiving, screening and analyzing the allegation of misconduct. CIU agents review the complaint and determine whether it warrants an investigation or direct adverse action.
The complaint is then submitted to the central intake panel comprised of stakeholders from OIA and the employment advocacy and prosecution team. The officer of the inspector general will make a decision on the complaint. Not all complaints are investigated by OIA.
Central intake unit CIU
Upon case acceptance, the investigation is usually assigned to the region the complaint was generated or where the employee works.
Regional assignments