HPM 10.2 Internal Investigations Manual Flashcards
What form shall a notification of internal investigation be sent on?
CHP 7G
Name the 9 categories of serious misconduct indicated under SB2.
- Dishonesty
- Abuse of power
- Physical Abuse
- Sexual Assault
- Demonstrating Bias
- Acts that violate the law.
- Law Enforcement Gand
- Failure to Cooperate
- Failure to Intercede.
Name the 6 adverse action penalties.
1 Formal written reprimand.
2 Suspension.
3 Reduction in salary.
4 Demotion.
5 Involuntary transfer.
6 Dismissal.
Off Duty misconducty, Uniformed of Non-Uniformed may establish a nexus to the Department if the activity is what?
Directly relates to the employees job duties.
Examples:
1 An accountant assigned to the Fiscal Management Section who commits theft.
2 An automotive technician privately selling departmental automotive parts.
3 An off-duty officer at a social gathering providing preliminary alcohol screening tests to drivers.
Non-Uniformed:
An off-duty criminal act which has resulted in a conviction or which may lead to a conviction for what 2 things shall be administratively investigated?
- Felony
- Crime of moral turpitude
Crimes of moral turpitude involve what 7 criteria?
- dishonesty,
- fraud,
- deceit,
- larceny,
- misrepresentation,
- deliberate intent to harm,
- or those that reflect adversely on a person’s honesty or trustworthiness.
In progressive discipline name the 6 preventative actions?
- Training
- Expectations
- Communication (positive and respectful work environment).
- Routine Assessment
- Supervision (leading by example.
- EAP
When initiating an internal investigation, the commander shall ensure the investigators review which Chapter of 10.2
Chapter 11 POBR
Non-Uniformed Criminal Misconduct.
Allegations involving potential criminal misconduct by a non-uniformed employee shall be administratively investigated only under the following 3 circumstances:
(1) Any criminal misconduct which could lead to a felony conviction.
(2) Any criminal misconduct constituting a misdemeanor involving moral
turpitude.
(3) Any criminal misconduct where the employee has established a nexus to
the Department.
Tolling the 1 year timeline for an Internal Investigation is only applicable when who is performing the criminal investigation?
An allied agency
MVARS Recordings make take place during what Non-Threshold events?
1 voluntarily agrees to the viewing.
2 a legal request (e.g., Public Records Act
request, Information Practices Act request, formal or informal
discovery request).
3 For the purposes of proving or disproving specific allegations of
misconduct.
During an Administrative Investigation when collected evidence will not be retained in its original condition, ie when a crashed patrol vehicle needs to be repaired prior to the case being fully adjudicated, the employee’s commander shall ensure what?
that proper notice of pending
destruction/repair is provided to the subject employee and the employee’s designated representative by issuing a Destruction/Repair of Evidence memorandum. (A copy shall be included in the investigative file).
A probationary employee must be served with a notice of Rejection During Probation within how many days prior to the last day of their probationary period.
10 to 15 days
Formal Written Reprimand and Suspension (Officers and Sergeants).
1 The effective date of the adverse action shall be no less than how many calendar days after the date of service of the notice?
25
All notices of adverse action shall be served within how many calendar days of the Department’s decision to impose discipline, defined as when the
notice is approved by the Office of the Commissioner?
30 days
