HPM 10.2

Question 1

In what code can you find POBR?

Answer 1

Government Code. Sections 3300-3312

Question 2

True or False – A peace officer shall be prohibited from serving as a member of the governing board of a school district.

Answer 2

False

Question 3

At what time shall an interrogation take place?

Answer 3

Preferably on-duty or during normal waking hours, unless the seriousness of the investigation requires otherwise.

Question 4

The employee under investigation shall be informed of what prior to interrogation?

Answer 4

Rank, name and command of officer in charge of interrogation, the interrogating officer and all other persons present. All questions asked by and through no more than two interrogators at one time.

Question 5

Can a public safety officer be ordered to cooperate with other agencies involved in a criminal investigation?

Answer 5

Yes. Failure to cooperate may lead to a charge of insubordination.

Question 6

How many days does an employee have to file a written response to any adverse comment entered in his personnel file?

Answer 6

30 days.

Question 7

Generally, no officer is required to disclose any financial records. What are the exceptions?

Answer 7

If such information is obtained or required under proper legal procedure or law. Can be done if an employee is applying for a specialized unit where there is a strong possibility of bribes or other improper inducements.

Question 8

When can a locker or other space of an employee be searched?

Answer 8

1. In his presence
2. Consent
3. Search Warrant
4. Has been notified

Question 9

If it is shown that an agency has “maliciously violated” the employees POBR rights “with the intent to injure the public safety officer” a civil penalty of up to $ _______ plus attorney fees can be assessed.

Answer 9

$25,000

Question 10

Who has final approval and authority for all adverse actions is the Commisioner. In most cases he will delegate the final level of review as follows:

Answer 10

Divisions: Written reprimand to 5 days.
ACF: 6-20 Days, removal from specialty positions.
ACS: 6-20 days for HQ personnel and rejection during probation for cadets.
Comm/Dep. Comm: 20+days and dismissals, demotions, rejection during probation for non-cadets.

Question 11

Who is authorized to initiate and adverse action?

Answer 11

Commander or designee

Question 12

An adverse actions is ______(defined)?

Answer 12

Dismissal
Demotion
Suspension
Other disciplinary Action

Not a CHP 2, MOD or counseling

Question 13

Who can reject an employee during probation?

Answer 13

Commander or designee.

Question 14

Without an extension, the internal investigation should be completed and forwarded to OIA within ___ days?

Answer 14

60 calendar days

Question 15

If the commander feels a polygraph would be desirable during an investigation. He / she may submit a request. Who can approve the request?

Answer 15

Commissioner

No adverse comment can be made anywhere in the file if the employee refuses.

Question 16

If an interrogation is to take place and the employee refuses to waive his Miranda Rights, can an admin. Interrogation immediately take place?

Answer 16

It should not be conducted until approval is obtained from prosecutor.

Question 17

Can an employee be ordered to be interviewed by an outside agency for a civil rights violation (witness or suspect)?

Answer 17

No. The decision to be interviewed is at the sole discretion of the employee. If done during state time a supervisor will be present.

Question 18

What is a Miscellaneous Investigation?

Answer 18

Internal investigations which do not result in a recommendation for adverse action or rejection during probation.

Question 19

After approval, can an employee obtain a copy of the investigative file? If so, what is required?

Answer 19

Yes. A memo shall be attached admonishing the employee of confidentiality

Question 20

How long should a copy of the investigative file be retained in the areas file?

Answer 20

5 years unless employee resigns.

3 years in personnel file.