10.2 Flashcards

1
Q

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

A

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

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2
Q

Government code empowering POBR?

A

3300

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3
Q

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

A

Practical

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4
Q

Does an employee have the right to representation during interrogation?

A

Yes

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5
Q

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

A

True

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6
Q

Length of suspension an officer can request arbitration?

A

1-5 days

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7
Q

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

Shall
Should
May

A

Shall

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8
Q

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

A

Arbitration

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9
Q

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

A

Should

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10
Q

_________________ 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.

A

Progressive Discipline

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11
Q

What is the lowest level of discipline in an AA?

A

Formal Written Reprimand

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12
Q

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

A

5 years from the end of the calendar year

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13
Q

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

A

Should

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14
Q

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

A

Shall

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15
Q

Two types of criminal investigations?

A

Concurrent and consecutive.

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16
Q

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

A

No

17
Q

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

A

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

18
Q

Can an AA be reopened after the one year mark?

A

Yes, when significant evidence has been located.

19
Q

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

A

Should

20
Q

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

A

Adverse Action

21
Q

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.

A

True

22
Q

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.”

A

True

23
Q

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

A

5, resignation

24
Q

All administrative interrogations shall or should be audio recorded.

Shall

Should

A

shall

25
Q

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

A

Memoranda of Direction (MOD)

26
Q

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

A

Coleman Hearing.

27
Q

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

A

Formal written reprimand

28
Q

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.

A

True

29
Q

Miranda warnings ________be given when an employing agency is conducting a criminal investigation on one of its employees:

Should

May

Shall

Should not

A

shall

30
Q

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

A

Skelly hearing

31
Q

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

A

Cadets

32
Q

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)

A

Bagaining Unit 5 members only (officers and sergeants)

33
Q
A