HPM 10.2: INTERNAL INVESTIGATIONS

Question 1

Employees should/shall/must promptly obey any lawful orders or directives from a supervisor, manager, or officer-in-charge (OIC).

Answer 1

must

Question 2

If an employee receives a conflicting order or directive, the employee should/shall/must respectfully call the conflict to the attention of the supervisor giving the last order.

Answer 2

must

Question 3

If the person giving the last order does not change or rescind it, the employee should/shall/must obey it, and is not responsible for disobeying the first order.

Answer 3

must

Question 4

Employees should/shall/must never obey orders they know, or reasonably should have known, would require them to commit reasonably apparent illegal acts.

Answer 4

shall

Question 5

Employees in doubt as to the legality of an order shall request clarification from the issuer. After clarification is received, if the employee still believes the order is unlawful, the employee shall seek direction and/or guidance through ___ ___ __ ___

Answer 5

their chain of command

Question 6

By law, POBR applies to all probationary and permanent departmental personnel who are peace officers. By policy, the Department has extended POBR rights to all other employees except for ___

Answer 6

cadets

Question 7

Managers and supervisors should/shall ensure all administrative investigations are conducted in compliance with the provisions of POBR and protect the rights of employees.

Answer 7

shall

Question 8

Commanders should/shall require all involved supervisory and managerial staff to review Chapter 11, Public Safety Officers Procedural Bill of Rights Act, of this manual as part of the initial steps of an administrative investigation

Answer 8

should

Question 9

When a departmental supervisor or manager is notified or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command shall be made __ ___ __ __ __ ___

Answer 9

as soon as it is practical.

Question 10

If serious misconduct is alleged, the supervisor or manager should/shall make immediate notification to the next level in the chain of command

Answer 10

shall

Question 11

Upon the commander’s knowledge of alleged employee misconduct, which is either serious in nature, or is likely to lead to an internal investigation, the commander shall make notification to their __ __

Answer 11

Division Chief

Question 12

With Division Chief concurrence, an internal investigation shall be initiated, and an investigation control number assigned. This “Division Aware Date” will initiate the __ ___ timeframe pursuant to GC Section 3304.

Answer 12

one-year

Question 13

Within ___ business days of the initiation of an internal investigation, Division shall make notification to the appropriate Assistant Commissioner and the Office of Internal Affairs (OIA).

Answer 13

three

Question 14

“______” as relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct.

Answer 14

Dishonesty

Question 15

“___ __ ___” as including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest.

Answer 15

Abuse of Power

Question 16

“___ ___” as including, but not limited to, the excessive or unreasonable use of force.

Answer 16

Physical Abuse

Question 17

“___ ___” is the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority.

Answer 17

Sexual Assault

Question 18

“___ ___” when a peace officer, on the basis of a person’s race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status, violates law or department policy, or is inconsistent when carrying out their duties in a fair and unbiased manner.

Answer 18

Demonstrating Bias

Question 19

“___ ___ ___ __ ___” as sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission.

Answer 19

Acts that Violate the Law

Question 20

“___ ___ ___” as a group of peace officers within a law enforcement agency who may identify themselves by a name and may be associated with an identifying symbol, including, but not limited to, matching tattoos, and who engage in a pattern of on-duty behavior that intentionally violates the law or fundamental principles of professional policing, including, but not limited to, excluding, harassing, or discriminating against any individual based on a protected category under federal or state antidiscrimination laws, engaging in or promoting conduct that violates the rights of other employees or members of the public, violating agency policy, the persistent practice of unlawful detention or use of excessive force in circumstances where it is known to be unjustified, falsifying police reports, fabricating or destroying evidence, targeting persons for enforcement based solely on protected characteristics of those persons, theft, unauthorized use of alcohol or drugs on duty, unlawful or unauthorized protection of other members from disciplinary actions, and retaliation against other officers who threaten or interfere with the activities of the group.

Answer 20

Law Enforcement Gang

Question 21

“___ __ ___” as failure to cooperate with an investigation into potential police misconduct, including an investigation conducted pursuant to the Commission for POST regarding potential accreditation decertification

Answer 21

Failure to Cooperate

Question 22

“___ __ ___” when a peace officer is present and observes another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject

Answer 22

Failure to Intercede

Question 23

Adverse Action penalties consist of (6):

Answer 23

1 Formal written reprimand.
2 Suspension.
3 Reduction in salary.
4 Demotion.
5 Involuntary transfer.
6 Dismissal.

Question 24

___ ___ is an official inquiry, utilizing departmental investigative resources, into alleged misconduct by a departmental employee(s). (may lead to AA)

Answer 24

Internal Investigation

Question 25

___ ___ is an administrative investigation in which the employee is exonerated, separates from state service, transfers to a new agency, or the conduct does not warrant adverse action or rejection during probation

Answer 25

Miscellaneous Investigation

Question 26

___ ___ is an action resulting in involuntary separation from state service, not as a disciplinary measure, but as a result of an employee’s failure to meet the minimum qualifications for their job classification. (such as a DL revocation)

Answer 26

Nonpunitive Termination

Question 27

Is an off-duty officer at a social gathering providing preliminary alcohol screening tests to drivers enough to create a nexus for a misconduct investigation?

Answer 27

yes

Question 28

___ ___ is the compelled, formal, and direct questioning of an employee to determine the facts for an administrative investigation

Answer 28

Administrative Interrogation

Question 29

An ___ ___ is a formal administrative action taken to correct an employee’s on-the-job, or job-related, behavior or performance

Answer 29

adverse action

Question 30

Employees shall be notified that misconduct for which they are being counseled may be charged in a future adverse action if the written document contains the ___ ___

Answer 30

Bazemore admonition

Question 31

A ___ ___ ___ is the lowest penalty in the adverse action process and may be used when a penalty greater than corrective action is necessary.

Answer 31

formal written reprimand

Question 31

(AWOL) is the unauthorized absence for __ consecutive working days (whether the absence was voluntary or involuntary) and is considered an automatic resignation from state service, effective the last day the employee worked

Answer 31

five

Question 32

An admonishment given in administrative interrogations which advises the subject of the interrogation that their compelled statement cannot be used against them in a criminal proceeding and the employee does not have the right to refuse to answer administrative questions

Answer 32

Lybarger Admonishment

Question 32

A memorandum issued to an employee to formally document supervisory counseling pertaining to misconduct, behavior, or poor performance. (normally does not contain Bazemore)

Answer 32

Memorandum of Counseling

Question 32

A memorandum issued to an employee to formally document misconduct, behavior, or poor performance, and to provide specific direction to preclude a recurrence. (Bazemore shall be included)

Answer 32

Memorandum of Direction

Question 32

A memorandum issued to an employee to formally explain the expectations for conduct or performance. An example would be an officer assigned to a sensitive position in which confidentiality is required.

Answer 32

Memorandum of Expectations

Question 33

Evidence that proves a fact is more likely to be true than not true, not necessarily in the greater number of witnesses testifying about the fact.

Answer 33

Preponderance of Evidence

Question 34

The POBR Act provides that in order to impose punitive action against a public safety officer, an employing agency must investigate and notify the officer of the proposed discipline within ___ ___ of discovering the underlying misconduct

Answer 34

one year

Question 35

if the misconduct is also the subject of a criminal investigation or prosecution, the one-year limitation period may be tolled while the criminal investigation or prosecution is pending. true/false

Answer 35

true

Question 36

POBR does not allow for tolling beyond the ___-___ limitation period pursuant to GC Section 19635

Answer 36

three-year

Question 37

Can the assigned investigator in an insubordination action be the supervisor against whom the act was committed

Answer 37

no, shall not

Question 38

Inexcusable neglect of duty should/shall be charged for drug or prescription medication intoxication after examination by a physician or certified Drug Recognition Evaluator

Answer 38

should

Question 39

The degree of alcohol intoxication should/shall be determined by chemical analysis in accordance with the Department’s drug testing policy

Answer 39

should

Question 40

The employee’s use of intoxicating liquor causing them to be unable to attend properly to their job duties and/or to engage in excessive misconduct arising out of the use of intoxicating liquor is referred to as:

Answer 40

Intemperance

Question 41

What is the difference between insubordination and willful disobedience?

Answer 41

willful disobedience means a specific violation of command or prohibition, while insubordination indicates a specific or general course of disrespectful or mutinous conduct.

Question 42

___ ___ is intended to modify an employee’s behavior and should instruct and train the employee to act and perform in accordance with established standards of conduct

Answer 42

Progressive discipline

Question 43

___ provides the employee with the tools and awareness to bring performance to an acceptable level.

Answer 43

progressive discipline

Question 44

Supervisors and managers are expected to (2):

Answer 44

(1) Ensure employees are informed of expectations via briefings, ride-alongs, one-on-one discussions, training days, Memorandum of Expectations, written acknowledgments of policy review, etc.
(2) Recognize employees meeting or exceeding standards by providing positive reinforcement and recognition, e.g., documented comments on monthly reviews, commendable CHP 2, Incident Report, etc.

Question 45

Whenever an employee’s performance or conduct does not meet established expectations, the ___ should determine if the employee has been provided with adequate training or notice of performance expectations

Answer 45

commander

Question 46

If the employee has been provided with adequate training or notice of performance expectations, progressive discipline should/shall be utilized.

Answer 46

should

Question 47

Employees should look to their ___ and ___, whose behavior shall always be above reproach, as a model of departmental expectations.

Answer 47

managers and supervisors

Question 48

Interim reporting may be included in the progressive discipline process when substandard performance is an issue. true/false

Answer 48

true, the goal of interim reporting is to provide the employee with the tools and assistance reasonably necessary to bring their performance to an acceptable level.

Question 49

___ and ___ have the responsibility to engage and lead the employee in the right direction, as opposed to merely documenting the actions of the employee.

Answer 49

Managers and supervisors

Question 50

The primary purpose of corrective documentation is to:

Answer 50

memorialize corrective actions

Question 51

Informal/formal counseling is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation

Answer 51

both

Question 52

The primary difference between formal and informal counseling is ___

Answer 52

documentation

Question 53

After formal counseling, the employee shall receive documentation in the form of comments on the employee’s monthly evaluation form or the counseling session shall be documented on a ___ of ___

Answer 53

Memorandum of Counseling (MOC)

Question 54

It is incumbent upon ___ and ___ to recognize when adverse action is appropriate since it is the most severe option in the progressive discipline process.

Answer 54

managers and supervisors

Question 55

If the cause for action is not legally sufficient, or if management has acted arbitrarily, capriciously, or discriminatorily, the ___ or ___ may be subject to disciplinary and legal repercussions.

Answer 55

manager or supervisor

Question 56

What are the six (6) conditions needed to establish sufficient Cause prior to initiating an investigation?

Answer 56

(1) The rules or standards the employee has violated must bear a REASONABLE RELATIONSHIP to the employee’s specific job and/or the goals and mission of the Department.
(2) The employee must have CLEAR KNOWLEDGE OF THE RULES OR STANDARDS the employee is charged with violating, preferably supported by signed documentation indicating the employee received relevant training or even copies of the rules and standards.
(3) The rules or standards must be EQUITABLE ENFORCEMENT.
(4) If adverse action results from an employee’s OFF-DUTY conduct, there must be a rational relationship (NEXUS) between the misconduct and the employee’s position. This may include the use of one’s official position to obtain favorable treatment or gratuity.
(5) The investigation must be THOROUGH, IMPARTIAL, and OBJECTIVE to determine whether the misconduct occurred as alleged.
(6) There must be sufficient, legally admissible PREPONDERANCE OF EVIDENCE to support that the alleged misconduct occurred, as defined in Government Code Section 19572.

Question 57

___ have the primary responsibility for the internal investigation process at the command and Division level

Answer 57

Commanders

Question 58

true/ false: An internal investigation may be
initiated as the result of a complaint (including anonymous), departmental knowledge, or any other source of information

Answer 58

true

Question 59

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

Answer 59

60 calendar

Question 60

If any employee of this Department, learns that another law enforcement agency is conducting an inquiry into allegations of criminal misconduct involving a member of the Department, the employee should/shall immediately
notify a supervisor or manager.

Answer 60

shall

Question 61

When potential criminal misconduct is identified, who shall ensure the appropriate Division commander and OIA are notified?

Answer 61

the commander

Question 62

There are two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation:

Answer 62

concurrent and consecutive

Question 63

In this method, the criminal investigation is conducted simultaneously with the administrative investigation by separate investigators

Answer 63

Concurrent

Question 64

What is the primary advantage of concurrent investigations?

Answer 64

the administrative investigation can be completed
more expeditiously

Question 65

true/false: Although information gathered in a criminal investigation can be shared with the administrative investigator, only certain information gathered in the administrative investigation can be shared with or included in the criminal investigation

Answer 65

true, for example, compelled statements made
during an administrative interrogation shall not be included in a criminal interrogation

Question 66

In this method, the criminal investigation is completed and a decision (e.g., rejection or filing of charges) is made by the prosecuting authority prior to initiating the administrative investigation

Answer 66

Consecutive Investigation

Question 67

The primary benefit of this method is:

Answer 67

that it precludes any improper sharing of information, since the criminal investigation is closed prior to any information being gathered as part of the administrative investigation

Question 68

If an allied agency is conducting the investigation, ___ shall ensure the agency is contacted to develop an appropriate course of action and ensure proper coordination between the allied agency, any prosecuting authority, and the Department

Answer 68

commanders

Question 69

If an allied agency with primary investigative authority relinquishes or declines to conduct the investigation, the involved employee’s commander should/shall initiate the
criminal investigation

Answer 69

shall

Question 70

When the Department is completing the
criminal investigation, is the one (1) year time limitation as it would when an allied agency is conducting the
investigation?

Answer 70

no

Question 71

To maintain the separation between investigations, criminal investigators should/shall not participate in administrative interrogations

Answer 71

shall

Question 72

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

Answer 72

shall

Question 73

true/false: 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 legal access

Answer 73

true

Question 74

True/false: The administrative investigator to have access to all information gathered in the criminal investigation, but can preclude the criminal investigator from having
access to material from the administrative investigation.

Answer 74

true, For example, a Department of Motor Vehicles (DMV) or criminal history could be collected once and shared between both investigations, but information gathered from an employee’s personnel file could not be provided to the criminal investigation without proper legal process.

Question 75

true/false: When an allied agency is conducting the criminal investigation, its report may be used by the Department as a starting point for the administrative investigation

Answer 75

true

Question 76

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

Answer 76

shall

Question 77

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

Answer 77

cannot

Question 78

Allegations involving potential criminal
misconduct by a non-uniformed employee shall be administratively investigated only under the following circumstances. Any criminal misconduct…(3):

Answer 78

(1) which could lead to a felony conviction.
(2) constituting a misdemeanor involving moral
turpitude.
(3) where the employee has established a nexus to
the Department.

Question 79

If the source of the complaint is from departmental personnel or is anonymously submitted but there is evidence to suggest it was sent from a source from within the Department, a formal investigation should/shall not be undertaken without having a basis for believing there is merit to the complaint.

Answer 79

shall

Question 80

Unless the complaint involves a violation of law (e.g., threat, retaliatory, other evidence of a crime), departmental resources should/shall not be expended to determine the source of such complaints.

Answer 80

should

Question 81

As supervisors and managers conduct the initial inquiry to determine whether there is merit to the allegation(s), the employee protections provided under POBR should/shall be afforded, as applicable

Answer 81

shall

Question 82

An internal investigation of an employee may be reopened beyond the one-year time period if both of the following circumstances exist:

Answer 82

(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation, and
(2) 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 pre-disciplinary hearing response or procedure.

Question 83

Investigators should/shall only discuss aspects of the investigation with person(s) who have an official right and need to know

Answer 83

shall

Question 84

true/false: Administrative interrogations can be conducted as part of the citizens’ complaint investigation

Answer 84

true, it is especially appropriate when adverse action or
rejection during probation appear likely

Question 85

Are there times it would be beneficial to complete an administrative investigation prior to completing the citizen’s complaint?

Answer 85

Yes, because part of the citizens’ complaint process is allowing the involved employee an opportunity to review the entire investigation

Question 86

true/false: For uniformed employees, a leave will also invoke a removal of peace officer powers

Answer 86

true

Question 87

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

Answer 87

30

Question 88

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 88

15

Question 89

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

Answer 89

48 hours

Question 90

If a uniformed employee has a Departmental-initiated leave of absence terminated, are there peace officer powers restored?

Answer 90

yes, simultaneously

Question 91

Approval through channels from the appropriate ___ ___ shall be obtained before a commander may remove or restore peace officer powers.

Answer 91

Assistant Commissioner

Question 92

Who shall be provided the original Reinstatement of Peace Officer Powers memorandum? (both the employee and the supervisor/manager serving it shall sign)

Answer 92

The employee

Question 93

If, during the course of an investigation, allegations of discrimination, harassment, and/or racial profiling are made or discovered, may a separate EEO investigation be initiated?

Answer 93

yes, may be conducted concurrently or consecutively

Question 94

Are Commanders required to notify an employee who is the subject of an administrative investigation?

Answer 94

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

Question 95

For each allegation, the investigator must examine (3):

Answer 95

1. If the alleged act(s) or omissions actually occurred and what proof can be obtained.
2. What the employee specifically violated (Government Code, policy, etc).
3. What prior knowledge did the employee have that such conduct was not acceptable (through training, experience, prior progressive discipline, admission of knowledge, etc.).

Question 96

true/false: Chronological summary entries are to be written in the third person

Answer 96

true

Question 97

If an employee separates from the Department during an investigation, the investigation should/shall be completed in its entirety and processed

Answer 97

shall

Question 98

If at the conclusion of an internal investigation the actions of the employee(s) do not merit adverse action or rejection during probation, the investigative file shall be prepared as a ___ Investigation.

Answer 98

Miscellaneous

Question 99

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

Answer 99

true

Question 100

true/false: Investigators may request copies of records pertaining to the arrest or detention of peace officer employees prior to conviction

Answer 100

true

Question 101

true/false: Investigators may seek or request copies of records pertaining to the arrest or detention of non-uniformed employees prior to conviction

Answer 101

false, investigators are prohibited

Question 102

true/false: Employees shall not be compelled to submit to a polygraph or voice stress analysis

Answer 102

true

Question 103

true/false: No disciplinary action, recrimination, adverse comment, or other record (including investigator notes) may be created as a result of an employee’s refusal to submit to a polygraph or VSA examination

Answer 103

true

Question 104

Shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the employee declined to submit to a polygraph or VSA examination?

Answer 104

no

Question 105

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

Answer 105

five

Question 106

An employee shall not have an assigned locker, or other place for storage, which are owned or leased by the Department, searched unless the search is conducted under any one of the following conditions (4):

Answer 106

(1) In the involved employee’s presence.
(2) With the involved employee’s consent.
(3) After a valid search warrant has been obtained.
(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.

Question 107

In most instances, personal containers may or may not
be searched without a warrant or consent

Answer 107

may not

Question 108

During the course of an internal investigation, may a witness remain confidential?

Answer 108

no, 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.

Question 109

All statements from departmental employees who are interviewed as witnesses during internal investigations should/shall be recorded.

Answer 109

shall

Question 110

true/false: Both federal and state law provide for law enforcement personnel to record/monitor/eavesdrop on contacts with individuals without their knowledge

Answer 110

true

Question 111

An investigator should not /shall not surreptitiously record, monitor, or eavesdrop on a departmental employee unless it is part of a criminal investigation

Answer 111

shall not

Question 112

All interviews and criminal and/or administrative interrogations shall be either summarized on a ___ or ___

Answer 112

memorandum or transcribed

Question 113

The ___ ___ shall be responsible for ensuring the accuracy of each summary

Answer 113

lead investigator

Question 114

true/false: All interviews, regardless of the exculpatory, incriminating, or benign nature of the information obtained, shall be included in the investigation

Answer 114

true

Question 115

true/false: Departmental employees who are witnesses do not have a right to know the nature of the investigation

Answer 115

true

Question 116

true/false: Members of the Department not accused of misconduct are obligated to fully cooperate with investigators and have an affirmative duty to answer questions during internal investigations

Answer 116

true

Question 117

What is the difference between an investigative interview and an administrative interrogation?

Answer 117

In an investigative interview, employees are not normally entitled to representation and are not ordered to answer questions

Question 118

Is notification required prior to a criminal interrogation?

Answer 118

no

Question 119

Does an involved employee have the opportunity to present exculpatory and/or mitigating information during an administrative interrogation?

Answer 119

yes

Question 120

true/false: Prior to an employee being the subject of additional administrative interrogations regarding the same subject area(s), the employee shall be given a copy of the recordings of all previous administrative interrogations, as well as the related transcripts from those interrogations if available.

Answer 120

true

Question 121

When an internal investigation is converted to a miscellaneous investigation, is closing documentation to the involved employee required? in what form (3)?

Answer 121

yes, in the form of (1) Memorandum of Finding.
(2) Censurable CHP 2, Incident Report. or
(3) Memorandum of Direction.

Question 122

Proposed closing documentation shall not be served to the employee prior to what?

Answer 122

approval of the administrative investigation’s recommended penalty by the Commissioner or their designee

Question 123

true/false: Sensitive information contained within an investigative file shall be redacted prior to being routed to OIA for analysis

Answer 123

true

Question 124

Once the administrative investigation file is complete, the ___ 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.

Answer 124

commander

Question 125

A copy of the entire investigative file should/shall be retained at the command as a precaution against accidental loss.

Answer 125

shall

Question 126

For incidents involving loss or potential loss of specialty pay, OIA and the ___ of ___ ___ should/shall be consulted

Answer 126

Office of Employee Relations/ should

Question 127

The respective Division commander (in the chain of command of the involved employee) is the final level of approval for adverse action with a penalty of (2):

Answer 127

(a) Formal written reprimand.
(b) Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction.

Question 128

The respective Assistant Commissioner (in the chain of command of the involved employee) is the final level of approval for adverse action with a penalty of (2) :

Answer 128

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

Question 129

The Commissioner or Deputy Commissioner is the final level of approval for:

Answer 129

(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.

Question 130

The effective date of the adverse action shall be no less than ___ calendar days after the date of service of the notice. (Formal Written Reprimand and Suspension, Officers and Sergeants)

Answer 130

25

Question 131

true/false: Those employees assigned to an alternate work week (9/80, 4/10, or 3/12) will need to be placed on a standard eight (8) hour shift for the duration of the suspension. (Formal Written Reprimand and Suspension, Officers and Sergeants)

Answer 131

true

Question 132

true/false: Suspension can be up to a maximum of 42 days. (Formal Written Reprimand and Suspension, Officers and Sergeants)

Answer 132

kind of true, Suspensions in excess of 42 days shall be coordinated by OIA and the Office of the Commissioner.

Question 133

In cases where a suspension will cause a nonqualifying
pay period for the employee, the ___ shall be responsible for preparing a memorandum notifying the employee of
the effects to the employee’s pay and/or benefits. (Formal Written Reprimand and Suspension, Officers and Sergeants)

Answer 133

commander

Question 134

For all managerial employees, the effective date of the adverse action shall be no less than ___ calendar days from the date of service of the notice. (Formal Written Reprimand and Suspension, Non-Uniformed and All
Managerial Employees)

Answer 134

20

Question 135

For non-uniformed employees, excluding managers, the effective date of the adverse action shall be no less than ___ calendar days from the date of service of the notice (Formal Written Reprimand and Suspension, Non-Uniformed and All Managerial Employees)

Answer 135

25

Question 136

For all managerial employees, the effective date of the adverse action shall be no less than ___ calendar days from the date of service of the notice. (Formal Written Reprimand and Suspension, Non-Uniformed and All Managerial Employees)

Answer 136

20

Question 137

When a state legal holiday falls within a period of suspension, it is to be calculated as follows: (Formal Written Reprimand and Suspension, Non-Uniformed and All Managerial Employees)

Answer 137

a For non-uniformed personnel, the day is considered a
holiday and is NOT a day of suspension (as described above).
b For uniformed managers, the holiday is considered a day of suspension.

Question 138

An adverse action with a penalty of dismissal, a non-punitive termination, or rejection during probation shall become effective at 1700 hours on the date specified:
a For non-uniformed employees except managers, the
effective date is ___ business days after the last day of the PDH period.
b For uniformed employees (except managers), the effective date is ___ business days after the last day of the PDH period.
c For managers, the effective date is ___ calendar days after the last day of the PDH period.

Answer 138

five (5)/ ten (10)/ ten (10)

Question 139

The first month of salary reduction shall be a minimum of ___ calendar days from the date of service of the notice.

Answer 139

25

Question 140

The employee and employee’s representative shall be granted ___ hours of state time to review the administrative investigation file and prepare a PDH response.

Answer 140

four (4)

Question 141

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.

Answer 141

five (5)

Question 142

Investigations which resulted in a formal written reprimand shall be retained for ___ years; however, a copy of the formal written reprimand shall be removed from the field personnel folder after a period of ___
years from the date the employee was served with the Notice of Adverse Action

Answer 142

five (5)/ three (3)

Question 143

Any corrective documentation issued to an
employee as the result of an internal investigation (e.g., censurable CHP 2, Memorandum of Direction, Memorandum of Findings if corrective or remedial in
nature) shall be removed from the employee’s field personnel folder after a period of ___ years from the date of issuance.

Answer 143

three (3)

Question 144

true/false: Miscellaneous investigations are not filed with SPB and, therefore, not subject to public disclosure

Answer 144

true

Question 145

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

Answer 145

should

Question 145

In cases involving dismissal, rejection during probation, or non-punitive termination, commanders should/shall strongly consider placing the employee on a leave of absence.

Answer 145

should

Question 146

true/false: Employees are permitted to resign, retire, or otherwise separate from state service prior to the effective date of any punitive or non-punitive action.

Answer 146

true

Question 147

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

Answer 147

predisciplinary hearing (PDH)

Question 148

The PDH officer’s objective is to reach a determination of whether there are ___ ___ to justify the proposed discipline.

Answer 148

reasonable grounds

Question 149

true/false: If the employee is not satisfied with the
PDH officer’s decision, the California Association of Highway Patrolmen may submit a request for arbitration.

Answer 149

true

Question 150

May employees use leave credits to satisfy suspensions of five (5) or less?

Answer 150

yes, also includes five (5) month or less step reduction

Question 151

May employees use leave credits to satisfy suspensions of six (6) days or more?

Answer 151

yes, for up to 1/2 of the suspension period, also includes six (6) month or longer step reductions

Question 152

When an employee is serving a suspension while partially using leave credits, what shall the commander ensure/verify (2)?

Answer 152

(1) the employee has sufficient leave credits and (2) the employee does not remain on suspension for the time being satisfied with leave credits

Question 153

true/false: The Area commander is ultimately responsible
for the administrative investigation, up to and including the appeal process

Answer 153

true

Question 154

An employee may voluntarily resign from a position with the Department by submitting a ___ or ___ resignation to the employee’s commander.

Answer 154

written or oral

Question 155

A commander should/shall accept a resignation submitted voluntarily by an employee against whom an internal investigation is pending.

Answer 155

shall

Question 156

The separation of an employee should/shall not alter the investigation process, and the investigation should/shall be completed as a Request for Adverse Action, rejection during probation, non-punitive termination, or miscellaneous investigation, as appropriate.

Answer 156

shall/shall

Question 157

If an employee fails to meet the minimum qualifications for the employee’s job classification and a decision has been made to terminate the employee, an administrative investigation shall be completed in accordance with this manual and documented as a ___-___ termination.

Answer 157

non-punitive

Question 158

When initiating an internal investigation, the commander should/shall meet with the investigator(s) and establish an investigative plan

Answer 158

shall

Question 159

Once an investigation has been initiated, the commander may/should/shall follow the case simply by reviewing the investigative plan form.

Answer 159

may