10.2 Internal Investigations Flashcards
What is the Departmental Policy in regards to internal investigations?
It is the policy of this department to fully investigate allegations of misconduct. Investigations of allegations shall be done thoroughly, objectively, and in a timely manner. Investigations shall be conducted in a manner which will ensure all applicable protections are afforded. Likewise, all employees will be treated professionally with dignity and respect.
Who does the POBR apply to?
By policy, the department has extended POBR rights to all employees with the exception of cadets.
What are the penalties that may be imposed as a result of an Adverse Action?
Formal written reprimand. Suspension. Reduction in salary. Demotion. Involuntary transfer. Dismissal.
What is a Miscellaneous Investigation?
And administrative investigation in which the employee is exonerated, separates from state service, transfers to a new agency, or the conduct does not warrant adverse action or rejection during probation.
What circumstances can establish a nexus to the Department?
1: On duty.
2: All criminal acts by uniformed employees on or off duty.
3: All criminal acts by non-uniform employees, either on or off duty which constitutes a felony or crime of moral turpitude.
4: While off duty, an individual’s employment status is affirmatively established by an overt act.
5: Any off duty misconduct with a clear connection to the employee’s continued ability to effectively perform the duties of the employees position.
6: The misconduct brings discredit to the Department.
What is the lowest level of adverse action?
Formal Written Reprimand.
Where is the authority in specific charging sections for taking adverse action against an employee found?
Government Code 19572.
What is the Lybarger Admonishment?
An admonishment 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.
What is the goal of progressive discipline?
Improving employee behavior and/or performance.
How long does the department have to complete an adverse action?
One year from the Department’s discovery of the allegations.
How long after the action (cause of discipline) does the Department have to serve the employee notice of adverse action?
Government Code 19635
3 years after the action. Fraud, embezzlement or falsification of records is valid provided the employee was served within one year of the Department’s discovery of misconduct.
Evidence pertaining to an administrative investigation shall be stored for a minimum of _________?
5 years
