HPM 10.2 - Internal Investigations Manual Flashcards
An Adverse Action is defined as any _______, _______, ______, or other disciplinary action (19570 GC):
dismissal, demotion, suspension
HPM 10.2, Ch. 2, pg 1
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.
Shall not
HPM 10.2, Ch. 2, pg 5
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.
Internal investigation
HPM 10.2, Ch. 3, pg 1
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.
Gather facts
HPM 10.2, Ch. 3, pg 1
The Primary Investigator during an internal investigation shall be at least ___ ___ _____ than the involved employee.
One rank higher
HPM 10.2, Ch. 3, pg 2
A photo line-up should have a minimum of __ photographs.
Six
HPM 10.2, Ch. 3, pg 4
Statements of primary witnesses shall be _________ and should be __________ for potentially serious cases.
Tape recorded/transcribed
HPM 10.2, Ch. 3, pg. 5
Interviews should be written in ____ ____ except when quotations are used.
Third person
HPM 10.2, Ch. 3, pg. 6
A copy of the miscellaneous investigation file shall be retained at the Area for _______ except when employee resigns during investigation.
3 years
HPM 10.2, Ch. 3, pg. 14
Copies of the adverse action shall be retained at both Area and Division levels for ___________.
5 years
HPM 10.2, Ch. 5, pg 10
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.
Adverse action
HPM 10.2, Ch. 4, pg 4
An employee shall have __ calendar days within which to file a written response to any adverse comment entered in his/her personnel file.
Thirty
HPM 10.2, Ch. 4, pg 5
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)
Five/five
HPM 10.2, Ch. 7, pg 1
Whenever possible, the Notice of Adverse Action shall be served on the employee personally. If not possible, service by ______ ___ can be used.
Certified mail with a returned receipt requested.
HPM 10.2, Ch. 6, pgs 3-4
Service of Notice will be verified by__________________.
Completion of the Declaration of Service Form.
HPM 10.2, Ch 6, pg 4
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
Prior
HPM 10.2, Ch. 7, pg 1
When an affected employee is appealing an Adverse Action, the filing deadline is no later than ___ calendar days after service of an adverse action.
Thirty
HPM 10.2, Ch. 9, pg 1
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.
Final
HPM 10.2, Ch. 9, pg 1
The Public Safety Officers Procedural Bill of Rights (POBR) is specified in which code?
Government Code
HPM 10.2, Ch. 9, pg 1
Who does the POBR apply to?
By policy, it applies to all employees except cadets
HPM 10.2, Ch. 1, pg 1
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 _____ __ __________.
Notify his/her commander
HPM 10.2, Ch. 3, pg 2
An administrative interrogation ______ be recorded.
Shall
HPM 10.2, Ch. 3, pg 9
Does an employee have the right to record all aspects of the interrogation?
Yes
HPM 10.2, Ch. 3, pg 9
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?
It is the sole discretion of the employee
HPM 10.2, Ch. 3, pg 12
It is the policy of this Department to restrict the number of departmental representatives (interrogators) to a maximum of ___ during an administrative interrogation.
Two
HPM 10.2, Ch. 4, pg 2
Is an officer compelled (required) to answer all questions related to the investigation in an administrative interrogation?
Yes. Failure to do so may result in adverse action.
HPM 10.2, Ch 3, pg 9 & Annex J
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?
The employee shall immediately be notified of his/her Miranda rights.
HPM 10.2, Ch. 4, pg 4
Is an officer’s representative required to disclose information received from the officer who is under investigation for a non-criminal matter?
No
HPM 10.2, Ch. 4, pg 4
Under what condition(s) may an officer’s locker be searched?
Consent from the officer, or in the presence of the officer, or with a valid search warrant.
HPM 10.2, Ch. 4, pg 6
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?
No. If the employee requests representation, it shall be denied.
HPM 10.2, Ch. 4, pg 7
What is the most important part of the investigative file?
The exhibits. (they provide proof necessary to substantiate the charges).
HPM 10.2, Ch. 5, pg 4
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.
Prior to
HPM 10.2, Ch. 3, pg 12
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.
May
HPM 10.2, Ch. 4, pg 11
Requests for Adverse Action or Rejection during probation shall normally be prepared/copied in __________.
Quintuplicate (original + 4 copies)
HPM 10.2, Ch. 5, pg 9
Copies of the Adverse Action will be distributed to _______.
Original + one copy to AIS through Division, one in Area, one to Division, and one to Employee.
HPM 10.2, Ch. 5, pg 9
During the course of the investigation, allegations of discrimination or harassment are discovered. The investigator is to immediately notify _____________.
His/her commander
HPM 10.2, Ch. 3, pg 15
In most cases, who has final review for a suspension of up to 5 days?
Division
HPM 10.2, Ch. 1, pg 1-2
In most cases, who was final review for suspension from 6 to 20 days?
Assistant commissioners
HPM 10.2, Ch. 1, pg 1-2
Who has final approval for suspensions over 20 days, dismissals, demotions, and rejections during probation?
Commissioner or Deputy Commissioner.
HPM 10.2, Ch. 1, pg 2
An employee’s representative may be someone other than a union representative, but shall not be ___________?
Anyone in his/her immediate chain of command.
HPM 10.2, Ch. 4, pg 8
