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LEVEL UP 2024 > HPM 10.2 - INTERNAL INVESTIGATIONS - PROGRESSIVE DISCIPLINE > Flashcards

HPM 10.2 - INTERNAL INVESTIGATIONS - PROGRESSIVE DISCIPLINE Flashcards

1
Q

What contains the terms and conditions of employment for represented employees?

A

Collective Bargaining Agreements (CBS’s)

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2
Q

The authority to take Adverse Action or initiate a rejection during probation, is vested with the appointing power, __________

A

The commissioner

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3
Q

When dept. supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, what should happen?

A

Notify next level in chain of command asap

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4
Q

What are possible penalties resulting from an Adverse Action?

A
  1. Formal (written) reprimand
  2. Salary reduction
  3. Suspension
  4. Involuntary Transfer
  5. Demotion
  6. Dismissal

Get the FISSDD

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5
Q

All admin interrogations shall be _________

A

audio recorded

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6
Q

Lowest level of an adverse action

A

Formal written reprimand (doesn’t result in a monetary penalty)

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7
Q

Admonishment given in admin interrogation which advises subjects of the interrogations that THEY DO NOT HAVE THE RIGHT TO REFUSE TO ANSWER ADMIN QUESTIONS

A

Lybarger Admonishment

(Nibarger says YOU CAN’T REFUSE))

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8
Q

Minor discipline involves a penalty consisting of a ___ to ___ working day suspension or equivalent step-reduction in pay. (Officers and Sergeants)

A

1-5 working day suspension

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9
Q

Is informal counseling subject to the grievance process?

Is the employee entitled to representation?

A

No

No

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10
Q

Is FORMAL counseling subject to the grievance process?

Is the employee entitled to representation?

A

No

No

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11
Q

Primary difference between formal and informal counseling is

A

Documentation

Employee receives some form of documentation after session

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12
Q

A formal counseling session should be documented on the supervisors’ _______ and the employee’s ________

A

CHP 112 - Management Summary

CHP 100 - Monthly Eval Form

(no representation necessary)

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13
Q

Area and division commanders shall ensure the investigation is forwarded to OIA within __ calendar days.

A

60 calendar days from date the area becomes aware of misconduct.

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14
Q

Adverse action shall not be undertaken against an employee for any act, omission, or other allegation of misconduct if the investigation is not completed within ____ year(s) of the Dept’s discovery of the allegation by a person authorized to initiate an internal investigation.

A

Within 1 year

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15
Q

Steps of Progressive Discipline

4

A

CCCA

  1. Informal Counseling
  2. Formal Counseling
  3. Corrective Documentation (100, 112, MOC, MOD, Form 2)
  4. Adverse Actions
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16
Q

Rejection during probation - Employee must be served with a notice of rejection during probation when?

A

Prior to the last day of the probationary period

This allows time for the pre-disciplinary hearing

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17
Q

If an officer is under investigation and the office makes them take a leave of absence that extends past 30 days, ____ approval is required. Also, _____ shall be informed by email when a Department initiated leave of absence status changes or is removed.

A

CalHR approval required

Notify OIA

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18
Q

When an employee is placed on a leave of absence without pay, the investigation must be completed, reviewed, and the employee served with the notice of adverse action within ____ calendar days

A

Within 15 calendar days

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19
Q

Can employees be compelled to submit to a polygraph or voice stress analysis?

A

No - and employee can’t get in trouble for refusing to submit to these

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20
Q

Evidence pertaining to an admin investigation shall be stored for a minimum of ___ years.

A

5 years

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21
Q

Evidence shall remain in the command which originally completed the investigation, regardless of any subsequent _________ of the involved employee.

A

Transfers

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22
Q

Only times you can search an employee’s locker or storage (that’s owned by Dept) is when search is conducted under one of following conditions :

A
  • In employee’s presence
  • With consent of employee
  • Search warrant
  • After employee has been notified that a search will happen. Reasonable opportunity given to respond to the location and observe the search
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23
Q

What kind of evidence is often the most valuable?

A

Testimonial

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24
Q

Criminal interrogations involved people suspected of criminal conduct, so legal protections apply to their statement (__________ advisement)

Administrative interrogations involve ______ statements.

A

Miranda advisement

Compelled statements. These statements CANNOT be used to support criminal investigation.

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25
Q

All statements from Dept employees who are interviewed as witnesses during internal investigations SHOULD BE / SHALL BE recorded.

A

SHALL Be. Don’t need approval.

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26
Q

Who has final approval authority for all administrative investigations?

A

The commissioner. (They have delegated final review of admin investigations in most cases)

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27
Q

Investigations that resulted in a formal written reprimand shall be retained for __ years; however, a copy of the formal written reprimand shall be removed from the field personnel folder after a period of ___ years from date the employee was service with AA notice.

A

Keep for 5 years

Removed from personnel folder after 3 years

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28
Q

Any corrective documentation issued to an employee as result of internal investigation (Form 2, MOD, etc) shall be removed from employee’s personnel folder after ___ years.

A

3 years

However, document, which is an exhibit, shall remain with internal investigation itself until scheduled destruction of investigation.

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29
Q

Adverse Action - An employee may file an appeal with the SPB Appeals Division no later than __ calendar days after effective date of a Notice of Adverse Action

A

30 days

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30
Q

Rejection During Probation - A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than __ calendar days after effective date one rejection.

A

15 calendar days

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31
Q

Public safety officer shall have __ days within which to file a written response to any adverse comment entered in the employee’s personnel file.

A

30 days

32
Q

AA is defined as

A

Dismissal, Demotion, suspension or other disciplinary action.

a Form 2, MOD or MOF are NOT Adverse Actions

33
Q

Employees shall serve AA time up to __ days off consecutively

A

43

34
Q

All complaints against members of the department will be investigated. The conclusion of the complaint will be documented as one of the following: (4 things)

A
  1. Adverse Action
  2. Rejection During Probation
  3. Anonymous Complaint
  4. Misc. Investigation (no AA is warranted)
35
Q

Corrective documentions (CHP 100, CHP 112, MOC, MOD, Form 2) do NOT include the _________ Admonition

A

Bazemore

36
Q

Copies of sustained AA’s remain in the employees file for ___ years

A

5 years

37
Q

Employee has the right to review anything in their file and have ____ days to file a written response to anything added to their file.

A

30 days

38
Q

Can an employee select a private attorney to represent them in an AA?

A

Yes

39
Q

Are employees allowed to reimburse the department for lost or damaged equipment in lieu of an AA?

A

Yes

40
Q

Cadets are afforded representation through ______.

But are NOT entitled to ________.

A

Through CAHP. Can be repped from CAHP.

Not entitled to POBR rights.

41
Q

Minor investigations, with the concurrence of the division commander, can be documented in the _______ format

A

“Short Format”

42
Q

When an employee loses or damages state property and AA might happen, ___________ will prepare the memo, not the employee.

A

The supervisor

43
Q

If an employee chooses to reimburse the department for lost or damaged equipment, can the employee still be given a written reprimand?

A

No - they SHALL NOT

44
Q

If an employee feels their rights are violated during an AA, they may file charges with ____________ against the department.

A

the Superior Court

45
Q

Objective of an internal investigation is to gather facts that will either:
1.
2.
3.

A
  1. Clear the officer
  2. Provide for corrective action
  3. Lead to AA
46
Q

Whenever an investigation is initiated, commanders shall notify __________ or ___________.

A

Division or Office of Investigations (OINV)

47
Q

Commands shall provide updates, via Com-net, on IA investigations the ______ of every month during the investigation.

A

1st of every month

48
Q

Can the primary investigator be the same rank as the involved employee?

A

No - must be one rank higher

49
Q

The investigation interview narrative should be written in ________ person.

A

Third person

50
Q

When collected evidence is going to be destroyed, the effected employee (SHOULD / SHALL) be notified by memo of pending destruction or repair of evidence.

A

SHALL

51
Q

Can the employee or union rep inspect evidence prior to its destruction?

A

Yes

52
Q

Any infö on a bill/receipt not pertaining to that investigation will be ____________ by the employee.

A

Crossed out

53
Q

If employee will not provide files or permission for release of personal files for the investigation, the investigator MAY request an ____________________ to compel the employee to provide the files.

A

Administrative subpoena

This type of subpoena needs approval from BIA / commissioner

54
Q

To keep separation between admin and criminal investigation, an investigator who is conducting the criminal case (SHOULD NOT / SHALL NOT) be involved with the admin part.

A

SHALL NOT

55
Q

Skelly Decision provides an opportunity for an employee to respond to an AA after it has been completed within _____ days of receiving the decision.

A

5 days

Managers get 10 days

56
Q

If employee is management, they have ___ days to respond to an AA.

A

10 days

Non-management get 5 days

57
Q

Investigations are required to be written in either a __________ or a __________ format.

A

Short format or Full format

58
Q

Short format AA investigations can be written for suspensions of ___ days or less

A

5 days or less (minor suspension)

59
Q

Prior AA’s that are within __ years may be used in the new AA.

A

Within 5 years

60
Q

Prior MOD’s can only be used in the new AA if they were within __ years

A

Within 3 years

61
Q

Managerial employees shall not be suspended for less than __ days

A

Less than 5 days

62
Q

Employee and their rep may be given up to __ hours release time to prepare for the response to a form 8 hearing

A

4 hours

63
Q

Will completed AA’s be transferred to an employee’s new command?

A

Yes, but only if the AA’s are within the retention time period when the officer transfers

64
Q

What form is the Subject/Witness Summary that names all potential witnesses and brief summary to what they will account for in the investigation?

A

CHP 7

65
Q

What section of an investigation is the most important part of the file as it will provide evidence to prove the charges?

A

“Exhibits”

66
Q

In an investigation, list all Sustained, Unintentional, and Undetermined/No Finding complaints within the last __ years

A

5 years

67
Q

DO add _______ from allied agencies and CHP in the report.

DO NOT add _______ to the report.

A

Add Commendable Form 2’s

Don’t add citizen accommodations/letters.

68
Q

Managers must be notified ___ days before effective date of AA and have ___ days to file a response.

A

Notify 20 days prior

Have 10 days to file response

69
Q

Employees must be notified ___ days before effective date of AA and have ___ days to file a response.

A

Notify 25 days prior

Have 5 days to file response

70
Q

A _________________ Hearing provides employee the chance to respond to discipline, rejection during probation or medical termination.

A

Pre-Disciplinary / Rejection Hearing

*You have 10 days to request this hearing

71
Q

Employees must request a Pre-Disciplinary / Rejection Hearing within ___ days of final notice of AA.

A

Within 10 days (verbally or in writing)

72
Q

If employee conducts a pre-disciplinary hearing request in writing, the hearing officer shall respond back to the employee within ___ days

A

Within 14 days

73
Q

If employee is not satisfied with hearing officer’s decision, the employee or union rep may file a request within ___ days for arbitration.

A

Within 14 days

74
Q

Are employees allowed to cross-examine witnesses or present new evidence in a pre-discipline hearing?

A

No

75
Q

Employees may file an appeal with SPB no later than ___ days after service of an AA

A

30 days

76
Q

A employee rejected during probation may file a written appeal within ___ days of notice of service

A

Within 15 days

77
Q

Minor AA’s are considered penalties of ___ days or less

A

5 days or less

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