10.2

Question 1

6 types of punishments as a result of an Adverse action?

Answer 1

Formal Written Reprimand, suspension, reduction of salary, demotion, involuntary transfer and dismissal

Question 2

Government code empowering POBR?

Answer 2

3300

Question 3

Misconduct shall be reported to the next level as soon as ______________?

Answer 3

Practical

Question 4

Does an employee have the right to representation during interrogation?

Answer 4

Yes

Question 5

All AA are required to be audio recorded.
True or false?

Answer 5

True

Question 6

Length of suspension an officer can request arbitration?

Answer 6

1-5 days

Question 7

Bazemore admonishments ________ be included in all AA’s which are counseling or remedial in nature.

Shall
Should
May

Answer 7

Shall

Question 8

Definition: the process of resolving a dispute of grievance of the court system through an impartial third party.

Answer 8

Arbitration

Question 9

An MOC __________ contain a Bazemore although it is the discretion of the commander.

Answer 9

Should

Question 10

_________________ is intended to modify an employees behavior and should instruct and train the employee to act and preform in accordance with established standards of conduct.

Answer 10

Progressive Discipline

Question 11

What is the lowest level of discipline in an AA?

Answer 11

Formal Written Reprimand

Question 12

How long shall the CHP 7 (Internal Investigations Control Log) be maintained at the division level?

Answer 12

5 years from the end of the calendar year

Question 13

Commanders _____________ require all involved supervisors and managers to review Chpt 11 of 10.2 (POBR) prior to begging an internal investigation.

Answer 13

Should

Question 14

Whenever an employee becomes aware of another agency conducting an investigation which includes that employee he/she ____________ immediately notify a supervisor or manager.

Answer 14

Shall

Question 15

Two types of criminal investigations?

Answer 15

Concurrent and consecutive.

Question 16

Can a criminal complaint be included in a non uniformed employees complaint file?

Answer 16

No

Question 17

Three ways a non uniformed employee can have a AA for a criminal offense?

Answer 17

Felony conviction
Misdemeanor involving moral turpitude
Criminal offense where nexus has been established

Question 18

Can an AA be reopened after the one year mark?

Answer 18

Yes, when significant evidence has been located.

Question 19

Citizen complaints_____________ normally be completed prior to being used as the basis for a AA.

Answer 19

Should

Question 20

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. This is a direct example of a:

Adverse Action

Internal investigation

Criminal investigation

Answer 20

Adverse Action

Question 21

True/False- The Department shall only administratively investigate allegations of misconduct when there is a nexus (or connection), between the act(s) and the individual’s employment with the Department. Normally, mere knowledge of employment status with the Department is insufficient to establish a nexus.

Answer 21

True

Question 22

True/False- The POST Commission shall adopt, by regulation, a definition of “Serious Misconduct” that shall serve as the criteria for ineligibility for, or revocation of, certification. Specified in PC Section 13510.8 (b) are nine categories. An example of one of these nine categories is, “Failing to intercede.”

Answer 22

True

Question 23

Absence Without Leave is the unauthorized absence for _____ consecutive working days (whether the absence was voluntary or involuntary) is considered an automatic __________ from state service, effective the last day the employee worked.

7, resignation

5, resignation

10, termination

5, termination

Answer 23

5, resignation

Question 24

All administrative interrogations shall or should be audio recorded.

Shall

Should

Answer 24

shall

Question 25

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. Accordingly, the Bazemore admonition shall be included in all _____________ which are counseling or remedial in nature. The Bazemore admonition shall be stated verbatim. Memoranda of Direction (MOD) Censurable Form 2 Notice of Adverse Action

Answer 25

Memoranda of Direction (MOD)

Question 26

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 is called? Coleman Hearing. Carter Hearing Coleman Procedure Skelly hearing

Answer 26

Coleman Hearing.

Question 27

A formal written reprimand is the lowest penalty in the adverse action process and may be used when a penalty greater than corrective action is necessary. Informal written reprimand Formal written reprimand Informal verbal reprimand Formal verbal reprimand

Answer 27

Formal written reprimand

Question 28

True/False- If the Lybarger Admonishment is given during an administrative Interrogation the subject has the right to refuse to answer administrative questions and their compelled statement cannot be used against them in a criminal proceeding.

Answer 28

True

Question 29

Miranda warnings ________be given when an employing agency is conducting a criminal investigation on one of its employees: Should May Shall Should not

Answer 29

shall

Question 30

The predisciplinary hearing is an informal hearing in which an employee is given the opportunity to provide a response and/or mitigation regarding the proposed personnel action. The purpose of the hearing is to determine only if there are reasonable grounds that the charges against the employee are true and support the proposed action. Predisciplinary hearings are also known as: Coleman hearing Bazemore hearing Skelly hearing

Answer 30

Skelly hearing

Question 31

The POBR Act is comprised of GC Section 3300 et seq., and it established due process rights and protections for peace officers within California. By policy, the Department extends POBR to all employees, except _______. Non-uniformed Executive level staff Cadets

Answer 31

Cadets

Question 32

Minor Discipline which involves a penalty consisting of a one to five working day(s) suspension or equivalent step-reduction in pay applies to only to who? Bargaining Unit 5 members only (officers only). Bagaining Unit 5 members only (officers and sergeants) Bargaining Unit 5 and 7 members only (officers, sergeants and dispatchers)

Answer 32

Bagaining Unit 5 members only (officers and sergeants)