HPM 10.2 - Internal Investigations Manual Flashcards
An Adverse Action is defined as _______, _______, ______, or other disciplinary action (19570 GC):
HPM 10.2, Ch. 2, pg 1
Dismissal, demotion, suspension
The decision to initiate an internal investigation or serve an employee notice of a proposed disciplinary action ____, be influenced by the employee’s retirement eligibility or separation due to an injury.
HPM 10.2, Ch. 2, pg 5
Shall not
An _________ is an inquiry by departmental personnel concerning alleged misconduct or substandard performance on the part of any departmental employee which leads to or may lead to adverse action.
HPM 10.2, Ch. 3, pg 1
Internal investigation
The objective of an internal investigation shall be to ______ which will either clear the employee, provide a basis for corrective action, or lead to adverse action.
HPM 10.2, Ch. 3, pg 1
Gather facts
The Primary Investigator during an internal investigation shall be at least __________ than the involved employee.
HPM 10.2, Ch. 3, pg 2
One rank higher
A photo line-up should have a minimum of _______________ photographs.
HPM 10.2, Ch. 3, pg 4
Six
Statements of primary witnesses shall be _________ and should be __________ for potentially serious cases.
HPM 10.2, Ch. 3, pg. 5
Tape recorded/transcribed
Interviews should be written in _____________ except when quotations are used.
HPM 10.2, Ch. 3, pg. 6
Third person
A copy of the miscellaneous investigation file shall be retained at the Area for _______ except when employee resigns during investigation.
HPM 10.2, Ch. 3, pg. 14
3 years
Copies of the adverse action shall be retained at both Area and Division levels for ___________.
HPM 10.2, Ch. 5, pg 10
5 years
An employee has the right to be represented at all times during investigations that focuses on matters which are likely to result in ___________ against the employee.
HPM 10.2, Ch. 4, pg 4
Adverse action
An employee shall have __ calendar days within which to file a written response to any adverse comment entered in his/her personnel file.
HPM 10.2, Ch. 4, pg 5
Thirty
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 reprimands)
HPM 10.2, Ch. 7, pg 1
Five/five
Whenever possible, the Notice of Adverse Action shall be served on the employee personally. If not possible, service by __________ can be used.
HPM 10.2, Ch. 6, pgs 3-4
Certified mail with a returned receipt requested.
Service of Notice will be verified by__________________.
HPM 10.2, Ch 6, pg 4
Completion of the Declaration of Service Form.
A Pre-disciplinary or rejection hearing provides the affected employee with an opportunity to respond ______ to the imposition of discipline, rejection during probation, or termination/reassignment for medical reasons as required by Title 2, California Code of Regulations (CCR) 52.3
HPM 10.2, Ch. 7, pg 1
Prior
When an affected employee is appealing an Adverse Action, the filing deadline is no later than ___ calendar days after service of an adverse action.
HPM 10.2, Ch. 9, pg 1
Thirty
The action taken by the Department is _______ if the affected employee fails to file an appeal within the required time period or withdraws an appeal previously filed.
HPM 10.2, Ch. 9, pg 1
Final
The Public Safety Officers Procedural Bill of Rights (POBR) is specified in which code?
HPM 10.2, Ch. 9, pg 1
Government Code
Who does the POBR apply to?
HPM 10.2, Ch. 1, pg 1
By policy, it applies to all employees except cadets
When an employee of the Department, including the subject to investigation, learns that another agency is conducting an investigation involving CHP personnel, he/she shall immediately _________________.
HPM 10.2, Ch. 3, pg 2
Notify his/her commander
An administrative interrogation ______ be recorded.
HPM 10.2, Ch. 3, pg 9
Shall
Does an employee have the right to record all aspects of the interrogation?
HPM 10.2, Ch. 3, pg 9
Yes
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 whom?
HPM 10.2, Ch. 3, pg 12
It is the sole discretion of the employee
It is the policy of this Department to restrict the number of departmental representatives (interrogators) to a maximum of ___ during an administrative interrogation.
HPM 10.2, Ch. 4, pg 2
Two
Is an officer compelled (required) to answer all questions related to the investigation in an administrative interrogation?
HPM 10.2, Ch 3, pg 9 & Annex J
Yes. Failure to do so may result in adverse action.
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?
HPM 10.2, Ch. 4, pg 4
The employee shall immediately be notified of his/her Miranda rights.
Is an officer’s representative required to disclose information received from the officer who is under investigation for a non-criminal matter?
HPM 10.2, Ch. 4, pg 4
No
Under what condition(s) may an officer’s locker be searched?
HPM 10.2, Ch. 4, pg 6
Consent from the officer, or in the presence of the officer, or with a valid search warrant.
Does an employee have the right 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?
HPM 10.2, Ch. 4, pg 7
No. If the employee requests representation, it shall be denied.
What is the most important part of the investigative file?
HPM 10.2, Ch. 5, pg 4
The exhibits. (they provide proof necessary to substantiate the charges).
What California code establishes the confidentiality of peace officers personnel records and provides the definition of personnel records?
California Penal Code sections 832.7 and 832.8
If criminal charges are possible, the Area shall contact the office of the Commissioner ______ ______ contacting the appropriate prosecuting authority.
HPM 10.2, Ch. 3, pg 12
Prior to
Whenever a Bargaining Unit 5 employee, through neglect or misuse, loses or damages departmentally issued safety and police protective equipment, or any other departmentally issued equipment, the Department __________ allow the employee to reimburse the Department for lost or damaged equipment at current replacement or repair cost.
HPM 10.2, Ch. 4, pg 11
May
Requests for Adverse Action or Rejection during probation shall normally be prepared/copied in __________.
HPM 10.2, Ch. 5, pg 9
Quintuplicate (original + 4 copies)
Copies of the Adverse Action will be distributed to _______.
HPM 10.2, Ch. 5, pg 9
Original + one copy to AIS through Division, one in Area, one to Division, and one to Employee.
During the course of the investigation, allegations of discrimination or harassment are discovered. The investigator is to immediately notify _____________.
HPM 10.2, Ch. 3, pg 15
His/her commander
In most cases, who has final review for a suspension of up to 5 days?
HPM 10.2, Ch. 1, pg 1-2
Division
In most cases, who was final review for suspension from 6 to 20 days?
HPM 10.2, Ch. 1, pg 1-2
Assistant commissioners
Who has final approval for suspensions over 20 days, dismissals, demotions, and rejections during probation?
HPM 10.2, Ch. 1, pg 2
Commissioner or Deputy Commissioner.
An employee’s representative may be someone other than a union representative, but shall not be ___________?
HPM 10.2, Ch. 4, pg 8
Anyone in his/her immediate chain of command.
