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2025 Sgt Test (updated) > HPM 10.2 - Internal Investigations > Flashcards

HPM 10.2 - Internal Investigations Flashcards

Adverse Action: suspensions, dismissal, demotion, DA, Internal Investigations, Criminal Investigations, Resignations, Coleman

1
Q

All instances of alleged misconduct on the part of departmental employees shall be investigated and, when appropriate, _______ ______ or ________ ______ _________ be initiated.

A

Adverse Action or,
Rejection during probation

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2
Q

The Public Safety Officers Procedural Bill of Rights (POBR) Act applies to all probationary and permanent departmental personnel who are peace officers. By policy the Department has extended the POBR rights to _______ (who)?

A

All employees, EXCEPT Cadets

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3
Q

Who is the final approval authority for all adverse action penalties?

A

Commissioner

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4
Q

______ is the final level of review for Formal Written Reprimand up to, and including, five-day suspensions, or the equivalent number of monthly step reductions in salary?

A

Division

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5
Q

The ____________, _____ is responsible for review and approval of six through 20-day suspensions, the equivalent number of monthly step reductions in salary, or removal of BU 5 personnel from specialty pay positions for field personnel?

A

Assistant Commissioner, Field

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6
Q

The __________, ______ is responsible for review and approval of all actions recommending a penalty of six through 20-day suspensions, the equivalent number of monthly step reductions, for headquarters personnel, and rejections during probation for cadets?

A

Assistant Commissioner, Staff

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7
Q

____________ or __________ is the final level of review for all suspensions in excess of 20 days, or the equivalent number of monthly step reductions, dismissals, demotions, and rejections during probation, except rejections of cadets

A

Commissioner or Deputy Commissioner

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8
Q

The purpose of the _________ ______ _____ is to recommend whether or not the allegations merit dismissal or a lesser punishment. The panel is not a trier of fact to evaluate evidence and determine if, in fact, an offense occurred.

A

Dismissal Review Panel

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9
Q

An adverse action is defined as…

A

Dismissal, Demotion, Suspension, or other Disciplinary Action

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10
Q

The Investigations Unit within BIA has two primary functions, what are the functions?

A

Conducting Internal Investigations
and,
Investigating possible workers comp fraud.

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11
Q

Adverse action does not include: ______, ______, ______, or ______________.

A

Censurable CHP 2, Memorandums, Correctional/Direction, or other documentation of supervisory counseling.

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12
Q

The __________ _____ may reject a probationer for reasons relating to the probationer’s qualifications, the good of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility.

A

Appointing power

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13
Q

Who may initiate rejection during probation with the concurrence of the next level of command?

A

Any Commander or designee

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14
Q

When dismissal or rejection during probation is probable, and with the concurrence of the next level of command, the commander shall consider _________.

A

Relieving the employee of his/her assigned duties

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15
Q

The employee may be _____________ or _________ if the circumstances warrant, the commander may request to place the employee on a ____________ without pay.

A

Reassigned to Administrative duties, removed from the public

A leave of absence without pay.

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16
Q

Approval from the _____________ must be obtained before the commander may place an employee on leave of absence with pay.

A

Office of the Commissioner

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17
Q

If continued presence of the employee will hamper the investigation, allow access to evidence, or create a major disruption, a _____ __ _______ ____ ___ may be warranted.

A

Leave of Absence with pay

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18
Q

When an employee is placed on Leave of Absence With Pay exceeding ____ days, the Department must notify DPA.

A

Five days

(BIA makes this notification.)

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19
Q

For a leave exceeding __ working days, BIA must obtain approval from DPA.

A

Exceeding 30 days

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20
Q

Who shall be immediately notified by COMM-NET, fax, or e-mail when an employee is placed on Leave of Absence With Pay?

A
  • Next level of Command
  • Office of appropriate Assistant Commissioner
  • Bureau of Internal Affairs (BIA)
  • Personnel Services Section (PSS)
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21
Q

When serving the employee with the Notice of Leave of Absence With pay, what copy is given to the employee?

A

The original goes to the employee

(copies shall be retained for later inclusion in the investigation files)

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22
Q

The commander may terminate the Leave by giving __ hours notice in writing to the employee?

A

48 hour notice

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23
Q

In the event a Leave of Absence With Pay is not requested or approved, but the commander wishes to remove the member’s peace officers powers, he/she may do so with the approval (through channels) of the ________ _______.

A

Appropriate Assistant Commissioner

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24
Q

The commander shall accept a resignation submitted voluntarily by an employee against whom adverse action or rejection during probation is pending. Regardless of the circumstances under which the employee separates from the Department, the _____________ _____ __ _________.

The commander shall accept a resignation submitted voluntarily by an employee against whom adverse action or rejection during probation is pending. Regardless of the circumstances under which the employee separates from the Department, the _____________ _____ __ _________.

A

Investigation shall be completed

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25
Q

It is improper for managers or supervisors to exert undue influence, or to subject employees to duress, to obtain a ___________?

A

Resignation

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26
Q

When a employee indicates an intention to resign due to an alleged act of misconduct or substandard performance, what shall be used as a guideline in accepting his/her resignation?

A

Suggest the employee seek advice from others prior to making a final decision (i.e., union representative, attorney, family…)

Give the employee the opportunity and a reasonable amount of time to consult with an advisor and reach a final decision (24 hours is normally sufficient, but not required)

It is the employees RIGHT to resign immediately. The resignation shall be accepted. The fact he/she was asked to seek advice and allowed the opportunity to do shall be documented.

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27
Q

The purpose of an internal investigation shall be to gather facts which will either _____ ___ ________, provide a basis for corrective action, or lead to _______ ______.

A

Clear the employee

Adverse Action

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28
Q

Whenever circumstances dictate that an internal investigation is necessary, commanders shall send a brief comm-net message, fax, or e-mail describing the nature of the incident to ________.

A

Division

29
Q

Areas will provide updates as to the status of ongoing investigations to Divisions via comm-net, fax, or e-mail on the _____ of each month?

A

First of the month

30
Q

An investigation update is not required for the first month, if the original notification is sent after the ____ of the previous month?

A

20th of the month

31
Q

Commanders shall ensure the primary investigator is at least ___ ____ ______ than the involved employee?

A

One rank higher

32
Q

Whenever any employee of this Department, including the employee subject to investigation, learns that another agency is conducting any investigation involving departmental personnel, he/she shall immediately notify his/her ________.

A

Commander

33
Q

The duty to report as outlined in question 1316 shall include all investigations with the exception of acts constituting an __________.

A

Infraction

34
Q

In conducting the investigation, allegations are identified separately and arranged, if possible, in chronological order. Included are ___ ___________ that surface during the investigation.

A

New allegations

35
Q

Witness information for a witness requesting confidentiality is to be placed in an __________ and retained by ____________.

A

Envelope marked Confidential

and retained by the originating command.

36
Q

The witness who asked to remain confidential and any identifying information shall be omitted from all investigative files, and the witness referred to only as _________ ______ __.

A

Confidential Witness # 1

37
Q

Statements of primary witnesses _____ (shall/should/may) be tape recorded and should be transcribed for potentially serious cases?

A

Shall

38
Q

Statements prepared by witnesses ______ (shall/should) be signed?

A

Should

39
Q

Gather all available physical evidence. All ________ documents, negatives, video tapes, etc., shall be entered into evidence and a CHP 36, Evidence Report be completed.

A

Original

40
Q

Uniformed members may carry tape recorders while on duty to record citizen contacts, law enforcement actions, and other matters. Such recordings are made under the authority of, and within the scope of employment as an employee of the CHP. As a result, employees can be instructed, under penalty of insubordination, __ _______ ____ ____ __________ to the Department.

A

To provide such tape recordings

41
Q

All searches and seizures conducted by the investigator must comply with the ____ or related case law.

A

POBR

42
Q

The administrative side of the CHP 8 shall be read to an employee prior to interrogating them on matters which could lead to an _______ ______.

A

Adverse Action

43
Q

The complete interrogation of the employee shall be _______.

A

Recorded

44
Q

If requested, the employee shall be given a copy of the tape or any transcription of the interrogation prior to any __________ ____________.

A

Subsequent Interrogation

45
Q

The employee being interrogated, or his/her representative, has the right to bring his/her own recording device. (True or False)

A

True

46
Q

When tape recording the interrogation, it shall be done with the employees knowledge. (True or False)

A

True

47
Q

For all dismissal cases and those involving serious allegations, the employee’s interrogation should be ___________ in its entirety.

A

Transcribed

48
Q

In most instances, the allied agency should conduct the criminal investigation so their report may be used by the Department as a ________ _____ in the administrative investigation.

A

Starting point

49
Q

Any reports and/or records of arrests which have not resulted in conviction, may not be used as the ____ ________ for administrative action.

A

Sole Criteria

50
Q

If prosecution is intended, an ___________ _____________ would not normally be required unless additional information is needed to reach a proper conclusion as to adverse action.

A

Administrative interrogation

51
Q

In those cases where prosecution is intended, whenever possible, the administrative interrogation shall be coordinated with the ___________ ________.

A

Prosecuting Authority

52
Q

Evidence gathered during an administrative investigation shall not be released to an allied agency without first contacting the _____ ____________ ____.

A

Legal Coordination Unit

53
Q

Incriminating statements obtained from an employee during an administrative interrogation without prior Miranda admonishment and waiver of rights may not be used against him/her in any ________ __________.

A

Criminal Proceedings

54
Q

Civil rights violations are identified in federal statutes and are ________ in nature.

A

Criminal

55
Q

In the event an employee of this Department is requested to be interviewed by investigators pursuant to civil rights violations, what guidelines apply?

A
  1. The decision to consent to an interview with an outside investigator shall be at the sole discretion of the departmental employee.
    2. If such an interview is conducted on state time, a departmental supervisor will be present.
    3. To preserve the accuracy of the statements, interviews conducted on state time will be tape recorded.
56
Q

If administrative action is the result of continued ____________ ___________, documentation shall be included showing the employee repeatedly failed to improve after being advised his/her performance was substandard and must be brought up to an acceptable level.

A

Substandard performance

57
Q

The productivity of the employee cannot be judged solely by __________ with other employees. However, when possible, documentation shall include work performance which is significantly below that of others performing like tasks.

A

Comparison

58
Q

The legal authority in California law regarding the discipline of represented state employees and managerial employees is contained in ___________.
(a) Government Code (GC) 19570-19593
(b) Government Code 19173
(c) Highway patrol Manual 10.2

A

(a) Government Code (GC) 19570-19593

59
Q

When a departmental supervisor is notified or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command ______.

If the alleged conduct is egregious, the supervisor or manager____ make immediate notification to the succeeding level in the chain of command.

A

Shall be made as soon as practical.

Shall

60
Q

Penalties of an adverse action include____.
(a) Formal Written reprimand, suspension, demotion, voluntary transfer
(b) Penalties are at the discretion of the Internal Affairs Unit.
(c) Suspension, Reduction in Salary, Demotion, Dismissal

A

(c) Suspension, Reduction in Salary, Demotion, Dismissal

61
Q

Employees may be rejected during the probationary period for reasons relating to____.
(a) The probationers qualifications, for the good of the service, failure to demonstrate merit, efficiency, fitness and moral responsibility.
(b) Upon the recommendation of the FTO with concurrence of the Commander.

A

(a) The probationers qualifications, for the good of the service, failure to demonstrate merit, efficiency, fitness and moral responsibility.

62
Q

The assigned primary investigator shall be _________ the involved employee.
(a) One rank higher than
(b) At least the same rank as
(c) One rank higher than , the same rank as or no more than one rank lower than

A

(a) One rank higher than

63
Q

If the source of a 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

A formal investigation shall not be undertaken without having a basis for believing there is merit to the complaint.

64
Q

Pursuant to Government code 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.
(a) 5 years
(b) 3 years
(c) 1 year
(d) 6 months

A

(c) 1 year

65
Q

If a department initiated leave of absence extends past ____calendar days, CAL-HR approval is required.
(a) 120
(b) 60
(c) 30
(d) 90

A

(c) 30 days

66
Q

All statements from departmental employees who are witnesses during internal investigations ____be recorded.
(a) Should
(b) May
(c) Shall
(d) Should not

A

(c) Shall

67
Q

An internal investigation investigative file shall be prepared using the following components.
(a) Investigative summary, findings, chronological summary, exhibits
(b) Investigative summary, findings, exhibits
(c) Investigative summary, Notification, findings, cause

A

(a) Investigative summary, findings, chronological summary, exhibits

68
Q

The Division commander is the final approval for adverse action with a penalty of suspension of _____ to ______ working days.

A

Suspension of one to five working days.

69
Q

The Coleman hearing is an informal review conducted by an “impartial and disinterested” representative of the appointing power as a response to _______.

A

Absent without leave proceedings.

(AWOL longer than 5 days)

2025 Sgt Test (updated) (7 decks)

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