10.2 Internal Investigation

Question 1

What Government code provides authority to REJECT probationary period?

Answer 1

Gov Code 19173

Question 2

All instances of alleged misconduct by departmental employees shall be investigated and, when appropriate, _____ ______ or _______ ______ _______ initiated.

Answer 2

adverse action or rejection during probation

Question 3

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, does the employee have to obey the last order? Is the employee held responsible?

Answer 3

yes, no

Question 4

By policy, the Department has extended Public Safety Officers Procedural Bill of Rights Act to all employees except ______

Answer 4

cadets

Question 5

If allege misconduct is brought to attention of a supervisor or manager, how soon should notification be made to chain of command? And if its egregious, how soon should notification be made?

Answer 5

as soon as practical, for egregious it should be immediately

Question 6

Once initiated, an administrative investigation has four possible outcomes, name all four.

Answer 6

• Adverse Action
• Rejection during Probation
• Miscellaneous Investigation
• Non-Punitive Termination

Question 7

An adverse action is defined as a disciplinary 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. What are the six penalties?

Answer 7

• Formal written reprimand
• Suspension
• Reduction in salary
• Demotion
• Involuntary transfer
• Dismissal

Question 8

The Department shall only investigate allegations of misconduct when there is a _____`

Answer 8

Nexus

Question 9

Absence for ___consecutive working days (whether the absence was voluntary or involuntary) is considered an automatic resignation from state service

Answer 9

5

Question 10

Which admonition shall be included in all MODs which are counseling or remedial in nature and shall be stated verbatim?

Answer 10

Bazemore admonition

Question 11

________ admonition is 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

Answer 11

Lybarger

Question 12

Corrective actions include counseling. What two types of counseling are available?

Answer 12

informal and formal

Question 13

In the progressive discipline process, name the forms of corrective documentation.

Answer 13

• Monthly evaluation comment (e.g., CHP 100, CHP 100 PSD, CHP 112)
• Memorandum of Counseling
• Memorandum of Direction
• Censurable CHP 2

Question 14

Name the six types of penalties for adverse actions.

Answer 14

• Formal written reprimand
• Salary reduction within salary range of the class
• Suspension, involuntary transfer
• Demotion
• Dismissal from state service

Question 15

When assigning a primary investigator for an internal investigation, what rank shall he/she be?

Answer 15

at least one rank higher than highest rank involved employee

Question 16

The primary advantage of _______ investigations is the administrative investigation can be completed more expeditiously. Efficiency is also enhanced since investigative resources can be shared when gathering evidence or conducting joint interviews

Answer 16

concurrent

Question 17

Allegations involving potential criminal misconduct by a non-uniformed employee shall be administratively investigated only under what circumstances (there are 3)?

Answer 17

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

Question 18

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 ____ year of the Department’s discovery of the allegation by a person authorized to initiate an internal investigation (typically a supervisor or above).

Answer 18

one

Question 19

When an employee is placed on a leave of absence without pay, the investigation must be completed, reviewed, and the employee served with the notice of adverse action within _____ _______ days.

Answer 19

15 calendar

Question 20

What form is used for internal investigations?

Answer 20

CHP 7

Question 21

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:

Answer 21

(a) Formal written reprimand.

(b) Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction.

Question 22

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

Answer 22

(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).

Question 23

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:

Answer 23

(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.
Page 8-5, 2.b.(3)(a)(b)(c)

Question 24

Formal Written Reprimand and Suspension (Officers and Sergeants). Enter the effective date(s) of the action based upon the following:

Answer 24

No less than 25 calendar days

Question 25

An adverse action with a penalty of dismissal, a non-punitive termination, or rejection during probation shall become effective at 1700 hours on the date specified: For uniformed employees (except managers), the effective date is _____ business days after the last day of the PDH period.

Answer 25

10

Question 26

Investigations which resulted in a formal written reprimand shall be retained for ____ years; however, a copy of the formal written reprimand shall be removed from the field personnel folder after a period of _____ years

Answer 26

5, 3

Question 27

Can a notice of disciplinary action against a peace officer be subject to disclosure via PRA?

Answer 27

No, its confidential

Question 28

Suspension of Six (6) Days or More. Employees may use leave credits to satisfy up to ____ ____ of the suspension period. Suspensions of 5 days or less can satisfy the entire suspension period.

Answer 28

one half

Question 29

An employee may file an appeal with the SPB Appeals Division no later than ____ calendar days after the effective date of a Notice of Adverse Action

Answer 29

30

Question 30

An probationary rejection employee may file an appeal with the SPB appeals no later than ____ calendar days.

Answer 30

15

Question 31

Short term military leave. If officer is deployed prior to interrogation, a memo will be send to employee advising the 1 year term will be tolled up. True or False

Answer 31

True

Question 32

Long Term military leave. If officer is deployed prior to interrogation. OIA shall be contacted for assistance. True or False

Answer 32

True

Question 33

Disability leave. If employee disability retires for temporary service, the investigation is terminated. True or false

Answer 33

False, the investigation continues and notice of adverse action is served

Question 34

What’s the maximum amount of interrogators permitted during an interrogation pursuant to gov code 3303?

Answer 34

two

Question 35

Can a public safety officer be compelled to a lie detector test against his/her own will?

Answer 35

no

Question 36

If an employee separates from the Department during an investigation, does the investigation need to be completed?

Answer 36

yes

Question 37

When conducting an investigation and compiling the report. Is the CHP 268 included as an exhibit?

Answer 37

No. Policy states Do NOT include a CHP 268.

Question 38

If there is potential for unidentified witnesses, what could be utilized to identify them?

Answer 38

Citizens’ Response Questionnaire

Question 39

Name 3 threshold incidents in which MVARS can be viewed. There are 8

Answer 39

1 Any incident in which a member of the Department is severely injured or killed during the performance of their duties.

2 Any incident involving the use of force by a member of the Department, including canines, which result in the death or severe injury to a suspect or bystander.

3 Any in-custody death.

4 Any incident involving a patrol vehicle collision which results in death or severe injury to a party or both parties, other than a member of the Department, when the liability appears to be that of the Department.

5 Any pursuit involving departmental participation.

6 When any member of the Department intentionally or accidentally discharges a firearm at a person regardless whether an individual is struck.

7 When any member of the Department intentionally or accidentally discharges a Conductive Energy Weapon at a person who is subsequently struck. This would include the application of a “drive stun.”

8 Any event causing a CHP 268, Potential Civil Litigation Report, or a STD 270, Vehicle Accident Report, to be prepared due to a severe injury to any party.

Question 40

What is the minimum retention of evidence for an administrative investigation?

Answer 40

five years

Question 41

Name one of four conditions when you can search an employees locker:

Answer 41

in the involved employee’s presence

with the involved employee’s consent

valid search warrant (prosecuting authority should be consulted after notifying appropriate Asst. Commissioner)

when the involved employee has been notified that a search will be conducted. employee should be provided a reasonable opportunity to respond and observe the search.

Question 42

If a non departmental witness objects to the interview being recorded, what shall the investigator do?

Answer 42

summarize statement in a memo

Question 43

An investigator shall not surreptitiously record, monitor, or eavesdrop on a departmental employee unless it is part of a criminal investigation. This restriction does not apply to recordings obtained from in-car camera systems, building security systems, etc. Prior approval to surreptitiously record a departmental employee shall be obtained from OIA. What is the case law?

Answer 43

Rattray vs City of National City

Question 44

Summarized witness statements shall be signed by who?

Answer 44

both investigator and witness

Question 45

Prior to conducting an interview with an employee

regarding potential criminal acts, investigators shall do what?

Answer 45

Miranda Warning (gov code 3303 (h))

Question 46

What is a lybarger warning?

Answer 46

Compelling an officer to answer questions with the promise the answers will not be used against him in criminal proceedings.

Question 47

The martial privilege does not apply if both are members of the department? True or false

Answer 47

True

Question 48

At the conclusion of each interview or

interrogation, _____ _____ shall be “directed” not to discuss its existence with any member of this Department,

Answer 48

Departmental employees

Question 49

_______ ______ shall be “requested” to not discuss the interview with others.

Answer 49

non-departmental interviewees