HPM 10.2 - Internal Investigations Manual Flashcards
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 _____ be made as soon as it is practical. If the alleged misconduct is egregious, the supervisor or manager shall make _____ notification to the succeeding level in the chain of command.
Shall / immediate
The _____ is the Department’s primary resource for guidance and assistance with the internal investigation process.
Office of Internal Affairs (OIA)
Absence for _____ 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.
Five
Formal counseling is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation.
True
This is a management tool used at the Division level to track internal investigations and to update the appropriate Assistant Commissioner and the Office of Internal Affairs (OIA) on case status.
CHP 7E (Internal Investigation Control Log)
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.
60 days
* Note: In complex cases where the investigations will exceed 60-days, the Division commander should contact the appropriate Assistant Commissioner to request an extension.
There are two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation. What are they?
Concurrent and consecutive
Criminal investigations shall be conducted _____ the administrative interrogation if involving the same employee and the same act(s).
Prior to
The Department is _____ to investigate all allegations of misconduct filed as a citizens’ complaint as provided in Section 832.5 of the California Penal Code.
Required
This is a detailed accounting of all actions taken and evidence obtained from the time Area became aware of the misconduct until the investigation was completed.
Chronological summary
If at the conclusion of an internal investigation the actions of the employee(s) do not merit adverse action or rejection during probation, the investigative file shall be prepared as a _____ Investigation.
Miscellaneous
Since the employee is ordered to answer questions, statements obtained during administrative interrogations _____ not be used to support a criminal investigation.
Shall
Requests for witness confidentiality _____ be honored.
Cannot (Due to the accused departmental employee’s right to review the allegation(s), as well as the right to prepare a potential defense.)
When an employee is subject to a criminal interrogation, the employee _____ be admonished of Miranda rights prior to any questioning.
Shall
An employee _____ be represented by anyone of the employee’s choosing during a criminal interrogation.
May
The involved employee _____ be provided official notice of administrative interrogation covering the full scope of questioning.
Shall
This form serves as the cover page for all administrative investigations (e.g., adverse actions, rejections during probation, miscellaneous investigations, complaints from departmental personnel, and non- punitive terminations).
CHP 7 (Internal Investigation)
A _____ investigation either exonerates an employee or documents misconduct which does not warrant an adverse action or rejection during probation.
Miscellaneous
Who (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.
The respective Division commander
Who (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).
The respective Assistant Commissioner
After review by the respective Assistant Commissioner, who (in the chain of command of the involved employee) 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.
Commissioner or Deputy Commissioner
