HPM 10.2, Internal Investigations Flashcards by Maurice Teliha

HPM 10.2, CHAPTER 1, Introduction & Notification

GOVERNMENT CODE 19570-19593 CONTAINS THE CALIFORNIA LAW REGARDING DISCIPLINE OF REPRESENTED STATE EMPLOYEES AND MANAGERIAL EMPLOYEES.

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HPM 10.2, CHAPTER 1, Introduction & Notification

ALL INSTANCES OF ALLEGED MISCONDUCT BY DEPARTMENTAL EMPLOYEES SHALL BE INVESTIGATED AND, WHEN APPROPRIATE, ADVERSE ACTION OR REJECTION DURING PROBATION INITIATED.

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HPM 10.2, CHAPTER 1, Introduction & Notification

GOVERNMENT CODE 19173 PROVIDES THE AUTHORITY TO REJECT A PROBATIONARY EMPLOYEE FOR REASONS RELATING TO THE PROBATIONER’S QUALIFICATIONS, THE GOOD OF THE SERVICE, OR FAILURE TO DEMONSTRATE MERIT, EFFICIENCY, FITNESS, AND MORAL RESPONSIBILITY.

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HPM 10.2, CHAPTER 1, Introduction & Notification

COLLECTIVE BARGAINING AGREEMENTS (CBAs) CONTAIN THE TERMS AND CONDITIONS OF EMPLOYMENT FOR REPRESENTED EMPLOYEES. IF AN EMPLOYEE IS SUBJECT TO THE TERMS OF A CBA, IT SHALL ALWAYS BE REVIEWED. IF THE CBA HAS DIFFERENT PROCESSES, THE PROCESS IDENTIFIED IN THE CBA IS CONTROLLING.

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HPM 10.2, CHAPTER 1, Introduction & Notification

EXCEPT WHERE OTHERWISE INDICATED, THE AUTHORITY TO TAKE ADVERSE ACTION OR INITIATE A REJECTION DURING PROBATION IS VESTED WITH THE APPOINTING POWER, THE COMMISSIONER.

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HPM 10.2, CHAPTER 1, Introduction & Notification

EMPLOYEES MUST PROMPTLY OBEY ANY LAWFUL ORDERS OR DIRECTIVES FROM A SUPERVISOR, MANAGER, OR OFFICER-IN-CHARGE.

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HPM 10.2, CHAPTER 1, Introduction & Notification

ANY EMPLOYEE WHO DISOBEYS OR DISREGARDS A LAWFUL ORDER OR DIRECTIVE (VERBAL OR WRITTEN) GIVEN BY A SUPERVISOR, MANAGER, OR OFFICER-IN-CHARGE MAY BE SUBJECT TO DISCIPLINARY ACTION.

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HPM 10.2, CHAPTER 1, Introduction & Notification

EMPLOYEES SHALL NEVER OBEY ORDERS THEY KNOW OR REASONABLY SHOULD HAVE KNOWN WOULD REQUIRE THEM TO COMMIT REASONABLY-APPARENT ILLEGAL ACTS.

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HPM 10.2, CHAPTER 1, Introduction & Notification

THE PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS (POBR) IS SPECIFIED IN CALIFORNIA GOVERNMENT CODE 3300.

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HPM 10.2, CHAPTER 1, Introduction & Notification

BY LAW, POBR APPLIES TO ALL PROBATIONARY AND PERMANENT PERSONNEL WHO ARE PEACE OFFICERS. BY POLICY, THE DEPARTMENT HAS EXTENDED POBR RIGHTS TO ALL OTHER EMPLOYEES WITH THE EXCEPTION OF CADETS.

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HPM 10.2, CHAPTER 1, Introduction & Notification

MANAGERS AND SUPERVISORS SHALL ENSURE ALL INVESTIGATIONS ARE CONDUCTED IN COMPLIANCE WITH THE PROVISIONS OF POBR AND PROTECT THE RIGHTS OF EMPLOYEES.

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HPM 10.2, CHAPTER 1, Introduction & Notification

WHEN A DEPARTMENTAL SUPERVISOR OR MANAGER IS NOTIFIED OF OR DISCOVERS ALLEGED MISCONDUCT ON THE PART OF AN EMPLOYEE, NOTIFICATION TO THE NEXT LEVEL IN THE CHAIN OF COMMAND SHALL BE MADE AS SOON AS IT IS PRACTICAL. IF THE ALLEGED MISCONDUCT IS EGREGIOUS, THE SUPERVISOR OR MANAGER SHALL MAKE IMMEDIATE NOTIFICATION TO THE SUCCEEDING LEVEL IN THE CHAIN OF COMMAND.

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HPM 10.2, CHAPTER 1, Introduction & Notification

THE OFFICE OF INTERNAL AFFAIRS (OIA), WHICH REPORTS DIRECTLY TO THE OFFICE OF THE ASSISTANT COMMISSIONER, STAFF, IS THE DEPARTMENT’S PRIMARY RESOURCE FOR GUIDANCE AND ASSISTANCE WITH THE INTERNAL INVESTIGATION PROCESS.

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HPM 10.2, CHAPTER 2, Terms & Definitions

AN OFFICIAL INQUIRY, UTILIZING DEPARTMENTAL INVESTIGATIVE RESOURCES, INTO ALLEGED MISCONDUCT BY DEPARTMENTAL EMPLOYEES.

INTERNAL INVESTIGATION

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HPM 10.2, CHAPTER 2, Terms & Definitions

A FORMAL INVESTIGATION INTO ALLEGED CRIMINAL MISCONDUCT WHICH MAY LEAD TO EXONERATION OR A RECOMMENDATION OF CRIMINAL PROSECUTION.

CRIMINAL INVESTIGATION

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HPM 10.2, CHAPTER 2, Terms & Definitions

A FORMAL INVESTIGATION INTO ALLEGED VIOLATIONS OF POLICIES OR PROCEDURES, OR POOR PERFORMANCE, RESULTING IN EITHER EXONERATION OR ADMINISTRATIVE SANCTIONS, OR OTHER CIVIL MISCONDUCT CONTEMPLATED BY GOVERNMENT CODE 19572.

ADMINISTRATIVE INVESTIGATION

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HPM 10.2, CHAPTER 2, Terms & Definitions

AN ADMINISTRATIVE INVESTIGATION HAS FOUR POSSIBLE OUTCOMES:

ADVERSE ACTION
REJECTION DURING PROBATION
MISCELLANEOUS INVESTIGATION
NON-PUNITIVE TERMINATION

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HPM 10.2, CHAPTER 2, Terms & Definitions

A DISCIPLINARY LEGAL ACTION TAKEN IN RESPONSE TO AN EMPLOYEE’S MISCONDUCT OR CONTINUED FAILURE TO MEET THE RULES OF CONDUCT ESTABLISHED BY LAW AND/OR DEPARTMENTAL POLICY.

ADVERSE ACTION

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HPM 10.2, CHAPTER 2, Terms & Definitions

PENALTIES OF ADVERSE ACTIONS CONSIST OF:

FORMAL WRITTEN REPRIMAND
SUSPENSION
REDUCTION IN SALARY
DEMOTION
INVOLUNTARY TRANSFER
DISMISSAL

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HPM 10.2, CHAPTER 2, Terms & Definitions

THE DEPARTMENT MAY REJECT ANY EMPLOYEE DURING THE PROBATIONARY PERIOD FOR REASONS RELATING TO THE PROBATIONER’S QUALIFICATIONS, FOR THE GOOD OF THE SERVICE, OR FOR FAILURE TO DEMONSTRATE MERIT, EFFICIENCY, FITNESS, AND MORAL RESPONSIBILITY.

REJECTION DURING PROBATION

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HPM 10.2, CHAPTER 2, Terms & Definitions

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.

MISCELLANEOUS INVESTIGATION

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HPM 10.2, CHAPTER 2, Terms & Definitions

ACTIONS RESULTING IN INVOLUNTARY SEPARATION FROM STATE SERVICE, ALTHOUGH NOT AS A DISCIPLINARY MEASURE. EXAMPLES INCLUDE TERMINATION RESULTING FROM ABSENCE WITHOUT LEAVE, FAILURE TO MEET MINIMUM QUALIFICATIONS, AND MEDICAL DISQUALIFICATION.

NON-PUNITIVE TERMINATION

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HPM 10.2, CHAPTER 2, Terms & Definitions

THE DEPARTMENT SHALL ONLY INVESTIGATE ALLEGATIONS OF MISCONDUCT WHEN THERE IS A NEXUS (OR CONNECTION), BETWEEN THE ACT(S) AND THE INDIVIDUAL’S EMPLOYMENT WITH THE DEPARTMENT. SUCH A NEXUS IS NECESSARY TO ESTABLISH A BASIS FOR DISCIPLINARY OR CORRECTIVE ACTION.

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HPM 10.2, CHAPTER 2, Terms & Definitions

NEXUS TO EMPLOYMENT IS ESTABLISHED IN THE FOLLOWING CIRCUMSTANCES:

1) THE ACT(S) OCCURRED WHILE THE EMPLOYEE WAS ON DUTY, REGARDLESS OF LOCATION OR ASSIGNMENT.
2) ALL CRIMINAL ACTS BY UNIFORMED EMPLOYEES, EITHER ON OR OFF DUTY.
3) ALL CRIMINAL ACTS BY NON-UNIFORMED EMPLOYEES, EITHER ON OR OFF DUTY, WHICH CONSTITUTE A FELONY OR CRIME OF MORAL TURPITUDE.
4) WHILE OFF DUTY, AN INDIVIDUAL’S EMPLOYMENT STATUS IS AFFIRMATIVELY ESTABLISHED BY AN OVERT ACT.
5) ANY OFF DUTY MISCONDUCT WITH A CLEAR CONNECTION TO THE EMPLOYEE’S CONTINUED ABILITY TO EFFECTIVELY PERFORM THE DUTIES OF THE EMPLOYEE’S POSITION.
6) THE MISCONDUCT IS OF SUCH A NATURE THAT IT COULD BRING DISCREDIT TO THE DEPARTMENT.
7) NORMALLY, MERE KNOWLEDGE OF EMPLOYMENT STATUS WITH THE DEPARTMENT IS INSUFFICIENT TO ESTABLISH A NEXUS.

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HPM 10.2, CHAPTER 2, Terms & Definitions THE FORMAL AND DIRECT QUESTIONING OF AN EMPLOYEE TO DETERMINE THE FACTS OF AN INTERNAL INVESTIGATION.

ADMINISTRATIVE INTERROGATION

HPM 10.2, CHAPTER 2, Terms & Definitions A DOCUMENT UTILIZED BY THE DEPARTMENT TO COMPEL THE PRODUCTION OF PAPERS, BOOKS, ACCOUNTS, AND DOCUMENTS.

ADMINISTRATIVE SUPOENA

HPM 10.2, CHAPTER 2, Terms & Definitions A LEAVE OF ABSENCE INITIATED BY THE DEPARTMENT

ADMINISTRATIVE TIME OFF

HPM 10.2, CH 2, Terms & Definitions THE PROCESS OF RESOLVING A DISPUTE OR GRIEVANCE OUTSIDE OF THE COURT SYSTEM THROUGH AN IMPARTIAL THIRD PARTY.

ARBITRATION

HPM 10.2, CHAPTER 2, Terms & Definitions ABSENCE FOR FIVE CONSECUTIVE WORKING DAYS (WHETHER THE ABSENCE WAS VOLUNTARY OR INVOLUNTARY) IS CONSIDERED AN AUTOMATIC RESIGNATION FROM STATE SERVICE, EFFECTIVE THE LAST DAY THE EMPLOYEE WORKED.

ABSENCE WITHOUT LEAVE

HPM 10.2, CHAPTER 2, Terms & Definitions 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 BAZEMORE ADMONITION. SHALL BE INCLUDED IN ALL MEMORANDA OF DIRECTION (MOD) WHICH ARE COUNSELING OR REMEDIAL IN NATURE.

BAZEMORE ADMONITION

HPM 10.2, CHAPTER 2, Terms & Definitions BRADY MATERIAL CONSISTS OF EXCULPATORY OR IMPEACHING INFORMATION THAT IS MATERIAL TO THE GUILT OR PUNISHMENT OF THE DEFENDANT.

HPM 10.2, CHAPTER 2, Terms & Definitions A PROCESS BY WHICH A COMMANDER OVERSEES AN ONGOING INVESTIGATION.

CASE MANAGEMENT

HPM 10.2, CHAPTER 2, Terms & Definitions A RECORD OF COMMENDABLE ACTS, OUTSTANDING LEVELS OF PERFORMANCE, OUTSTANDING ACCOMPLISHMENTS, OR EFFORTS TOWARD SELF-IMPROVEMENT.

COMMENDABLE CHP 2, INCIDENT REPORT

HPM 10.2, CHAPTER 2, Terms & Definitions A RECORD OF CENSURABLE ACTS OR OMISSIONS WHICH IS INTENDED TO CORRECT INAPPROPRIATE BEHAVIOR, CONDUCT, OR PERFORMANCE.

CENSURABLE CHP2, INCIDENT REPORT

HPM 10.2, CHAPTER 2, Terms & Definitions ``` THE FINAL DOCUMENT PROVIDED TO AN EMPLOYEE AT THE CONCLUSION OF AN INTERNAL INVESTIGATION. EXAMPLES: - NOTICE OF ADVERSE ACTION - MEMORANDUM OF DIRECTION (MOD) - MEMORANDUM OF FINDINGS (MOF) - CHP 2, INCIDENT REPORT ```

CLOSING DOCUMENTS

HPM 10.2, CHAPTER 2, Terms & Definitions 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.

COLEMAN HEARING

HPM 10.2, CHAPTER 2, Terms & Definitions A CONTRACT BETWEEN AN EMPLOYER AND A LABOR UNION REGULATING EMPLOYMENT CONDITIONS, WAGES, BENEFITS, AND GRIEVANCES.

COLLECTIVE BARGAINING AGREEMENT (CBA)

HPM 10.2, CHAPTER 2, Terms & Definitions LOWERING OF AN EMPLOYEE'S RANK OR CLASSIFICATION RESULTING FROM AN ADVERSE ACTION.

DEMOTION

HPM 10.2, CHAPTER 2, Terms & Definitions A COMPLETE AND FINAL PUNITIVE SEPARATION FROM THE DEPARTMENT RESULTING FROM AN ADVERSE ACTION.

DISMISSAL

HPM 10.2, CHAPTER 2, Terms & Definitions A PANEL CONSISTING OF FIVE MEMBERS WHO ARE CONVENED AT THE REQUEST OF THE COMMISSIONER OR DEPUTY COMMISSIONER AFTER THE REVIEW PROCESS OF AN INTERNAL INVESTIGATION HAS BEEN COMPLETED. THE PANEL DETERMINES WHETHER THE ALLEGATIONS AGAINST AN EMPLOYEE MERIT DISMISSAL OR A LESSER PENALTY.

DISMISSAL REVIEW PANEL

HPM 10.2, CHAPTER 2, Terms & Definitions KNOWINGLY PROVIDING FALSE STATEMENTS, MAKING AN INTENTIONAL MISREPRESENTATION OF FACTS, OR INTENTIONALLY OMITTING INFORMATION OF A MATERIAL NATURE.

DISHONESTY

HPM 10.2, CHAPTER 2, Terms & Definitions A RESTRAINING ORDER ISSUED AT THE REQUEST OF A LAW ENFORCEMENT OFFICER IN RESPONSE TO A DOMESTIC VIOLENCE VICTIM WHO IS IN GENERAL DANGER.

EMERGENCY PROTECTIVE ORDER (EPO)

HPM 10.2, CHAPTER 2, Terms & Definitions ANY TESTIMONY, DOCUMENT, OR TANGIBLE OBJECT WHICH TENDS TO PROVE OR DISPROVE AN ALLEGED FACT.

EVIDENCE

HPM 10.2, CHAPTER 2, Terms & Definitions A DOCUMENT, RECORD, OR OTHER TANGIBLE OBJECT ATTACHED TO THE INVESTIGATIVE FILE WHICH IS RELEVANT TO THE ALLEGATIONS CONTAINED THEREIN.

EXHIBIT

HPM 10.2, CHAPTER 2, Terms & Definitions WHEN A PERMANENT OR PROBATIONARY EMPLOYEE FAILS TO MEET THE MINIMUM QUALIFICATIONS REQUIRED FOR A POSITION, THE EMPLOYEE MUST BE INFORMED OF THIS AND PROHIBITED FROM FURTHER WORK IN THE CURRENT CLASSIFICATION.

FAILURE TO MEET MINIMUM QUALIFICATIONS

HPM 10.2, CHAPTER 2, Terms & Definitions THE LOWEST LEVEL OF ADVERSE ACTION AND IS CONSIDERED A "MINOR ADVERSE ACTION" UNDER CERTAIN CBAs OR "LESSER ADVERSE ACTION" FOR NON-REPRESENTED EMPLOYEES. DOES NOT RESULT IN A MONETARY PENALTY.

FORMAL WRITTEN REPRIMAND

HPM 10.2, CHAPTER 2, Terms & Definitions THE AUTHORITY AND SPECIFIC SECTIONS FOR TAKING ADVERSE ACTION AGAINST AN EMPLOYEE.

GOVERNMENT CODE 19572

HPM 10.2, CHAPTER 2, Terms & Definitions THE FORMAL, DIRECT QUESTIONING OF A WITNESS AS PART OF AN INTERNAL INVESTIGATION.

INTERVIEW

HPM 10.2, CHAPTER 2, Terms & Definitions A PLAN FORMULATED BY THE ASSIGNED INVESTIGATOR, IN CONJUNCTION WITH A SUPERVISOR, AS PART OF AN INTERNAL INVESTIGATION,

INVESTIGATIVE PLAN

HPM 10.2, CHAPTER 2, Terms & Definitions A REMOVAL FROM A CURRENT ASSIGNMENT AND ADMINISTRATIVE TRANSFER TO ANOTHER ASSIGNMENT WHICH DOES NOT RESULT IN A PAY REDUCTION.

INVOLUNTARY TRANSFER

HPM 10.2, CHAPTER 2, Terms & Definitions A PERIOD OF TIME WHEREIN AN EMPLOYEE IS DIRECTED TO REMAIN AWAY FROM THE WORK LOCATION DURING SCHEDULED DUTY HOURS, EITHER ON PAID OR NON-PAID STATUS.

LEAVE OF ABSENCE

HPM 10.2, CHAPTER 2, Terms & Definitions AN ADMONISHMENT GIVEN IN ADMINISTRATIVE INTERROGATIONS WHICH ADVISES THE SUBJECTS OF THE INTERROGATIONS THAT THEY DO NOT HAVE THE RIGHT TO REFUSE TO ANSWER ADMINISTRATIVE QUESTIONS. FAILURE TO ANSWER QUESTIONS WILL BE DEEMED INSUBORDINATION. STATEMENTS MADE DURING AN ADMINISTRATIVE INTERROGATION CAN NOT BE USED IN A SUBSEQUENT CRIMINAL PROCEEDING.

LYBARGER ADMONISHMENT

HPM 10.2, CHAPTER 2, Terms & Definitions MEMORANDUM ISSUED TO AN EMPLOYEE TO FORMALLY DOCUMENT SUPERVISORY COUNSELING PERTAINING TO MISCONDUCT, BEHAVIOR, OR POOR PERFORMANCE.

MEMORANDUM OF COUNSELING

HPM 10.2, CHAPTER 2, Terms & Definitions MEMORANDUM ISSUED TO AN EMPLOYEE TO FORMALLY DOCUMENT MISCONDUCT, BEHAVIOR, OR POOR PERFORMANCE, AND TO PROVIDE SPECIFIC DIRECTION TO PRECLUDE A RECURRENCE.

MEMORANDUM OF DIRECTION

HPM 10.2, CHAPTER 2, Terms & Definitions MEMORANDUM ISSUED TO AN EMPLOYEE TO FORMALLY EXPLAIN THE EXPECTATIONS FOR CONDUCT OR PERFORMANCE.

MEMORANDUM OF EXPECTATIONS

HPM 10.2, CHAPTER 2, Terms & Definitions MEMORANDUM ISSUED TO AN EMPLOYEE TO DOCUMENT THE FINDINGS OF A MISCELLANEOUS INVESTIGATION OR CITIZEN'S COMPLAINT. USED WHEN THE EMPLOYEE IS EXONERATED OF MISCONDUCT OR WHEN SUBSTANTIATED MISCONDUCT IS NOT SEVERE ENOUGH TO WARRANT A MORE SEVERE ACTION.

MEMORANDUM OF FINDINGS

HPM 10.2, CHAPTER 2, Terms & Definitions DISCIPLINE WHICH INVOLVES A PENALTY CONSISTING OF A ONE TO FIVE WORKING DAY(S) SUSPENSION OR EQUIVALENT STEP-REDUCTION IN PAY. APPLIES TO BARGAINING UNIT 5 MEMBERS ONLY (OFFICERS AND SERGEANTS).

MINOR DISCIPLINE

HPM 10.2, CHAPTER 2, Terms & Definitions A WARNING THAT PEACE OFFICERS MUST GIVE TO A SUBJECT BEFORE CONDUCTING A CRIMINAL INTERROGATION, INCLUDING THE RIGHT TO REMAIN SILENT, THE RIGHT TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING, THE RIGHT TO A COURT APPOINTED ATTORNEY, STATEMENTS MADE CAN BE USED AGAINST THE SUBJECT IN COURT.

MIRANDA WARNING

HPM 10.2, CHAPTER 2, Terms & Definitions MIRANDA WARNINGS SHALL BE GIVEN WHEN AN EMPLOYING AGENCY IS CONDUCTING A CRIMINAL INVESTIGATION ON ONE OF ITS EMPLOYEES.

HPM 10.2, CHAPTER 2, Terms & Definitions ADVANCE NOTICE GIVEN TO AN EMPLOYEE (A REASONABLE LENGTH OF TIME) PRIOR TO AN ADMINISTRATIVE INTERROGATION.

NOTICE OF ADMINISTRATIVE INTERROGATION

HPM 10.2, CHAPTER 2, Terms & Definitions THE CLOSING DOCUMENT THE DEPARTMENT USES TO NOTIFY THE EMPLOYEE OF THE ADVERSE ACTION BEING TAKEN FOR SPECIFIED ACT(S) OF MISCONDUCT OR POOR PERFORMANCE.

NOTICE OF ADVERSE ACTION

HPM 10.2, CHAPTER 2, Terms & Definitions AN ELECTRICAL DEVICE SUCH AS A CELLULAR TELEPHONE, LAPTOP COMPUTER, ETC., OWNED BY AN EMPLOYEE BUT USED WHILE ON-DUTY, IN THE WORKPLACE, OR TO CONDUCT DEPARTMENTAL BUSINESS.

PERSONAL ELECTRONIC DEVICE

HPM 10.2, CHAPTER 2, Terms & Definitions AN UNBIASED, INDEPENDENT, NON-INVOLVED REVIEWER OF THE PROPOSED ADVERSE ACTION.

PRE-DISCIPLINARY HEARING OFFICER

HPM 10.2, CHAPTER 2, Terms & Definitions IT IS THE PROCESS WHEREBY A DEPARTMENTAL EMPLOYEE AND REPRESENTATIVE HAVE THE RIGHT TO PRESENT MATERIAL FOR WHICH A NOTICE OF ADVERSE ACTION OR REJECTION DURING PROBATION WAS SERVED, PRIOR TO THE PENALTY BEING IMPOSED.

PRE-DISCIPLINARY HEARING PROCESS | PREVIOUSLY KNOWN AS "SKELLY"

HPM 10.2, CHAPTER 2, Terms & Definitions THE GREATER WEIGHT OF THE EVIDENCE, NOT NECESSARILY BY THE GREATER NUMBER OF WITNESSES TESTIFYING TO A FACT, BUT BY EVIDENCE THAT HAS THE MOST CONVINCING FORCE. A SIGNIFICANTLY LESSER THRESHOLD THAN "BEYOND A REASONABLE DOUBT."

PREPONDERANCE OF EVIDENCE

HPM 10.2, CHAPTER 2, Terms & Definitions ESTABLISHED DUE PROCESS RIGHTS AND PROTECTIONS FOR PEACE OFFICERS WITHIN CALIFORNIA.

PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS (POBR) GOVERNMENT CODE 3300

HPM 10.2, CHAPTER 2, Terms & Definitions A PERCENTAGE REDUCTION IN SALARY FOR A SPECIFIED PERIOD OF TIME OR NUMBER OF PAY PERIODS.

REDUCTION IN SALARY

HPM 10.2, CHAPTER 2, Terms & Definitions REASSIGNMENT FROM A DESIGNATED SPECIALTY PAY POSITION.

REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITION

HPM 10.2, CHAPTER 2, Terms & Definitions A WRITTEN AGREEMENT BETWEEN AN EMPLOYEE, THE DEPARTMENT, AND, IF APPLICABLE, A COLLECTIVE BARGAINING UNIT SPECIFYING TERMS AND CONDITIONS RESOLVING THE APPEAL OF AN ADVERSE ACTION.

STIPULATED AGREEMENT

HPM 10.2, CHAPTER 2, Terms & Definitions A TEMPORARY SEPARATION FROM A CLASSIFICATION WITHOUT PAY.

SUSPENSION

HPM 10.2, CHAPTER 2, Terms & Definitions AN EMPLOYEE SUBMITS FALSIFIED INFORMATION REGARDING EDUCATION, WORK EXPERIENCE, MEDICAL INFORMATION, ETC., TO SUCH A DEGREE THAT THE EMPLOYEE WOULD NOT HAVE BEEN ELIGIBLE FOR THE POSITION.

FRAUD IN SECURING APPOINTMENT

HPM 10.2, CHAPTER 2, Terms & Definitions LACKING THE REQUISITE SKILLS OR ABILITIES TO EFFECTIVELY PERFORM ONE'S DUTIES.

INCOMPETENCY

HPM 10.2, CHAPTER 2, Terms & Definitions A FAILURE TO PERFORM ONE'S DUTIES PRODUCTIVELY AND CONSISTENTLY.

INEFFICIENCY

HPM 10.2, CHAPTER 2, Terms & Definitions AN INTENTIONAL OR GROSSLY NEGLIGENT FAILURE TO EXERCISE DUE DILIGENCE IN THE PERFORMANCE OF A KNOWN OFFICIAL DUTY WITHOUT LAWFUL EXCUSE OR JUSTIFICATION.

INEXCUSABLE NEGLECT OF DUTY

HPM 10.2, CHAPTER 2, Terms & Definitions A DEMONSTRATED UNWILLINGNESS TO SUBMIT TO AUTHORITY.

INSUBORDINATION

HPM 10.2, CHAPTER 2, Terms & Definitions LACKING HONESTY OR INTEGRITY. MISREPRESENTATION OF A KNOWN MATERIAL FACT.

DISHONESTY

HPM 10.2, CHAPTER 2, Terms & Definitions INTOXICATION WHILE ON DUTY AS A RESULT OF ALCOHOL AND/OR DRUGS.

DRUNKENNESS ON DUTY

HPM 10.2, CHAPTER 2, Terms & Definitions LACK OF MODERATION IN SATISFYING AN APPETITE OR PASSION, AS IN THE HABITUAL OR EXCESSIVE USE OF INTOXICANTS.

INTEMPERENCE

HPM 10.2, CHAPTER 2, Terms & Definitions CONDUCT CONFLICTING WITH GENERALLY HELD MORAL PRINCIPLES, SUCH AS EXTREMELY DEVIANT SEXUAL BEHAVIOUR.

IMMORALITY

HPM 10.2, CHAPTER 2, Terms & Definitions THE USE OF STATE TIME OR STATE PROPERTY, OR THE PRESTIGE AND INFLUENCE OF THE EMPLOYEE'S OFFICIAL POSITION, TO ADVANCE POLITICAL INTEREST OF ANY PERSON OR THE INTERESTS OF ANY POLITICAL PARTY.

IMPROPER POLITICAL ACTIVITY

HPM 10.2, CHAPTER 2, Terms & Definitions ONE KNOWINGLY AND INTENTIONALLY VIOLATES A DIRECT COMMAND OR PROHIBITION.

WILLFUL DISOBEDIENCE

HPM 10.2, CHAPTER 2, Terms & Definitions THEFT OF STATE PROPERTY OR INTENTIONAL USE OF STATE PROPERTY OR TIME FOR AN UNAUTHORIZED PURPOSE.

MISUSE OF STATE PROPERTY

HPM 10.2, CHAPTER 2, Terms & Definitions REFUSAL TO TAKE ANY OATH OR AFFIRMATION WHICH IS REQUIRED BY LAW IN CONNECTION WITH THE PERSON'S EMPLOYMENT.

INCONSISTENT AND INCOMPATIBLE ACTIVITIES

HPM 10.2, CHAPTER 2, Terms & Definitions OTHER FAILURE OF GOOD BEHAVIOR EITHER DURING OR OUTSIDE OF DUTY HOURS WHICH IS OF SUCH A NATURE THAT IT CAUSES DISCREDIT TO THE APPOINTING AUTHORITY OR THE PERSON'S EMPLOYMENT.

INCONSISTENT AND INCOMPATIBLE ACTIVITIES

HPM 10.2, CHAPTER 2, Terms & Definitions ANY NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL ACT WHICH RESULTS IN THE DEATH OF A PATIENT OF A STATE HOSPITAL SERVING MENTALLY DISABLED OR THE DEVELOPMENTALLY DISABLED.

INCONSISTENT AND INCOMPATIBLE ACTIVITIES

HPM 10.2, CHAPTER 2, Terms & Definitions THE USE DURING DUTY HOURS, FOR TRAINING OR TARGET PRACTICE, OF ANY MATERIAL WHICH IS NOT AUTHORIZED BY THE APPOINTING POWER.

INCONSISTENT AND INCOMPATIBLE ACTIVITIES

HPM 10.2, CHAPTER 2, Terms & Definitions UNLAWFUL DISCRIMINATION, INCLUDING HARASSMENT, ON THE BASIS OF RACE, RELIGIOUS CREED, COLOR, NATIONAL ORIGIN, ANCESTRY, PHYSICAL HANDICAP, MARITAL STATUS, SEX, OR AGE, AGAINST THE PUBLIC OR OTHER EMPLOYEES WHILE ACTING IN THE CAPACITY OF A STATE EMPLOYEE.

INCONSISTENT AND INCOMPATIBLE ACTIVITIES

HPM 10.2, CHAPTER 2, Terms & Definitions UNLAWFUL RETALIATION AGAINST ANY OTHER STATE OFFICER OR EMPLOYEE OR MEMBER OF THE PUBLIC WHO IN GOOD FAITH REPORTS, DISCLOSES, DIVULGES, OR OTHERWISE BRINGS TO THE ATTENTION OF THE ATTORNEY GENERAL, OR ANY OTHER APPROPRIATE AUTHORITY, ANY FACTS OR INFORMATION RELATIVE TO ACTUAL OR SUSPECTED VIOLATIONS OF ANY LAW OCCURRING ON THE JOB OR DIRECTLY RELATED.

INCONSISTENT AND INCOMPATIBLE ACTIVITIES

HPM 10.2, CHAPTER 3, Progressive Discipline PROGRESSIVE DISCIPLINE 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.

HPM 10.2, CHAPTER 3, Progressive Discipline SUPERVISORS AND MANAGERS ARE EXPECTED TO: - ENSURE EMPLOYEES ARE INFORMED OF EXPECTATIONS VIA BRIEFINGS, RIDE-ALONGS, ONE-ON-ONE DISCUSSIONS, TRAINING DAYS, WRITTEN ACKNOWLEDGEMENTS OF POLICY REVIEW, ETC. -RECOGNIZE THOSE INDIVIDUALS WHO ARE MEETING OR EXCEEDING STANDARDS BY PROVIDING REINFORCEMENT AND RECOGNITION, (CHP 100 FORM COMMENTS, COMMENDABLE CHP 2, INCIDENT REPORT).

HPM 10.2, CHAPTER 3, Progressive Discipline ALTHOUGH NOT DISCIPLINARY, INTERIM REPORTING MAY BE INCLUDED IN THE PROGRESSIVE DISCIPLINE WHEEL WHEN SUBSTANDARD PERFORMANCE IS AN ISSUE.

HPM 10.2, CHAPTER 3, Progressive Discipline PROACTIVE STEPS THAT REDUCE OR ELIMINATE THE NEED FOR CORRECTIVE OR ADVERSE ACTION.

PREVENTATIVE ACTIONS

HPM 10.2, CHAPTER 3, Progressive Discipline PREVENTATIVE ACTIONS INCLUDE: - ADEQUATE ONGOING TRAINING FOR ALL CLASSIFICATIONS. - CLEARLY DEFINED JOB DUTIES, CONDUCT, EXPECTATIONS, AND OBJECTIVES. - ENSURE EMPLOYEES HAVE POSITIVE AND RESPECTFUL WORKPLACE COMMUNICATION WITH THE CHAIN OF COMMAND, PEERS, AND SUBORDINATES. - PROVIDE PERIODIC AND POSITIVE ASSESSMENT AND FEEDBACK OF JOB PERFORMANCE TO ALL EMPLOYEES. - PROVIDE FAIR, ENGAGED, AND IMPARTIAL SUPERVISION. - MAKE REFERRALS TO THE EMPLOYEE ASSISTANCE PROGRAM (EAP) WHEN APPROPRIATE.

HPM 10.2, CHAPTER 3, Progressive Discipline THE GOAL OF WRITTEN OR VERBAL CORRECTIVE ACTIONS IS TO BRING THE EMPLOYEE'S PERFORMANCE TO AN ACCEPTABLE LEVEL AND TO PREVENT CONTINUED MISCONDUCT OR POOR PERFORMANCE.

HPM 10.2, CHAPTER 3, Progressive Discipline CORRECTIVE ACTIONS INCLUDE INFORMAL AND FORMAL COUNSELING, AND ANY CORRESPONDING CORRECTIVE DOCUMENTATION ISSUED AS A RESULT.

HPM 10.2, CHAPTER 3, Progressive Discipline EVALUATE PRIOR TO TAKING CORRECTIVE ACTION: - READ AND UNDERSTAND POBR. - CLEARLY IDENTIFY THE SPECIFIC ACT OR OMISSION THAT IS UNACCEPTABLE, ALONG WITH CORRESPONDING POLICY AND LAW. - BE SURE TO FULLY UNDERSTAND THE NATURE AND EXTENT OF THE PROBLEM. - GATHER ALL PERTINENT FACTS RELATIVE TO THE MISCONDUCT OR SUBSTANDARD PERFORMANCE. - DISCUSS THE ISSUE WITH THE EMPLOYEE BEFORE MAKING A DECISION TO TAKE CORRECTIVE ACTION (IF ADVERSE ACTION IS POSSIBLE, DO NOT DISCUSS THE ISSUE OUTSIDE OF AN ADMINISTRATIVE INTERROGATION). - REVIEW THE EMPLOYEE'S PERSONNEL FILE.

HPM 10.2, CHAPTER 3, Progressive Discipline IN INFORMAL AND FORMAL COUNSELING, THE MANAGER OR SUPERVISOR MEETS WITH THE EMPLOYEE AND DISCUSSES THE MISCONDUCT OR SUBSTANDARD PERFORMANCE.

HPM 10.2, CHAPTER 3, Progressive Discipline INFORMAL AND FORMAL COUNSELING ARE CONSIDERED ROUTINE BUSINESS COMMUNICATIONS AND, THEREFORE, ARE NOT SUBJECT TO THE GRIEVANCE PROCESS, NOR IS THE EMPLOYEE ENTITLED TO REPRESENTATION.

HPM 10.2, CHAPTER 3, Progressive Discipline INFORMAL COUNSELING SHOULD BE DOCUMENTED (CHP 112, MANAGEMENT SUMMARY)

HPM 10.2, CHAPTER 3, Progressive Discipline THE PRIMARY DIFFERENCE BETWEEN FORMAL AND INFORMAL COUNSELING IS DOCUMENTATION. AFTER FORMAL COUNSELING, THE EMPLOYEE RECEIVES SOME FORM OF DOCUMENTATION REGARDING THE COUNSELING SESSION.

HPM 10.2, CHAPTER 3, Progressive Discipline A FORMAL COUNSELING SESSION SHOULD BE DOCUMENTED ON A SUPERVISOR'S EVALUATION FORM (CHP 112) AND ALSO ON THE COUNSELED EMPLOYEE'S MONTHLY EVALUATION FORM (CHP 100).

HPM 10.2, CHAPTER 3, Progressive Discipline CORRECTIVE DOCUMENTATION CAN TAKE THE FORM OF ANY OF THE FOLLOWING: - MONTHLY EVALUATION COMMENT (CHP 100) - MEMORANDUM OF COUNSELING - MEMORANDUM OF DIRECTION - CENSURABLE CHP 2, INCIDENT REPORT

HPM 10.2, CHAPTER 3, Progressive Discipline IN ACCORDANCE WITH THE COLLECTIVE BARGAINING AGREEMENT (CBA) FOR BARGAINING UNIT 5, ADVERSE COMMENTS ARE SUBJECT TO THE INFORMAL DISPUTE RESOLUTION PROCESS.

HPM 10.2, CHAPTER 3, Progressive Discipline WHEN CONSIDERING ADVERSE ACTION, ALL INVOLVED SUPERVISORS AND MANAGERS SHOULD REVIEW HPM 10.2, CHAPTER 11 BEFORE PROCEEDING.

HPM 10.2, CHAPTER 3, Progressive Discipline ENSURE THERE IS SUFFICIENT CAUSE FOR THE DISCIPLINE PRIOR TO INITIATING AN INVESTIGSTION.

HPM 10.2, CHAPTER 3, Progressive Discipline AN INVOLUNTARY TRANSFER INCLUDED AS A PENALTY IN AN ADVERSE ACTION IS SUBJECT TO REVIEW BY THE STATE PERSONNEL BOARD.

HPM 10.3, CHAPTER 3, Progressive Discipline IF DEMOTION IS TEMPORARY, THE EMPLOYEE AUTOMATICALLY RETURNS TO THE HIGHER CLASS ON THE DATE SPECIFIED, AND AT THE SALARY STEP DETERMINED BY THE HIRING AUTHORITY. IF PERMANENT, THE EMPLOYEE CAN COMPETE FOR A PROMOTION AT A LATER DATE.

HPM 10.2, CHAPTER 3, Progressive Discipline DISMISSED EMPLOYEES SHALL NOT THEREAFTER BE PERMITTED TO TAKE ANY STATE CIVIL SERVICE EXAMINATION, OR BE CERTIFIED FROM AN ELIGIBLE LIST TO ANY POSITION IN THE STATE SERVICE, WITHOUT THE PRIOR CONSENT OF THE STATE PERSONNEL BOARD EXECUTIVE OFFICER.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations AN INTERNAL INVESTIGATION MAY BE INITIATED AS THE RESULT OF A COMPLAINT (INCLUDING ANONYMOUS), DEPARTMENTAL KNOWLEDGE, OR ANY OTHER SOURCE OF INFORMATION.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations THE ASSIGNED PRIMARY INVESTIGATOR SHALL BE AT LEAST ONE RANK HIGHER THAN THE HIGHEST RANKING INVOLVED EMPLOYEE, UNLESS OTHERWISE APPROVED BY THE DIVISION COMMANDER OR APPROPRIATE ASSISTANT COMMISSIONER.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations ULTIMATELY, THE COMMANDER IS RESPONSIBLE FOR THE QUALITY AND TIMELINESS OF THE INTERNAL INVESTIGATION.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations AREA AND DIVISION COMMANDERS SHALL ENSURE THE INVESTIGATION IS FORWARDED TO OIA WITHIN 60 CALENDAR DAYS FROM THE DATE THE AREA BECOMES AWARE OF THE MISCONDUCT.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations WHENEVER ANY EMPLOYEE OF THIS DEPARTMENT, INCLUDING THE EMPLOYEE SUBJECT TO INVESTIGATION, LEARNS THAT ANOTHER LAW ENFORCEMENT AGENCY IS CONDUCTING AN INQUIRY INTO ALLEGATIONS OF CRIMINAL MISCONDUCT INVOLVING A MEMBER OF THE DEPARTMENT, THE EMPLOYEE SHALL IMMEDIATELY NOTIFY A SUPERVISOR OR MANAGER.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations IN THIS METHOD, THE CRIMINAL INVESTIGATION IS CONDUCTED SIMULTANEOUSLY WITH THE ADMINISTRATIVE INVESTIGATION BY SEPARATE INVESTIGATORS.

CONCURRENT INVESTIGATIONS

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations 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.

CONSECUTIVE INVESTIGATION

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations IN GENERAL, THE AGENCY WITH PRIMARY INVESTIGATIVE AUTHORITY FOR THE SPECIFIED CRIME AND/OR LOCATION WILL CONDUCT THE CRIMINAL INVESTIGATION.

JURISDICTION

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations IF AN ALLIED AGENCY WITH PRIMARY INVESTIGATIVE AUTHORITY RELINQUISHES OR DECLINES TO CONDUCT THE INVESTIGATION, THE INVOLVED EMPLOYEE'S COMMANDER SHALL INITIATE THE CRIMINAL INVESTIGATION.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations IT IS ACCEPTABLE, AND IN MANY CASES DESIRABLE, FOR THE CRIMINAL AND ADMINISTRATIVE INVESTIGATORS TO EITHER SHARE STATEMENTS (VIA SUMMARY MEMORANDUM OR RECORDING) OR CONDUCT JOINT INTERVIEWS OF WITNESSES.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations CRIMINAL INTERROGATIONS, IF PERFORMED, SHALL BE IN COMPLIANCE WITH POLICY AS SPECIFIED IN HPM 10.2, CHAPTER 6. THEY SHOULD BE CONDUCTED PRIOR TO THE ADMINISTRATIVE INTERROGATION IF INVOLVING THE SAME EMPLOYEE AND THE SAME ACT(S).

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations IF PROSECUTION IS INTENDED, AN ADMINISTRATIVE INTERROGATION IS NOT NECESSARILY REQUIRED UNLESS ADDITIONAL INFORMATION IS NEEDED TO REACH A REASONABLE CONCLUSION.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations TO MAINTAIN THE SEPARATION BETWEEN INVESTIGATIONS, CRIMINAL INVESTIGATORS SHALL NOT PARTICIPATE IN ADMINISTRATIVE INTERROGATIONS.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations ONCE THE ADMINISTRATIVE INTERROGATION HAS BEEN CONDUCTED, THE ADMINISTRATIVE AND CRIMINAL INVESTIGATORS SHALL NOT HAVE ANY FURTHER CONTACT REGARDING THE INVESTIGATION UNTIL ALL CRIMINAL ASPECTS HAVE BEEN RESOLVED,

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations 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 INVESTIGATIONS WOULD HAVE HAD LEGAL ACCESS.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations EXCEPT AS REQUIRED BY PENAL CODE 832.7, EVIDENCE GATHERED DURING AN ADMINISTRATIVE INVESTIGATION SHALL NOT BE RELEASED TO AN ALLIED AGENCY WITHOUT FIRST CONTACTING OFFICE OF LEGAL AFFAIRS (OLA), AND ONLY WITH APPROVAL FROM THE OFFICE OF THE COMMISSIONER.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations 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.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations THE DECISION (WHETHER CRIMINAL CHARGES ARE FILED OR REJECTED BY THE PROSECUTING AUTHORITY) SHALL BE DOCUMENTED IN THE ADMINISTRATIVE INVESTIGATION FILE.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations IF AN EMPLOYEE OF THIS DEPARTMENT IS REQUESTED TO BE INTERVIEWED BY INVESTIGATORS PURSUANT TO A CIVIL RIGHTS INVESTIGATION, THE FOLLOWING GUIDELINES SHALL APPLY: - THE DECISION TO CONSENT TO AN INTERVIEW WITH AN OUTSIDE INVESTIGATION SHALL BE AT THE SOLE DISCRETION OF THE DEPARTMENTAL EMPLOYEE. - IF SUCH AN INTERVIEW IS CONDUCTED ON STATE TIME, A DEPARTMENTAL SUPERVISOR SHALL BE PRESENT. - TO PRESERVE THE ACCURACY OF THE STATEMENTS, INTERVIEWS CONDUCTED ON STATE TIME SHALL BE TAPE RECORDED.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations THE DEPARTMENT IS REQUIRED TO INVESTIGATE ALL ALLEGATIONS OF MISCONDUCT FILED AS A CITIZENS' COMPLAINT AS PROVIDED IN SECTION 832.5 PC.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations 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 (E.G., EMPLOYEE, EMPLOYEE SPOUSE), A FORMAL INVESTIGATION SHALL NOT BE UNDERTAKEN WITHOUT HAVING A BASIS FOR BELIEVING THERE IS MERIT TO THE COMPLAINT. UNLESS THE COMPLAINT INVOLVES A VIOLATION OF LAW (E.G., THREAT, RETALIATORY, OTHER EVIDENCE OF A CRIME), DEPARTMENTAL RESOURCES SHOULD NOT BE EXPENDED TO DETERMINE THE SOURCE OF SUCH COMPLAINTS.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations COMPLAINTS BY DEPARTMENTAL PERSONNEL THE INVOLVED EMPLOYEE'S COMMANDER SHALL MAKE AN INITIAL INQUIRY. THE INQUIRY SHALL ATTEMPT TO DETERMINE THE MERITS OF THE ALLEGATION(S) BY CONSIDERING THE FOLLOWING: - IF THERE IS ADEQUATE EVIDENCE TO CORROBORATE THE ALLEGATION(S), SUCH AS DOCUMENTS, WITNESSES, OR OTHER RELEVANT EVIDENCE. - THE EGREGIOUSNESS OF THE ALLEGED MISCONDUCT. - THE EMPLOYEE'S WORK HISTORY AS IT PERTAINS TO THE ALLEGATION(S). - THE CAUSATIVE FACTORS WHICH MAY HAVE GENERATED THE COMPLAINT. - THE STATUTE OF LIMITATIONS AS IT PERTAINS TO ADMINISTRATIVE AND CRIMINAL INVESTIGATIONS. - WHETHER THE ALLEGATION(S) HAS ALREADY BEEN INVESTIGATED.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations ALL INTERNAL INVESTIGATIONS WHICH INVOLVE A CADET AS THE SUBJECT, REGARDLESS OF A TEMPORARY ASSIGNMENT, WILL BE THE RESPONSIBILITY OF THE ACADEMY COMMMANDER.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations EMPLOYEES ASSIGNED TO SPECIAL PROGRAMS THAT REMOVE THEM FROM DIRECT DEPARTMENTAL SUPERVISION (E.G., DRUG/VEHICLE TASK FORCES) REMAIN THE RESPONSIBILITY OF THE EMPLOYEE'S DEPARTMENTAL COMMANDER.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations INTERNAL INVESTIGATIONS WHICH ORIGINATE WHILE AN EMPLOYEE IS WORKING A TEMPORARY ASSIGNMENT WITHIN THE DEPARTMENT, SUCH AS A PROTECTIVE SERVICES DETAIL, WATCH OFFICER, ETC., REMAIN THE RESPONSIBILITY OF THE EMPLOYEE'S PERMANENT COMMANDER, HOWEVER DIVISION COMMANDERS MAY DIRECT SUCH INVESTIGATIONS BE CONDUCTED BY THE TEMPORARY ASSIGNMENT COMMANDER OR SUPERVISOR.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations WHEN AN INVESTIGATION INVOLVES MULTIPLE EMPLOYEES ASSIGNED TO DIFFERENT COMMANDS, A SINGLE DIVISION, AREA, SECTION, OR UNIT SHALL BE APPOINTED AS THE PRIMARY INVESTIGATIVE COMMAND.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations 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 ONE (1) YEAR OF THE DEPARTMENT'S DISCOVERY OF THE ALLEGATION BY A PERSON AUTHORIZED TO INITIATE AN INTERNAL INVESTIGATION (TYPICALLY A SUPERVISOR OR ABOVE).

ADVERSE ACTION ONE-YEAR TIMEFRAME

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations AN INTERNAL INVESTIGATION OF AN EMPLOYEE MAY BE REOPENED BEYOND THE ONE-YEAR TIME PERIOD IF BOTH OF THE FOLLOWING CIRCUMSTANCES EXIST: - SIGNIFICANT NEW EVIDENCE HAS BEEN DISCOVERED THAT IS LIKELY TO EFFECT THE OUTCOME OF THE INVESTIGATION. - ONE OF THE FOLLOWING CONDITIONS EXIST: - THE EVIDENCE COULD NOT REASONABLY HAVE BEEN DISCOVERED WITHOUT RESORTING TO EXTRAORDINARY MEASURES BY THE DEPARTMENT. - THE EVIDENCE RESULTED FROM THE EMPLOYER'S PRE-DISCIPLINARY HEARING RESPONSE OR PROCEDURE.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations PER GC 19635, 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 THREE YEARS AFTER THE CAUSE FOR DISCIPLINE, UPON WHICH THE NOTICE IS BASED, FIRST AROSE. ADVERSE ACTION BASED ON FRAUD, EMBEZZLEMENT, OR THE FALSIFICATION OF RECORDS SHALL BE VALID, IF NOTICE OF THE ADVERSE ACTION IS SERVED WITHIN THREE YEARS AFTER THE DISCOVERY OF THE FRAUD, EMBEZZLEMENT, OR FALSIFICATION.

ADVERSE ACTION THREE-YEAR TIMEFRAME

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations IN ACCORDANCE WITH GC 19173, A PROBATIONARY EMPLOYEE MUST BE SERVED WITH A NOTICE OF REJECTION DURING PROBATION PRIOR TO THE LAST DAY OF THE PROBATIONARY PERIOD, ALLOWING TIME FOR THE PRE-DISCIPLINARY HEARING.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations SUPERVISORS, MANAGERS, AND ALL OTHERS WITH INFORMATION PERTAINING TO AN INVESTIGATION HAVE A LEGAL AND ETHICAL OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF AN INTERNAL INVESTIGATION.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations 135.5 PC, ANY PERSON WHO KNOWINGLY ALTERS, TAMPERS WITH, CONCEALS, OR DESTROYS RELEVANT EVIDENCE IN ANY DISCIPLINARY PROCEEDING AGAINST A PUBLIC SAFETY OFFICER FOR THE PURPOSES OF HARMING THAT PUBLIC SAFETY OFFICER IS GUILTY OF A MISDEMEANOR.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations DEPARTMENTAL EMPLOYEES, UPON RECEIVING NOTIFICATION OF AN INTERVIEW/INTERROGATION (AND AT THE CONCLUSION), SHALL BE GIVEN A DIRECT ORDER NOT TO DISCUSS THEIR INTERVIEW/INTERROGATION WITH ANYONE OTHER THAN THEIR CHOSEN REPRESENTATIVE OR A SUPERVISOR/MANAGER WITHIN THEIR CHAIN OF COMMMAND.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations THE EMPLOYEE UNDER INVESTIGATION SHALL NOT BE SUBJECTED TO VISITS BY THE PRESS OR NEWS MEDIA WITHOUT THE EMPLOYEE'S EXPRESS CONSENT, NOR SHALL THE EMPLOYEE'S HOME ADDRESS OR PHOTOGRAPH BE GIVEN TO THE PRESS OR NEWS MEDIA WITHOUT THE EMPLOYEE'S CONSENT (GC 3303e).

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations CITIZENS' COMPLAINT INVESTIGATIONS SHOULD NORMALLY BE COMPLETED AND APPROVED AS SPECIFIED IN HPM 10.4 BEFORE BEING USED AS THE BASIS FOR AN ADMINISTRATIVE INVESTIGATION WHICH RESULTS IN AN ADVERSE ACTION OR REJECTION DURING PROBATION.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations 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 15 CALENDAR DAYS.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations ALL EMPLOYEES BEING PLACED ON A LEAVE OF ABSENCE SHALL SURRENDER ALL DEPARTMENT-ISSUED IDENTIFICATION AND STATE BUILDING ACCESS/KEYS TO A SUPERVISOR OR MANAGER. UNIFORMED EMPLOYEES SHALL ALSO SURRENDER ALL DEPARTMENT-ISSUED BADGES AND OFFICER SAFETY EQUIPMENT.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations DURING THE COURSE OF AN INVESTIGATION, ALLEGATIONS OF DISCRIMINATION, HARASSMENT, AND/OR RACIAL PROFILING MAY BE MADE OR DISCOVERED. A SEPARATE INVESTIGATION, CONDUCTED CONCURRENTLY OR CONSECUTIVELY WITH THE INTERNAL INVESTIGATION, MAY BE INITIATED IN ACCORDANCE WITH HPM 10.12, EQUAL EMPLOYMENT OPPORTUNITY MANUAL.

HPM 10.2, CHAPTER 4, Pre-Investigative Considerations THE EMPLOYEE ASSISTANCE PROGRAM (EAP) AND/OR PEER SUPPORT COULD BE EXTREMELY BENEFICIAL FOR AN EMPLOYEE WHO IS THE SUBJECT OF AN INVESTIGATION, ANY INVOLVED EMPLOYEES, INVESTIGATORS, OR FELLOW EMPLOYEES ENGAGED IN THE INTERNAL INVESTIGATION PROCESS. REFER TO HPM 10.5, EMPLOYEE ASSISTANCE PROGRAMS.

HPM 10.2, CHAPTER 5, Investigative Procedures THE CHRONOLOGICAL SUMMARY IS A DETAILED ACCOUNTING OF ALL ACTIONS TAKEN AND EVIDENCE OBTAINED FROM THE TIME THE AREA BECAME AWARE OF THE MISCONDUCT UNTIL THE INVESTIGATION WAS COMPLETED.

HPM 10.2, CHAPTER 5, Investigative Procedures IF AN EMPLOYEE SEPARATES FROM THE DEPARTMENT DURING AN INVESTIGATION, THE INVESTIGATION SHALL BE COMPLETED IN ITS ENTIRETY AND PROCESSED IN ACCORDANCE WITH HPM 10.2, CHAPTERS 7 AND 8.

HPM 10.2, CHAPTER 5, Investigative Procedures ITEMS TO CONSIDER WHEN PLANNING AN INVESTIGATIVE PLAN: - ALLEGATIONS/SCOPE - BACKGROUND - RESOURCES NEEDED - EVIDENCE - INTERVIEWS/INTERROGATIONS - ADMINISTRATIVE MATTERS

HPM 10.2, CHAPTER 5, Investigative Procedures DO NOT INCLUDE A CHP 268, POTENTIAL CIVIL LIABILITY REPORT, AS AN EXHIBIT IN AN INTERNAL INVESTIGATION.

HPM 10.2, CHAPTER 5, Investigative Procedures MVARS EVENT RECORDINGS MAY BE VIEWED LIMITED TO THE FOLLOWING THRESHOLD EVENTS: - ANY INCIDENT IN WHICH A MEMBER OF THE DEPARTMENT IS SEVERELY INJURED OR KILLED DURING THE PERFORMANCE OF THEIR DUTIES. - ANY INCIDENT INVOLVING THE USE OF FORCE BY A MEMBER OF THE DEPARTMENT, INCLUDING CANINES, WHICH RESULTS IN DEATH OR SEVERE INJURY TO A SUSPECT OR BYSTANDER. - ANY IN-CUSTODY DEATH. - ANY INCIDENT INVOLVING A PATROL VEHICLE COLLISION WHICH RESULTS IN DEATH OR SEVERE INJURY TO A PARTY OR BOTH PARTIES, OTHER THAN A MEMBER OF THE DEPARTMENT, WHEN THE LIABILITY APPEARS TO BE THAT OF THE DEPARTMENT. - ANY PURSUIT INVOLVING DEPARTMENTAL PARTICIPATION. - WHEN ANY MEMBER OF THE DEPARTMENT INTENTIONALLY OR ACCIDENTALLY DISCHARGES A FIREARM AT A PERSON REGARDLESS WHETHER AN INDIVIDUAL IS STRUCK. - WHEN ANY MEMBER OF THE DEPARTMENT INTENTIONALLY OR ACCIDENTALLY DISCHARGES A CONDUCTIVE ENERGY WEAPON AT A PERSON WHO IS SUBSEQUENTLY STRUCK. THIS INCLUDES A "DRIVE STUN". - ANY EVENT CAUSING A CHP 268, POTENTIAL CIVIL LITIGATION REPORT OR STD 270, VEHICLE ACCIDENT REPORT, TO BE PREPARED DUE TO A SEVERE INJURY TO A PARTY.

HPM 10.2, CHAPTER 5, Investigative Procedures MANAGERS, SUPERVISORS, OR OTHER AUTHORIZED PERSONNEL MAY ONLY REVIEW NON-THRESHOLD EVENT VIDEO RECORDINGS UNDER THE FOLLOWING CONDITIONS: - ANYTIME AN EMPLOYEE RESPONSIBLE FOR THE MVARS EVENT RECORDING VOLUNTARILY AGREES TO THE VIEWING. - PRIOR TO THE APPROVED RELEASE OF THE RECORDING OUTSIDE THE DEPARTMENT IN RESPONSE TO A LEGAL REQUEST. - FOR THE PURPOSES OF PROVING OR DISPROVING SPECIFIC ALLEGATIONS OF MISCONDUCT.

HPMK 10.2, CHAPTER 5, Investigative Procedures THE DIVISION COMMANDER'S APPROVAL AND THE OFFICE OF EMPLOYEE RELATIONS SHALL BE NOTIFIED WHEN THERE IS A NEED TO REVIEW MVARS VIDEO WHICH ARE NOT THRESHOLD OR NON-THRESHOLD EVENTS.

HPM 10.2, CHAPTER 5, Investigative Procedures IN THE COURSE OF AUTHORIZED VIDEO REVIEW, THERE IS A POSSIBILITY OF DISCOVERING POLICY AND/OR CRIMINAL VIOLATIONS COMMITTED BY MVARS USERS. IT IS THE INTENT OF THE DEPARTMENT TO ADDRESS THESE VIOLATIONS APPROPRIATELY AND NOTHING IN THIS POLICY PROHIBITS ADDRESSING POLICY VIOLATIONS WITHIN THE SCOPE OF REVIEW.

HPM 10.2, CHAPTER 5, Investigative Procedures 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 TRAINING OPPORTUNITY. THE MANAGER OR SUPERVISOR SHOULD DISCUSS THE INCIDENT WITH THE EMPLOYEE (INFORMAL COUNSELING). - IF THE EMPLOYEE HAS ENGAGED IN PREVIOUSLY DISCUSSED SIMILAR MISCONDUCT, AND THE CONDUCT DOES NOT WARRANT ADVERSE ACTION, THE MANAGER OR SUPERVISOR SHOULD TAKE THE FOLLOWING ACTIONS: - DISCUSS THE INCIDENT WITH THE EMPLOYEE (FORMAL COUNSELING) AND DOCUMENT ACCORDINGLY (CHP 100, MOC). - COMMANDER APPROVAL SHALL BE OBTAINED WHEN ISSUING CORRECTIVE ACTION DOCUMENTATION (MOD, CHP2) FOR MISCONDUCT UNRELATED TO THE INCIDENT AT HAND.

HPM 10.2, CHAPTER 5, Investigative Procedures IN ACCORDANCE WITH GC 3308, EMPLOYEES SHALL NOT BE REQUIRED OR REQUESTED FOR PURPOSES OF JOB ASSIGNMENT OR OTHER PERSONAL ACTION (ADVERSE ACTION) TO DISCLOSE ANY ITEM OF PERSONAL PROPERTY, INCOME, ASSETS, SOURCE OF INCOME, DEBTS, OR PERSONAL OR DOMESTIC EXPENDITURES (INCLUDING THOSE OF ANY MEMBER OF AN EMPLOYEE'S FAMILY OR HOUSEHOLD).

HPM 10.2, CHAPTER 5, Investigative Procedures LABOR CODE 4327 ALLOWS INVESTIGATORS TO REQUEST COPIES OF RECORDS PERTAINING TO ARREST OR DETENTION OF PEACE OFFICER EMPLOYEES PRIOR TO CONVICTION.

HPM 10.2, CHAPTER 5, Investigative Procedures LABOR CODE 4327 PROHIBITS INVESTIGATORS FROM SEEKING OR REQUESTING COPIES OF RECORDS PERTAINING TO THE ARREST OR DETENTION OF NON-UNIFORMED EMPLOYEES PRIOR TO CONVICTION, OR ANY RECORD REGARDING A REFERRAL TO, AND PARTICIPATION IN, ANY PRETRIAL OR POST-TRIAL DIVERSION PROGRAM.

HPM 10.2, CHAPTER 5, Investigative Procedures The following process shall be used before asking a witness or employee to submit to a polygraph or voice stress analysis (VSA) examination. (a) If the commander feels a polygraph or VSA examination is necessary, the commander shall request approval through channels from the Office of the Commissioner and coordinate through the OIA. (b) Employees shall not be compelled to submit to a polygraph or voice stress analysis. (c) 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. Nor 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.

HPM 10.2, CHAPTER 5, Investigative Procedures Evidence pertaining to an administrative investigation shall be stored for a minimum of five years (beginning with the date the investigation is initiated or the life of the investigative file, whichever is longer.)

HPM 10.2, CHAPTER 5, Investigative Procedures Evidence in an internal investigation shall remain in the command which originally completed the investigation, regardless of any subsequent transfers of the involved employee(s).

HPM 10.2, CHAPTER 5, Investigative Procedures All searches and seizures conducted by the Department in an internal investigation must be completed within the law, comply with POBR, and/or related case law.

HPM 10.2, CHAPTER 5, Investigative Procedures 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: (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.

HPM 10.2, CHAPTER 5, Investigative Procedures Care shall be given when searching briefcases, purses, etc., contained in lockers or desks, where the employee has a reasonable expectation of privacy for that particular container and/or the investigation does not involve work-related misconduct. In most instances, personal containers may not be searched without a warrant or consent.

HPM 10.2, CHAPTER 5, Investigative Procedures For questions regarding the search of cellular telephones, personal electronics, or entertainment devices, contact OIA.

HPM 10.2, CHAPTER 6, Interview & Interrogation An employee’s desk can normally be entered by a supervisor when looking for work product. However, when the command has allowed a reasonable expectation of privacy, such as issuance of a key to the desk, the provisions of Government Code § 3309 apply. Any questions related to searches may be referred to OIA.

HPM 10.2, CHAPTER 6, Interview & Interrogation Interviews are consensual statements in which witnesses or other involved individuals provide information pertinent to the investigation. Criminal interrogations also involve statements; however, they involve individuals who are suspected of criminal misconduct, and all legal protections (such as Miranda) apply. Administrative interrogations involve compelled statements.

HPM 10.2, CHAPTER 6, Interview & Interrogation During the course of the investigation, an investigator may receive a request from a witness to remain confidential. 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.

HPM 10.2, CHAPTER 6, Interview & Interrogation All statements from departmental employees who are interviewed as witnesses during internal investigations shall be recorded. Prior approval to record a statement need not be obtained.

HPM 10.2. CHAPTER 6, Interview & Interrogation Statements obtained from non-departmental witnesses are to be recorded, unless the witness objects to the recording. In such instances, a memorandum shall be prepared by the investigator summarizing the statements.

HPM 10.2, CHAPTER 6, Interview & Interrogation Both federal and state law provide for law enforcement personnel to record/monitor/eavesdrop on contacts with individuals without their knowledge. In the interest of public confidence, the surreptitious recording/monitoring/eavesdropping of witnesses should be limited to those situations which indicate it is warranted.

HPM 10.2, CHAPTER 6, Interview & Interrogation In accordance with Penal Code 630 et seq. and Rattray v. City of National City (51 F.3d 793), an investigator shall not surreptitiously record, monitor, or eavesdrop on a departmental employee unless it is part of a criminal investigation.

HPM 10.2, CHAPTER 6, Interview & Interrogation Unless previously approved by the Office of the Commissioner, video recordings shall not be made of administrative interrogations.

HPM 10.2, CHAPTER 6, Interview & Interrogation If not transcribed, witness statements shall be summarized on a memorandum. For the summaries of key witnesses, departmental or otherwise, the investigator should request the witness review and sign the summary memorandum. For witnesses who refused to be recorded, the investigator should request the witness review and sign the summary memorandum.

HPM 10.2, CHAPTER 6, Interview & Interrogation For all dismissal cases, the employee’s interrogation shall be transcribed in its entirety.

HPM 10.2, CHAPTER 6, Interview & Interrogation 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. Departmental employees who are witnesses do not have a right to know the nature of the investigation.

HPM 10.2, CHAPTER 6, Interview & Interrogation Employees are not normally allowed representation during an investigative interview. Employees expressing concern should be advised that they are not suspected of misconduct and, if such issues arise, the interview will be stopped. When an employee insists on having a representative present, whether due to a perception of culpability or for any other reason, the investigator should consult with a manager in the chain of command for guidance. In some instances, it may be necessary to conduct an administrative interrogation instead of an interview.

HPM 10.2, CHAPTER 6, Interview & Interrogation If an employee refuses to be interviewed, whether due to a perception of culpability or for any other reason, the investigator should consult with the chain of command for guidance before ordering the employee to comply. In such instances, it may be necessary to conduct an administrative interrogation instead of an interview.

HPM 10.2, CHAPTER 6, Interview & Interrogation If, at any time during the interview, the investigator believes the employee is either admitting to actionable misconductor is engaging in misconduct through failure to cooperate, the interview shall be immediately stopped to protect the employee’s rights. An administrative interrogation may then be required.

HPM 10.2, CHAPTER 6, Interview & Interrogation Criminal interrogations are not compelled statements; therefore, the person questioned may choose which questions to answer.

HPM 10.2, CHAPTER 6, Interview & Interrogation Notification is not required prior to a criminal interrogation.

HPM 10.2, CHAPTER 6, Interview & Interrogation An employee may be represented by anyone of the employee’s choosing during a criminal interrogation. If another departmental employee is used in this capacity, the employee acting as a representative shall not be a person subject to the same investigation, which could include victims, witnesses, or supervisors/managers within their immediate chain of command.

HPM 10.2, CHAPTER 6, Interview & Interrogation Employees are required to be present for a criminal interrogation; however, by law, the employee is not obligated to answer questions or provide any information. The employee shall not be subjected to any departmental sanction for exercising these rights.

HPM 10.2, CHAPTER 6, Interview & Interrogation All interrogations shall be recorded. The employee being interrogated shall have the right to bring a personal audio recording device and record any and all aspects of the interrogation.

HPM 10.2, CHAPTER 6, Interview & Interrogation 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. “Prior to" in this case does not mean immediately before, since the employee should have time to review the employee’s previous statements.

HPM 10.2, CHAPTER 6, Interview & Interrogation Reference Pasadena Police Officers Assn. v. City of Pasadena (1990) 51 Cal.3d 564, if employee or representative request disclosure of evidence to be used in interrogation. (For example: “Pursuant to policy contained within HPM 10.2, Government Code Section 3303(g), and the decision rendered in Pasadena Police Officers Association v City of Pasadena, your request for disclosure of evidence is denied”).

HPM 10.2, CHAPTER 6, Interview & Interrogation If, prior to or during the interrogation, information is presented which suggests the employee subject to interrogation may be charged with a criminal offense, the employee shall be immediately informed ofMiranda rights. An employee has a right against self-incrimination and, by issuing the “Lybarger warning,” the Department may obtain a compelled statement. Therefore, the CHP 8A shall be read verbatim.

HPM 10.2, CHAPTER 6, Interview & Interrogation All questions directed to the employee under investigation shall be asked by and through no more than two interrogators at one time.

HPM 10.2, CHAPTER 6, Interview & Interrogation At the conclusion of the interrogation, theemployee representative shall be allowed anopportunity to question the employee to clarify facts, make clarifying statements, or suggest other employees who have knowledge of them.

HPM 10.2, CHAPTER 6, Interview & Interrogation In accordance with Evidence Code § 970 - 981, the marital privilege exempts a married person from having to testify against a spouse in any proceeding. The intention of the martial privilege is to protect confidential communications between two individuals at the time they were in a marital relationship. However, in accordance with the opinion of the Office of Attorney General for the State of California, the above marital privilege does not exist when both spouses are uniformed members of the Department.

HPM 10.2, CHAPTER 9, Pre-Disciplinary Hearings, Leave Credits, & Appeals Uniformed employees who are the subject of an adverse action may request a corresponding quantity of available leave credits be forfeited to satisfy an assessed penalty. Upon approval, leave credits may be used to satisfy any adverse action penalty involving a suspension or step reduction, regardless of length. In exchange for approval of this request, the employee shall agree to waiveall rights to appeal the adverse action.

HPM 10.2, CHAPTER 9, Pre-Disciplinary Hearings, Leave Credits, & Appeals Suspension of Five (5) Days or Less. Employees may use leave credits to satisfy the entire suspension period. This also includes five (5) month or less step reduction.

HPM 10.2, CHAPTER 9, Pre-Disciplinary Hearings, Leave Credits, & Appeals Suspension of Six (6) Days or More. Employees may use leave credits to satisfy up to one-half of the suspension period. This also includes six (6) month or longer step reductions. For each month of step reduction to be satisfied by leave credits, eight hours of the requested leave credits will be deducted.

HPM 10.2, CHAPTER 9, Pre-Disciplinary Hearings, Leave Credits, & Appeals Adverse Action. An employee may file an appeal with the SPB Appeals Division no later than 30 calendar days after the effective date of a Notice of Adverse Action. When mailed, SPB uses the postmark as the filing date.

HPM 10.2, CHAPTER 9, Pre-Disciplinary Hearings, Leave Credits, & Appeals Rejection During Probation. A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than 15 calendar days after the effective date of the rejection.

HPM 10.2, CHAPTER 9, Pre-Disciplinary Hearings, Leave Credits, & Appeals Bargaining Unit 5 and non-represented employees may appeal a minor discipline adverse action penalty by submitting a request for arbitration. The request must be submitted in writing to OIA within 14 calendar days of the date the PDH officer’s decision was received by the employee.

HPM 10.2, CHAPTER 9, Pre-Disciplinary Hearings, Leave Credits, & Appeals Written Reprimand Appeal. If the employee is not satisfied with the PDH officer’s decision, the employee association may submit an appeal to the Office of the Commissioner. The appeal must be submitted in writing to OIA within 14 calendar daysfrom the date the PDH officer's written decision was received.

HPM 10.2, CHAPTER 10, Separations During An Internal Investigation If an employee separates from the Department during an administrative investigation, the file shall be converted to a miscellaneous investigation. A memorandum shall be included in the miscellaneous investigation stating, “Should the employee return to the Department, the miscellaneous investigation will revert to a Request for Adverse Action, as appropriate.”

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation 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: (a) Formal written reprimand. (b) Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation 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: (a) Suspension of six (6) to 20 working days, or the equivalent monthly step reduction. (b) Removal from a specialty pay position (Bargaining Unit 5 personnel).

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation After review by the respective Assistant Commissioner (in the chain of command of the involved employee), the Commissioner or Deputy Commissioner is the final level of approval for: (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.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation The effective date of the adverse action shall be no less than 25 calendar days after the date of service of the notice.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation Suspensions shall be computed based on an eight (8) hour shift within a 24-hour workday. 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

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation Suspension days are to be scheduled consecutively, with no regular days off (RDOs) or holidays during the suspension period. Any RDOs for a given state pay period must be scheduled outside of the suspension period. As such, for longer suspensions it may be necessary to set the suspension period to occur over consecutive pay periods. Suspension can be up to a maximum of 42 days. Suspensions in excess of 42 days shall be coordinated by OIA and the Office of the Commissioner.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation Suspensions shall not result in Fair Labor Standards Act (FLSA) overtime or positive excess hours.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation Suspension times begin at the start of the employee's assigned shift and end one (1) minute before that shift start time on the first day after the suspension period (which may be an RDO).

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation The dates of a suspension are at the discretion of the commander in conjunction with the operational needs of the Department.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation Suspension periods shall not include days on injury status (e.g., Labor Code § 4800.5).

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation An employee must have 11 or more working days (includes the usage of leave credits, compensated time off) in a monthly pay period to have a qualifying pay period. Since time absent due to a suspension is considered a temporary separation from the Department, the employee's next merit salary adjustment may be delayed and/or accrual of vacation, annual leave, and sick leave credits may be affected.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation An employee must have one (1) working day (includes the usage of leave credits, compensated time off) in a monthly pay period to qualify for paid medical benefits. Commanders shall make every effort to ensure scheduled suspensions do not result in the loss of paid medical benefits.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation 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 five (5) business days after the last day of the PDH period. b For uniformed employees (except managers), the effective date is ten (10) business days after the last day of the PDH period. c For managers, the effective date is ten (10) calendar days after the last day of the PDH period.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation An adverse action with a penalty of demotion shall become effective at 1700 hours on a date at least 15 calendar days after the last day of the PDH period.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation The first month of salary reduction shall be a minimum of 25 calendar days from the date of service of the notice.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation The employee and employee’s representative shall be granted four (4) hours of state time to review the administrative investigation file and prepare a PDH response.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation Per policy, the PDH period starts the day after the notice is served and ends at 1700 hours ten (10) working days later for uniformed employees, and five (5) working days later for non-uniformed employees.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation All administrative investigations shall be destroyedafter a period of five (5) years, commencing from the date the employee is served with the Notice of Adverse Action or the closing documentation.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation Investigations which resulted in a formal written reprimand shall be retained for five (5) years; however, a copy of the formal written reprimand shall be removed from the field personnel folder after a period of three (3) years from the date the employee was served with the Notice of Adverse Action.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation 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 innature) shall be removed from the employee’s field personnel folder after a period of three (3) years from the date of issuance. However, the same document, which is an exhibit, shall remain with the internal investigation itself until the scheduled destruction of the investigation.

HPM 10.3, CHAPTER 8, Review, Approval, & Closing Documentation When an employee transfers, all internal investigation files in the command’s master file for that employee shall be transferred to the new command in a manner that will ensure confidentiality ismaintained. Upon receipt, the new command shall be responsible for maintaining all internal investigation files on the employee in accordance with this manual.

HPM 10.2, CHAPTER 8, Review, Approval, & Closing Documentation 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 refuse to accept service of process in accordance with Penal Code § 1328(d).