HPM 10.2 CH. 6-10

Question 1

1. Administrative interrogations involve ¬¬¬¬_________ statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations shall not be used to support a criminal investigation.HPM 10.2, 6-3

Answer 1

1. Administrative interrogations involve compelled statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations shall not be used to support a criminal investigation.HPM 10.2, 6-3

Question 2

2. 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 ______ be honored. HPM 10.2, 6-4

Answer 2

2. 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 cannot be honored. HPM 10.2, 6-4

Question 3

3. Unless previously approved by the Office of the Commissioner, video recordings _____ ___ be made of administrative interrogations. HPM 10.2 6-5

Answer 3

3. Unless previously approved by the Office of the Commissioner, video recordings shall not be made of administrative interrogations. HPM 10.2 6-5

Question 4

4. All interviews and criminal and/or administrative interrogations shall be either summarized on a memorandum or ¬¬__________. HPM 10.2, 6-5

Answer 4

4. All interviews and criminal and/or administrative interrogations shall be either summarized on a memorandum or transcribed. HPM 10.2, 6-5

Question 5

5. Since there is no interpretation or filtering (as in a summary), __________ offer the best record of an interview or interrogation. HPM 10.2, 6-6

Answer 5

5. Since there is no interpretation or filtering (as in a summary), transcripts offer the best record of an interview or interrogation. HPM 10.2, 6-6

Question 6

6. __________ shall be responsible for ensuring the accuracy of transcribed statements. HPM 10.2, 6-8

Answer 6

6. Commanders shall be responsible for ensuring the accuracy of transcribed statements. HPM 10.2, 6-8

Question 7

8. An administrative interrogation is a _________ statement. An employee refusing to answer questions or provide requested information can be deemed insubordinate. HPM 10.2, 6-13

Answer 7

8. An administrative interrogation is a compelled statement. An employee refusing to answer questions or provide requested information can be deemed insubordinate. HPM 10.2, 6-13

Question 8

7. Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a ¬¬¬_______ Warning to protect the employee’s rights (refer to Chapter 2, Terms and Definitions). HPM 10.2, 6-9

Answer 8

7. Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a Miranda Warning (Miranda v. Arizona [1966] 384 U.S. 436) to protect the employee’s rights (refer to Chapter 2, Terms and Definitions). HPM 10.2, 6-9

Question 9

9. The employee being interrogated ¬_____ have the right to bring a personal audio recording device and record any and all aspects of the interrogation. HPM 10.2, 6-13

Answer 9

9. The employee being interrogated shall have the right to bring a personal audio recording device and record any and all aspects of the interrogation. HPM 10.2, 6-13

Question 10

10. Only those adverse actions, which were served to the employee within ____ years can be added to the investigative file and included on the CHP 7B. HPM 10.2, 7-4

Answer 10

10. Only those adverse actions, which were served to the employee within five (5) years can be added to the investigative file and included on the CHP 7B. HPM 10.2, 7-4

Question 11

11. Only a Memorandum of Direction (MOD) received by the employee within the past _____ years, from the date the employee was served the MOD, can be included in the investigative file. HPM 10.2, 7-4

Answer 11

11. Only a Memorandum of Direction (MOD) received by the employee within the past three (3) years, from the date the employee was served the MOD, can be included in the investigative file. HPM 10.2, 7-4

Question 12

12. Once the ¬______________ investigation file is complete, the commander or assistant Division commander in charge of the investigation shall ensure the file is reviewed for accuracy and thoroughness prior to transmittal to the next level of review. HPM 10.2, 8-3

Answer 12

12. Once the administrative investigation file is complete, the commander or assistant Division commander in charge of the investigation shall ensure the file is reviewed for accuracy and thoroughness prior to transmittal to the next level of review. HPM 10.2, 8-3

Question 13

13. The ___ will analyze each case for legal sufficiency, compliance with departmental policy, and law (e.g., Public Safety Officers Procedural Bill of Rights [POBR]). HPM 10.2, 8-4

Answer 13

13. The OIA will analyze each case for legal sufficiency, compliance with departmental policy, and law (e.g., Public Safety Officers Procedural Bill of Rights [POBR]). HPM 10.2, 8-4

Question 14

14. All commands shall maintain a ___________in which all internal investigations of assigned personnel shall be stored. HPM 10.2, 8-14

Answer 14

14. All commands shall maintain a master file in which all internal investigations of assigned personnel shall be stored. HPM 10.2, 8-14

Question 15

15. All administrative investigations shall be destroyed after a period of ____ years, commencing from the date the employee is served with the Notice of Adverse Action or the closing documentation. HPM 10.2, 8-15

Answer 15

15. All administrative investigations shall be destroyed after a period of five (5) years, commencing from the date the employee is served with the Notice of Adverse Action or the closing documentation. HPM 10.2, 8-15

Question 16

16. A ____________________ provides the affected employee with an opportunity to respond prior to the effective date of an adverse action, rejection during probation, nonpunitive termination, or medical termination per Government Code Section 19253.5. HPM 10.2, 9-3

Answer 16

16. A predisciplinary hearing (PDH) provides the affected employee with an opportunity to respond prior to the effective date of an adverse action, rejection during probation, nonpunitive termination, or medical termination per Government Code Section 19253.5. HPM 10.2, 9-3

Question 17

17. Employees, excluding cadets, who are the subject of an _______ ______, may request a corresponding quantity of available leave credits be forfeited to satisfy an assessed penalty. HPM 10.2, 9-8

Answer 17

17. Employees, excluding cadets, who are the subject of an adverse action, may request a corresponding quantity of available leave credits be forfeited to satisfy an assessed penalty. HPM 10.2, 9-8

Question 18

18. The request to use leave credits shall be made by the employee prior to the conclusion of the ___ ______. HPM 10.2, 9-8

Answer 18

18. The request to use leave credits shall be made by the employee prior to the conclusion of the pre disciplinary hearing (PDH) period. HPM 10.2, 9-8

Question 19

19. An employee may file an appeal with the SPB Appeals Division no later than ¬¬__ calendar days after the effective date of a Notice of Adverse Action. HPM 10.2, 9-10

Answer 19

19. An employee may file an appeal with the SPB Appeals Division no later than 30 calendar days after the effective date of a Notice of Adverse Action. HPM 10.2, 9-10

Question 20

20. ______ _______ _____ is an automatic resignation from state service (Government Code [GC] Section 19996.2) which occurs when an employee is absent for five (5) or more consecutive working days, whether the absence is voluntary or involuntary. HPM 10.2, 10-4

Answer 20

20. Absent Without Leave (AWOL) is an automatic resignation from state service (Government Code [GC] Section 19996.2) which occurs when an employee is absent for five (5) or more consecutive working days, whether the absence is voluntary or involuntary. HPM 10.2, 10-4