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Exam > HPM 10.2 > Flashcards

HPM 10.2 Flashcards

1
Q

When a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command shall be made as soon as it is practical. If the alleged misconduct is egregious, the supervisor or manager shall make _________ notification to the succeeding level in the chain of command.

A

immediate

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2
Q

If an internal investigation appears appropriate, the commander shall discuss the allegations with the assistant chief in the commander’s immediate chain of
command. With _________ concurrence, an internal investigation shall be initiated.

A

Division

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3
Q

Upon initiation of an internal investigation, Division should/shall notify the appropriate Assistant Commissioner. The Office of Internal Affairs (OIA) shall also be notified for tracking purposes.

A

shall

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4
Q

Divisions may implement procedures to permit commands to notify OIA directly, although an investigation control number must still be obtained from the respective Division. Notifications shall include the following information:

A

(1) The investigation control number.
(2) Name, rank, and identification number of the employee(s) involved.
(3) Date(s) of the alleged incident, the date the Area became aware of the misconduct, and the date the investigation is due to OIA.
(4) If rejection during probation is being considered, the date the employee’s probation ends shall also be included.
(5) Brief summary of the alleged misconduct or substandard performance.

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5
Q

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:

A 
1 Involuntary transfer.
2.Formal written reprimand.
3 Salary Reduction.
4 Suspension.
5 Demotion.
6 Dismissal.
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6
Q

Once initiated, an administrative investigation has four possible outcomes:

A
  1. Rejection During Probation.
  2. Adverse Action.
  3. Misc. Investigation.
  4. Non-Punitive Termination.
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7
Q

All criminal acts by non-uniformed employees, either on or off duty, which constitute a ______ or crime of moral turpitude.

A

felony

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8
Q

In cases of minor discipline (1 - 5 working day suspension), a Bargaining Unit 5 employee who is not satisfied with the decision rendered in the predisciplinary hearing may, through the appropriate collective bargaining unit, submit a request for __________.

A

arbitration

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9
Q

Absence for five consecutive working days (whether the absence was voluntary or involuntary) is considered an automatic ___________ from state service, effective the last day the employee worked.

A

resignation

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10
Q

The Bazemore admonition shall be included in
all Memoranda of Direction (MODs) which are counseling or remedial in nature. The Bazemore admonition should/shall be stated verbatim.

A

shall

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11
Q

CHP 2, Incident Report. A CHP 2 should/shall not be issued if adverse action will be taken against the employee for the same acts.

A

shall not

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12
Q

Closing documentation is:

A

Notice of Adverse Action
Memorandum of Findings
MOD
CHP 2

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13
Q

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:

A

Coleman Hearing.

The AWOL notice is to be sent by overnight mail, not certified mail. This should be supported by a Proof of Service by Mail (Annex D). Upon mailing the AWOL notice, a copy of both the notice and the Proof of Service by Mail should be sent to the Office of Internal Affairs (OIA) and HRS. Service is effective 5 calendar days after the postmark date for addresses within California, 10 days after the postmark for addresses outside California but within the United States, and 20 days after the postmark for addresses outside the United States. The notice must be sent to the employee’s last known place of residence. If the notice is returned as undeliverable, the notice shall be placed in the employee’s personnel file to verify the attempt to contact the employee.

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14
Q

Dismissal Review Panel. A panel consisting of ____ members who are convened at the request of the Commissioner or Deputy Commissioner after the
review process of an internal investigation has been completed.

A

five

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15
Q

_____ __ _______ has previously been referred to as Administrative Time Off (ATO). Approval must be obtained, through channels, from the appropriate Assistant Commissioner prior to placing an employee on a leave of absence.

A

Leave of Absence

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16
Q

The 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:

A

Lybarger Admonishment

Any statement made during an administrative interrogation cannot be used in a subsequent
criminal proceeding.

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17
Q

Notice of Administrative Interrogation. The notice is

usually given by memorandum from the employee’s commander, but may be delivered verbally under _______ circumstances.

A

exigent

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18
Q

Stipulated agreements are completed by the ______ __ _____ _______ and approved by the Commissioner or the Deputy Commissioner.

A

Office of Legal Affairs

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19
Q

What are the 8 spokes on the Wheel of Discipline?

A
  1. Verbal Counseling
  2. 100/112 Comment, MOC
  3. MOD
  4. CHP 2
  5. Denial of Salary Adj. or Rate Change
  6. Interim Reporting
  7. RDP
  8. Adverse Action
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20
Q

Corrective actions may be initiated by a supervisor, but

are usually prepared with the concurrence and approval of the commander. True or False.

A

True

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21
Q

MOC does not normally contain Bazemore.
MOD shall contain Bazemore.
CHP 2 shall/shall not contain Bazemore.

A

shall not

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22
Q

The six types of penalties for adverse actions are as

follows:

A 
Involuntary Transfer.
Formal Written Reprimand.
Salary Reduction.
Suspension.
Demotion.
Dismissal.
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23
Q

Nexus is established in the
following circumstances:
1. The act(s) occurred while the employee was on duty, regardless of
location or assignment.
2. All criminal acts by uniformed employees, either on or off duty.
3. All criminal acts by non-uniformed employees, either on or off duty, which
constitute a felony or crime of moral turpitude.
4. While off duty, an individual’s employment status is affirmatively
established by an overt act.
5.
6.

A
  1. Any off-duty misconduct with a clear connection to the employee’s continued ability to effectively perform the duties of the employee’s position.
  2. The misconduct is of such a nature that it could bring discredit to the Department.
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24
Q

Supervisors and managers are expected to ensure employees are informed of expectations via:

A
  1. Briefings
  2. Ride-alongs
  3. One-on-one discussions
  4. Training days
  5. Written acknowledgements of policy review
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25
Q

What is the center of the Wheel of Discipline?

A

Employee’s Behavior/Performance Deficiency

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26
Q

Examples of preventative actions include, but are not limited to, the following:

A
  1. Adequate ongoing training
  2. Clearly defined job duties, conduct, expectations, etc
  3. Positive and respectful workplace communication
  4. Provide routine feedback
  5. Fair and impartial supervision
  6. EAP referrals when appropriate
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27
Q

Corrective Actions. The following considerations should be evaluated prior to taking action:

A
  1. POBR, read and understand it.
  2. ID specific act/omission w/corresponding policy and law.
  3. Understand nature and extent of problem.
  4. Gather all facts.
  5. Discuss with employee before decision.
  6. Review personnel folder.
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28
Q

Corrective documentation can take the form of any of the following:

A

(a) Monthly evaluation comment (e.g., CHP 100, CHP 100PSD, CHP 112).
(b) Memorandum of Counseling.
(c) Memorandum of Direction
(d) Censurable CHP 2.

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29
Q

The following conditions must be met to establish cause:

A
  1. The rules or standards violated must bear a reasonable relationship to specific job and/or the goals and mission of the Department.
  2. Must have clear knowledge of the rules or standards charged with violating.
  3. The rules or standards must be equitably enforced.
  4. If from off-duty conduct, there must be a nexus between the misconduct and their position.
  5. Investigation must be thorough, impartial, and objective.
  6. Must have preponderance of evidence.
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30
Q

If the involved employee has __________ the responsible command shall retain the copies of the investigation until such time the employee is served with a Notice of Adverse Action.

A

transferred

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31
Q 
The commander (or designee) shall assign a
primary investigator in:
1. a timely manner
2. 5 work days
3. 10 calendar day from Area aware date
A
  1. a timely manner
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32
Q

To ensure impartiality, the assigned investigator should/shall not be a party or
witness to the incident(s) in question.

A

shall not

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33
Q

In complex cases where the investigations will exceed 60-days, the Division commander should contact the appropriate _________ ____________ to
request an extension.

A

Assistant Commissioner

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34
Q

Employees should/shall be informed of the availability of resources, such as Employee Assistance Program (EAP), at appropriate times during the
investigation.

A

shall

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35
Q

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

A

concurrent and consecutive.

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36
Q

Investigators must remain aware that when the Department is completing the criminal investigation, the one (1) year time limitation is/is not tolled as it would when an allied agency is conducting the investigation.

A

is not

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37
Q

Criminal Interrogations should/shall be conducted prior to the administrative interrogation if involving the same employee and the same act(s).

A

shall

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38
Q

To maintain the separation between investigations, criminal investigators should/shall not participate in administrative interrogations (although it may be permissible to assist in planning the interrogation).

A

shall not

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39
Q

Once the administrative interrogation has been conducted, the administrative and criminal investigators should/shall not have any further contact
regarding the investigation until all criminal aspects have been resolved.

A

shall not

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40
Q

In general, information gathered during either a criminal or administrative investigation may be included in the other investigation, as long as it was gathered from a source that both administrative and criminal investigators would have had:

A

legal access.

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41
Q

For uniformed employees, a copy of the criminal investigation and/or arrest record should/shall be included with the administrative investigation.

A

shall be

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42
Q

For non-uniformed employees, arrest reports which have not resulted in a conviction can/cannot be included in the investigative file (Labor Code § 432.7).

A

cannot

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43
Q

Allegations involving potential criminal misconduct by a non-uniformed employee shall be administratively investigated only under the following circumstances:

A
  1. Criminal misconduct which could lead to a felony conviction.
  2. Criminal misconduct constituting a misdemeanor involving moral turpitude.
  3. Criminal misconduct where the employee has established a nexus to the Department.
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44
Q

The decision (whether criminal charges are filed or rejected by the prosecuting authority) shall be documented in the administrative investigation file, listing the name of the person authorizing or rejecting criminal prosecution, as well as the:

A

date the case was referred to the prosecuting authority.

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45
Q

Adverse Action One-Year Timeframe. Exceptions:

A
  1. Pending criminal investigation (shall toll the 1 yr time)
  2. Employee waives in writing.
  3. Multi-jurisdictional investigation.
  4. Multiple employees
  5. Incapacitated, unavailable (military leave, extended vacation, medical “stay away” orders, etc.)
  6. Civil litigation and employee is defendant.
  7. Involves a matter under criminal investigation and
    prosecution, and the complainant is a criminal defendant.
  8. Involves an allegation of workers’ compensation fraud by
    the employee.
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46
Q

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

A
  1. 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.
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47
Q

In accordance with GC § 3300 et seq, adverse actions based on fraud, embezzlement, or falsification of records is valid provided the employee was served the notice of adverse action within one (1) year of the Department’s discovery of the misconduct. True or false?

A

True

48
Q

A probationary employee must be served with a
notice of rejection during probation prior to the last day of the probationary period, allowing time for the predisciplinary hearing. True or false?

A

True

49
Q

The employee’s home address or photograph should/shall not be given to the press or news media without the employee’s consent (GC § 3303[e]).

A

shall not

50
Q

Can the Department release residence information or photographs to the media if the employee is criminally prosecuted?

A

No

51
Q

When an employee is placed on a leave of absence, OIA shall be notified by electronic mail, OIA Notification@chp.ca.gov, with a copy to Human Resources Section at PTU@chp.ca.gov. The leave of absence notification shall contain the following:

A
  1. Name, rank, and identification number of the employee placed on the leave of absence.
  2. Assigned command of the employee being placed on the leave of absence.
  3. Date and time the employee was placed on the leave of absence.
  4. Whether the leave of absence is paid or unpaid.
52
Q

When an employee is placed on a leave of absence without pay, the investigation must be completed,
reviewed, and the employee served with the notice of adverse action within:

A

15 calendar days.

53
Q

A Department-initiated leave of absence may be terminated at any time by providing the employee
with __ _____ notice.

A

48 hours

54
Q

A commander who wishes to have an employee’s peace officer powers reinstated shall obtain approval
through channels from the appropriate _________ ____________.

A

Assistant Commissioner.

55
Q

Is a Notice to Employee of Internal Investigation mandatory?.

A

No, the notice is entirely optional and should

not be used in instances where, for investigatory reasons, it is not desirable to have the employee notified.

56
Q

If an internal investigation of misconduct has been initiated prior to an employee being terminated for being AWOL, the investigation should/shall be completed and documented in accordance with Chapter 7 of this manual, Investigative Documentation.

A

shall

57
Q

When the commander believes an employee should be relieved of a current assignment, and with the concurrence of the next level of command, the employee may be reassigned. The employee should/shall be provided with alternative duties which do not involve working out of class.

A

should

58
Q

The chronological summary shall be completed by the investigator and include the following language as the final entry:
“I have used all reasonable diligence in preparing this investigation. Tothe best of my knowledge, the information contained herein is a true and complete representation of my investigative efforts and includes allinformation.” True or False?

A

True

59
Q

Items to consider when planning an investigation should include:

A

(1) Allegations/Scope.
(2) Background.
(3) Resources Needed.
(4) Evidence.
(5) Interviews/Interrogations.
(6) Administrative Matters.

60
Q

Tabbed exhibits shall be arranged in the order the investigator specified in the “List of Exhibits.” Should/shall not include a CHP 268, Potential Civil Litigation Report,
as an exhibit.

A

Shall not.

DO NOT include a CHP 268, Potential Civil Litigation Report, as an exhibit.

61
Q

MVARS event recordings may be viewed limited to the following threshold incidents:

A
  1. A member of the Department is severely
    injured or killed during the performance of their duties.
  2. Use of force which result in the death or severe
    injury to a suspect or bystander.
  3. In-custody death.
  4. A patrol vehicle collision which results in
    death or severe injury to a party or both parties, other than a member of the Department, when the liability appears to be that of the Department.
  5. Any pursuit involving departmental participation.
  6. When any member of the Department intentionally or accidentally discharges a firearm at a person regardless whether an individual is struck.
  7. When any member of the Department intentionally or accidentally discharges a Conductive Energy Weapon at a person who is subsequently struck. This would include the application of a “drive stun.”
  8. Any event causing a CHP 268, Potential Civil Litigation Report, or a STD 270, Vehicle Accident Report, to be prepared due to a severe injury to any party.
62
Q

Managers, supervisors, or other authorized personnel may only review non-threshold event video
recordings under the following circumstances:
1 Anytime an employee responsible for the MVARS event recording voluntarily agrees to the viewing.
2 Prior to the approved release of the recording outside the Department in response to a legal request (e.g., Public Records Act request, Information Practices Act request, formal or informaldiscovery request).
3.

A

3 For the purposes of proving or disproving specific allegations of misconduct.

63
Q

In circumstances where there is a need to review recorded event video not covered above, the ________ commander’s approval shall be obtained and the ___ shall be notified.

A

Division

OER

64
Q

A medical release is/is not necessary for medical records contained within the employee’s personnel file or as a part of a work-related injury/illness.

A

is not

65
Q

Peace Officer. Any records of arrest or detention, which have not resulted in conviction, may/may not be used as the sole criteria for administrative action.

A

may not; rather, they should be utilized as a starting point for the investigation.

66
Q

Labor Code § 432.7 prohibits/allows investigators from
seeking or requesting copies of records pertaining to the arrest or detention of non-uniformed employees prior to conviction, or any record regarding a referral to, and participation in, any pretrial or post-trial
diversion program.

A

PROHIBITS

67
Q

Private Records or Documents. When attempting
to obtain these documents, consider the following methods:
(a) Contact the custodian of records to attempt to obtain voluntary surrender of the document(s).
(b)
(c)

A

(b) When circumstances permit, seek cooperation from the involved employee to obtain a release for the desired document(s) from the custodian of records.
(c) The investigator may consider obtaining a departmental subpoena to compel production of the desired documents.

68
Q

Evidence pertaining to an administrative investigation shall be stored for a minimum of five years (beginning with: the date the investigation is initiated or the life of the investigative file, whichever is longer.)

A

the date the investigation is initiated or the life of the investigative file, whichever is longer.)

69
Q

An employee shall not have an assigned locker, or

other place for storage, which are owned or leased by the Department, searched unlesss:

A

(1) In the involved employee’s presence.
(2) With the involved employee’s consent.
(3) After a valid search warrant has been obtained. If requesting a search warrant, the appropriate prosecuting authority should be consulted after
notifying the appropriate Assistant Commissioner.
(4) When the involved employee has been notified that a search will be conducted. The employee should be provided a reasonable opportunity to respond to the Department’s search location and observe the search.

70
Q

In most instances, personal containers may/may not

be searched without a warrant or consent.

A

MAY NOT

71
Q

ADMINISTRATIVE SUBPOENAS. Commanders who are contemplating the use of an administrative subpoena shall contact ___ through channels for direction. Once an administrative subpoena is determined to be appropriate, ___ shall coordinate with the ______ __ ___ ___________ for approval.

A

OIA
OIA
Office of the Commissioner

72
Q

During the course of the investigation, an investigator may receive a request from a witness to remain confidential. 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:

A

cannot be honored.

73
Q 
Investigators should adhere to the following for all summaries:
1
2
3
4
A

(1) The summary must include all material presented. Do not prepare redacted or edited versions of summaries for use in specific investigation files.
(2) Include direct quotes when needed to clarify an important point or when establishing or refuting a key issue.
(3) Indicate who performed the summary.
(4) Write in third person.

74
Q

For the summaries of key witnesses, departmental or
otherwise, the investigator should/shall request the witness review and sign the summary
memorandum.

A

should

75
Q

For all dismissal cases, the employee’s interrogation should/shall be transcribed in its entirety.

A

shall

76
Q

Employees are/are not normally allowed representation during an investigative interview. Employees expressing concern should be advised that they are not suspected of misconduct and, if such issues arise, the interview will be stopped.

A

are not

77
Q

If an employee refuses to be interviewed, whether due to a perception of culpability or for any other reason, the investigator should/shall consult with the chain of command for guidance before ordering the employee to
comply.

A

should

78
Q

If, at any time during the interview, the investigator believes the employee is either admitting to actionable misconduct or is engaging in misconduct through failure to cooperate, the interview should/shall be immediately stopped to protect the employee’s rights.

A

shall

79
Q

To preclude improper sharing or contamination of the criminal investigation by the administrative investigation, investigators should/shall conduct any criminal interrogations prior to any administrative interrogations.

A

should

80
Q

Can the employee be subjected to any

departmental sanction for exercising the rights to not answer questions during a criminal interrogation?

A

No, the employee shall not be subjected to any

departmental sanction for exercising these rights.

81
Q

While criminal investigators may not participate in an

administrative interrogation, an administrative investigator should/shall observe the criminal interrogation.

A

should

82
Q

The involved employee should/shall be provided official notice of interrogation covering the full scope of questioning.

A

shall

83
Q 
Notice of Administrative Interrogation. 
Required Elements:
1
2
3
4
A
  1. Scope
  2. Name, Rank, and command of interrogators.
  3. Date, time, and place of interrogation.
  4. The right to representation.
84
Q

In most instances, it is reasonable to provide the employee __ _____ notice prior to an interrogation. However, there may be time-sensitive
investigations which require service less than 24 hours (or immediately prior to) the interrogation.

A

24 hours

85
Q

If, prior to or during the interrogation, information is
presented which suggests the employee subject to interrogation may be charged with a criminal offense, the employee shall be immediately informed of:
Miranda rights.

A

Miranda rights.

86
Q

All questions directed to the employee under investigation shall be asked by and through no more than ___ interrogators at one time.

A

two

87
Q

The intention of the martial privilege is to protect confidential communications between two individuals at the time they were in a marital relationship.
However, in accordance with the opinion of the Office of Attorney General for the State of California, the above marital privilege does/does not exist when both spouses are uniformed members of the Department.

A

DOES NOT

88
Q

The investigative summary shall include:

A
  1. A description of the basic facts
  2. How and when Department became aware of
  3. Commander initiating and date initiated
  4. Corresponding criminal investigation details and disposition thereof
  5. Numerical list of the allegations investigated
89
Q

Corrective documentation for a miscellaneous investigation shall be one of the following:
1
2
3

A

1 Censurable CHP 2,
2 Memorandum of Direction.
3 Memorandum of Findings.

90
Q

Employees covered under the Public Safety Officers Procedural Bill of Rights Act (POBR) have the right to submit a written response within __ days to any adverse comment entered into the employee’s personnel file, including a censurable CHP 2,
Memorandum of Direction, or Memorandum of Findings.

A

30

91
Q

The date the file is sent to Division should/shall be recorded in the appropriate section of the CHP 7.
A copy of the entire investigative file should/shall be retained at the command as a precaution against accidental loss.

A

shall

shall

92
Q

Upon receipt of the approved investigation
file from Division, the command shall prepare five (5) total copies (the original plus four (4) copies) and distribute according to the following:

A

(1) Original and one (1) copy forwarded to OIA.
(2) One copy forwarded to Division, who will note the date sent on the CHP 7E for the date the investigation was forwarded to OIA. (use for skelly)
(3) One copy retained in initiating command’s master file.
(4) One copy retained in initiating command for later issuance to the involved employee.

93
Q

Division commander is the final level of approval for adverse action with a penalty of:

A

(a) Formal written reprimand.

(b) Suspension of one to five working days, or the equivalent monthly step reduction.

94
Q

Assistant Commissioner is the final level of approval for adverse action with a penalty of:

A

(a) Suspension of six (6) to 20 working days, or the equivalent monthly step reduction.
(b) Removal from a specialty pay position (Bargaining Unit 5 personnel).

95
Q

After review by the respective Assistant Commissioner (in the chain of command of the involved employee), the Commissioner or Deputy Commissioner is the final level of approval for:

A 
(a) Adverse action with a penalty of:
1 Dismissal.
2 Demotion.
3 Suspension in excess of 20 working days, or the equivalent
monthly step reduction.
(b) Rejection during probation.
(c) Non-punitive termination.
96
Q

If requested by the Commissioner or Deputy
Commissioner, after review and preliminary approval of the administrative investigation by the appropriate Assistant Commissioner, a _________ ______ _____
may be convened to review actions where dismissal is the recommended penalty.

A

dismissal review panel

97
Q

The effective date of the adverse action shall be no less than __ ________ days after the date of service of the notice.

A

25 calendar

98
Q

An employee must have __ or more working days (includes the usage of leave credits, compensated time off) in a monthly pay period to have a qualifying pay period.

A

11

99
Q

An employee must have ___ working day (includes the usage of leave credits, compensated time off) in a monthly pay period to qualify for paid medical benefits.

A

one

100
Q

For all managerial employees, the effective date of the adverse action shall be no less than __ ________ days from the date of service of the notice.

A

20 calendar

101
Q

Suspension times begin at the start of the employee’s assigned shift and end one (1) minute ______ that shift start time on the first day after the suspension period (which may be an RDO).

A

before

102
Q

An adverse action with a penalty of dismissal, a non-punitive termination, or rejection during probation shall become effective at ____ hours on the date specified:

A

1700

103
Q

For non-uniformed employees except managers, the

effective date is ____ ________ days after the last day of the PDH period.

A

five (5) business

104
Q

For uniformed employees (except managers), the effective date is ___ ________ days after the last day of the PDH period.

A

ten (10) business

105
Q

For managers, the effective date is ___ ________ days after the last day of the PDH period.

A

ten (10) calendar

106
Q

While on suspension, an officer is considered a departmental employee. However, should a process server attempt to serve a subpoena for an officer on suspension, the immediate superior or designated agent should/shall refuse to accept service of process in accordance with Penal Code § 1328(d).

A

should

107
Q

Upon approval, leave credits may be used to satisfy any adverse action penalty involving a suspension or step reduction, regardless of length. In exchange for approval of this request, the employee shall agree to: waive all rights to appeal the adverse action.

A

waive all rights to appeal the adverse action.

108
Q

The request to use leave credits shall be made by the

employee or representative prior to the conclusion of: the PDH period.

A

the PDH period.

109
Q

POBR Section 3303: Interrogation shall be conducted under the following conditions:

A
  1. Reasonable hour
  2. Name rank and command of the two officers asking questions.
  3. Informed of the nature of the investigation prior to the interrogation.
  4. Reasonable length, breaks as needed.
  5. No offensive language or threats. No press.
  6. Statements not admissible in civil precedings.
110
Q

POBR Section 3305. No public safety officer shall have any comment adverse to his interest entered in his personnel file, without the public safety officer having first read and signed the instrument containing the adverse comment indicating he is aware of such comment,

A

except that such entry may be made if after reading such instrument the public safety officer refuses to sign it. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such officer.

111
Q

POBR Section 3306. A public safety officer shall have __ days within which to file a written response to any adverse comment entered in the employees personnel file. Such written response shall be attached to, and shall accompany, the adverse comment.

A

30

112
Q

If, during a contact, information surfaces which indicates the employee is likely to be subject to an adverse action, the solicitation of information shall
immediately cease, and the employee should/shall be informed of the right to representation.

A

shall

113
Q

If a representative is requested, the meeting should/shall be postponed to allow the employee a reasonable opportunity to obtain representation.

A

should

114
Q

Subsequent to an interview, can an employee be directed to prepare a memorandum, after consulting or obtaining assistance from a representative,for the purpose of clarifying specific issues?

A

Yes

115
Q

After dismissing the employee’s rep for disruptive behavior, and all reasonable attempts have been made to obtain another to no avail, one may proceed with the interrogation as a last resort in a time-critical investigation. True or false.

A

True. If it is not practical to postpone the interrogation, the investigators should make reasonable attempts to obtain a representative for the employee, and
may proceed without one as a last resort in the most time-critical interrogations.

116
Q

The Upon service of the Notice of Adverse Action or other closing documentation, the case management forms (CHP 7F) are no longer needed and should/shall be destroyed by the Area command.

A

shall

Exam (16 decks)

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