HPM 10.2 Chapters 8-9

Question 1

1. Once the administrative investigation file is complete, the commander or the assistant Division commander in charge of the investigation ___ensure the file is reviewed for accuracy and thoroughness prior to transmittal to the next level of review.

Answer 1

Shall (chapter 8-3, 1a)

Question 2

2. After review and corrections have been made, the commander or designee ___ sign the appropriate block on the CHP 7, Internal Investigation, along with making a recommendation regarding the penalty in the “Commander Recommendation” section.

Answer 2

Shall (8-3, 1a)

Question 3

3. Upon receipt of the approval investigation file from Division, the command shall prepare __ total copies (the original plus __ copies).

Answer 3

5, 4 (8-3, 1c)

Question 4

4. All communications or transmittals concerning the investigation ___be marked confidential.

Answer 4

Shall (8-4, 1d)

Question 5

5. The _____ will analyze each case for legal sufficiency, compliance with departmental policy, and law (e.g., Public Safety Officers Procedural Bill of Rights [POBR]).

Answer 5

Office of Internal Affairs Responsibilities (OIA) (8-4, 2a)

Question 6

6. As the appointing power, the ____has final approval authority for all administrative investigations.

Answer 6

Commissioner (8-4, 2b)

Question 7

7. The respective ____(in the chain of command of the involved employee) in the final level of approval for adverse action with a penalty of:
   (a) Formal written reprimand
   (b) Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction.

Answer 7

Division Commander (8-4, 2b1)

Question 8

8. The respective ____in the final level of approval for adverse action with a penalty of:
   (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).

Answer 8

Assistant Commissioner (8-5, 2b2)

Question 9

9. After review by the respective Assistant Commissioner (in the chain of command of the involved employee), the ____ or __ ____ is the final level of approval for:
   (a) Adverse action with a penalty of:
10. Dismissal.
11. Demotion.
12. Suspension in excess of 20 working days, or the equivalent monthly step reduction.
    (b) Rejection during probation.
    (c) Non-punitive termination.

Answer 9

Commissioner, Deputy Commissioner (8-5, 2b3)

Question 10

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

Answer 10

25 (8-6, 2e1a1)

Question 11

11. Suspensions shall be computed based on an __ hour shift within a __hour workday.

Answer 11

8, 24 (8-6, 2e1a2)

Question 12

12. Suspensions days are to be scheduled ____, with no regular days off (RDOs) or holidays during the suspension period.

Answer 12

Consecutively (8-6, 2e1a3)

Question 13

13. Suspension can be up to a maximum of __days. Suspensions in excess of __days shall be coordinated by OAI and the Office of the Commissioner.

Answer 13

42, 42 (8-6, 2e1a3)

Question 14

14. Suspensions __ __result in Fair Labor Standards Act (FLSA) overtime or positive excess hours.

Answer 14

Shall not (8-6, 2e1a4)

Question 15

15. Suspension times begin at the start of the employee’s ___ and end ___before that shift start time on the first day after the suspension period (which may be an RDO).

Answer 15

Assigned shift, one (1) minute (8-6, 2e1a5)

Question 16

16. The dates of the suspension are at the discretion of the ___in conjunction with the ___of the Department.

Answer 16

Commander, Operational needs (8-6, 2e1a6)

Question 17

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

Answer 17

11 (8-6, 2el8)

Question 18

A suspension period can encompass suspension days, ___ and ___.

Answer 18

RDOs, state holidays (8-7, e1b3a)

Question 19

19. An adverse action with penalty of demotion shall become effective at 1700 hours on a date at least __calendar days after the last day of the PDH period.

Answer 19

15 (8-9, c2)

Question 20

A____ ___ (__) provides the affected employee with an opportunity to respond to the imposition of discipline, rejection during probation, or termination, or reassignment for medical reasons as required by state law.

Answer 20

Predisciplinary hearing (PDH) (9-3, 1a)

Question 21

21. Similar to the PDH, the ___hearing is an informal review conducted by an “impartial and disinterested” representative of the appointing power as a response to “absent without leave” (AWOL) proceedings.

Answer 21

Coleman (9-5, d3)

Question 22

22. In documenting the decision, if the employee’s response is in writing, the PDH officer’s written decision must be provided to the employee within __calendar days of the receipt of the employee’s response.

Answer 22

14 (9-7, e3)

Question 23

23. During an appeal hearing, the ___has the burden of proving the charges by a preponderance of the evidence.

Answer 23

Department (9-11, 3a1)

Question 24

24. In an adverse action, 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.

Answer 24

30 (9-12, 3b1)

Question 25

25. In a Written Reprimand Appeal, if the employee is not satisfied with the PDH Officer’s decision, the employee association may submit an appeal to the ___ _ _ ___.

Answer 25

Office of the Commissioner (9-17, 6b1)