HPM 10.2-Internal Investigations Flashcards
Departmental Philosophy
Introduction and Notifications
(Chapter 1)
It is the policy of this Department to fully investigate allegations of misconduct. Investigations of allegations shall be done thoroughly, objectively, and in a timely manner. Investigations SHALL be conducted in a manner which will ensure all applicable protections are afforded. Likewise, all employees will be treated professionally, with dignity and respect.
All instances of alleged misconduct by Departmental employees SHALL be investigated and, when appropriate, adverse action or rejection during probation initiated.
Government Code (GC) 19570-19593 (Chapter 1)
Contains the California law regarding discipline of represented state employees and managerial employees. 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.
Collective bargaining agreements (CBAs)
Chapter 1
Contains terms and conditions of employment for represented employees. If represented, CBAs SHALL be reviewed. If the process is different, the CBA is controlling.
The authority to take adverse action or initiate a rejection during probation is vested with the appointing power, the Commissioner.
Rights of Departmental Personnel
Chapter 1
Public Safety Officers Procedural Bill of Rights Act. The Public Safety Officers Procedural Bill of Rights Act (POBR) is specified in California GC 3300
1) By law, POBR applies to ALL probationary and permanent Departmental personnel who are peace officers. By policy, the Department has extended POBR rights to all others employees with the exception of cadet.
2) Managers and supervisors SHALL ensure all investigations are conducted in compliance with the provisions of POBR and protect the rights of employees.
When a Departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee____
(Chapter 2)
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 of manager shall make immediate notification to the succeeding level I. The chain of command.
Adverse Action
Chapter 2
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. Penalties consist of
1) Formal written reprimand
2) Suspension
3) Reduction in salary
4) Demotion
5) Involuntary transfer
6) Dismissal
Rejection During Probation
Chapter 2
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.
Nexus to Employment
Chapter 2
The Department SHALL only investigate allegations of misconduct when there is a nexus (or connection), between the acts and the individual’s employment with the Department. Such a nexus is necessary to establish a basis for disciplinary or corrective action. Nexus is established in the following circumstances:
A) The acts occurred while the employee was on duty, regardless of location or assignment
B) All criminal acts by uniformed employee, either on or off duty.
C) All criminal acts by non-uniformed employees, either on or off duty, which constitute a felony or crime of moral turpitude.
Nexus to Employment (card 2)
Chapter 2
D) While off duty, an individual’s employment status is affirmatively established by an overt act.
E) Any off duty misconduct with a clear connection to the employee’s continued ability to effectively perform the duties of the employee’s position. For example, a non-uniformed employee with a suspended driver license cannot perform duties which require a valid driver license.
F) The misconduct is of such a nature that it could bring discredit to the Department.
G) Normally, mere knowledge of employment status with the Department is insufficient to established a nexus.
