HPM 10.2 Internal Investigations Manual Flashcards
What is the Departmental Philosophy for Internal Investigations?
It is the policy of the 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.
Are any/all instances of alleged misconduct by departmental employees investigated?
Yes. All instances of alleged misconduct by departmental employeesshall be investigated and, when appropriate, adverse action or rejection during probation initiated.
True or False
Internal Investigations Manual takes precedence over Collective Bargaining Agreements (CBA - Contracts)
FALSE
If the CBA has different processes, the process identified in the CBA (Contract) is controlling.
Are employees required to obey lawful orders or directives from a supervisor, manager OR officer-in-charge?
Yes, this includes orders or directives from a superior which are conveyed by an employee of the same or lesser rank.
What Government Code covers the Public Safety Officers Procedural Bill of Rights Act?
The Public Safety Officers Procedural Bill of Rights Act (POBR) is specified in California G.C. 3300 et seq.
What should Commanders require all involved supervisory and managerial staff to review prior to the initiation of an internal investigation?
Chapter 11, Public Safety Officers Procedural Bill of Rights Act (POBR)
Who should the commander discuss allegations supporting an internal investigation with prior to initiating the investigation?
The assistant chief in the commander’s immediate chain of command. With Division concurrence, an internal investigationshall be initiated.
When an internal investigation begins who should commanders immediately contact?
Commandersshall make immediate notification to the appropriate Division and obtain an investigation control number. Division in turn notifies Office of Internal Affairs. Divisions may implement procedures to permit commands to notify Office of Internal Affairs directly, however an investigation control number must still be obtained from the respective Division.
What 5 itemsshall be included in an internal investigation notification to the Office of Internal Affairs?
1 The investigation control number.
2 Name, rank, and identification number of the employee(s) involved.
3 Date(s) of the alleged incident, the date the Area became aware of the misconduct, and the date the investigation is due to OIA.
4 If rejection during probation is being considered, the date the employee’s probation ends shall also be included.
5 Brief summary of the alleged misconduct or substandard performance.
What is an Adverse Action?
Adverse Action is 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.
What is rejection during probation?
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.
What is a Miscellaneous Investigation?
A Miscellaneous Investigation is an administrative investigation from which the employee is exonerated, separates from state service, transfers to a new agency, or the conduct does not warrant an adverse action or rejection during probation.
What is a Nexus to Employment and how does it relate to allegations of misconduct?
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 the basis for disciplinary or corrective action.
What are the 7 Nexus’ that establish a basis for disciplinary or corrective action?
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 of off-duty, which constitute a felony or crime of moral turpitude (A crime of moral turpitude is a crime that disrespects and antagonizes societal norms. Typically, crimes involving moral turpitude are done with vicious, evil intent. They contradict rules upheld by polite society to the point where the crime itself is seen as shocking and disgusting).
4 - While off duty, an individual’s employment status is affirmatively established by an overt act. Examples include employees who are subject to enforcement action requesting leniency while identifying themselves as members of the Department, or employees identifying themselves as members of the Department.
5 - An 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’s license cannot perform duties which require a valid license.
6 - The misconduct is of such a nature that it could bring discredit to the Department.
7 - Normally, mere knowledge of an employment status with the Department is insufficient to establish a nexus.
What is an Administrative Interrogation?
The formal and direct questioning of an employee to determine the facts of an internal investigation. Administrative Interrogationsshall be conducted in compliance with the POBR, applicable collective bargaining agreements and all relative statutes.
True or False
During an Administrative Interrogation, the employee has the right to representation by a person of the employee’s choosing.
TRUE
True or False
Administrative Interrogationsshould be recorded.
FALSE
Administrative Interrogationsshall be recorded.
What is a “Bazemore Admonition or Warning”
A notification to an employee that misconduct for which they are being counseled may be charged in a future Adverse Action if the conduct continues.
Example Bazemore Admonition :
Your conduct on this occasion was unacceptable and will not be tolerated by this department. If you engage in similar conduct in the future, the department will take adverse action against you based on the incidents cited in this memorandum, as well as any future incidents.
True or False
The Bazemore Admonitionshould be included in all Memoranda of Directions which are counseling or remedial in nature.
FALSE
The Bazemore Admonitionshall be included in all Memoranda of Directions which are counseling or remedial in nature.
True or False
The Bazemore Admonition included in a Memoranda of Direction shall be stated verbatim.
TRUE
What is Brady Material?
Brady Material consists of exculpatory or impeaching information that is material to the guilt or punishment of the defendant (Brady vs. Maryland - 1963).
FollowingBrady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses.
Police officers who have been dishonest are sometimes referred to as “Brady cops.” Because of the Brady ruling, prosecutors are required to notify defendants and their attorneys whenever a law enforcement official involved in their case has a sustained record for knowingly lying in an official capacity. Lists of such officers are known as “Brady lists”. The growing use of Brady, both in the federal and state sectors, is one of the most important changes affecting police officers’ employment.
What is a Memorandum of Counseling?
A Memorandum of Counseling is issued to an employee to formally document supervisory counseling pertaining to misconduct, behavior, or poor performance. A MOCshould not contain a Bazemore Admonition, although this is at the discretion of the Commander.
What is Absence without Leave?
An absence for 5 consecutive working days (voluntary or involuntary) is considered automatic resignation from state service, effective from the last day the employee worked.
What is Progressive Discipline’s intent?
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. Progressive Discipline provides the employee with the tools and awareness to bring their performance to an acceptable level.