10.2, Internal Investigations Flashcards
1
Q
What command at CHP Headquarters is the Department’s primary resource for guidance and assistance with the internal investigation process?
A
The Office of Internal Affairs
HPM 10.2, Chapter 1
2
Q
When a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, notification shall be made ____________. If the alleged misconduct is egregious, the supervisor or manager shall notify the succeeding level in the chain of command _____________.
A
as soon as practical; immediately
HPM 10.2, Chapter 1
3
Q
Managers and supervisors shall ensure all internal investigations are conducted in compliance with __________ and protect the rights of employees.
A
POBR
HPM 10.2, Chapter 1
4
Q
Employees must promptly obey any ______________ or directives from a supervisor, manager, or officer-in-charge.
A
lawful orders
HPM 10.2, Chapter 1
5
Q
Government Code Section 19173 provides the authority to reject a probationary employee for reasons relating to ____________.
A
1) the probationer’s qualifications
2) the good of the service
3) failure to demonstrate merit, efficiency, fitness, and moral responsibility
(HPM 10.2, Chapter 1)
6
Q
The terms and conditions for represented employees are found in _________________.
A
Collective Bargaining Agreements
HPM 10.2, Chapter 1
7
Q
A ________________ is a formal investigation into alleged violations of policy or procedures, or poor performance, resulting in either exoneration or administrative sanctions.
A
Internal investigation
HPM 10.2, Chapter 2
8
Q
What are the four possible outcomes from an administrative investigation?
A
1) Adverse action
2) Rejection during probation
3) Miscellaneous investigation
4) Non-punitive termination
(HPM 10.2, Chapter 2)
9
Q
The ____________ admonition notifies employees that misconduct they are being counseled for may be charged in future adverse actions.
A
Bazemore
HPM 10.2, Chapter 2
10
Q
The ____________ admonition advises the subject of an interrogation that he or she does not have the right to refuse to answer questions.
A
Lybarger
HPM 10.2, Chapter 2
11
Q
A memorandum issued to an employee to formally document supervisory counseling pertaining to misconduct, behavior, or poor performance is known as a ____________.
A
Memorandum of Counseling
HPM 10.2, Chapter 2
12
Q
A memorandum issued to an employee to document the findings of a miscellaneous investigation or civilian complaint is known as a _____________.
A
Memorandum of Finding
HPM 10.2, Chapter 2
13
Q
The _________________ established due process rights and protections for peace officers within California.
A
Public Safety Officers Procedural Bill of Rights Act
HPM 10.2, Chapter 2
14
Q
An action resulting in involuntary separation from state service, although not as a disciplinary measure, is known as _________________.
A
Non-Punitive Termination
HPM 10.2, Chapter 2
15
Q
The goal of _______________ is to provide the employee with tools and assistance to bring his or her performance up to an acceptable level.
A
Interim Reporting
HPM 10.2, Chapter 3
16
Q
Proactive steps that reduce or eliminate the need for corrective or adverse action are known as _____________.
A
Preventive actions
HPM 10.2, Chapter 3
17
Q
True or False: before a supervisor initiates corrective action, he or she must have the commander’s approval.
A
True
HPM 10.2, Chapter 3
18
Q
True or False: a Memorandum of Counseling normally contains the Bazemore Admonition.
A
False
HPM 10.2, Chapter 3
19
Q
True or False: a Memorandum of Direction shall contain the Bazemore Admonition.
A
True
HPM 10.2, Chapter 3
20
Q
What are the six possible penalties for adverse action?
A
1) Dismissal
2) Suspension
3) Demotion
4) Involuntary transfer
5) Reduction in pay
6) Formal Written Reprimand
(HPM 10.2, Chapter 3)
21
Q
What is the primary difference between formal and informal counseling?
A
Documentation (informal counseling is not documented)
HPM 10.2, Chapter 3
22
Q
What are the four types of corrective documentation?
A
1) Monthly evaluation comment
2) Memorandum of Counseling
3) Memorandum of Direction
4) Censurable CHP 2
(HPM 10.2, Chapter 3)
23
Q
A censurable CHP 2 will be retained in the personnel file for ______ years.
A
Three
HPM 10.2, Chapter 3
24
Q
When the administrative and criminal investigations are conducted at the same time, they are known as _____________ investigations.
A
Concurrent
HPM 10.2, Chapter 4
25
When the administrative and criminal investigations are conducted one after the other, they are known as _____________ investigations.
Consecutive
| HPM 10.2, Chapter 4
26
When an allegation(s) give rise to both administrative and criminal investigations, the ____________ investigation takes precedence.
Criminal
| HPM 10.2, Chapter 4
27
When a manager or supervisor becomes aware that an employee does not meet the minimum qualifications for his or her position, the manager or supervisor shall notify _____________.
The Area commander
| HPM 10.2, Chapter 4
28
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 _________ of the Department's discovery of the allegation by a person authorized to initiate an internal investigation.
1 year
| HPM 10.2, Chapter 4
29
If an allied agency with primary investigative authority relinquishes or declines to conduct a criminal investigation, ____________ shall initiate the criminal investigation.
The involved employee's commander
| HPM 10.2, Chapter 4
30
Civil rights violations are identified in federal statutes and are _____________ in nature.
criminal
| HPM 10.2, Chapter 4
31
True or False: during the early stages of an internal investigation, commanders may wish to notify an employee who is the subject of the investigation.
True
| HPM 10.2, Chapter 4
32
At the beginning of an internal investigation, a preliminary meeting shall be held with the commander to outline the proposed scope of the investigation and formulate a/an _______________.
Investigative plan
| HPM 10.2, Chapter 5
33
The ________________ is a detailed accounting of all actions taken and evidence obtained from the time the Area became aware of the misconduct until the investigation was completed.
Chronological summary
| HPM 10.2, Chapter 5
34
California Penal Code Section _______ makes it a misdemeanor offense for any person to knowingly alter, tamper with, conceal, or destroy relevant evidence in any disciplinary proceeding against a public safety officer for the purpose of harming that public safety officer.
PC Section 135.5
| HPM 10.2, Chapter 5
35
In order to ensure an investigation is conducted in accordance with policy and law, investigators should review what three things prior to beginning an investigation?
1) POBR
2) The OIA Intranet Web site
3) The contents of HPM 10.2
(HPM 10.2, Chapter 5)
36
True or False: if an employee separates from the Department during an investigation, the investigation shall be stopped and closed out as an incomplete investigation due to separation.
False (the investigation shall be completed in its entirety)
| HPM 10.2, Chapter 5
37
If, at the conclusion of an internal investigation, the actions of the employee(s) do not merit adverse action or rejection during probation, the investigative file shall be prepared as a/an __________________.
Miscellaneous investigation
| HPM 10.2, Chapter 5
38
After the initial meeting between the commander and the assigned investigator, what six considerations should be made when formulating an investigative plan.
1) Allegations/scope
2) Background
3) Resources needed
4) Evidence
5) Interviews/interrogations
6) Administrative matters
(HPM 10.2, Chapter 5)
39
___________ consists of testimony, writings, material objects, or anything presented to the senses and offered to prove or disprove a fact.
Evidence
| HPM 10.2, Chapter 5
40
Copies of relevant documents gathered during an internal investigation _____________ (should/shall) be included in the investigative file.
Shall
| HPM 10.2, Chapter 5
41
Should a CHP 268, Potential Civil Liability Report be included as an exhibit in an investigative file?
No (it is an attorney/client privileged document)
| HPM 10.2, Chapter 5
42
In an effort to collect facts and evidence, an investigator will review _____________ for evidence of prior misconduct or performance problems.
The employee's official personnel folder
| HPM 10.2, Chapter 5
43
Reviewing the employee's official personnel folder will assist with the preparation of the ________ form when documenting the investigation.
CHP 7B, Employee Profile
| HPM 10.2, Chapter 5
44
In cases where there is a large pool of potentially unidentified witnesses, the ____________ can be sent to individuals contacted by the involved employee.
Citizens' Response Questionnaire
| HPM 10.2, Chapter 5
45
Photocopies of photographs or Polaroid photos shall not be used in administrative investigations unless such material is ____________.
The best available evidence.
| HPM 10.2, Chapter 5
46
If unrelated conduct is discovered during the review of MVARS video, conduct not rising to the level of adverse action should be viewed as ____________.
A training opportunity
| HPM 10.2, Chapter 5
47
True or False: unrelated improper conduct discovered during the review of MVARS video shall not result in discipline, and shall only be handled informally through counseling.
False (serious misconduct may result in disciplinary action)
| HPM 10.2, Chapter 5
48
True or False: when obtaining medical records, it is permissible to include the entire record as an investigation exhibit.
False (only pertinent portions of medical records may be included)
(HPM 10.2, Chapter 5)
49
Requests for medical records for an internal investigation must comply with _____________.
HIPAA (Health Insurance Portability and Accountability Act)
| HPM 10.2, Chapter 5
50
Is a medical release required to obtain medical records contained within an employee's personnel file or related to a work-related injury/illness?
No
| HPM 10.2, Chapter 5
51
When a request is made for an employee's financial records related to an internal investigation, the employee will be directed to remove all references to _________.
Monetary amounts billed, charged, or paid.
| HPM 10.2, Chapter 5
52
True or False: Labor Code Section 432.7 allows investigators to request copies of records pertaining to the arrest or detention of peace officer employees prior to conviction.
True
| HPM 10.2, Chapter 5
53
True or False: Labor Code Section 432.7 allows investigators to request copies of records pertaining to the arrest or detention of non-uniformed employees prior to conviction.
False
| HPM 10.2, Chapter 5
54
When policy violations have been substantiated, investigators ___________ (should/shall) also contact the Office of Primary Interest to obtain and verify the version of policy in place at the time of the incident.
Shall
| HPM 10.2, Chapter 5
55
What are the four conditions under which an employee's assigned locker (or other place for storage) owned or leased by the Department may be searched?
1) In the employee's presence
2) With the employee's consent
3) With a valid search warrant
4) When the employee has been notified that the place will be searched and has been given a reasonable opportunity to respond and observe the search
(HPM 10.2, Chapter 5)
56
True or False: in most instances, when an employee's assigned locker/storage is being searched, personal containers stored inside may also be searched without a warrant or consent.
False (warrant or consent is required for those items)
| HPM 10.2, Chapter 5
57
A/an ___________ is a legal document utilized by the Department to compel the production of papers, books, accounts, documents, any writing as defined by Evidence Code Section 250, tangible things, and testimony pertinent or material to any inquiry, investigation, hearing, proceeding, or action conducted in any part of the state.
Administrative subpoena duces tecum
| HPM 10.2, Chapter 5
58
An employee's desk can normally be entered by a supervisor when looking for work product, except under what circumstance?
When there is a reasonable expectation of privacy, such as issuance of a key to the desk.
(HPM 10.2, Chapter 5)
59
Can statements obtained during an administrative investigation be included in or used to support a criminal investigation?
No
| HPM 10.2, Chapter 6
60
Can the Department honor requests for confidentiality from witnesses in administrative investigations?
No
| HPM 10.2, Chapter 6
61
All statements from departmental employees who are interviewed as witnesses during an internal investigation ____________ (should/shall) be recorded.
Shall
| HPM 10.2, Chapter 6
62
Video recordings of administrative interrogations shall not be made unless approved by _____________.
The Office of the Commissioner
| HPM 10.2, Chapter 6
63
A compact disc containing all interviews and/or interrogations __________ (should/shall) be booked into evidence.
Shall
| HPM 10.2, Chapter 6
64
All interviews and criminal and/or administrative interrogations shall be either summarized on a memorandum or ____________.
Transcribed
| HPM 10.2, Chapter 6
65
Transcripts of interviews/interrogations shall be verified by __________.
An investigator
| HPM 10.2, Chapter 6
66
Are departmental employees who are witnesses in an internal investigation entitled to know the nature of the investigation?
No
| HPM 10.2, Chapter 6
67
What shall the investigator do if, during an interview, an employee is either admitting to actionable misconduct or is engaging in misconduct through failure to cooperate?
The interview shall be stopped in order to protect the employee's rights.
(HPM 10.2, Chapter 6)
68
Is an interviewee permitted to refuse to answer questions during a criminal investigation?
Yes
| HPM 10.2, Chapter 6
69
When an employee is subject to criminal interrogation, he or she shall be admonished of _________ prior to any questioning.
Miranda rights
| HPM 10.2, Chapter 6
70
True or False: criminal investigators shall not participate in administrative interrogations.
True
| HPM 10.2, Chapter 6
71
Prior to an administrative interrogation, the involved employee shall be provided with _______ prior to questioning.
Notice of Interrogation, including full scope of questioning.
(HPM 10.2, Chapter 6)
72
True or False: the CHP 8, Notice of Administrative Interrogation, shall be read in its entirety while being recorded.
True
| HPM 10.2, Chapter 6
73
Should investigators comply with requests for disclosure of evidence to be used in an interrogation?
No
| HPM 10.2, Chapter 6
74
Does marital privilege apply when both spouses are uniformed members of the Department?
No
| HPM 10.2, Chapter 6
75
Internal investigations shall be typed and written in the _______ person.
Third
| HPM 10.2, Chapter 7
76
What form serves as the cover page for all administrative investigations?
CHP 7, Internal Investigation
| HPM 10.2, Chapter 7
77
What form documents basic information regarding involved parties specifically defined as witnesses, investigators not listed on the CHP 7, and employee representatives?
CHP 7A, Involved Parties
| HPM 10.2, Chapter 7
78
What form is a summary of the employee's employment history, including performance evaluations, commendations, progressive discipline actions, and other pertinent information?
CHP 7B, Employee Profile
79
What are the four subsections that comprise the investigation narrative?
1) Investigative Summary
2) Findings
3) Chronological Summary
4) Exhibits
(HPM 10.2, Chapter 7)
80
What is generally the final exhibit of a miscellaneous investigation?
Recommended closing action to the employee
| HPM 10.2, Chapter 7
81
A ______________ investigation either exonerates an employee or documents misconduct that does not warrant an adverse action or rejection during probation.
Miscellaneous Investigation
| HPM 10.2, Chapter 7
82
What are the three possible forms of closing documentation for a miscellaneous investigation?
1) Censurable CHP 2
2) Memorandum of Direction
3) Memorandum of Findings
(HPM 10.2, Chapter 7)
83
Government Code Section 3306 states that employees have the right to submit a written response within ______ days to any adverse comment entered into the employee's personnel file.
30 days
| HPM 10.2, Chapter 7
84
Closing correspondence shall be prepared by the investigating command and provided to the reporting employee within _______ days of the administrative investigation being approved.
30 days
| HPM 10.2, Chapter 7
85
The effective date of an adverse action shall be no fewer than _____ days after the date of service of the notice.
25 days
| HPM 10.2, Chapter 8
86
Suspensions shall be computed based on a/an _______ hour shift within a 24 hour workday.
8 hour shift
| HPM 10.2, Chapter 8
87
True or False: Suspension days (for uniformed employees) are to be scheduled consecutively, with no regular days off (RDOs) or holidays during the suspension period.
True
| HPM 10.2, Chapter 8
88
True or False: Suspensions shall not result in Fair Labor Standards Act (FLSA) overtime or positive excess hours.
True
| HPM 10.2, Chapter 8
89
An employee must have _____ working day(s) in a monthly pay period to qualify for medical benefits.
One working day (includes usage of leave credits/CTO)
| HPM 10.2, Chapter 8
90
Suspensions can be up to a maximum of ______ days.
42
| HPM 10.2, Chapter 8
91
The pre-disciplinary hearing period starts the day after the notice is served and ends at 1700 hours, ____ working days later for uniformed employees, and _____ working days for non-uniformed employees.
10 days (uniformed); 5 days (non-uniformed)
| HPM 10.2, Chapter 8
92
When shall the original Notice of Adverse Adverse action be served on the employee.
As soon as possible following receipt.
| HPM 10.2, Chapter 8
93
Service of the Notice of Adverse Action shall be made personally, unless under what circumstances?
1) Personal service is not possible
2) It is not in the best interest of the Department
(HPM 10.2, Chapter 8)
94
All administrative investigation shall be destroyed after ____ years, commencing from the date the employee is served with the Notice of Adverse Action or the closing documentation.
Five years;
| HPM 10.2, Chapter 8
95
Closing documentation issued to an employee as a result of a miscellaneous investigation shall be removed from the employee's personnel folder after a period of _____ years from the date of issuance.
Three years
| HPM 10.2, Chapter 8
96
A _________________ provides the affected employee with an opportunity to respond prior to the imposition of discipline.
Predisciplinary hearing
| HPM 10.2, Chapter 9
97
A _______________ is an informal review conducted by an impartial and disinterested representative of the appointing power as a response to AWOL proceedings.
Coleman hearing
| HPM 10.2, Chapter 9
98
When recording a predisciplinary hearing, it _______ (should/shall) be done with the employee's knowledge.
Shall
| HPM 10.2, Chapter 9
99
If an employee's response to a predisciplinary hearing is in writing, the predisciplinary hearing officer's written decision must be provided to the employee within ______ days of the receipt of the employee's response.
14 calendar days
| HPM 10.2, Chapter 9
100
If an employee's response to a predisciplinary hearing is verbal, the predisciplinary hearing officer's written decision must be provided to the employee within ______ days of the receipt of the hearing.
7 calendar days
| HPM 10.2, Chapter 9
101
True or False: uniformed employees who are subject of an adverse action may request a corresponding quantity of available leave credits be forfeited to satisfy an assessed penaly.
True
| HPM 10.2, Chapter 9
102
What form is used to request the use of leave credits to satisfy an adverse action penalty?
CHP 7D, Request to Use Leave Credits
| HPM 10.2, Chapter 9
103
An employee may file an appeal with the State Personnel Board no later than _____ days after the effective date of a Notice of Adverse Action.
30 calendar days
| HPM 10.2, Chapter 9
104
A rejected (probationary) employee may file an appeal with the State Personnel Board no later than ______ days after the effective date of a Notice of Adverse Action.
15 calendar days
| HPM 10.2, Chapter 9
105
What happens if an employee separates from the Department during an administrative investigation?
The file is converted into a miscellaneous investigation.
| HPM 10.2, Chapter 10
106
If an employee begins long-term military leave prior to the interview or interrogation of the employee or prior to service of the Notice of closing documentation _______ shall be contacted.
The Office of Internal Affairs
| HPM 10.2, Chapter 10
107
True or False: when an employee voluntarily resigns during an internal investigation, the resignation must be in writing.
False (it may also be verbal)
| HPM 10.2, Chapter 10
108
Should an investigation be cancelled or terminated if the involved employee separates from the Department prior to the investigation's conclusion?
No (it shall be completed)
| HPM 10.2, Chapter 10
109
Termination of an employee due to the employee's failure to meet the minimum qualifications for his or her job assignment is known as a/an __________________.
Non-punitive termination
| HPM 10.2, Chapter 10
110
True or False: public safety officers are permitted to seek election to, or serve as members of, a governing board of a school district.
True
| HPM 10.2, Chapter 11
111
When should an interrogation of an employee occur?
At a reasonable hour, preferably when the officer is on duty or during his/her normal waking hours.
(HPM 10.2, Chapter 11)
112
What shall an employee be informed of prior to an interrogation?
1) The name, rank, and command of the interrogator(s)
2) The nature (scope) of the investigation
(HPM 10.2, Chapter 11)
113
How many interrogators may question an employee during an administrative interrogation?
No more than two
| HPM 10.2, Chapter 11
114
Can a failure on the part of an employee to answer questions during an administrative interrogation lead to punitive action?
Yes
| HPM 10.2, Chapter 11
115
Can an officer under interrogation be subjected to visits by the press or news media without his or her express consent?
No
| HPM 10.2, Chapter 11
116
Can an officer's home address be given to the press or news media without his or her express consent?
No
| HPM 10.2, Chapter 11
117
Can an officer's photograph be given to the press or news media without his or her express consent?
No
| HPM 10.2, Chapter 11
118
Does an officer have a right to record his or her own administrative interrogation?
Yes
| HPM 10.2, Chapter 11
119
If, prior to or during an administrative interrogation, it is determined that the subject officer may be charged with a criminal offense, he or she shall immediately be informed of _____________.
His or her constitutional rights
| HPM 10.2, Chapter 11
120
The CHP extends POBR rights to all employees except _________.
Cadets
| HPM 10.2, Chapter 11
121
What persons are not permitted to act as an employee's representative during an administrative interrogation?
Victims, witnesses, or supervisors/managers within the employee's immediate chain of command.
(HPM 10.2, Chapter 11)
122
Does an officer have a right to inspect his or her own personnel file?
Yes
| HPM 10.2, Chapter 11
123
How long does an employer have to respond to an officer's request to remove a believed error in his or her personnel file?
30 calendar days
| HPM 10.2, Chapter 11
124
If an employer refuses to grant an officer's request to remove a believed error from his or her personnel file, what must the employer do?
State in writing the reasons for the refusal, and place the written statement in the officer's personnel file.
(HPM 10.2, Chapter 11)
125
Can a public safety officer be compelled to submit to a lie detector test?
No
| HPM 10.2, Chapter 11
126
Does a public safety officer have a right to representation during questioning in the normal course of duty, counseling, instruction, informal verbal admonishments, or other routine or unplanned contact with a supervisor or fellow employee?
No
| HPM 10.2, Chapter 11
127
Should an interrogation be postponed if the affected officer's chosen representative is unable or unwilling to attend the interrogation within a reasonable period of time?
No
| HPM 10.2, Chapter 11
128
During an administrative interrogation, should interrogators answer questions from the employee's representative?
No (shall not)
| HPM 10.2, Chapter 11
129
Is it possible for an investigative plan to change after the investigation has commenced?
Yes
| HPM 10.2, Chapter 12
130
Where shall an investigative file be kept?
In a secure location that is accessible to the investigator and the commander.
(HPM 10.2, Chapter 12)
131
Are internal investigation case management forms sent to Division when the case is forwarded for review?
No, these forms are designed to assist the Area command only.
(HPM 10.2, Chapter 12)
132
When are internal investigation case management forms destroyed.
Upon service of the Notice of Adverse Action or other closing documentation.
(HPM 10.2, Chapter 12)
