10.2 Internal Investigations Flashcards
What is the government code section that gives authority to reject during probation for the good of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility?
19173 GC
Who does POBR apply to?
Per GC all peace officers, per our policy it is extended to all employee’s except for CADETS
Who approves an internal investigation?
A commander w/ concurrence of assistant chief in chain of command.
What are the 4 possible outcomes of a administrative investigation?
1- Adverse Action- (Formal written reprimand, suspension, reduction in salary, demotion, involuntary transfer, dismissal)
2- Rejection during probation
3- Miscellaneous Investigation (exonerated, separates from service, or transfers to new agency)
4- non-punitive termination- (AWOL, medical disqualification)
What shall be done with all administrative interrogations?
They SHALL be recorded.
AWOL ?
Absence for 5 consecutive working days (whether voluntary or not) is considered an automatic resignation. Effective the last day the employee worked.
What is Bazemore admonition?
It is a case determined by SPB that requires employee’s be notified that misconduct for which they are being counseled on may be charges in a future adverse action if it contains the admonishment.
What form’s shall the Bazemore admonishment be included or not included in? Does it need to be worded verbatim?
Shall- MOD’s that are counseling in nature
Shall not- CHP FORM 2
Shall be worded verbatim
Can a CHP FORM 2 be issued for the same act if adverse action will be take against employee?
It SHALL not be issued for the same act
Leave of Absence is when an employee is directed to remain away from the work location during scheduled duty hours, either paid or unpaid. T OR F? Who must approve it?
T, shall be approved through channels by appropriate assistant commissioner prior to placing them on leave of absence.
What is a lybarger admonishment?
A admonishment given in admin interrogations. It compels the employee to answer questions. IF they refuse it will be deemed insubordination. Any statements cannot be used in criminal proceeding.
What is considered a minor discipline?
A penalty consisting of a 1-5 days suspension or equivalent step reduction in pay (5% for 5 months). applies to officer’s and sgts
Should a Miranda warning be given if it’s conducting a criminal investigation on one it’s employee’s?
It shall be given
Predisciplinary Hearing Process (formerly SKELLY) is what?
The process where an employee and rep have the right to present material to a impartial party after a notice of adverse action was or rejection form probation was served, prior to the penalty being imposed.
Who may approve removing an employee from a specialty pay position?
Appropriate assistant Commissioner
If adverse action is possible, what should you not do?
discuss the issue outside of an administrative interrogation
What are the 4 types of counseling that may happen with an employee
1- informal counseling (just meeting with employee to discuss misconduct or poor performance, routine duties, not subject to grievance process, and not entitled to rep) should be documented on 112
2- Formal Counseling (meeting with employee to discuss misconduct or poor performance, routine duties, not subject to grievance process, and not entitled to rep) the only difference is that the employee will receive some documentation. document on your 112, and their 100
3- corrective documentation (100, moc, mod, or CHP2)
4- Adverse action-
CHP 7E (Internal Investigation Control Log) Shall be maintained at division for ?
5 years from the end of the calendar year.
shall be in secure and confidential location
At what rank shall the primary investigator of an internal investigation be?
At least one rank higher than highest ranking employee.
Can the investigator be a witness to the incident?
no, shall not be
How long does area and division have to notify OIA after becoming aware of the misconduct?
within 60 days, if extension is needed appropriate assistant commissioner is contacted and requested.
What shall employee do if they find out they are being investigated by another agency?
they shall immediately notify there commander
What happens if the agency with primary investigative authority relinquishes or declines to conduct the investigation against our employee?
the area commander shall initiate the criminal investigation
If criminal interrogations are performed, when shall they be done?
prior to the administrative interrogation if involving the same employee or same acts.
Should a copy of criminal investigation be included into the administrative investigation?
uniformed it shall be included.
non- uniformed - it cannot be included unless they were convicted
Civil rights Investigations- Are Employees required to give interview? If it’s on state time who must be there and what must happen?
It is the sole discretion of the employee it give the interview. If they do it on state time, a supervisor shall be present and it shall be recorded.
If an employee is convicted of crime can they release residence info, or photos to the media?
NO shall not
Does a leave of absence also invoke a removal of peace officer powers?
YES it does, it shall be approved by the appropriate assistant commissioner first.
Who shall the department notify when an employee is placed on a leave of absence? What if over 30 days?
CalHR
if over 30 days Cal HR must give approval first
If employee is put on leave without pay ,how soon must the investigation be completed reviewed, and served with a notice of AA?
w/ 15 calendar days
Who shall received the original notice of leave of absence?
the employee
What shall be surrender to if peace officer powers are removed?
department issued id, keys, access cards. uniformed shall also surrender badges and officer safety equipment
Can a peace officer powers be removed without being put on a leave of absence? who must approve it?
Yes, w/ approval of appropriate assistant commissioner.
Examples- under investigation for a serious offense, but dismissal is not yet indicated
employee has temporary restraining order, EPO and they can’t posse a gun.
Psychological impairment
Do commanders have to notify when an internal investigation begins?
No it is not required.
Who shall be notified if a EEO allegation comes to light during an investigation?
OEEO
Can a 268 be included as an exhibit in an internal investigation?
no
Lie detector test, is it required, what happens if they refuse? Is approval needed to request it?
approval from officer of the commissioner is required to even ask it they will take it. Employee cannot be forced to take it. If they refuse, it can’t be mentioned anywhere or held against them.
What happens if evidence has to be destroyed or repaired in an internal investigation before adjudication?
The commander shall ensure that a notice of destruction/ repair is provide to the employee and the rep via memo. it shall be given within a enough time for them to inspect the item.
How long shall the evidence for an administrative investigation store for?
at least 5 years from date of investigation or life of investigation, whichever is longer.
When can an employees locker be searched?
1- when they are present
2- with their consent
3 - with search warrant
4- when they are they have been previously notified
Care shall be given to person items like purses, briefcases, that don’t involve work related misconduct.
Can officer’s desk be searched?
They can be entered by supervisor when looking for work product. if it’s locked, they have a reasonable expectation of privacy.
Can requests for confidentiality be granted for witnesses in internal investigations?
No, because of the accused employee’s right to review the allegations and the right to prepare a potential defense.
All statements from departmental employees who are interviewed as witness shall be recorded during internal investigations? T or F
True, shall
Should statements from non-departmental employee’s be recorded?
they should be, but if they object, a memo shall be prepared summarizing the statements
Can you video record internal interrogations?
shall not, unless previously approved by commissioner
Should interviews be transcribed or summarized?
All interviews and or/ interrogations shall either be summarized on memo or transcribed. If transcribed, a summary is not needed. If dismissal, the employee’s interrogation SHALL be transcribed.
All transcripts shall be verified by investigator. T or F
T, Shall
Statements of primary witnesses in serious cases are to be transcribed? t or f?
True-
in minor cases, a summary should suffice. Statements should be signed by witnesses
Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall???
Shall issue a Miranda warning
Do witnesses have a right to know the nature of the investigation?
No, employee’s who are witnesses do not have a right to know.
What form’s are read for a criminal interrogation? Administrative?
8 for admin
8a for criminal
If an employee has previously been interrogated, and another interrogation is going to be conducted, what does the employee have the right to?
He shall be given a copy of previous admin interrogation recording as well as transcripts prior to the next interrogation.
What is the reasonable time frame to inform an employee of an administrative interrogation?
24 hrs
Questioning guidelines that must be followed in an administrative interrogation (form 8)
Form 8 shall be read in it’s entirety while being recorded
only 2 investigators at a time
no offensive language may be used
no promises shall be made to employee
What is the rep’s purpose in an administrative interrogation?
At the conclusion of the interrogation, the red shall be allowed to ask employee clarifying questions, make clarifying statements, or suggest other employees who have knowledge of them.
What is a confidentiality order?
At the end of the interrogation (but while its still being recorded), the investigator shall advise the employee not to discuss the investigation or interrogation with anyone other than a rep, attorney, commander or investigators. violations are considered insubordination and could result in punitive action. Copies of recordings can’t be shared either. It’s in effect until investigation is concluded.
Does Marital privilege apply to administrative interrogations?
NO
Who has final authority for all administrative investigations?
Commissioner
Who is the final level of approval for AA w/ a penalty of:
1- formal written reprimand
2- Minor suspension (5 days or less, or 5% for months or less)
Division Commander
Who is the final level of approval for AA w/ a penalty of:
1- Suspension of 6-20 working days
2- Removal from specialty pay position
Appropriate assistant commissioner
Who is the final level of approval for AA w/ a penalty of: 1- Dismissal 2- Demotion 3- Suspension of 21 days or more 4- Rejection during probation 5- non- punitive termination
Commissioner or deputy commissioner
When shall the effective date of the suspension be after the notice of service?
no less than 25 days
How are suspensions computed? (HOURS)
8 hour days
How long can suspensions be?
Max of 42 days.
anything longer shall be coordinated by OIA and the office of the commissioner.
A notice of adverse action, noticed of rejection during probation, or notice of non-punitive action shall be served as soon as possible, but shall be served within?
30 calendar days of the departments decision to impose discipline.
How should the notice of adverse action be served?
In person, usually with a disinterested person.
How long will administrative investigations be retained?
what if a written reprimand is in the employee’s file?
5 years after employee is served
written reprimand shall be removed after 3 years.
Can release of adverse action information be made
After they are filed with SPB it can be for non-uniformed they can
uniformed they never can
Can employee’s resign, retire, or otherwise separate prior to the effective day of any punitive or non-punitive action?
YES then can
The PDH officer is usually what rank?
assistant chief or higher
Coleman Hearing?
Is similar to the PDH hearing, but it is for AWOL incidents.
PDH decision must be given within what time frame?
A written response by employee must be answered w/ 14 calendar days
A verbal response by the employee must be made w/ 7 calendar days
If an employee isn’t happy with the PDH decision , may he submit a request for arbitration?
Yes, if he doesn’t provide a response the Departments action will be final.
May a uniformed employee request leave credits be used to satisfy a penalty? If its granted, what is waived?
Yes, it may be requested, if its approved the employee shall agree to waive all rights to appeal the adverse action.
What are the limits for using leave credits for suspension time?
5 days or less is ok
more than 6 days, employee may only use leave credits up to 1/2 suspension time.
How long does an employee have to appeal with SPB division?
30 calendars days for regular AA
15 calendar days for rejection during probation
How long does an employee have to appeal a minor AA to arbitration?
Within 14 calendar days to OIA, after PDH officer’s decision was received by employee.
In the event that an employee fails to file an appeal or request arbitration within the time frames, what happens?
The department action is final
How long does an employee have to appeal PDH’s officers decision if they received a written reprimand?
Within 14 calendar days to OIA, after PDH officer’s decision was received by employee. The office of the commissioner will respond in writing to the employee within 14 days.
How many working days must be given before the effective date of a proposed aa, rejection during probation, demotion, transfer or non-punitive termination? How about medical termination?
At least WORKING 5
at least 15 calendar days
Is a verbal resignation binding?
yes
It is improper for managers or supervisors to exert undue influence or subject an employee to duress with the intent of obtaining a resignation. T or F
T, care should be taken to avoid this because it could be basis for an appeal by the employee.
The investigative file shall be kept at a secure location accessible to the investigator and commander at all times? T or F
True
What is the PDH time period for uniformed and non-uniformed employees?
Time starts the day after the notice is served.
10 days for uniformed
5 days for non- uniformed
