HPM 10.2

Question 1

1. Administrative interrogations involve ¬¬¬¬_________ statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations shall not be used to support a criminal investigation.HPM 10.2, 6-3

Answer 1

1. Administrative interrogations involve compelled statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations shall not be used to support a criminal investigation.HPM 10.2, 6-3

Question 2

2. 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. HPM 10.2, 6-4

Answer 2

2. 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 cannot be honored. HPM 10.2, 6-4

Question 3

3. Unless previously approved by the Office of the Commissioner, video recordings _____ ___ be made of administrative interrogations. HPM 10.2 6-5

Answer 3

3. Unless previously approved by the Office of the Commissioner, video recordings shall not be made of administrative interrogations. HPM 10.2 6-5

Question 4

4. All interviews and criminal and/or administrative interrogations shall be either summarized on a memorandum or ¬¬__________. HPM 10.2, 6-5

Answer 4

4. All interviews and criminal and/or administrative interrogations shall be either summarized on a memorandum or transcribed. HPM 10.2, 6-5

Question 5

5. Since there is no interpretation or filtering (as in a summary), __________ offer the best record of an interview or interrogation. HPM 10.2, 6-6

Answer 5

5. Since there is no interpretation or filtering (as in a summary), transcripts offer the best record of an interview or interrogation. HPM 10.2, 6-6

Question 6

6. __________ shall be responsible for ensuring the accuracy of transcribed statements. HPM 10.2, 6-8

Answer 6

6. Commanders shall be responsible for ensuring the accuracy of transcribed statements. HPM 10.2, 6-8

Question 7

8. An administrative interrogation is a _________ statement. An employee refusing to answer questions or provide requested information can be deemed insubordinate. HPM 10.2, 6-13

Answer 7

8. An administrative interrogation is a compelled statement. An employee refusing to answer questions or provide requested information can be deemed insubordinate. HPM 10.2, 6-13

Question 8

7. Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a ¬¬¬_______ Warning to protect the employee’s rights (refer to Chapter 2, Terms and Definitions). HPM 10.2, 6-9

Answer 8

7. Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a Miranda Warning (Miranda v. Arizona [1966] 384 U.S. 436) to protect the employee’s rights (refer to Chapter 2, Terms and Definitions). HPM 10.2, 6-9

Question 9

9. The employee being interrogated ¬_____ have the right to bring a personal audio recording device and record any and all aspects of the interrogation. HPM 10.2, 6-13

Answer 9

9. The employee being interrogated shall have the right to bring a personal audio recording device and record any and all aspects of the interrogation. HPM 10.2, 6-13

Question 10

10. Only those adverse actions, which were served to the employee within ____ years can be added to the investigative file and included on the CHP 7B. HPM 10.2, 7-4

Answer 10

10. Only those adverse actions, which were served to the employee within five (5) years can be added to the investigative file and included on the CHP 7B. HPM 10.2, 7-4

Question 11

11. Only a Memorandum of Direction (MOD) received by the employee within the past _____ years, from the date the employee was served the MOD, can be included in the investigative file. HPM 10.2, 7-4

Answer 11

11. Only a Memorandum of Direction (MOD) received by the employee within the past three (3) years, from the date the employee was served the MOD, can be included in the investigative file. HPM 10.2, 7-4

Question 12

12. Once the ¬______________ investigation file is complete, the commander or assistant Division commander in charge of the investigation shall ensure the file is reviewed for accuracy and thoroughness prior to transmittal to the next level of review. HPM 10.2, 8-3

Answer 12

12. Once the administrative investigation file is complete, the commander or assistant Division commander in charge of the investigation shall ensure the file is reviewed for accuracy and thoroughness prior to transmittal to the next level of review. HPM 10.2, 8-3

Question 13

13. The ___ will analyze each case for legal sufficiency, compliance with departmental policy, and law (e.g., Public Safety Officers Procedural Bill of Rights [POBR]). HPM 10.2, 8-4

Answer 13

13. The OIA will analyze each case for legal sufficiency, compliance with departmental policy, and law (e.g., Public Safety Officers Procedural Bill of Rights [POBR]). HPM 10.2, 8-4

Question 14

14. All commands shall maintain a ___________in which all internal investigations of assigned personnel shall be stored. HPM 10.2, 8-14

Answer 14

14. All commands shall maintain a master file in which all internal investigations of assigned personnel shall be stored. HPM 10.2, 8-14

Question 15

15. All administrative investigations shall be destroyed after a period of ____ years, commencing from the date the employee is served with the Notice of Adverse Action or the closing documentation. HPM 10.2, 8-15

Answer 15

15. All administrative investigations shall be destroyed after a period of five (5) years, commencing from the date the employee is served with the Notice of Adverse Action or the closing documentation. HPM 10.2, 8-15

Question 16

16. A ____________________ provides the affected employee with an opportunity to respond prior to the effective date of an adverse action, rejection during probation, nonpunitive termination, or medical termination per Government Code Section 19253.5. HPM 10.2, 9-3

Answer 16

16. A predisciplinary hearing (PDH) provides the affected employee with an opportunity to respond prior to the effective date of an adverse action, rejection during probation, nonpunitive termination, or medical termination per Government Code Section 19253.5. HPM 10.2, 9-3

Question 17

17. Employees, excluding cadets, who are the subject of an _______ ______, may request a corresponding quantity of available leave credits be forfeited to satisfy an assessed penalty. HPM 10.2, 9-8

Answer 17

17. Employees, excluding cadets, who are the subject of an adverse action, may request a corresponding quantity of available leave credits be forfeited to satisfy an assessed penalty. HPM 10.2, 9-8

Question 18

18. The request to use leave credits shall be made by the employee prior to the conclusion of the ___ ______. HPM 10.2, 9-8

Answer 18

18. The request to use leave credits shall be made by the employee prior to the conclusion of the pre disciplinary hearing (PDH) period. HPM 10.2, 9-8

Question 19

19. An employee may file an appeal with the SPB Appeals Division no later than ¬¬__ calendar days after the effective date of a Notice of Adverse Action. HPM 10.2, 9-10

Answer 19

19. An employee may file an appeal with the SPB Appeals Division no later than 30 calendar days after the effective date of a Notice of Adverse Action. HPM 10.2, 9-10

Question 20

20. ______ _______ _____ is an automatic resignation from state service (Government Code [GC] Section 19996.2) which occurs when an employee is absent for five (5) or more consecutive working days, whether the absence is voluntary or involuntary. HPM 10.2, 10-4

Answer 20

20. Absent Without Leave (AWOL) is an automatic resignation from state service (Government Code [GC] Section 19996.2) which occurs when an employee is absent for five (5) or more consecutive working days, whether the absence is voluntary or involuntary. HPM 10.2, 10-4

Question 21

All instances of alleged misconduct by departmental employees ______ be investigated and, when appropriate, adverse action or rejection during probation initiated. HPM 10.2, 1-3

Answer 21

shall

Question 22

Government Code (GC) Section ______ provides the authority to reject a probationary employee for reasons relating to the probationer’s qualifications, the good of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility. HPM 10.2, 1-4

Answer 22

19173

Question 23

Employees ______ never obey orders they know, or reasonably should have known, would require them to commit reasonably apparent illegal acts. HPM 10.2, 1-5

Answer 23

Shall

Question 24

When a departmental supervisor or manager is notified or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command shall be made ______ ______ _____ . HPM 10.2, 1-5

Answer 24

As soon as it is practical.

Question 25

What is an official inquiry, utilizing departmental investigative resources, into alleged misconduct by a departmental employee(s). Internal investigations may lead to administrative action. HPM 10.2, 2-3

Answer 25

Internal Investigation

Question 26

What is a formal investigation into alleged criminal misconduct which may lead to exoneration or a recommendation of criminal prosecution, with concurrence of the Office of the Commissioner. HPM 10.2, 2-3

Answer 26

Criminal Investigation

Question 27

What is a formal investigation into alleged violations of policies, procedures, or poor performance. Administrative investigations may result in the employee being exonerated or subject to administrative sanctions specific to Section 19572 of the Government Code (GC). HPM 10.2, 2-3

Answer 27

Administrative Investigation

Question 28

Once initiated, an administrative investigation has four possible outcomes. Which is not one of the possible outcomes? HPM 10.2, 2-3,4 Adverse Action No Investigation Rejected During Probation Miscellaneous Investigation Nonpunitive Termination

Answer 28

No Investigation

Question 29

The Department shall only administratively investigate allegations of misconduct when there is a ______ between the act(s) and the individual’s employment with the Department. HPM 10.2, 2-4

Answer 29

nexus

Question 30

Which admonition shall be included in all Memoranda of Direction (MOD) which are counseling or remedial in nature? This admonition shall be stated verbatim. HPM 10.2, 2-8

Answer 30

Bazemore admonition

Question 31

Examples of corrective actions include the following, except: HPM 10.2, 3-6 Informal Counseling Formal Counseling Email Monthly Evaluation Comments Memorandum of Counseling Censurable CHP 2 Memorandum of Direction

Answer 31

Email

Question 32

Which of the following are not types of adverse actions? HPM 10.2, 3-9,10 Formal Written Reprimand Salary Reduction Suspension Shift Change Involuntary Transfer Demotion Dismissal

Answer 32

Shift Change

Question 33

Internal Investigations: Assigning an investigator. The assigned primary investigator shall be at least ______ rank higher than the highest-ranking involved employee, unless otherwise approved by the Division commander or appropriate Assistant Commissioner. HPM 10.2, 4-4

Answer 33

one

Question 34

Area and Division commanders shall ensure the investigation is forwarded to OIA within ______ calendar days from the date the Area becomes aware of the misconduct. HPM 10.2, 4-5

Answer 34

60

Question 35

Whenever any employee of this Department, including the employee subject to investigation, learns that another law enforcement agency is conducting an inquiry into allegations of criminal misconduct involving a member of the Department, when shall the employee notify a supervisor or manager? HPM 10.2, 4-5 Immediately Three business days Three calendar days Five business days Five calendar days

Answer 35

Immediately

Question 36

Concurrent Investigations: True or False: Although information gathered in a criminal investigation can be shared with the administrative investigator, only certain information gathered in the administrative investigation can be shared with or included in the criminal investigation.

Answer 36

True

Question 37

If a Department-initiated leave of absence extends past ______ calendar days, CalHR approval is required. HPM 10.2, 4-16

Answer 37

30

Question 38

To ensure an investigation is conducted in accordance with policy and law, investigators should review the Public Safety Officers Procedural Bill of Rights (POBR) Act, GC Section ______ . HPM 10.2, 5-5

Answer 38

19572