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Sgt study > HPM 10.2 - Internal Investigations Manual > Flashcards

HPM 10.2 - Internal Investigations Manual Flashcards

1
Q

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

A

dismissal, demotion, suspension

HPM 10.2, Ch. 2, pg 1

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2
Q

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.

A

Shall not

HPM 10.2, Ch. 2, pg 5

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3
Q

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.

A

Internal investigation

HPM 10.2, Ch. 3, pg 1

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4
Q

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.

A

Gather facts

HPM 10.2, Ch. 3, pg 1

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5
Q

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

A

One rank higher

HPM 10.2, Ch. 3, pg 2

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6
Q

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

A

Six

HPM 10.2, Ch. 3, pg 4

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7
Q

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

A

Tape recorded/transcribed

HPM 10.2, Ch. 3, pg. 5

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8
Q

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

A

Third person

HPM 10.2, Ch. 3, pg. 6

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9
Q

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

A

3 years

HPM 10.2, Ch. 3, pg. 14

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10
Q

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

A

5 years

HPM 10.2, Ch. 5, pg 10

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11
Q

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.

A

Adverse action

HPM 10.2, Ch. 4, pg 4

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12
Q

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

A

Thirty

HPM 10.2, Ch. 4, pg 5

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13
Q

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)

A

Five/five

HPM 10.2, Ch. 7, pg 1

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14
Q

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

A

Certified mail with a returned receipt requested.

HPM 10.2, Ch. 6, pgs 3-4

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15
Q

Service of Notice will be verified by__________________.

A

Completion of the Declaration of Service Form.

HPM 10.2, Ch 6, pg 4

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16
Q

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

A

Prior

HPM 10.2, Ch. 7, pg 1

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17
Q

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

A

Thirty

HPM 10.2, Ch. 9, pg 1

18
Q

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.

A

Final

HPM 10.2, Ch. 9, pg 1

19
Q

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

A

Government Code

HPM 10.2, Ch. 9, pg 1

20
Q

Who does the POBR apply to?

A

By policy, it applies to all employees except cadets

HPM 10.2, Ch. 1, pg 1

21
Q

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 _____ __ __________.

A

Notify his/her commander

HPM 10.2, Ch. 3, pg 2

22
Q

An administrative interrogation ______ be recorded.

A

Shall

HPM 10.2, Ch. 3, pg 9

23
Q

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

A

Yes

HPM 10.2, Ch. 3, pg 9

24
Q

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?

A

It is the sole discretion of the employee

HPM 10.2, Ch. 3, pg 12

25
Q

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

A

Two

HPM 10.2, Ch. 4, pg 2

26
Q

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

A

Yes. Failure to do so may result in adverse action.

HPM 10.2, Ch 3, pg 9 & Annex J

27
Q

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?

A

The employee shall immediately be notified of his/her Miranda rights.

HPM 10.2, Ch. 4, pg 4

28
Q

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

A

No

HPM 10.2, Ch. 4, pg 4

29
Q

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

A

Consent from the officer, or in the presence of the officer, or with a valid search warrant.

HPM 10.2, Ch. 4, pg 6

30
Q

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?

A

No. If the employee requests representation, it shall be denied.

HPM 10.2, Ch. 4, pg 7

31
Q

What is the most important part of the investigative file?

A

The exhibits. (they provide proof necessary to substantiate the charges).

HPM 10.2, Ch. 5, pg 4

32
Q

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

A

California Penal Code sections 832.7 and 832.8

33
Q

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

A

Prior to

HPM 10.2, Ch. 3, pg 12

34
Q

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.

A

May

HPM 10.2, Ch. 4, pg 11

35
Q

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

A

Quintuplicate (original + 4 copies)

HPM 10.2, Ch. 5, pg 9

36
Q

Copies of the Adverse Action will be distributed to _______.

A

Original + one copy to AIS through Division, one in Area, one to Division, and one to Employee.

HPM 10.2, Ch. 5, pg 9

37
Q

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

A

His/her commander

HPM 10.2, Ch. 3, pg 15

38
Q

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

A

Division

HPM 10.2, Ch. 1, pg 1-2

39
Q

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

A

Assistant commissioners

HPM 10.2, Ch. 1, pg 1-2

40
Q

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

A

Commissioner or Deputy Commissioner.

HPM 10.2, Ch. 1, pg 2

41
Q

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

A

Anyone in his/her immediate chain of command.

HPM 10.2, Ch. 4, pg 8

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