HPM 10.2 (b) Internal Investigations Manual Flashcards
Who does the POBR apply to?
All permanent departmental peace officers. The Department has extended POBR rights to all employees except cadets.
Who has the final authority for up to, and including 5-day suspensions, or the equivalent number of monthly step reductions in salary for non-managerial employees.
Divisions.
Who has the final authority of six through 2-day suspensions, the equivalent number of monthly step reductions in salary or removal of bargaining Unit 5 personnel from specialty pay positions for field personnel?
Assistant Commissioner - Field.
Who has the final authority for review and approval of all actions recommending a penalty of six through 2-day suspensions, the equivalent number of monthly step reductions in salary for headquarters personnel and rejections during probation for cadets?
Assistant Commissioner – Staff.
Who is the final level of review for all suspensions in excess of 2 days, or the equivalent number of monthly step reductions, dismissals, demotions and rejections during probations – except rejections of cadet?
The Commissioner or Deputy Commissioner.
What is a Dismissal Review Panel?
If requested, it is a panel which reviews actions where dismissal is the recommended penalty. They determine if the allegation merit dismissal or a lesser punishment.
What is an adverse action?
Dismissal, demotion, suspension or other disciplinary action. It does not include censurable Form 2’s, MOD or other supervisory counseling.
Who is authorized to initiate an adverse action with the concurrence of the next level of command?
Any Commander or designee.
Who is authorized to initiate rejection during probation with the concurrence of the next level of command?
Any Commander or designee.
The Department must notify the Department of Personnel Administration (DPA) when an employee is placed on a Leave of Absence With Pay exceeding how many days?
Five.
Who makes that notification to DPA?
BIA.
BIA must receive approval from DPA for a Leave of Absence With Pay exceeding how many days?
3
Who has the authority to remove an officer’s peace officers power?
The appropriate Assistant Commissioner.
If an employee submits his/her resignation during probation and is under investigation for an adverse action or rejection during probation, does the investigation still need to be completed?
Yes.
If an employee is ready to retire or separate due to an injury, should an internal investigation be stopped?
No, a disciplinary action shall not be influenced by either factors.
When the commander of an employee determines an investigation is necessary, the commander shall send a brief Comm-Net, fax or e-mail to Division. Division is then required to inform whom?
IAS.
Within how many days are area and Division commanders required to forward an investigation to IAS?
6 days but can obtain an extension from the appropriate Assistant Commissioner.
How often are areas required to update Divisions on the status of ongoing investigations?
On the first of each month.
How often are Divisions required to update IAS on the status of ongoing investigations?
Prior to the 5th of each month.
During an investigation, the Commander shall ensure the primary investigator is at least one rank higher than the involved employee. Who is authorized to allow a deviation of this policy?
The Division Commander.
Whenever any employee of the Department learns that another agency is conducting any investigation involving departmental personnel, he/she shall immediately notify who?
His or her Commander.
Who is the Commander to notify?
IAS.
During an investigation when should witness be interviewed?
Immediately after the investigation is initiated.
Should witness interviews be done over the phone?
No, usually in person.