HPM 10.2 Internal Investigations Manual

Question 1

What instances of alleged misconduct by departmental employees SHALL be investigated?

Answer 1

All instances of alleged misconduct.

Question 2

When SHALL the supervisor or manager make immediate notification to the succeeding level of command when they are notified of or discover alleged misconduct?

Answer 2

When the alleged misconduct is egregious. All others should be made as soon as practical.

Question 3

Who must the commander discuss the allegations with for concurrence if an internal investigation appears appropriate?

Answer 3

The assistant chief in the commanders immediate chain of command.

Question 4

What is the goal of written or verbal corrective actions?

Answer 4

To bring the employee’s performance to an acceptable level and to prevent continued misconduct or poor performance.

Question 5

In an informal or formal counseling session is the employee entitled to representation?

Answer 5

No, it is considered a routine business communication.

Question 6

Where is a formal counseling session to be documented?

Answer 6

It should be documented on the supervisors evaluation form (CHP 112) and also the employee’s monthly evaluation form.

Question 7

What SHALL be included in a MOD?

Answer 7

The Bazemore Admonition

Question 8

What is considered Corrective Documentation?

Answer 8

It is the next step in the progressive discipline process.

• Monthly evaluation comment
• Memorandum of Counseling
• Memorandum of Direction
• Censurable CHP 2.

Question 9

What is the purpose of Corrective Documentation?

Answer 9

Is to memorialize corrective action in response to unacceptable actions of substandard performance.

Question 10

What are the six (6) types of penalties for adverse actions?

Answer 10

1. Formal Written Reprimand
2. Salary Reduction with Salary Range of the Class
3. Suspension
4. Involuntary Transfer
5. Demotion
6. Dismissal from State Service

Question 11

When an employee learns they are, or another employee is, under investigation by another law enforcement agency when should they notify an a supervisor or manager?

Answer 11

the employee SHALL immediately notify a supervisor or manager.

Question 12

Can compelled statements made during an administrative interrogation be used in a criminal investigation?

Answer 12

Compelled statements SHALL not be used in a criminal investigation.

Question 13

When SHALL Criminal interrogations be performed during internal investigations?

Answer 13

They SHALL be conducted prior to the administrative interrogation if involving the same employee and the same acts.

Question 14

Should the criminal investigator participate in a administrative interrogation?

Answer 14

The criminal investigator(s) SHALL not participate in administrative interrogations. Although, it may be permissible to assist in planning the interrogations.

Question 15

After the administrative interrogation has been conducted should the criminal and administrative investigators have any additional contact?

Answer 15

They SHALL not have any further contact regarding the investigation until all criminal aspects have been resolved.

Question 16

For uniformed employee’s should the criminal investigation and/or arrest record be included with the administrative investigation?

Answer 16

It SHALL be included.

Question 17

For non- uniformed employee’s should the criminal investigation and/or arrest record be included with the administrative investigation?

Answer 17

It will not be included unless the criminal investigation resulted in a conviction.

Question 18

What allegations of misconduct by non-uniformed employee’s SHALL be administratively investigated?

Answer 18

1. Any criminal misconduct which could lead to a felony conviction.
2. Any criminal misconduct constituting a misdemeanor involving moral turpitude.
3. Any criminal misconduct where a nexus to the Department was established by the employee.

Question 19

If an employee consents to a civil rights investigation interview on state time who SHALL be present?

Answer 19

A departmental supervisor and the interview SHALL be tape recorded.

Question 20

What is the time limit for an adverse action investigation?

Answer 20

one (1) year. If the investigation is not completed in the one (1) year time frame adverse action shall not be taken against the employee. unless certain conditions are met.

Question 21

How long ago could the alleged misconduct occurred and the Department still take Adverse Action against an employee?

Answer 21

Three (3) years.

Question 22

Should statements from departmental employees who are interviewed during internal investigations be recorded?

Answer 22

They SHALL be recorded

Question 23

Should statements from non-departmental witnesses be recorded during internal investigations?

Answer 23

They should be recorded unless the witness objects.

Question 24

Should video recordings be made of administrative interrogations?

Answer 24

They SHALL NOT be made

Question 25

How SHALL administrative interrogations be documented?

Answer 25

Either summarized on a memorandum or transcribed. If an interview is transcribed it does not need to be summarized.

Question 26

What SHALL an involved employee be served with prior to an Administrative Interrogation?

Answer 26

They Shall be provided official notice of interrogation covering the full scope of questioning.

Question 27

At the conclusion of an administrative Interrogation what should you advise the employee?

Answer 27

The Departments Assistance Program (EAP) and the confidentiality order.

Question 28

Post interrogation what should the investigator do with the digital recording?

Answer 28

A copy SHALL be saved to a CD and booked into evidence.