HPM 10.2 - Internal Investigations Manual

Question 1

An Adverse Action is defined as any _______, _______, ______, or other disciplinary action (19570 GC):

Answer 1

dismissal, demotion, suspension

HPM 10.2, Ch. 2, pg 1

Question 2

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.

Answer 2

Shall not

HPM 10.2, Ch. 2, pg 5

Question 3

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.

Answer 3

Internal investigation

HPM 10.2, Ch. 3, pg 1

Question 4

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.

Answer 4

Gather facts

HPM 10.2, Ch. 3, pg 1

Question 5

The Primary Investigator during an internal investigation shall be at least ___ ___ _____ than the involved employee.

Answer 5

One rank higher

HPM 10.2, Ch. 3, pg 2

Question 6

A photo line-up should have a minimum of __ photographs.

Answer 6

Six

HPM 10.2, Ch. 3, pg 4

Question 7

Statements of primary witnesses shall be _________ and should be __________ for potentially serious cases.

Answer 7

Tape recorded/transcribed

HPM 10.2, Ch. 3, pg. 5

Question 8

Interviews should be written in ____ ____ except when quotations are used.

Answer 8

Third person

HPM 10.2, Ch. 3, pg. 6

Question 9

A copy of the miscellaneous investigation file shall be retained at the Area for _______ except when employee resigns during investigation.

Answer 9

3 years

HPM 10.2, Ch. 3, pg. 14

Question 10

Copies of the adverse action shall be retained at both Area and Division levels for ___________.

Answer 10

5 years

HPM 10.2, Ch. 5, pg 10

Question 11

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.

Answer 11

Adverse action

HPM 10.2, Ch. 4, pg 4

Question 12

An employee shall have __ calendar days within which to file a written response to any adverse comment entered in his/her personnel file.

Answer 12

Thirty

HPM 10.2, Ch. 4, pg 5

Question 13

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)

Answer 13

Five/five

HPM 10.2, Ch. 7, pg 1

Question 14

Whenever possible, the Notice of Adverse Action shall be served on the employee personally. If not possible, service by ______ ___ can be used.

Answer 14

Certified mail with a returned receipt requested.

HPM 10.2, Ch. 6, pgs 3-4

Question 15

Service of Notice will be verified by__________________.

Answer 15

Completion of the Declaration of Service Form.

HPM 10.2, Ch 6, pg 4

Question 16

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

Answer 16

Prior

HPM 10.2, Ch. 7, pg 1

Question 17

When an affected employee is appealing an Adverse Action, the filing deadline is no later than ___ calendar days after service of an adverse action.

Answer 17

Thirty

HPM 10.2, Ch. 9, pg 1

Question 18

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.

Answer 18

Final

HPM 10.2, Ch. 9, pg 1

Question 19

The Public Safety Officers Procedural Bill of Rights (POBR) is specified in which code?

Answer 19

Government Code

HPM 10.2, Ch. 9, pg 1

Question 20

Who does the POBR apply to?

Answer 20

By policy, it applies to all employees except cadets

HPM 10.2, Ch. 1, pg 1

Question 21

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 _____ __ __________.

Answer 21

Notify his/her commander

HPM 10.2, Ch. 3, pg 2

Question 22

An administrative interrogation ______ be recorded.

Answer 22

Shall

HPM 10.2, Ch. 3, pg 9

Question 23

Does an employee have the right to record all aspects of the interrogation?

Answer 23

Yes

HPM 10.2, Ch. 3, pg 9

Question 24

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?

Answer 24

It is the sole discretion of the employee

HPM 10.2, Ch. 3, pg 12

Question 25

It is the policy of this Department to restrict the number of departmental representatives (interrogators) to a maximum of ___ during an administrative interrogation.

Answer 25

Two HPM 10.2, Ch. 4, pg 2

Question 26

Is an officer compelled (required) to answer all questions related to the investigation in an administrative interrogation?

Answer 26

Yes. Failure to do so may result in adverse action. HPM 10.2, Ch 3, pg 9 & Annex J

Question 27

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?

Answer 27

The employee shall immediately be notified of his/her Miranda rights. HPM 10.2, Ch. 4, pg 4

Question 28

Is an officer’s representative required to disclose information received from the officer who is under investigation for a non-criminal matter?

Answer 28

No HPM 10.2, Ch. 4, pg 4

Question 29

Under what condition(s) may an officer’s locker be searched?

Answer 29

Consent from the officer, or in the presence of the officer, or with a valid search warrant. HPM 10.2, Ch. 4, pg 6

Question 30

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?

Answer 30

No. If the employee requests representation, it shall be denied. HPM 10.2, Ch. 4, pg 7

Question 31

What is the most important part of the investigative file?

Answer 31

The exhibits. (they provide proof necessary to substantiate the charges). HPM 10.2, Ch. 5, pg 4

Question 32

What California code establishes the confidentiality of peace officers personnel records and provides the definition of personnel records?

Answer 32

California Penal Code sections 832.7 and 832.8

Question 33

If criminal charges are possible, the Area shall contact the office of the Commissioner ____ __ contacting the appropriate prosecuting authority.

Answer 33

Prior to HPM 10.2, Ch. 3, pg 12

Question 34

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.

Answer 34

May HPM 10.2, Ch. 4, pg 11

Question 35

Requests for Adverse Action or Rejection during probation shall normally be prepared/copied in __________.

Answer 35

Quintuplicate (original + 4 copies) HPM 10.2, Ch. 5, pg 9

Question 36

Copies of the Adverse Action will be distributed to _______.

Answer 36

Original + one copy to AIS through Division, one in Area, one to Division, and one to Employee. HPM 10.2, Ch. 5, pg 9

Question 37

During the course of the investigation, allegations of discrimination or harassment are discovered. The investigator is to immediately notify _____________.

Answer 37

His/her commander HPM 10.2, Ch. 3, pg 15

Question 38

In most cases, who has final review for a suspension of up to 5 days?

Answer 38

Division HPM 10.2, Ch. 1, pg 1-2

Question 39

In most cases, who was final review for suspension from 6 to 20 days?

Answer 39

Assistant commissioners HPM 10.2, Ch. 1, pg 1-2

Question 40

Who has final approval for suspensions over 20 days, dismissals, demotions, and rejections during probation?

Answer 40

Commissioner or Deputy Commissioner. HPM 10.2, Ch. 1, pg 2

Question 41

An employee’s representative may be someone other than a union representative, but shall not be ___________?

Answer 41

Anyone in his/her immediate chain of command. HPM 10.2, Ch. 4, pg 8