HPM 10.2 Flashcards
Department Philosophy regarding Internal Investigations.
It is the policy of this Department to fully investigate allegations of misconduct, and when appropriate, adverse action or rejection during probation initiated. 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.
What Government Code gives us the legal authority for rejection during probation?
Government Code 19173
Who has the authority to take adverse action or rejection during probation.
is vested with the appointing power, the Commissioner
POBR
By law, POBR applies to all probationary and permanent departmental personnel who are peace officers. By policy, the Department has extended POBR rights to all other employees with the exception of cadets.
Notifications regarding misconduct:
When a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command shall be made as soon as it is practical. If the alleged misconduct is egregious, the supervisor or manager shall make immediate notification to the succeeding level in the chain of command.
If an internal investigation appears appropriate, the commander shall discuss the allegations with the assistant chief in the commander’s immediate chain of command. With Division concurrence, an internal investigation shall be initiated.
Upon initiation of an internal investigation, the Office of Internal Affairs (OIA) shall also be notified for tracking purposes.
Commanders shall make immediate notification to the appropriate Division and obtain an investigation control number. Division shall, in turn, make notification to OIA, but may implement procedures to permit commands to notify OIA directly.
Notifications shall include the following information:
(1) The investigation control number.
(2) Name, rank, and identification number of the employee(s) involved.
(3) Area aware date, and the date the investigation is due to OIA.
(4) If rejection during probation is being considered, the date the employee’s probation ends shall also be included.
(5) Brief summary of the alleged misconduct or substandard performance
Adverse Action. A disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conduct established by law and/or departmental policy. Penalties consist of:
1 Formal written reprimand.
2 Suspension.
3 Reduction in salary.
4 Demotion.
5 Involuntary transfer.
6 Dismissal.
What is a miscellaneous investigation?
An 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 are non-punitive Terminations?
Actions resulting in involuntary separation from state service, although not as a disciplinary measure. Examples include termination resulting from absence without leave, failure to meet minimum qualifications, and medical disqualification
AWOL?
5 or more consecutive days
What is Bazemore and what shall it be included in?
The Bazemore admonition states: “Your conduct on this occasion [these occasions] was unacceptable and will not be tolerated by this Department. If you engage in similar misconduct in the future, the Department may take adverse action against you based on the incident[s] cited in this documentation, as well as any future incidents.”
Shall be on MOD’s
What is a Coleman Hearing?
The process by which an employee who has resigned (by being absent without leave [AWOL]) has the opportunity to present information to an impartial and uninvolved departmental member with the authority to recommend a final disposition.
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.
Memorandum of Counseling?
Memorandum issued to an employee to formally document supervisory counseling pertaining to misconduct, behavior, or poor performance. An MOC should not contain Bazemore, although this is at the discretion of the commander.
Minor Discipline -
Discipline which involves a penalty consisting of a one to five working day(s) suspension or equivalent step-reduction in pay. Applies to Bargaining Unit 5 members only (officers and sergeants).
Reduction in Salary -
A percentage reduction in salary for a specified period of time or number of pay periods. A one month, 5 percent step reduction is financially equivalent to a one-working-day suspension.
