HPM 10.2 - Internal Investigations

Question 1

True or False:

Investigations shall be conducted in a manner which will ensure all applicable protections are afforded. Likewise, all employees will be treated professionally, with dignity and respect?

Answer 1

True

pg 1-3

Question 2

True or False

By law, POBR applies to all probationary and permanent departmental personnel who are peace officers, all other employees, including cadets?

Answer 2

False

with the exception of cadets

pg 1-4

Question 3

AWOL for ——- consecutive working days (whether voluntary or involuntary) is considered an automatic resignation from state service, effective the last day the employee worked.

Answer 3

5

pg 2-5

Question 4

The ———- Admonition shall be included in all MODs and shall be stated verbatim.

Answer 4

Bazemore

pg 2-5

Question 5

True or False:

A censurable CHP 2, Incident Report, shall be issued if adverse action will be taken against the employee for the same acts?

Answer 5

False
shall NOT be used

pg 2-5

Question 6

True or False:

A formal written reprimand does not result in a monetary penalty?

Answer 6

True

pg 2-7

Question 7

An admonishment given in administrative interrogations which advises the subject(s) of the interrogation(s) that they do not have the right to refuse to answer administrative questions is known as what?

Answer 7

Lybarger Admonishment

pg 2-8

Question 8

True of False:

Minor discipline which involves a penalty consisting of a one to five working day(s) suspension or equivalent step-reduction in pay, applies to all Bargaining Unit 5 members (officers and sergeants) and non-uniformed members?

Answer 8

False
Applies to Bargaining Unit 5 members only (officers and sergeants)

pg 2-9

Question 9

What are the six types of penalties for adverse actions?
(DDFISS)

Answer 9

1. Demotion
2. Dismissal from State Service
3. Formal Written Reprimand
4. Involuntary Transfer
5. Salary Reduction
6. Suspension

pg 3-9, 3-10

Question 10

True of False:

Area and Division commanders shall ensure the investigation is forwarded to OIA within 60 business days from the date the Area becomes aware of the misconduct?

Answer 10

False

60 calendar days

pg 4-5

Question 11

True or False:

Compelled statements made during an administrative interrogation shall not be included in a criminal interrogation?

Answer 11

True

pg 4-6

Question 12

True or False:

For uniformed employees, a copy of the criminal investigation and/or arrest record SHALL be included with the administrative investigation?

Answer 12

True

pg 4-8

Question 13

True or False:

For non-uniformed employees, arrest reports which have not resulted in a conviction can be included in the investigative file?

Answer 13

False

cannot

pg 4-8

Question 14

TIMEFRAMES:

Adverse action shall not be undertaken against an employee for any act, omission, or other allegation of misconduct if the investigation is not completed within ——– of the Department’s discovery of the allegation

Answer 14

one (1) year

pg 4-12

Question 15

Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse action is served within ____ years after the discovery of the fraud, embezzlement, or falsification.”

Answer 15

three (3) years

pg 4-12

Question 16

TIMEFRAMES:

No adverse action shall be valid against any state employee for any cause for discipline based on any civil service law of this state, unless notice of the adverse action is served within ____ after the cause for discipline, upon which the notice is based, first arose.

Answer 16

three (3) years

pg 4-13

Question 17

A Department-initiated leave of absence which the employee is ordered to stay away from work and remain home is paid and cannot be unpaid?

Answer 17

False

can be unpaid (GC 19574.5)

pg 4-15

Question 18

If a Department-initiated leave of absence extends past ____ calendar days, CalHR approval is required

Answer 18

30

pg 4-16

Question 19

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 ____ calendar days.

Answer 19

15

pg 4-16

Question 20

The OIA is comprised of three distinct units: the analysis unit, investigations unit, and ___?

Answer 20

worker’s compensation fraud
investigations unit

pg 4-21

Question 21

In regards to Arrest or Detention Reports/Records, what is the sinificance of Labor Code § 432.7?

Answer 21

For uniformed employees, it allows investigators to request copies of arrest or detention records prior to conviction but it’s prohibited for non-uniformed employees.

pg 5-13

Question 22

Evidence pertaining to an administrative investigation shall be stored for a minimum of ____ years.

Answer 22

five (5)

pg 5-15

Question 23

True or False

If an employee transfers commands, evidence pertaining to an investigation shall be forwarded to the next command and not remain in the command which originally completed the investigation?

Answer 23

False

shal remain with original command

pg 5-15

Question 24

An employee shall not have an assigned locker, or other place for storage, searched unless the search is conducted under any one of the following conditions:

Answer 24

(1) In the involved employeeʼs presence.
(2) With the involved employeeʼs consent.
(3) After a valid search warrant

pg 5-16

Question 25

True or False:

Criminal interrogations of employess involve individuals who are suspected of criminal misconduct, and all legal protections such as Miranda apply?

Answer 25

True

pg 6-3

Question 26

True or False:

Administrative interrogations involve compelled statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations shall be used to support a criminal investigation?

Answer 26

False

shall not

pg 6-3