10.2 internal investigations Flashcards
A minor discipline 1-5 day suspension can go through Arbitration. The process of resolving a dispute or grievance outside of the court system through an impartial third party.
True or false
True
Adverse action can lead up to one of the 6 consequences
Formal written reprimand. Suspension. Reduction in salary. Demotion. Involuntary transfer. Dismissal.
Types of progressive discipline
100 form comment Verbal counseling MOD Forum 2 Denial of salary or adjustment of rate Interim reporting Rejection during probation AA
6 penalties for AA
Formal Written Reprimand. Salary Reduction within Salary Range of the Class. Suspension Involuntary transfer Demotion Dismissal from State Service.
Potential for criminal shall notify assist commissioner or office of commissioner
Commissioner
An AA must be completed within 1, 2 or 3 years
1 year
Who gives approval In circumstances where there is a need to review recorded event video not covered, the Division commander’s, area commander assist commissioner approval shall be obtained and the Office of Employee Relations, assist commis office, commis office shall be notified
Division commander & office of employee relations
Evidence pertaining to an administrative investigation shall be stored for a minimum of five, seven or ten years (beginning with the date the investigation isinitiated or the life of the investigative file, whichever is longer.)
5 years
When are you permitted to search a wall locker?
(1) In the involved employee’s presence.
(2) With the involved employee’s consent.
(3) After a valid search warrant has been obtained. If requesting a searchwarrant, the appropriate prosecuting authority should be consulted after
notifying the appropriate Assistant Commissioner.
(4) When the involved employee has been notified that a search will be
conducted. The employee should be provided a reasonable opportunity to respond to the Department’s search location and observe the search.
Administrative investigation should give 12,24,48 hours notice prior to interrogation
24hrs
An An employee may file an appeal with the SPB AppealsDivision no later than 30 60, or 90 calendar days after the effective date of a Notice of Adverse Action.
30
By policy, the Department has extended POBR rights to all other employees with the exception of
Cadets
With Area, Division, Assist Commiss, Commissioner concurrence, an internal investigation shall be initiated.
Division
A disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conductestablished by law and/or departmental policy. Penalties consist of what 6
Reduction in pay Involuntary transfer Dismissal Written reprimand Reduction in rank Suspension
Bazemore —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.
True
Progressive discipline includes 8 options for supervisors..
Verbal counseling 100 comment memo of counseling MOD Censurable CHP2 Denial of salary/adjustment of rate Interim reporting Rejection during probation AA
Preventative actions:
Ongoing training
Clearly defined job duties, conduct, expectations, and objectives. Employees must know their job duties, the expected levels of conduct, and the performance standards
Ensure employees have positive and respectful workplace communicationwith the chain of command, peers, and subordinates.
Provide periodic and routine assessment and feedback of job performanceto all employees.
Provide fair, engaged, and impartial supervision.
Make referrals to the Employee Assistance Program (EAP) whenappropriate.
Area and Division commanders shall ensure the investigation is forwarded to OIA within 60, 90, 120 calendar days from the date the Area becomes aware of the misconduct
60 days
In complex cases where the investigations will exceed 60-days, the Area or Division commander should contact the appropriate Assistant Commissioner or Commissioner to request an extension.
Division assist commisss
Two ways to conduct a criminal investigation
Concurrent Investigation. In this method, the criminal investigation is conducted simultaneously with the administrative investigation by separate investigators.
And
Consecutive, the criminal investigation is completed and a decision (e.g., rejection or filing of charges) is made by the prosecuting authority prior to initiating the administrative investigation.
.
