HPM 10.2 Internal Investigations Manual Flashcards
What is the purpose of the internal investigations manual?
To establish policy, and to provide supervisors clear guidelines on internal investigations where adverse action or rejection during probation appears warranted.
When shall internal investigations be undertaken?
All instances of alleged misconduct by department employees, and when appropriate , adverse action or rejection during probation.
Who has the Department extended the protections of the POBR?
All departmental employees, except cadets.
Who has final approval authority for all adverse action penalties?
The Commissioner.
What level of review do Division Commanders handle?
Formal written reprimand up to, and including, five day suspensions.
What level of review does AC Field handle?
Six through 2-day suspensions, or removal of BU 5 personnel from specialty pay positions.
What level of review does AC Staff handle?
Six through 2-day suspensions for headquarters personnel, and rejections during probation for cadets.
What level of review do the Commissioner and Deputy Commissioner handle?
Final review for all suspensions in excess of 2 days, dismissals, demotions, and rejections during probation.
What is the purpose of the Dismissal Review Panel?
To determine if allegations of an employee warrant dismissal. Recommendations are submitted to the Commissioner prior to final decision.
Who investigates adverse actions or rejections during probation, which allege misconduct of cadets?
BIA.
Who investigates adverse actions or rejections during probation, for performance related deficiencies?
Personnel and Training Division.
What are the two primary functions of the BIA Investigation Unit?
Conducting internal investigations. Investigating possible worker’s comp fraud.
What is required prior to requesting assistance from the BIA Investigation Unit?
Permission through channels to the appropriate Asst. Commissioner.
What is the definition of adverse action?
Dismissal, demotion, suspension, or other disciplinary action.
What is not included in the definition of adverse action?
Censurable Incident Report (CHP 2). Memorandum of Correction. Memorandum of findings. Other documentation of supervisory counseling.
What is part of the initial selection process for the various ranks and classifications within the Department?
Probationary period.
What can the appointing power reject a probationer for?
Reasons relating to the probationer’s qualifications, the good of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility.
Under what circumstances would a commander consider relieving the employee from his or her duties?
When dismissal or rejection during probation is probable.
Under what circumstances would an employee generally be put on leave of absence with pay?
If the employee is under investigation for a serious offense, or is deemed to be in the best interest of the Department or employee.
A commander may terminate the leave by giving how much notice to the employee in writing?
48 hours.
May a commander remove peace officer powers from a uniformed employee?
Yes, with approval through channels from the appropriate Assistant Commissioner.
What is done when an employee voluntarily resigns in lieu of adverse action or rejection during probation?
The investigation will be completed and sent to BIA where it will be included in the employees personnel file.
May a manager or supervisor exert undue influence, or subject employees to duress, to obtain a resignation?
No
Can an employee be forced to wait prior to submitting his resignation?
No, it is the employee’s right to resign immediately.