HPM 10.2 Internal Investigations Flashcards
ADVERSE ACTION: (2-3) (3-9)
An Adverse Action is 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. The six potential penalties are?
“FSS DID”
1) Formal written reprimand
2) Suspension
3) Salary Reduction within salary range of class
4) Demotion
5) Involuntary transfer
6) Dismissal
A copy of an internal investigation file which resulted in a formal reprimand shall be retained at the Area level for ______ years, except when the employee resigns
5 years
A copy of the formal written reprimand generated as a result of an internal investigation shall be purged form the employees personnel folder after _____ years?
3 years
The public Safety Officers Procedural Bill of Rights (POBR) is specified in which code?
The California Government Code 3300
Within the progressive discipline process there is the “Wheel of Discipline/Motivation”. Which of the following is NOT an option on the Wheel of Discipline/Motivation?
a. Verbal Counseling
b. Interim Reporting
c. Denial of Salary Adjustment
d. Involuntary Transfer
e. Adverse Action
f. Censurable CHP 2
d. Involuntary Transfer
Informal Counseling is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation.
a. True
b. False
a. True
Allegations involving potential criminal misconduct by a NON-UNIFORMED employee shall be administratively investigated under which of the following circumstances.
a. Any criminal misconduct which could lead to a felony conviction
b. any criminal misconduct constituting a misdemeanor involving moral turpitude
c. Any Criminal misconduct where the employee has established a nexus to the Department
d. all of the above
e. A and C only
d. all of the above
Evidence pertaining to an administrative investigation shall be stored for a minimum of?
a. 3 years
b. 5 years
c. 7 years
d. Once the disciplinary action has been completed
e. Once the employee separates from the department
b. 5 years
All state employees are eligible to use leave credits in lieu of serving an adverse action penalty with some restrictions. true or false?
False, currently only bargaining Unit 5 employees and non-represented employees have that right
If so desired an employee must file an appeal of an adverse action with SPB Appeals Division within ________ after the effective date of the Notice of Adverse Action.
a. 10 days
b. 30 days
c. 90 days
d. Within a calendar year
e. There is no deadline to file an appeal
b. 30 days
According to HPM 10.2, the case management process is designed to allow the Area commander to track the status of the investigation. Once the investigation has been completed at the Area level, associated forms shall be removed form the investigative package and retained. Once removed, where are these case management forms retained?
at the Area level
According to HPM 10.2, Managers, supervisors, or other authorized personnel may only review non-threshold event video recordings (MVARS) under what circumstances?
Employee responsible for the MVARS event voluntarily agrees
Prior to the approved release due to a legal request
Proving or disproving specific allegations of misconduct
Area and Division commanders shall ensure an internal investigation is forwarded to OIA within how many days from the date the Area becomes aware of the misconduct?
60 calendar days
It is the Commander’s responsibility to notify what State agency when an employee is placed on a Department-initiated leave of absence? Such notification is coordinated by the OIA
California Department of Human Resources (CalHR)
The commander shall ensure the investigation of an employee on a Department-initiated leave of absence is given the highest priority and completed as expeditiously as possible. 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?
15 Calendar Days
During the course of an internal investigation, a commander requires the telephone and Internet records belonging to the employee. What is the legal document most commonly used to compel the production of such records?
Administrative subpoena duces tecum
Commanders contemplating the rejection of an employee should closely monitor the employee’s probation hours and/or days required to complete probation. Probationary periods cannot be extended to allow additional time for completion of the investigation. As such, commanders must initiate the process early enough to allow sufficient time for the completion of what three things?
the investigation
the approval process
service on the employee
In cases involving a formal written reprimand and suspension of an Officer or Sergeant, the effective date of the adverse action shall be no less than how many days after the date of service of the notice?
25 calendar days
What code do the representational right known as the Peace Officer Bill of Rights (POBR) come from?
California Government Code (sections 3300 and subsequent)
Does the Department extend POBR to other employee classes other than peace officers?
yes (all others except cadets)
Where are internal investigation control numbers obtained?
from the commands respective division
What may be initiated when an employee’s actions or performances are substandard?
the progressive discipline process
is an employee entitled to representation during a formal counseling session?
No (it is considered a routine business communication)
What are the six penalties for adverse actions?
“FSS-DID”
1) Formal written reprimand
2) Suspension
3) Reduction in salary
4) Demotion
5) Involuntary transfer
6) Dismissal
An internal investigation shall be completed and forwarded to OIA within ______ days
60
How long does the Department have to undertake adverse action against an employee once an alleged misconduct has been discovered
one year (except under certain circumstances)
Statements from departmental employees during an internal investigation ________be recorded
Shall
In most instances, it is reasonable to provide the employee _____ hours notice prior to an administrative interrogation.
24
RIGHTS OF DEPARTMENTAL PERSONNEL: (1-4)
By law, POBR applies to all ______ and _______ departmental personnel who are peace officers. By policy, the department has extended POBR rights to all other employees with the exception of ______
Probationary, Permanent, Cadets
To maintain the separation between investigators, _________ investigators shall not participate in _________ investigations.
Criminal, Administrative
Except as required by Penal Code 832.7, evidence gathered during an administrative investigation ________ not be released to an allied agency without first contacting OLA, and only with approval from __________
Shall, The Office of the Commissioner
The decision to consent to an interview with an outside investigator regarding a civil rights investigation should be at the sole discretion of ____________.
The departmental employee
Approval through channels from the appropriate _______shall be obtained before a commander may place an employee on leave of absence. For uniformed employees, a leave will also invoke a removal of __________.
Assistant Commissioner, Peace Officer Powers
A Department-initiated leave of absence may be terminated at any time by providing the employee with _____ hours notice.
48 hours