HPM 10.2- Internal Investigations

Question 1

Investigations of allegations ___ be done thoroughly, objectively, and in a timely manner.

Answer 1

SHALL

Question 2

Investigations ___ be conducted in a manner which will ensure all applicable protections are afforded.

Answer 2

SHALL

Question 3

All employees ____ be treated professionally, with dignity and respect.

Answer 3

WILL

Question 4

All instances of alleged misconduct by departmental employees ___ be investigated and, when appropriate, adverse action or rejection during probation initiated.

Answer 4

SHALL

Question 5

Government Code § ___ 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.

Answer 5

19173 GC

Question 6

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 ____ always be reviewed.

Answer 6

SHALL

Question 7

If the CBA has different processes than policy, the process identified in the ____ is controlling.

Answer 7

CBA

Question 8

Except where otherwise indicated, the authority to take adverse action or initiate a rejection during probation is vested with the appointing power, the ___.

Answer 8

commissioner

Question 9

Employees must ____ _____ any lawful orders or directives from a supervisor, manager, or officer in charge. This includes orders or directives from a superior which are conveyed by an employee of the same or lesser rank.

Answer 9

promptly obey

Question 10

If an employee receives a conflicting order or directive, the employee must respectfully call the conflict to the attention of the supervisor giving the last order. If the person giving the last order does not change or rescind it, the employee ___ obey it, and ___ responsible for disobeying the first order.

Answer 10

MUST, IS NOT

Question 11

Employees ___ never obey orders they know or reasonably should have known would require them to commit reasonably-apparent illegal acts.

Answer 11

SHALL

Question 12

The Public Safety Officers Procedural Bill of Rights Act (POBR) is specified in California ___.

Answer 12

GC 3300 ET SEQ

Question 13

By ___, POBR applies to all probationary and permanent departmental personnel who are peace officers. By ___, the Department has extended POBR rights to all other employees with the exception of cadets.

Answer 13

LAW, POLICY

Question 14

Commanders ___ require all involved supervisory and managerial staff to review Chapter 11, Public Safety Officers Procedural Bill of Rights Act (POBR), prior to the initiation of an internal investigation.

Answer 14

SHOULD

Question 15

If an internal investigation appears appropriate, the commander ___ discuss the allegations with the assistant chief in the commander’s immediate chain of command. With Division concurrence, an internal investigation ___ be initiated.

Answer 15

SHALL, SHALL

Question 16

Upon initiation of an internal investigation, Division shall notify the appropriate Assistant Commissioner. The ___ shall also be notified for tracking purposes.

Answer 16

OFFICE OF INTERNAL AFFAIRS

Question 17

The OIA, which reports directly to the Office of the Assistant Commissioner, ___, is the Department’s primary resource for guidance and assistance with the internal investigation process.

Answer 17

STAFF

Question 18

An internal investigation is an official inquiry, utilizing departmental investigative resources, into alleged misconduct by departmental employees. Internal investigations may lead to ____ ______.

Answer 18

administrative action

Question 19

Administrative Investigation is _ _____ ______ 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 section 19572.

Answer 19

a formal investigation

Question 20

Once initiated, an administrative investigation has four possible outcomes:

Answer 20

• ADVERSE ACTION
• REJECTION FROM PROBATION
• MISC INVESTIGATION
• NON-PUNITIVE TERMINATION

Question 21

Adverse action penalties consist of:

Answer 21

• FORMAL WRITTEN REPRIMAND
• SUSPENSION
• REDUCTION IN SALARY
• DEMOTION
• INVOLUNTARY TRANSFER
• DISMISSAL

Question 22

The Department ___ 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.

Answer 22

MAY

Question 23

___ is 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.

Answer 23

MISC INVESTIGATION

Question 24

___ is action 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.

Answer 24

NON-PUNITIVE TERMINATION

Question 25

The Department ___ 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.

Answer 25

SHALL

Question 26

A(n) ___ Hearing is 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.

Answer 26

COLEMAN

Question 27

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. Subjects are also advised that failure to answer administrative questions will be deemed insubordination. Further, any statement made during an administrative interrogation cannot be used in a subsequent criminal proceeding.

Answer 27

LYBARGER

Question 28

Preponderance of evidence is a significantly lesser threshold than “beyond a reasonable doubt.” Preponderance of evidence is often referred to as ___________

Answer 28

“the standard of 51 percent.

Question 29

_____ _____ 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.

Answer 29

Progressive discipline

Question 30

Progressive discipline provides the employee with the tools and awareness to bring performance to an acceptable level.

Answer 30

TRUE

Question 31

Interim reporting is ___ a disciplinary option.

Answer 31

NOT

Question 32

Preventative actions are proactive steps that reduce or eliminate the need for corrective or adverse action. It is the supervisor’s responsibility to engage and lead the employee in the right direction, as opposed to merely documenting the actions of the employee.

Answer 32

TRUE

Question 33

Adequate ongoing training for all classifications is a preventative action. Supervisors and managers must ensure that employees attend required training and address training issues in a timely manner when appropriate (e.g., officer safety, policy changes).

Answer 33

TRUE

Question 34

Providing clearly defined job duties, conduct, expectations, and objectives is a ____ _____.

Answer 34

preventative action

Question 35

Providing periodic and routine assessment and feedback of job performance to some employees and providing employees with critical, constructive, and comprehensive feedback regarding job performance and conduct on an ongoing basis before a problem develops is a ____ ______.

Answer 35

preventative action

Question 36

The goal of written or verbal corrective actions is to bring the employee’s performance to an______ level and to prevent continued misconduct or poor performance.

Answer 36

acceptable

Question 37

Types of counseling are ____ __ ______. The primary difference between the two is documentation.

Answer 37

Informal and Formal

Question 38

The following are considered corrective documentation, except:

Answer 38

MEMORANDUM OF EXPECTATION

Question 39

A memorandum of counseling will ___ _____ contain a Bazemore Admonition.

Answer 39

not normally

Question 40

A memorandum of direction ___ contain a Bazemore Admonition.

Answer 40

SHALL

Question 41

A censurable CHP 2 ___ ____ contain a Bazemore Admonition.

Answer 41

SHALL NOT

Question 42

A formal request for adverse action should be initiated if the employee does not respond to preventive and/or corrective actions, or the acts of misconduct are severe.

Answer 42

TRUE

Question 43

Salary reduction in response to adverse action:

Answer 43

A salary reduction may be one (1) or more salary steps down to the minimum salary of the employee’s class.


Question 44

A salary reduction is normally imposed in lieu of a suspension when an employee’s continued service is necessary.

Answer 44

TRUE

Question 45

A salary reduction penalty is not available for an employee working at ____ _____.

Answer 45

bottom step

Question 46

Suspension shall be specified in calendar days and may consist of a penalty ranging from one (1) work day to ____ ____ ______.

Answer 46

several pay periods

Question 47

Any holiday falling within the suspension __ ___ counted as a working day.

Answer 47

IS NOT

Question 48

An involuntary transfer is a transfer from one Area office to another Area office, or a transfer out of a specialized position. An involuntary transfer included as a penalty in an Adverse Action is subject to review by the State Personnel Board.

Answer 48

TRUE

Question 49

A demotion may be permanent or temporary. If 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.

Answer 49

TRUE

Question 50

Dismissal may or may not be preceded by other forms of adverse action (i.e., progressive discipline). Dismissed employees ___ ____ 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 (Title 2, CCR, Section 211).

Answer 50

shall not

Question 51

Regarding an internal investigation, the assigned primary investigator shall be at least ___ rank(s) higher than the highest ranking involved employee, unless otherwise approved by the Division commander or appropriate Assistant Commissioner.

Answer 51

ONE

Question 52

The ___ is responsible for the quality and timeliness of the internal investigation.

Answer 52

COMMANDER

Question 53

Area and Division commanders shall ensure the investigation is forwarded to OIA within ___ calendar days from the date the Area becomes aware of the misconduct.

Answer 53

60

Question 54

In complex cases where the investigations will exceed ___-days, the Division commander should contact the appropriate Assistant Commissioner to request an extension.

Answer 54

60

Question 55

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 ___ misconduct involving a member of the Department, the employee shall immediately notify a supervisor or manager.

Answer 55

CRIMINAL

Question 56

Employees ___ be informed of the availability of resources, such as Employee Assistance Program (EAP), at appropriate times during the investigation.

Answer 56

SHALL

Question 57

When potential criminal misconduct is identified, the commander ___ ensure the appropriate Division commander and OIA are notified.

Answer 57

SHALL

Question 58

There are two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation:

Answer 58

CONCURRENT AND CONSECUTIVE

Question 59

Which investigation should be conducted first?

Answer 59

CRIMINAL

Question 60

To maintain the separation between investigations, criminal investigators ____ _____ participate in administrative interrogations (although it may be permissible to assist in planning the interrogation).

Answer 60

shall not

Question 61

Commonly, the administrative investigator will have access to all information gathered in the criminal investigation, but can preclude the criminal investigator from having access to material from the administrative investigation.

Answer 61

TRUE

Question 62

If an employee of this Department is requested to be interviewed by investigators pursuant to a civil rights investigation, the decision to consent to an interview with an outside investigator regarding a civil rights investigation shall be at the sole discretion of the ______ _______ (either as a witness to, or the subject of, an investigation).

Answer 62

departmental employee

Question 63

If an employee of this Department is requested to be interviewed by investigators pursuant to a civil rights investigation, if such an interview is conducted on state time, a departmental supervisor _____ be present.

Answer 63

SHALL

Question 64

The Department ______ ______ investigate all allegations of misconduct filed as a citizens’ complaint as provided in Section 832.5 of the California Penal Code.

Answer 64

IS REQUIRED TO

Question 65

All internal investigations which involve a cadet as the subject, regardless of a temporary assignment, will be the responsibility of the ___.

Answer 65

ACADEMY COMMANDER

Question 66

Employees assigned to special programs that remove them from direct departmental supervision (e.g., drug/vehicle theft task forces) will be the responsibility of the employee’s:

Answer 66

DEPARTMENTAL COMMANDER

Question 67

Internal investigations which originate while an employee is working a temporary assignment within the Department, such as a protective services detail, motor carrier inspection program, watch officer, etc., remain the responsibility of the employee’s permanent commander.

Answer 67

TRUE- HOWEVER, DIVISION COMMANDERS MAY DIRECT SUCH INVESTIGATIONS BE CONDUCTED BY THE TEMPORARY ASSIGNMENT COMMANDER OR SUPERVISOR.

Question 68

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. As with all multiple employee investigations, each employee shall have a separate internal investigation file prepared with its own investigation control number.

Answer 68

TRUE

Question 69

Pursuant to Government Code (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 ___ of the Department’s discovery of the allegation by a person authorized to initiate an internal investigation (typically a supervisor or above).

Answer 69

12 MONTHS

Question 70

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 ___ 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.”

Answer 70

3 YEARS

Question 71

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 § 3303[e]) or commander’s approval/

Answer 71

TRUE

Question 72

The Department shall not release residence information or photographs to the media, even if the employee is _____ _______.

Answer 72

criminally prosecuted

Question 73

Approval through channels from the appropriate _____ _______ shall be obtained before a commander may remove peace officer powers.

Answer 73

Assistant Commissioner

Question 74

All peace officer employees having those powers removed shall surrender all Department-issued badges and officer safety equipment (incidental items, such as rain gear, are ____included).

Answer 74

NOT

Question 75

Commanders may, during the early stages of an investigation, wish to notify an employee who is the subject of an administrative investigation.

Answer 75

TRUE

Question 76

Policy regarding lost or damaged state equipment is contained in HPM 11.2, Materials Management Manual, Chapter 16, Lost, Stolen, Damaged, or Destroyed State-Owned Equipment.

Answer 76

YUP

Question 77

Policy regarding lost or damaged computer equipment is contained in HPM 40.4, Information Security and Administration Manual, Chapter 2, General.

Answer 77

UH HUH

Question 78

Certain collective bargaining agreements (CBAs) contain a clause which permits the Department the option of allowing employees to______ the Department for the cost of the lost or damaged equipment in lieu of an adverse action or other corrective action (e.g., censurable CHP 2 or Memorandum of Direction/Findings).

Answer 78

reimburse

Question 79

In order to improve quality and shorten completion times of in-depth administrative investigations, each Division may form and utilize a Division-specific ___.

Answer 79

INVESTIGATIVE CADRE

Question 80

The investigator shall meet with the commander (or designee) and establish an investigative plan. Once a plan has been agreed upon, the primary investigator should ensure the following steps are taken, except:

Answer 80

Begin chronological summary
Conduct POBR review
Determine need for outside resources
DONT NOTIFY EMPLOYEE OF PENDING INVESTO

Question 81

If applicable, the investigator ___ visit the scene of the incident at the same or approximate time of day of the occurrence.

Answer 81

SHOULD

Question 82

Evidence consists of testimony, writings, material objects, or anything presented to the senses and offered to prove or disprove a fact. Items shall be evaluated, collected, preserved, and entered into evidence in accordance with Highway Patrol Manual (HPM) 70.1 EVIDENCE Manual.

Answer 82

TRUE

Question 83

At the beginning of an investigation, review the employee’s official personnel file for evidence of prior misconduct or performance problems. Additionally, items which are positive and may be mitigating in nature should be reviewed. This review will also assist with the preparation of the CHP 7B, Employee Profile, form when documenting the investigation. Employee history review ___ be recorded in the chronological summary.

Answer 83

SHALL

Question 84

In cases where there is a large pool of potentially unidentified witnesses, the _____ ______ _____ can be sent to individuals contacted by the involved employee. The questionnaires offer the citizen the opportunity to discuss and rate contacts with the involved employee.

Answer 84

CITIZENS RESPONSE QUESTIONAIRE

Question 85

Labor Code § 432.7 allows investigators to request copies of records pertaining to the arrest or detention of peace officer employees prior to conviction.

Answer 85

TRUE

Question 86

Labor Code § 432.7 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.

Answer 86

TRUE

Question 87

If the commander feels a polygraph or VSA examination is necessary, the commander ___ request approval through channels from the Office of the Commissioner and coordinate through the OIA.

Answer 87

SHALL

Question 88

Employees ______ not be compelled to submit to a polygraph or voice stress analysis.

Answer 88

SHALL

Question 89

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.

Answer 89

TRUE

Question 90

Evidence pertaining to an administrative investigation shall be stored for a minimum of ___ year(s) (beginning with the date the investigation is initiated or the life of the investigative file, whichever is longer.)

Answer 90

5 YEARS

Question 91

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 (except):

Answer 91

In the involved employees presence, with consent, with valid search warrant and consult assistant commissioner, employee should be provided reasonable opportunity to observe search.

Question 92

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 ___ _____ ____searched without a warrant or consent.

Answer 92

may not be

Question 93

An employee’s desk ___ ______ 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.

Answer 93

can normally

Question 94

An administrative subpoena duces tecum is a legal document utilized by state departments to compel the production of papers, books, accounts, documents, any writing as defined by Evidence Code § 250, tangible things, and testimony pertinent or material to any inquiry, investigation, hearing, proceeding, or action conducted in any part of the state.

Answer 94

TRUE

Question 95

Testimonial evidence is ____ the most valuable information obtained in an investigation.

Answer 95

OFTEN

Question 96

Administrative interrogations involve compelled statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations shall not be used to support a ____ _______.

Answer 96

criminal investigation

Question 97

Two graveyard partner officers are investigated for allegations of excessive force during an enforcement stop. One of the officers is also being investigated for improper sexual relationships during duty hours the prior month while on day shift. Any information regarding the sexual misconduct allegation would not be appropriate for release to the partner officer, even though it is part of the same overall investigation. It should, therefore, be addressed in a separate interview and/or interrogation.

Answer 97

TRUE

Question 98

All statements from departmental employees who are interviewed as witnesses during internal investigations ___ be recorded. Prior approval to record a statement need not be obtained.

Answer 98

SHALL

Question 99

Statements obtained from non-departmental witnesses are to be recorded, unless the witness objects to the recording. In such instances, a memorandum____ be prepared by the investigator summarizing the statements.

Answer 99

shall

Question 100

Both federal and state law ____ _____ 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.

Answer 100

PROVIDE FOR

Question 101

Unless previously approved by the Office of the Commissioner, video recordings ____ ____ be made of administrative interrogations.

Answer 101

shall not

Question 102

Due to their versatility, it is recommended that digital audio recorders be used during interviews and interrogations. If a digital device is used to record an interrogation and/or interview, a copy of all recordings made shall be transferred to a compact disc and a copy of the disc shall be included with each copy of the investigative file (as an exhibit).

Answer 102

TRUE

Question 103

Transcriptions are______ written records of an interview or interrogation, completed by departmental personnel or through professional transcription services. Since there is no interpretation or filtering (as in a summary), transcripts offer the best record of an interview or interrogation.

Answer 103

VERBATIM

Question 104

For all ___ cases, the employee’s interrogation shall be transcribed in its entirety. The assigned investigator(s) shall be responsible for ensuring the accuracy of such transcriptions.

Answer 104

DISMISSAL

Question 105

Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a __________________.

Answer 105

Miranda Warning (Miranda v. Arizona [1966] 384 U.S. 436) to protect the employee’s rights (refer to Chapter 2, Terms and Definitions)

Question 106

Members of the Department not accused of misconduct ___ obligated to cooperate with investigators and have an affirmative duty to answer questions during internal investigations.

Answer 106

ARE

Question 107

Departmental employees who are witnesses__ ___ have a right to know the nature of the investigation.

Answer 107

DO NOT

Question 108

Witness 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 ___ _____ _____.

Answer 108

will be stopped

Question 109

If an employee refuses to be interviewed, whether due to a perception of culpability or for any other reason, the investigator ___ consult with the chain of command for guidance before ordering the employee to comply.

Answer 109

SHOULD

Question 110

If, at any time during the interview, the investigator believes the employee is either admitting to actionable misconduct or is engaging in misconduct through failure to cooperate, the interview shall be immediately stopped to protect the employee’s rights. An _____ ______ may then be required.

Answer 110

administrative interrogation

Question 111

Interviews can be accomplished by a single investigator or by an investigative team, limited to a maximum of ___ investigators.

Answer 111

TWO

Question 112

Criminal interrogations __ ____ compelled statements; therefore, the person questioned may choose which questions to answer.

Answer 112

are not

Question 113

Notification is ___ required prior to a criminal interrogation.

Answer 113

NOT

Question 114

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.

Answer 114

TRUE

Question 115

Employees ___ required to be present for a criminal interrogation. 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.

Answer 115

ARE

Question 116

While criminal investigators may not participate in an administrative interrogation, an administrative investigator should observe the criminal interrogation. This is desirable if an employee waives Miranda rights during a criminal interrogation and agrees to answer questions. In this case, the entire criminal statement should be included in both investigations.

Answer 116

TRUE

Question 117

To maintain the separation between investigations, criminal investigators ___ ____ participate in administrative interrogations.

Answer 117

shall not

Question 118

Although it is not prohibited, subjecting an employee to multiple administrative interrogations regarding the same matter ___ be avoided.

Answer 118

SHOULD

Question 119

The CHP Form 8 is:

Answer 119

THE ADMINISTRATIVE INTERROGATION RECORD

Question 120

All applicable portions of the CHP 8 should be completed prior to the interrogation. The nature of the investigation on the CHP 8 should be the same as the Notice of Administrative Interrogation unless further clarification was needed prior to beginning the interrogation.

Answer 120

TRUE

Question 121

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 of ___.

Answer 121

Miranda rights

Question 122

____ is 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 (Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822). Subjects are also advised that failure to answer administrative questions will be deemed insubordination. Further, any statement made during an administrative interrogation cannot be used in a subsequent criminal proceeding.

Answer 122

LYBARGER

Question 123

The interrogation shall be conducted at a reasonable hour, preferably when the employee is on duty, or during the employee’s normal waking hours, unless the seriousness of the investigation requires otherwise. If conducted outside of the employee’s scheduled hours of work, the employee ___ be entitled to overtime.

Answer 123

SHALL

Question 124

At the conclusion of the interrogation, the employee representative ___ be allowed an opportunity to question the employee to clarify facts, make clarifying statements, or suggest other employees who have knowledge of them.

Answer 124

SHALL

Question 125

At the conclusion of the interrogation, the investigator ___ advise the employee of the Department’s Employee Assistance Program (EAP), the services it offers, and, if applicable, provide the employee with a formal supervisory EAP referral.

Answer 125

SHOULD

Question 126

Written interrogatories ___ be used sparingly and only at the discretion of the Area or Division commander.

Answer 126

SHOULD

Question 127

In accordance with Evidence Code § 970 - 981, the marital privilege exempts a married person from having to testify against a spouse _ __ _____.

Answer 127

in any proceeding

Question 128

The CHP Form 7 is the __________________.

Answer 128

internal investigation cover page for all internal investigations

Question 129

The CHP Form 7A is the internal investigation involved parties (witnesses, investigators, and representatives not listed on the CHP Form 7).

Answer 129

UH HUH

Question 130

The CHP Form 7B is the __________________.

Answer 130

internal investigation employee profile

Question 131

The respective ____ _____ (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.

Answer 131

Division commander

Question 132

The respective ___ ______ (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).

Answer 132

Assistant Commissioner

Question 133

After review by the respective Assistant Commissioner (in the chain of command of the involved employee), the ____ _______ 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.

Answer 133

Commissioner or Deputy Commissioner

Question 134

A ___ provides the affected employee with an opportunity to respond prior to the imposition of discipline, rejection during probation, or termination, or reassignment for medical reasons as required by state law.

Answer 134

PRE-DISCIPLINARY HEARING

Question 135

The ___ hearing is an informal review conducted by an “impartial and disinterested” representative of the appointing power (the “___” officer) as a response to “absent without leave” (AWOL) proceedings.

Answer 135

COLEMAN

Question 136

An employee ___ voluntarily resign from a position with the Department by submitting a written or oral resignation to the employee’s commander. Either form of resignation is equally binding on an employee.

Answer 136

MAY

Question 137

If an employee fails to meet the minimum qualifications for the employee’s job classification and a decision has been made to terminate the employee, an administrative investigation shall be completed in accordance with this manual and documented as a ____ ______.

Answer 137

NON-punitive termination

Question 138

___ 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.

Answer 138

PROGRESSIVE DISCIPLINE

Question 139

Which document(s) can contain the Bazemore Admonition?

Answer 139

MOC/ MOD

Question 140

How many penalty types exist for adverse actions?

Answer 140

6

Question 141

When a departmental supervisor 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 ___.

Answer 141

AS SOON AS PRACTICAL

Question 142

Which of the following is not considered a penalty for Adverse Actions?

Answer 142

MEMORANDUM OF DIRECTION

Question 143

An internal investigation is an official inquiry, utilizing departmental investigative resources, into alleged misconduct by departmental employee, and may lead to ___.

Answer 143

ADVERSE ACTION

Question 144

The principal goal of all internal investigations is to objectively ___ regarding allegations of misconduct or substandard performance.

Answer 144

IDENTIFY THE FACTS

Question 145

The Primary Investigator during an internal investigation shall be at least ___ than the involved employee.

Answer 145

ONE RANK HIGHER

Question 146

A photo line-up for an internal investigation should have a minimum of ___ photographs.

Answer 146

SIX

Question 147

All statements from departmental employees who are interviewed as witnesses during internal investigations ___ be recorded. The employee being interrogated ___ have the right to bring a personal audio recording device to record any and all aspects of the interrogation.

Answer 147

SHALL/ SHALL

Question 148

A copy of the miscellaneous investigation file shall be retained at the Area for___ except when employee resigns during investigation.

Answer 148

5 YEARS

Question 149

Copies of the adverse action shall be retained at the Area level for ___.

Answer 149

5 YEARS

Question 150

An employee has the right to be represented at all times during investigations that focuses of matters which are likely to result in ___ against the employee.

Answer 150

ADVERSE ACTION

Question 151

An Employee shall have ___calendar days within which to file a written response to any adverse comment entered in his/her personnel file.

Answer 151

30

Question 152

A “minor” adverse action is an action which requests a penalty of ___ days or less or a step reduction in salary for ___ months or less (excluding formal written reprimands)

Answer 152

FIVE/ FIVE

Question 153

Whenever possible, the Notice of Adverse Action shall be served on the employee personally. If not possible, service by ___ can be used.

Answer 153

CERTIFIED MAIL WITH A RETURNED RECEIPT REQUESTED

Question 154

Service of Notice will be verified by ___.

Answer 154

COMPLETION OF THE DECLARATION OF SERVICE FORM

Question 155

The action taken by the Department is ___ if the affected employee fails to file an appeal within the required time periods or withdraws an appeal previously filed.

Answer 155

FINAL

Question 156

In the event an employee is requested to be interviewed by investigators from an outside agency (FBI, US DOT, etc.) pursuant to a civil rights investigation, the decision to consent to the interview is made by who?

Answer 156

EMPLOYEE

Question 157

It is the policy of this Department to restrict the number of departmental representatives (interrogators) to a maximum of ___ during an administrative interrogation?

Answer 157

TWO

Question 158

Is an officer compelled (required) to answer all questions related to the investigation in an administrative interrogation?

Answer 158

YES, FAILURE TO DO SO MAY RESULT IN ADVERSE ACTION

Question 159

If prior to, or during an administrative interrogation, it is determined that the employee may be charged with a criminal offense, what shall be done?

Answer 159

THE EMPLOYEE SHALL IMMEDIATELY BE NOTIFIED OF HIS/HER Miranda rights

Question 160

An officer’s representative is ____ _____ to disclose information received from the officer who is under investigation for a non-criminal matter?

Answer 160

NOT REQUIRED

Question 161

Under what condition may an officer’s locker be searched?

Answer 161

OFFICERS CONSENT
OFFICER PRESENT
VALID SEARCH WARRANT

Question 162

An employee _________ to representation when meeting with a supervisor during the normal course of duty, counseling, instruction, or during the issuance of verbal or written admonishments, or any other unplanned or routine contact?

Answer 162

DOES NOT HAVE THE RIGHT

Question 163

What California Code establishes the confidentiality of peace officers personnel records and provides the definition of personnel records?

Answer 163

CA PENAL CODE

Question 164

Requests for Adverse Action or Rejection during Probation shall normally be prepared/copied in ___.

Answer 164

QUINTUPLICATE

Question 165

During the course of the investigation, allegations of discrimination or harassment are discovered. Appropriate notifications shall be made to ___.

Answer 165

DIVISION AND THE OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY

Question 166

In most cases who has final review for a suspension of up to 5 days?

Answer 166

DIVISION COMMANDER

Question 167

In most cases who has final review for suspension from 6 to 20 days?

Answer 167

ASSISTANT COMMISSIONER

Question 168

Who has final approval for suspensions over 20 days, dismissals, demotions and rejections during probation?

Answer 168

Commissioner or Deputy Commissioner

Question 169

An employee’s representative may be someone other than a union representative, but shall not be ___

Answer 169

ANYONE IN THEIR IMMEDIATE CHAIN OF COMMAND