HPM 10.2

Question 1

POBR applies to?

Answer 1

all probationary and permanent employees who are peace officers. Per the commissioner, POBR is extended to include all employees except cadets.

Question 2

Adverse Action defined as?

Answer 2

dismissal, demotion, suspension, or other disciplinary action. DOES NOT INCLUDE FORM 2, MEMO OF CORRECTION OR OTHER COUNSELING DOCUMENTATION.

Question 3

Resignation of employee to who and how?

Answer 3

can only be accepted by commander. Suggest employee seek advice of union, family etc. prior to accepting a resignation. Allow a reasonable amount of time prior to accepting the resignation. Normally, 24 hours is sufficient. If employee insists, shall accept resignation

Question 4

Internal investigation conducted by?

Answer 4

primary investigator shall be at least one rank higher than involved employee.

Question 5

Interrogations of employees should/shall be tape recorded?

Answer 5

Shall be. If requested, employee shall be given a copy of tape. Employee is entitled to bring their own tape also.

Question 6

Civil rights investigations should/shall be tape recorded and who shall be present?

Answer 6

Shall be and supervisor shall be present.

Question 7

When and how should interrogations (Form 8) be conducted?

Answer 7

1. shall be at a reasonable hour, when employee is on duty. 2. Per CHP shall have only 2 departmental representatives present. 3. Employee shall be informed of nature of investigation prior to interrogation. 4. Shall advise employees of the name and rank of interrogator and nature of interrogation. 5. If employee may be subject to criminal charges, shall advise of Miranda rights.

Question 8

Does employee have a right to a rep when interrogated?

Answer 8

Yes if the investigation may lead to adverse action.

Question 9

Does the employee have a right to a rep for supervisory counseling sessions (100 forms, CHP 2’s, ETC…)

Answer 9

No, if conduct does not rise to the level of adverse action.

Question 10

Employee shall not have any negative comment entered in his/her personnel file without allowing the employee to first read and sign indicating they are aware of the document. Per Gov’t code, employee will have __ days to file a written response to anything negative.

Answer 10

30 days

Question 11

Can employee be subjected to a polygraph exam against their will?

Answer 11

Shall not

Question 12

Per POBR when can an employees locker be searched?

Answer 12

1) in his/her presence
2) with his/her consent
3) after obtaining a search warrant
4) Employee has been notified of the search and been given a reasonable amount of time to respond to the search location.

Question 13

What is the primary role of a rep during an interrogation?

Answer 13

To assure compliance with the POBR

Question 14

Do attorneys have any more rights then a union rep in an interrogation?

Answer 14

No

Question 15

Whenever a Unit 5 employee through neglect, or misuse, loses or damages departmental issues equipment, the Dept. may/may not allow the employee to reimburse the department at current replacement or repair cost?

Answer 15

MAY. If the employee agrees to do so, no adverse action shall be initiated.

Question 16

Bases for rejection will ALWAYS be Government Code Section?

Answer 16

Government Code Section 19173 (Misconduct or Incompetence)

Question 17

Who has final review of an AA with a penalty recommendation of 5 or less days or a step reduction in salary of 5 months or less?

Answer 17

Division

Question 18

In accordance with Government Code Section 19590, managerial
employees must be notified __ days prior to the effective date of the
adverse action, and allowed __ days to respond to the Predisciplinary
Hearing Officer.

Answer 18

20 / 10

Question 19

Appeals to a PDH Officer’s decision must be within __ calendar days.

Answer 19

14

Question 20

If employee requests meeting with Pre Disc Hearing Officer (Sector Chief), it shall take place within __ days of service of the final notice.

Answer 20

10

Question 21

A reasonable amount of time shall be given based on the length and
complexity of the investigation file. The employee must be allowed a minimum of __working days between service of the final notice of adverse action and the predisciplinary hearing date to respond to the Hearing Officer.

Answer 21

5

Question 22

With the exception of dismissals and rejections, the effective date of the
adverse action should be not less than __ calendar days from the date of
service.

Answer 22

25

Question 23

In accordance with Penal Code 832.5(b), copies of adverse action
investigative files shall be retained for __ years from the effective date of the action taken. All commanders shall establish procedures to ensure expired investigative files are purged in a timely manner.

Answer 23

5

Question 24

Requests for Adverse Action or Rejection During Probation shall
normally be prepared in

Answer 24

quintuplicate (one original and four copies).

Question 25

The Basis for Rejection will always be Government Code Section?

Answer 25

19173, whether the cause(s) for rejection is misconduct and/or incompetence.

Question 26

Termination of Leave of Absence. The commander may terminate the leave
by giving (how much?) notice in writing to the employee

Answer 26

48 hour

Question 27

For a leave exceeding __ working days, OIA, must obtain approval from ___, therefore the investigation shall be completed as expeditiously as possible.

Answer 27

30 / DPA

Question 28

Leave of Absence Without Pay is authorized; however it is discouraged and requires prior approval from?

Answer 28

ACF/ACS

Question 29

Commanders shall send a brief Comm Net, fax, or email describing the nature of the incident to Division. Division will notify Internal affairs or may implement procedures to permit commands to notify internal affairs directly. Notification shall include:

Answer 29

name, rank, and ID of the employee, 
Date of the alleged incident, 
date Area became aware 
date the investigation is due; 
and a brief summary of the misconduct.

Question 30

Area and Division commanders shall ensure that the investigation is forwarded to OIA within ___days from the date the Area became aware of the misconduct.

Answer 30

60

Question 31

Areas will provide updates to Division via Comm Net, fax, or email WHEN? and Divisions will notify OIA prior to WHEN?

Answer 31

1st of each month and the 5th of each month

Question 32

Witness’ full name, age, residence and business address, and telephone numbers are documented on the CHP 7, subject/witness summary. What else should be documented on the CHP 7?

Answer 32

A brief statement summarizing what the witness can testify to at a SPB hearing should also be included.

Question 33

Can employees be instructed, to provide tape recordings collected on duty.

Answer 33

Employees can be instructed, under penalty of insubordination, to provide tape recordings collected on duty. Managers and supervisors shall either copy the employee’s tape recording, or if acceptable to the employee, provide the employee with a copy.

Question 34

Is the Interrogation of the employee necessary in all cases.

Answer 34

No. When performed it should be conducted after gathering all other available information

Question 35

The administrative side of the CHP 8 should/shall be read prior to interrogating an employee on matters which could lead to adverse action.

Answer 35

shall

Question 36

The decision to consent to an interview with an outside investigator regarding civil rights investigation shall be at the discretion of?

Answer 36

at the sole discretion of the departmental employee

Question 37

If such an interview is conducted on state time who shall be present?

Answer 37

Department Supervisor

Question 38

Can overtime be used for an interrogation?

Answer 38

Usually no, however the use of overtime shall not preclude a timely interrogation.