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The Future > 10.2 - Internal investigaytion manual > Flashcards

10.2 - Internal investigaytion manual Flashcards

1
Q

(2) Managers and supervisors shall ensure all investigations are conducted in compliance with the provisions of _________ and protect the rights of employees.

A

Safety Officers Procedural Bill of Rights Act (POBR)

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2
Q

Absence for ____ consecutive working days (whether the absence was voluntary or involuntary) is considered an automatic resignation from state service, effective the last day the employee worked.

A

five

aka: AWOL

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3
Q

All administrative interrogations _____ be audio recorded.

A

shall

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4
Q

What admonition shall be included in all Memoranda of Direction (MODs) which are counseling or remedial in nature, shall be stated verbatim, and shall be included in all MODs

A

Bazemore admonition

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5
Q

A CHP 2 _________ be issued if adverse action will be taken against the employee for the same acts.

A

shall not

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6
Q

PROGRESSIVE DISCIPLINE: a. Supervisors and managers are expected to:

A

(1) Ensure employees are informed of expectations via briefings, ride-alongs, one-on-one discussions, training days, written acknowledgments of policy review, etc.
(2) Recognize those individuals who are meeting or exceeding standards by providing positive reinforcement and recognition, e.g., CHP 100 Form comments; commendable CHP 2, Incident Report, etc.

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7
Q

_______ counseling is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation.

A

Formal

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8
Q

What is the primary difference between formal and informal counseling?

A

After formal counseling, the employee receives some form of documentation (CHP 112) regarding the counseling session.

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9
Q

Corrective documentation can take the form of any of the following:

A
  • Monthly evaluation comment (e.g., CHP 100, CHP 100PSD, CHP 112).
  • Memorandum of Counseling.
  • Memorandum of Direction
  • Censurable CHP 2.
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10
Q

The censurable CHP 2 _____ contain the Bazemore Admonition.

A

shall not

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11
Q

The monthly evaluation comment ____ contain the Bazemore Admonition.

A

shall not

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12
Q

The memorandum of counseling (MOC) ______ contain the Bazemore Admonition.

A

does not normally

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13
Q

The monthly evaluation comment _____ contain the Bazemore Admonition.

A

shall not

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14
Q

When considering adverse action, all involved supervisors and managers should review ______ before proceeding.

A

Chapter 11 of HPM 10.2 - Internal investigation manual

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15
Q

If adverse action results from an employee’s off-duty conduct, there must be _____ between the misconduct and the employee’s position.

A

a rational relationship (nexus)

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16
Q

The six types of penalties for adverse actions are as follows:

A
  • Formal Written Reprimand.
  • Salary Reduction within Salary Range of the Class.
  • Suspension.
  • Involuntary Transfer. .
  • Demotion.
  • Dismissal from State Service.
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17
Q

In this method, the criminal investigation is conducted simultaneously with the administrative investigation by separate investigators.

A

Concurrent Investigation

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18
Q

. In this method, 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

A

Consecutive Investiqation

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19
Q

• To maintain the separation between investigations, criminal investigators _______ participate in administrative interrogations (although it may be permissible to assist in planning the interrogation).

A

shall not

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20
Q

• Once the administrative interrogation has been conducted, the administrative and criminal investigators _____ have any further contact regarding the investigation until all criminal aspects have been resolved.

A

shall not

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21
Q

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 ________

A

15 calendar days.

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22
Q

A Department-initiated leave of absence may be terminated at any time by providing the employee with _____ notice.

A

48 hours

23
Q

Lost or Damaged State Property. The reimbursement shall cover the _____ replacement or repair cost to the Department.

A

current

24
Q

The principal goal of all internal investigations is to objectively identify the facts regarding allegations of misconduct or substandard performance. For each allegation, the investigator must examine:

A

a. If the alleged act(s) or omissions actually occurred and what proof can be obtained.
b. What the employee specifically violated (Government Code, policy, etc).
c. What prior knowledge did the employee have that such conduct was not acceptable (through training, experience, prior progressive discipline, admission of knowledge, etc.).

25
Q

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 ______

A

Miscellaneous Investigation.

26
Q

Mobile Video/Audio Recording Svstem (MVARS). However, event recordings may be viewed limited to the following threshold incidents:

A
  • Any incident in which a member of the Department is severely injured or killed during the performance of their duties.
  • 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.
  • Any in-custody death.
  • 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.
  • Any pursuit involving departmental participation.
  • When any member of the Department intentionally or accidentally discharges a firearm at a person regardless whether an individual is struck.
  • 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.”
  • 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.
27
Q

. Managers, supervisors, or other authorized personnel may only review non-threshold event video recordings under the following circumstances:

A

Anytime an employee responsible for the MVARS event recording voluntarily agrees to the viewing.

Prior to the approved release of the recording outside the Department in response to a legal request (e.g., Public Records Act request, Information Practices Act request, formal or informal discovery request).

For the purposes of proving or disproving specific allegations of misconduct.

28
Q

In circumstances where there is a need to review recorded event video not covered , the Division commander’s approval ____ be obtained and the Office of Employee Relations shall be notified. Each circumstance will be evaluated on a case by case basis.

A

shall

29
Q

Evidence pertaining to an administrative investigation shall be stored for a minimum of _______ (beginning with the date the investigation is initiated or the life of the investigative file, whichever is longer.)

A

five years

30
Q

. An employee shall not have an assigned locker, or other place for storage, which are owned or leased by the Department, searched unless the search is conducted under any one of the following conditions:

A

(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 search warrant, 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.

31
Q

Due to the accused departmental employee’s right to review the allegation(s), as well as the right to prepare a potential defense, requests for witness confidentiality _____ be honored.

A

cannot

32
Q

Since employees are entitled to transcripts and/or recordings of an _____ interview or interrogation, problems can arise when multiple topics are discussed.

A

entire

33
Q

a. All statements from departmental employees who are interviewed as witnesses during internal investigations _____ be recorded. Prior approval to record a statement need not be obtained.

A

shall

34
Q

Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a _________

A

Miranda Warning

35
Q

If, at any time during the interview, the investigator believes the employee is either admitting to actionable misconduct or is engaging in misconduct through failure to cooperate, the interview _____ be immediately stopped to protect the employee’s rights. An administrative interrogation may then be required.

A

shall

36
Q

The involved employee ____ be provided official notice of interrogation covering the full scope of questioning

A

shall

37
Q

This closing correspondence shall be prepared by the investigating command and provided to the reporting employee within ______ of the administrative investigation being approved.

A

30 calendar days

38
Q

(o) The effective date of the adverse action shall be no less than_________ after the date of service of the notice.

A

25 calendar days

39
Q

The employee and employee’s representative shall be granted________ of state time to review the administrative investigation file and prepare a predisciplinary hearing (PDH) response.

A

four (4) hours

40
Q

IV. Per policy, the PDH period starts the day after the notice is served and ends at 1700 hours ____working days later for uniformed employees, and_____working days later for non-uniformed employees.

A

ten (10)

five (5)

41
Q

VI. If the notice is served by mail, the Area commander shall take into account ______ calendar days for delivery when designating the PDH period. If the address is out of state, _____ calendar days shall be added.

A

five (5)

ten (10)

42
Q

All administrative investigations shall be destroyed after a period of ______, commencing from the date the employee is served with the Notice of Adverse Action or the closing documentation.

A

five (5) years

43
Q

A notice involving disciplinary action against a peace officer is considered a confidential document which is not subject to disclosure under ________

A

California’s Public Records Act (PRA).

44
Q

Facts from a Notice of Adverse Action involving a __________may be released after service is made on the affected employee and the notice is filed with SPB. Notices involving ________ are strictly confidential and information may not be released to anyone either verbally or in writing.

A

non-uniformed employee

peace officer

45
Q

While on suspension, an officer is considered a departmental employee. However, should a process server attempt to serve a subpoena for an officer on suspension, the immediate superior or designated agent _______ to accept service of process

A

should refuse

46
Q

An employee may file an appeal with the SPB Appeals Division no later than _________ after the effective date of a Notice of Adverse Action. When mailed, SPB uses the postmark as the filing date.

A

30 calendar days

47
Q

A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than ________ after the effective date of the rejection.

A

15 calendar days

48
Q

Bargaining Unit 5 and non- represented employees may appeal a minor discipline adverse action penalty by submitting a request for arbitration. The request must be submitted in writing to OIA within _______ of the date the PDH officer’s decision was received by the employee.

A

14 calendar days

49
Q

Failure of the appellant employee to appear for the hearing at the time and place designated by SPB shall be deemed a withdrawal of appeal, and the Department’s decision ______ be final.

A

shall

50
Q

If an employee separates from the Department during an administrative investigation, the file shall be converted to a_______ investigation.

A

miscellaneous

51
Q

It is improper for managers or supervisors to exert undue influence or subject an employee to duress with the intent of obtaining a _______

A

resignation.

52
Q

Investigations completed as either adverse actions or miscellaneous investigations must be tracked from:

A

inception to conclusion.

53
Q

Formal counseling is considered a routine business communication and, therefore, is not subject to the______ , nor is the employee entitled to ______.

A

grievance process

representation

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