HPM 10.2 Internal Investigations

Question 1

Every manual shall contain a _____ and an _______.

Answer 1

Purpose, Objective

Question 2

Policy is defined as ____________ that establish direction toward the accomplishment of departmental objectives.

Answer 2

written statements

Question 3

The six types of penalties for adverse actions are as follows:

Answer 3

Formal Written Reprimand

Salary Reduction within Salary Range of the class

Suspension

Involuntary Transfer

Demotion

Dismissal (HPM 10.2, 2-3)

Question 4

What is a Coleman hearing?

Answer 4

The process by which an employee who has resigned by being absent without leave (AWOL) has the opportunity to present information to an impartial and uninvolved departmental member with the authority to recommend a final disposition. (HPM 10.2, 2-6)

Question 5

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 how many days?

Answer 5

15 calendar days (HPM 10.2, 4-16)

Question 6

An employee may file an appeal with the SPB no later than how many days after the Notice of Adverse Action?

Answer 6

30 calendar day (HPM 10.2, 9-12)

Question 7

Corrective documentation can take the form of any of the following:

Answer 7

Monthly evaluations comment (CHP 100, CHP 100PSD, CHP 112,etc)

Memorandum of Counseling

Memorandum of Direction

Censurable CHP 2 (HPM 10.2, 3-7)

Question 8

The assigned primary investigator shall be ______ than the highest ranking involved employee, unless otherwise approved by the Division commander or appropriate Assistant Commissioner?

Answer 8

At least one rank higher (HPM 10.2, 4-4)

Question 9

Interviews can be accomplished by a single investigator or by investigative team, limited to a maximum of ______?

Answer 9

Two investigators (10.2, 4-5)

Question 10

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

Answer 10

30 calendar days (HPM 10.2, 9-12)

Question 11

Rejections During Probation. A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than ____ after the effective date of the rejection?

Answer 11

15 calendar days (HPM 10.2, 9-12)

Question 12

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

Answer 12

Formal written reprimand,

Suspension of 1 to 5 working days, or equivalent monthly step reduction. (HPM 10.2, 8-4)

Question 13

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:

Answer 13

Suspension of 6 to 20 working days, or the equivalent monthly step reduction,

Removal from a specialty pay position (Bargaining Unit 5 personnel) (HPM 10.2, 8-4)

Question 14

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

Answer 14

Dismissal

Demotion

Suspension > 20 days or equivalent monthly reduction

Rejection during probation

Non-punitive termination (HPM 10.2, 8-5)

Question 15

How many consecutive days must an employee be absent without leave to be considered AWOL?

Answer 15

5 days (HPM 10.2, 2-5)

Question 16

Of the four outcomes for an administrative investigation does AWOL, failure to meet minimum qualifications, and medical disqualifications fall under?

Answer 16

Non-punitive termination (HPM 10.2, 2-4)

Question 17

The Bazemore admonition shall be included in all ________ which are counseling or remedial in nature. The Bazemore admonition ______ be stated verbatim

Answer 17

Memoranda of Direction (MOD)

Shall (HPM 10.2, 3-8)

Question 18

Search of Locker/Storage. 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 of the following conditions:

Answer 18

In the involved employee’s presence

With the involved employee’s consent.

After a valid search warrant has been obtained. If requesting a search warrant, the appropriate prosecuting authority should be consulted after notifying the appropriate Assistant Commissioner.

When the involved employee has been notified that the search will be conducted. The employee should be provided a reasonable opportunity to respond to the Department’s search location and observe the search. (HPM 10.2, 11-10)

Question 19

Per GC 19635, No adverse action shall be valid against any state employee for any cause for discipline…, unless notice of adverse action is served within _____ years after the cause for discipline, upon which the notice is based first arose.

Answer 19

3 years

Question 20

Pursuant to GC 3304, 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 by a person authorized to initiate an internal investigation?

Answer 20

One year (HPM 10.2, 4-12)

Question 21

POBR regs allow an employee how many days to submit written response to any adverse comment entered into the employee’s personnel file, including a censurable CHP 2, MOD, or MOF?

Answer 21

30 days. A copy shall be attached to copies of the investigation, including the copy retained by OIA. (HPM 10.2, 7-9)

Question 22

All notices of disciplinary action shall be served within ____ of the decision in impose discipline, defined as when the notice is approved by the Office of the Commissioner?

Answer 22

30 calendar days (HPM 10.2, 8-11)

Question 23

How many days does the PDH officer have to respond to a written response from an employee as a result of an AA? What about verbal response from the employee?

Answer 23

14 calendar days if written

7 calendar day if verbal (HPM 10.2, 9-8)

Question 24

Can an employee use leave credits to satisfy an entire suspension period of 5 days or less? What about for suspension of 6 days or more?

Answer 24

5 days or less, YES. Leave credits can be used for the entire suspension period.

6 days or more: leave credits are used for only up to half of the suspension period. (HPM 10.2, 9-10)

Question 25

If an employee separates from the Department during an internal investigation, the AA gets converted to what kind of investigation?

Answer 25

Miscellaneous Investigation (HPM 10.2, 10-3)

Question 26

What CHP employees are not protected under the POBR?

Answer 26

Cadets (HPM 10.2, 11-3)

Question 27

In the course of authorized video review, there is a possibility of discovering policy and/or criminal violations committed by the MVARS users. If unrelated improper conduct is discovered during the review of MVARS video, the following will apply: Conduct not rising to the level of adverse action should be viewed as a ______? The manager or supervisor should discuss the

Answer 27

Training opportunity (HPM 10.2, 5-11)