HPM 10.2 Flashcards
By policy, the Department has extended POBR rights to all other employees with the exception of _________.
cadets
HPM 10.2, Internal Investigations Manual
Once initiated, an administrative investigation has four possible outcomes:
- Adverse action
- Rejection During Probation
- Miscellaneous Investigation
- Non-Punitive Investigation
HPM 10.2, Internal Investigations Manual
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:
- Formal written reprimand.
- Suspension.
- Reduction in salary.
- Demotion.
- Involuntary transfer.
- Dismissal.
HPM 10.2, Internal Investigations Manual
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.
five
HPM 10.2, Internal Investigations Manual
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 is known as a_________________.
Coleman Hearing
HPM 10.2, Internal Investigations Manual
Employees shall be notified that misconduct for which they are being counseled may be charged in a future adverse action if the written document contains the _____________ admonition. Accordingly, the ____________ admonition shall be included in all Memoranda of Direction (MODs) which are counseling or remedial in nature.
Bazemore
HPM 10.2, Internal Investigations Manual
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. Failure to answer administrative questions will be deemed insubordination. Any statement made during an administrative interrogation cannot be used in a subsequent criminal proceeding.
Lybarger Admonishment
HPM 10.2, Internal Investigations Manual
_____________ ______________ is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation.
Informal counseling
HPM 10.2, Internal Investigations Manual
The primary difference between formal and informal counseling is __________________.
Documentation
HPM 10.2, Internal Investigations Manual
The six types of penalties for adverse actions are as follows:
(1) Formal Written Reprimand
(2) Salary Reduction within Salary Range of the Class
(3) Suspension
(4) Involuntary Transfer
(5) Demotion
(6) Dismissal from State Service
HPM 10.2, Internal Investigations Manual
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.
60
HPM 10.2, Internal Investigations Manual
There are two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation, _______________ and _______________.
concurrent and consecutive
HPM 10.2, Internal Investigations Manual
Employees assigned to special programs that remove them from direct departmental supervision (e.g., drug/vehicle theft task forces) remain the responsibility of ____________________________.
the employee’s departmental commander.
HPM 10.2, Internal Investigations Manual
An internal investigation of an employee may be reopened beyond the one- year time period if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation, and
(2) One of the following conditions exists:
(a) The evidence could not reasonably have been discovered without resorting to extraordinary measures by the Department.
(b) The evidence resulted from the employee’s predisciplinary hearing response or procedure.
HPM 10.2, Internal Investigations Manual
During the course of an investigation, allegations of discrimination, harassment, and/or racial profiling may be made or discovered. If this occurs ________________________________________.
A separate investigation, conducted concurrently or consecutively with the internal investigation, may be initiated.
HPM 10.2, Internal Investigations Manual
Do NOT include a CHP 268, Potential Civil Litigation Report, as an ___________.
exhibit.
HPM 10.2, Internal Investigations Manual
The Commissioner or Deputy Commissioner is the final level of approval for adverse action with a penalty of:
- Dismissal.
- Demotion.
- Suspension in excess of 20 working days, or the equivalent monthly step reduction.
- Rejection during probation.
- Non-punitive termination.
HPM 10.2, Internal Investigations Manual
All administrative investigations shall be destroyed after a period of _________________.
five (5) years.
HPM 10.2, Internal Investigations Manual
Investigations which resulted in a formal written reprimand shall be retained for five (5) years; however, a copy of the formal written reprimand shall be removed from the field personnel folder after a period of _____________________ from the date the employee was served with the Notice of Adverse Action.
three (3) years
HPM 10.2, Internal Investigations Manual
When potential criminal misconduct is identified, the commander shall ensure the appropriate ____________ and _____________ are notified.
Division Commander and OIA
HPM 10.2, Internal Investigations Manual
A probationary employee must be served with a notice of rejection during probation ____________________________ allowing time for the pre-disciplinary hearing.
prior to the last day of the probationary period
HPM 10.2, Internal Investigations Manual
An employee may 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:
1.
2.
3.
- In the employees presence
- With the employees consent
- A search warrant has been obtained
- When the invoked employee has been notified the search will be conducted. The employee should be given a reasonable opportunity to respond to observe the search.
HPM 10.2, Internal Investigations Manual
In most instances, personal containers may not be searched without __________ or __________.
a warrant or consent.
HPM 10.2, Internal Investigations Manual
Requests for witness confidentiality ________________.
cannot be honored.
HPM 10.2, Internal Investigations Manual
An investigator shall not surreptitiously record, monitor, or eavesdrop on a departmental employee unless _____________________.
it is part of a criminal investigation.
HPM 10.2, Internal Investigations Manual
Unless previously approved by _________________, video recordings shall not be made of Administrative interrogations.
Office of the Commissioner
HPM 10.2, Internal Investigations Manual
All notices shall be served within _______________ of the Departments decision to impose discipline.
30 calendar days
HPM 10.2, Internal Investigations Manual
Miscellaneous Investigations are not filed with SPB and, therefore, not subject to _________________.
public disclosure
HPM 10.2, Internal Investigations Manual
An employee may file and appeal with SPB Appeals Division no later than ________________ after the effective date of a notice of a Adverse Action.
30 Calendar Days
HPM 10.2, Internal Investigations Manual
A rejected, probationary employee may file an appeal with the SPB Appeals Division not later than ___________________ after the effective date of the rejection.
15 Calendar Days
HPM 10.2, Internal Investigations Manual
In order to remove an employee from a special pay position, the employee must have _________________ issues.
performance related issues.
HPM 10.2, Internal Investigations Manual
Requests for removal of peace officer powers shall be approved through _________________.
Asst. Commissioners Office
HPM 10.2, Internal Investigations Manual
Minimum suspensions for a managerial position shall be no less than ______________.
5 days
HPM 10.2, Internal Investigations Manual
Government Code ___________ pertains to rejection during probation.
19173 GC
HPM 10.2, Internal Investigations Manual
The effective date of the adverse action for sergeants and officers shall be no less than _______________ after the date of service on the notice.
25 Calendar Days
HPM 10.2, Internal Investigations Manual
The effective date of the adverse action for all managerial positions shall be no less than _______________ after the date of service on the notice.
20 Calendar Days
HPM 10.2, Internal Investigations Manual
The authority to take adverse action or initiate a rejection during probation is vested with the appointing power, ________________.
The Commissioner
HPM 10.2, Internal Investigations Manual
