HPM 10.2

Question 1

By policy, the Department has extended POBR rights to all other employees with the exception of _________.

Answer 1

cadets

HPM 10.2, Internal Investigations Manual

Question 2

Once initiated, an administrative investigation has four possible outcomes:

Answer 2

1. Adverse action
2. Rejection During Probation
3. Miscellaneous Investigation
4. Non-Punitive Investigation

HPM 10.2, Internal Investigations Manual

Question 3

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:

Answer 3

1. Formal written reprimand.
2. Suspension.
3. Reduction in salary.
4. Demotion.
5. Involuntary transfer.
6. Dismissal.

HPM 10.2, Internal Investigations Manual

Question 4

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.

Answer 4

five

HPM 10.2, Internal Investigations Manual

Question 5

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_________________.

Answer 5

Coleman Hearing

HPM 10.2, Internal Investigations Manual

Question 6

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.

Answer 6

Bazemore

HPM 10.2, Internal Investigations Manual

Question 7

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.

Answer 7

Lybarger Admonishment

HPM 10.2, Internal Investigations Manual

Question 8

_____________ ______________ is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation.

Answer 8

Informal counseling

HPM 10.2, Internal Investigations Manual

Question 9

The primary difference between formal and informal counseling is __________________.

Answer 9

Documentation

HPM 10.2, Internal Investigations Manual

Question 10

The six types of penalties for adverse actions are as follows:

Answer 10

(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

Question 11

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.

Answer 11

60

HPM 10.2, Internal Investigations Manual

Question 12

There are two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation, _______________ and _______________.

Answer 12

concurrent and consecutive

HPM 10.2, Internal Investigations Manual

Question 13

Employees assigned to special programs that remove them from direct departmental supervision (e.g., drug/vehicle theft task forces) remain the responsibility of ____________________________.

Answer 13

the employee’s departmental commander.

HPM 10.2, Internal Investigations Manual

Question 14

An internal investigation of an employee may be reopened beyond the one- year time period if both of the following circumstances exist:

Answer 14

(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

Question 15

During the course of an investigation, allegations of discrimination, harassment, and/or racial profiling may be made or discovered. If this occurs ________________________________________.

Answer 15

A separate investigation, conducted concurrently or consecutively with the internal investigation, may be initiated.

HPM 10.2, Internal Investigations Manual

Question 16

Do NOT include a CHP 268, Potential Civil Litigation Report, as an ___________.

Answer 16

exhibit.

HPM 10.2, Internal Investigations Manual

Question 17

The Commissioner or Deputy Commissioner is the final level of approval for adverse action with a penalty of:

Answer 17

1. Dismissal.
2. Demotion.
3. Suspension in excess of 20 working days, or the equivalent monthly step reduction.
4. Rejection during probation.
5. Non-punitive termination.

HPM 10.2, Internal Investigations Manual

Question 18

All administrative investigations shall be destroyed after a period of _________________.

Answer 18

five (5) years.

HPM 10.2, Internal Investigations Manual

Question 19

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.

Answer 19

three (3) years

HPM 10.2, Internal Investigations Manual

Question 20

When potential criminal misconduct is identified, the commander shall ensure the appropriate ____________ and _____________ are notified.

Answer 20

Division Commander and OIA

HPM 10.2, Internal Investigations Manual

Question 21

A probationary employee must be served with a notice of rejection during probation ____________________________ allowing time for the pre-disciplinary hearing.

Answer 21

prior to the last day of the probationary period

HPM 10.2, Internal Investigations Manual

Question 22

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.

Answer 22

1. In the employees presence
2. With the employees consent
3. A search warrant has been obtained
4. 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

Question 23

In most instances, personal containers may not be searched without __________ or __________.

Answer 23

a warrant or consent.

HPM 10.2, Internal Investigations Manual

Question 24

Requests for witness confidentiality ________________.

Answer 24

cannot be honored.

HPM 10.2, Internal Investigations Manual

Question 25

An investigator shall not surreptitiously record, monitor, or eavesdrop on a departmental employee unless _____________________.

Answer 25

it is part of a criminal investigation.

HPM 10.2, Internal Investigations Manual

Question 26

Unless previously approved by _________________, video recordings shall not be made of Administrative interrogations.

Answer 26

Office of the Commissioner

HPM 10.2, Internal Investigations Manual

Question 27

All notices shall be served within _______________ of the Departments decision to impose discipline.

Answer 27

30 calendar days

HPM 10.2, Internal Investigations Manual

Question 28

Miscellaneous Investigations are not filed with SPB and, therefore, not subject to _________________.

Answer 28

public disclosure

HPM 10.2, Internal Investigations Manual

Question 29

An employee may file and appeal with SPB Appeals Division no later than ________________ after the effective date of a notice of a Adverse Action.

Answer 29

30 Calendar Days

HPM 10.2, Internal Investigations Manual

Question 30

A rejected, probationary employee may file an appeal with the SPB Appeals Division not later than ___________________ after the effective date of the rejection.

Answer 30

15 Calendar Days

HPM 10.2, Internal Investigations Manual

Question 31

In order to remove an employee from a special pay position, the employee must have _________________ issues.

Answer 31

performance related issues.

HPM 10.2, Internal Investigations Manual

Question 32

Requests for removal of peace officer powers shall be approved through _________________.

Answer 32

Asst. Commissioners Office

HPM 10.2, Internal Investigations Manual

Question 33

Minimum suspensions for a managerial position shall be no less than ______________.

Answer 33

5 days

HPM 10.2, Internal Investigations Manual

Question 34

Government Code ___________ pertains to rejection during probation.

Answer 34

19173 GC

HPM 10.2, Internal Investigations Manual

Question 35

The effective date of the adverse action for sergeants and officers shall be no less than _______________ after the date of service on the notice.

Answer 35

25 Calendar Days

HPM 10.2, Internal Investigations Manual

Question 36

The effective date of the adverse action for all managerial positions shall be no less than _______________ after the date of service on the notice.

Answer 36

20 Calendar Days

HPM 10.2, Internal Investigations Manual

Question 37

The authority to take adverse action or initiate a rejection during probation is vested with the appointing power, ________________.

Answer 37

The Commissioner

HPM 10.2, Internal Investigations Manual