HPM 10.2, Internal Investigations

Question 1

An administrative investigation has four possible outcomes. (list)

Answer 1

1. Adverse action
2. RDP
3. Misc
4. Non-punitive termination

Question 2

What are the six penalties of an adverse action?

Answer 2

Formal written reprimand
Suspension
Reduction in salary
Demotion
Involuntary transfer
Dismissal

Question 3

Commanders ________________require all involved supervisory and managerial staff to review POBR as initial steps of an administrative investigation.

Answer 3

should require

Question 4

Serious Misconduct. Penal Code Section 13510.8 statutorily defines serious misconduct to include all of the following: (9 things)

Answer 4

Dishonesty
Abuse of power
physical abuse
sexual assault
Demonstrating bias
acts that violate the law
participation in a law enforcement gang
failure to cooperate
failure to intercede

Question 5

Absent Without Leave. Absent Without Leave (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 5

five

Question 6

Can a CHP 2 be issued if adverse action will be taken against the employee for the same acts?

Answer 6

shall not

Question 7

What types of closing documentation can be provided to an employee at the conclusion of an internal investigation?

Answer 7

Notice of Adverse Action
MOD
MOF
or CHP 2

Question 8

Collective Bargaining Agreement. A contract between an employer and a labor union regulating …..

Answer 8

employment conditions, wages, benefits, and grievances.

Question 9

Examples of corrective actions include the following:

Answer 9

a. Informal Counseling
b. Formal Counseling
c. Monthly Evaluation Comments.
d. Memorandum of Counseling.
e. Censurable CHP 2, Incident Report.
f. Memorandum of Direction

Question 10

__________________________ will initiate the one-year time frame

Answer 10

Division Aware Date

Question 11

f. Adverse Action Extension. Area and Division commanders should ensure the investigation is forwarded to the IAS within ____________ days from the date the investigation was initiated.

Answer 11

60 calendar

Question 12

Notice of Administrative Time Off Without Pay. If an employee is placed on unpaid ATO as part of an internal investigation, the investigation must be completed, and the employee served an NOAA, within ______________ days

Answer 12

15 calendar

Question 13

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 one of the following conditions:

Answer 13

(1) In the involved employee’s presence.
(2) With the involved employee’s consent.
(3) 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.
(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 14

a. Interviewed Departmental Employees. An interview of a departmental employee for an administrative investigation ___________ be digitally recorded.

Answer 14

shall

Question 15

Notice of Administrative Interrogation is required to inform the employee under investigation of the following:

Answer 15

(1) The nature and scope of the interrogation.
(2) The rank, name, and command of the lead and assistant interrogator.
(3) The date, time, and location of the interrogation.
(4) The employees right to be represented by a representative of their choice.

Question 16

The respective Assistant Commissioner, in the chain of command of the involved employee (Staff or Field), is the delegated disciplinary authority of administrative investigations with a recommended penalty of:

Answer 16

(1) Formal Written Reprimand.
(2) Suspension of one (1) to 20 working days, or the equivalent monthly step reduction.
(3) Removal from a specialty pay position for Bargaining Unit 5 personnel.

Question 17

Commissioner. The Commissioner, or Deputy Commissioner in the absence of the Commissioner, is the final disciplinary authority of administrative investigations with a recommended penalty of:

Answer 17

(1) Suspensions in excess of 20 working days, or the equivalent monthly step reduction.
(2) Demotion.
(3) Dismissal.
(4) Rejection During Probation.
(5) Non-Punitive Termination.

Question 18

The IAS shall ensure administrative investigations that result in a formal written reprimand are purged after a period of _______ years.

Answer 18

three (3)

Question 19

Pursuant to PC 832.5(b) adverse actions arising from a sustained civilian complaint shall be retained for ___________.

Answer 19

15 years

Question 20

Field Personnel Folder Retention. An employee’s signed notice and the associated CHP 7C and DLPA notification shall be maintained for __________ years from the date of the service of the notice, then purged.

Answer 20

five (5)

Question 21

____________________ means any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office

Answer 21

Brady list

Question 22

a. Command. Once approval for the SAAP has been given, the Area commander has _____________ days to draft and submit the CHP 7S to Division for review. Submission of the CHP 7S should be made electronically, via e-mail.

Answer 22

10 business