HPM 10.2 Internal Investigations Manual Flashcards
Investigations SHALL be conducted in a manner which will ensure:
all applicable protections are afforded.
All instances of alleged misconduct by departmental employees should/shall be investigated and, when appropriate, adverse action or rejection during probation initiated.
shall
Government code 19173 provides the authority to reject a probationary employee for the following reasons:
reasons relating to the employees qualifications, the good of service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility.
who has the authority to take adverse action or initiate rejection during probation?
the commissioner
By law, POBR applies to all probationary and permanent departmental personnel who are peace officers. By policy, who else is included?
all other employees with the exception of cadets
Managers and supervisors should/shall ensure all investigations are conducted in compliance with the provisions of POBR and protect the rights of employees.
shall
when a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, when shall notification to the next level in the chain of command be made?
as soon as practical
when a departmental supervisor or manager is notified of or discovers alleged misconduct that is EGREGIOUS on the part of an employee, when shall notification to the next level in the chain of command be made?
immediately.
what are the six penalties that can come from an adverse action?
- formal written reprimand
- suspension
- reduction in salary
- demotion
- Involuntary Transfer
- dismissal
The department shall only investigate allegations of misconduct when there is a nexus (or connection), between..
the acts and the individual’s employment with the dept.
Nexus is established in the following circumstances:
- the acts occurred while the employee was on duty, regardless of location or assignment
- all criminal acts by uniformed employees, either on or off duty
- all criminal acts by non-uniformed employees, either on or off duty, which constitute a felony or crime of moral turpitude.
- while off duty, an individual’s employment status is affirmatively established by an overt act. (trying to get leniency for being a member of dept.)
- any off duty misconduct with a clear connection to the employee’s continued ability to perform his/her job (ex. non-uniformed employee w a suspended driver license cannot perform duties that require a valid DL.
- misconduct that would bring discredit to the dept.
Normally, mere knowledge of employment status with the dept. is sufficient to…
establish a nexus
during an interrogation, the employee has the right to representation by a person of their choosing. however, the officer must choose a representative who…
is reasonably available to represent the officer and who is physically able to represent the officer at the reasonably scheduled interrogation.
all administrative emails shall be audio/video/both recorded.
audio
what is arbitration?
the process of resolving a dispute or grievance outside of the court system with an impartial third party. in cases of minor discipline (1-5 day suspension), a bargaining unit 5 employee who is not satisfied with the decision rendered in the pre-disciplinary hearing may, through the appropriate collective bargaining unit, submit a request for arbitration.
how many consecutive working days (whether voluntary or involuntary) is considered an automatic resignation from state service.
5 days
what is the Bazemore admonition?
when employees shall be notified that misconduct for which they are being counseled may be charged in a future adverse action if the written document contains the bazemore admonition.
what is the lowest level of adverse action?
formal written reprimand
what is the lybarger admonishment?
an admonishment given in administrative interrogations which advises the subject that they do not have the right to refuse to answer criminal questions.
what happens when an employee refuses to answer admin interrogation questions?
insubordination
can statements in an administrative hearing be used in a criminal proceeding?
no
what is considered a ‘minor discipline?’
a discipline that involves a penalty consisting of 1- 5 working day suspension or equivalent step reduction in pay.
are Miranda warnings required when an employing agency is conducting a criminal investigation on one of its employees
yes, shall be given.
who should serve as a predisciplinary hearing officers during an adverse action?
Division commander, or a designated assistant chief.
what is a pre disciplinary hearing?
when the employee and their rep have the opportunity to present a response to the proposed adverse action and any mitigating factors
a one-month, 5 percent reduction in pay is equivalent to how long?
1 working day suspension
who needs to approve the removal of an employee with a specialty pay position
the appropriate assistant commissioner
is an employee entitled to representation during a formal counseling?
no, formal counseling is a routine business communication, therefore is not a part of the grievance process.
when should a MOD be issued?
when poor performance or misconduct merits a more severe punishment, but an adverse action level has not been reached.
what SHALL a MOD contain?
a bazemore admonition
CHP 2 censurable is used for a single act which is…
not likely to happen in the future. CHP 2 SHALL not contain the bazemore admonition.
when an area becomes aware of misconduct, how long do the area and division commanders have to get the report to the Office of internal Affairs?
60 calendar days.
in the event the investigation will exceed 60 days, who has to contact who and request an extension?
Division commander must contact appropriate assistant commissioner to request extension.
whenever an employee of this dept, including the employee subject to the investigation, learns of another agency is conducting an inquiry into allegations of criminal misconduct, what SHALL they do?
IMMEDIATELY notify a supervisor or manager. Commander shall notify OIA through proper channels.
when internal investigations originate while an employee is working a temporary assignment within the dept. who remains responsible for that investigation?
their permanent commander, unless directed by division commander to be done by temp commander or supervisor.
when an investigation involves multiple employees assigned to different commands, who shall be appointed as the primary investigative command?
a single division or command, section or unit shall be appointed as the primary investigative command.
An AA 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 dept’s discovery of the allegation.
1 year
what are the exceptions to exceeding the 1 year time frame for beginning an AA?
- cannot be completed within a year due to a pending criminal investigation by another law enforcement agency.
- the employee waives the one year time frame in writing.
- a reasonable extension is necessary to coordinate a multi-jurisdictional investigation.
- the investigation involves more than 1 employee and requires extension.
- investigation involves an employee who is incapacitated or otherwise unavailable due to military leave or extended vacation.
when should a probationary employee be served with a notice of rejection during probation?
prior to the last day of the probationary period
if a departmental-initiated leave of absence exceeds 30 calendar days, who has to approve it?
Cal HR
if an employee is placed on a leave of absence without pay, the investigation must be completed, reviewed and the employee served with the notice within how many days?
15 calendar days
who has to approve a commander from removing peace officer powers from an employee?
appropriate assistant commissioner
T/F when an employee breaks departmental equipment, they will have the option to pay for the replacement or repair of the item in lieu of an adverse action or other corrective action.
true
during an investigation. investigators shall review and obtain copies of policies violated. the investigators shall also contact the OPI to obtain…
the version of policy in place at the time of the incident.
care must be taken to ensure that the material obtained was what was in effect at the time of the alleged misconduct.
How long should evidence pertaining to an administrative investigation be stored?
5 years (beginning with the date of the investigation is initiated or the life of the investigative file, whichever is longer)
an employee’s assigned locker or other place of storage, which are owned or leased by the department, shall not be searched unless the search is conducted under the following circumstances:
- in the involved employee’s presence
- with the employees consent
- valid search warrant obtained (the prosecuting authority should be contacted after the appropriate assistant commissioner)
- when the employee has been notified that a search will be conducted, the employee should be provided a reasonable opportunity to respond to the dept.’s search location and observe the search.
T/F an employee’s desk can normally be entered by a supervisor to locate work related material, however, when the command has allowed a reasonable expectation of privacy such as a key to the desk, the provisions of the Government code apply.
True
