HPM 10.2 Internal Investigations - Quiz 1

Question 1

6. Who gives the final approval for removing an employee from a specialty pay position?

Answer 1

D) Appropriate Assistant Commissioner

6. D 10.2, 2-10

Question 2

10) A commander (Should, Shall, May) accept a resignation submitted voluntarily by an employee against whom an internal investigation is pending. The commander shall provide the employee with a Response to Voluntary Resignation.

Answer 2

10) Shall (10.2, 10-4)

Question 3

6. What are the six penalty types for adverse actions?

Answer 3

1) Formal written reprimand
2) Salary reduction
3) Suspension
4) Involuntary transfer
5) Demotion
6) Dismissal

Question 4

5. Within the progressive discipline process there is the “Wheel of Discipline / Motivation”. Which if the following is NOT an option on the Wheel of Discipline/Motivation?

A) Verbal Counseling
B)Interim Reporting
C)Denial of Salary Adjustment
D)Involuntary Transfer
E)Adverse Action
F)Censurable CHP 2

Answer 4

D (Chapter 3, page 3-4)

Question 5

2. Does the Department extend POBR to other employee classes other than peace officers?

Answer 5

2. yes, (all others except cadets)

Question 6

4. During the interrogation, the employee has the right to representation by a person of the employee’s choosing.
   True or False

Answer 6

4. True 10.2, 2-5

Question 7

10. If so desired an employee must file an appeal of an adverse action with SPB Appeals Division within __________ after the effective date of the Notice of Adverse Action.

Answer 7

B) 30 Days

10) B (Chapter 9, page 9-12)

Question 8

3. When a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command ______ be made as soon as it is practical.

Answer 8

C) Shall

Question 9

Informal Counseling is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation. True or False

Answer 9

8. True 10.2, 3-6

Question 10

4. What may be initiated when an employee’s actions or performance are substandard?

Answer 10

4. The progressive discipline process

Question 11

(5) It is the Commander’s Responsibility to notify what State agency when an employee is placed on a Department-initiated leave of absence? Such notification is coordinated by the OIA.

Answer 11

5) California Department of Human Resources (CalHR) (10.2, 4-15)

Question 12

9) In cases involving a formal written reprimand and suspension of an Officer or Sergeant, the effective date of the adverse action shall be no less than how many days after the date of service of the notice?

Answer 12

9) 25 calendar days (10.2, 8-6)

Question 13

10. When an employee is subject to a criminal interrogation, the employee _____be admonished of Miranda rights prior to any questioning (Government Code § 3303[h]).

Answer 13

C. Shall

10. C 10.2, 6-12

Question 14

7. Although not disciplinary, interim reporting may be included in the progressive discipline wheel when substandard performance is an issue. The goal of interim reporting is to:

Answer 14

A. Provide the employee with tools and assistance to bring their performance to an acceptable level.

7. A 10.2, 3-4

Question 15

1. What code do the representational rights known as the Peace Officer Bill of Rights (POBR) come from?

Answer 15

1. California Government Code (sections 3300 and subsequent)

Question 16

3) According to HPM 10.2, Managers, supervisors, or other authorized personnel may only review non-threshold event video recordings (MVARS) under what circumstances?

Answer 16

3) Employee responsible for the MVARS event voluntarily agrees.
Prior to the approved release due to a legal request
Proving or disproving specific allegations of misconduct.

Question 17

5. Is an employee entitled to representation during a formal counseling session?

Answer 17

5. No, (it is considered a routine business communication)

Question 18

8. How long does the Department have to undertake adverse action against an employee once an alleged misconduct has been discovered?

Answer 18

8. One year, (except under certain circumstances)

Question 19

2. A copy of an internal investigation file which resulted in a formal reprimand shall be retained at the Area level for _______ years, except when the employee resigns.

Answer 19

2) 5 years (Chapter 8, page 8-15)

Question 20

8. Evidence pertaining to an administrative investigation shall be stored for a minimum of?

Answer 20

B) 5 Years

B (Chapter 5, page 5-15)

Question 21

5. Absence for _____ consecutive working days (whether the absence was voluntary or involuntary) is considered an automatic resignation from state service, effective the last day the employee worked.

Answer 21

C) 5

5. C 10.2, 2-5

Question 22

9. Evidence pertaining to an administrative investigation shall be stored for a minimum of?

Answer 22

B. 5 years

9. B 10.2, 5-15

Question 23

1) According to HPM 10.2, the case management process is designed to allow the Area commander to track the status of the investigation. Once the investigation has been completed at the Area level, associated forms shall be removed from the investigative package and retained. Once removed, where are these case management forms retained?

Answer 23

1) At the Area level (HPM 10.2, 12-4)

Question 24

10. In most instances, it is reasonable to provide the employee ___ hours notice prior to an administrative interrogation.

Answer 24

10. 24

Question 25

8) Commanders contemplating the rejection of an employee should closely monitor the employee’s probation hours and/or days required to complete probation. Probationary periods cannot be extended to allow additional time for completion of the investigation. As such, commanders must initiate the process early enough to allow sufficient time for the completion of what three things?

Answer 25

8) The investigation,
The approval process
Service on the employee (10.2, 7-10)

Question 26

7. An internal investigation shall be completed and forwarded to OIA within ____ days.

Answer 26

7. 60

Question 27

1. An Adverse Action is disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conduct established by law and/or departmental policy. The potential penalties are?

Answer 27

1) 1) Formal written reprimand (2) Suspension (3) Reduction in salary
(4) Demotion (5) Involuntary transfer and (6) Dismissal
(Chapter 2, page 2-3)

Question 28

7) During the course of an internal investigation, a commander requires the telephone and Internet records belonging to the employee. What is the legal document most commonly used to compel the production of such records?

Answer 28

7) Administrative subpoena duces tecum (10.2, 5-16)

Question 29

6) The commander shall ensure the investigation of an employee on a Department-initiated leave of absence is given the highest priority and completed as expeditiously as possible. 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 how many days?

Answer 29

6) 15 calendar days (10.2, 4-16)

Question 30

7. Allegations involving potential criminal misconduct by a non-uniformed employee shall be administratively investigated under which of the following circumstances?

A) Any criminal misconduct which could lead to a felony conviction.
B) Any criminal misconduct constituting a misdemeanor involving moral turpitude.
C) Any Criminal misconduct where the employee has established a nexus to the Department.
D) All of the above.
E) A and C only.

Answer 30

D) All of the above.

7) D (Chapter 4, page 4-9)

Question 31

9. All state employees are eligible to use leave credits in lieu of serving an adverse action penalty with some restrictions. True or False?

Answer 31

9) False, currently only bargaining unit 5 employees and non-represented employees have that right. (Chapter 9, page 9-9)

Question 32

1. Once initiated, an administrative investigation has four possible outcomes:

Answer 32

A) Adverse Action, Rejection During Probation, Miscellaneous Investigation & Non-Punitive Termination.

1. A 10.2, 2-3

Question 33

9. Statements from departmental employees during an internal investigation _____ be recorded.

Answer 33

9. shall

Question 34

6. Informal Counseling is considered a routine business communication and, therefore, is not subject to the grievance process, nor is the employee entitled to representation. True or False

Answer 34

6) True (Chapter 3, page 3-6)

Question 35

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

Answer 35

4) The California Government Code 3300. (Chapter 1 page 1-4)

Question 36

2) For an employee served with a notice of adverse action on the 1st of the month, the Pre-Disciplinary Hearing (PDH) period would begin on the 2nd and end when?

Answer 36

2) 15th, 10 working days (HPM 10.2, 8-10)

Question 37

3. Where are internal investigation control numbers obtained?

Answer 37

3. From the commands respective Division

Question 38

3. A copy of the formal written reprimand generated as a result of an internal investigation shall be purged from the employees personnel folder after ________ years?

Answer 38

3) 3 years (Chapter 8, page 8-15)

Question 39

2. Adverse Action. A disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conduct established by law and/or departmental policy. Penalties consist of:

Answer 39

B) Formal written reprimand, suspension, reduction in salary, demotion, involuntary transfer, dismissal.

2. B 10.2, 2-3

Question 40

4) Area and Division commanders shall ensure an internal investigation is forwarded to OIA within how may days from the date the Area becomes aware of the misconduct?

Answer 40

4) 60 calendar days (10.2, 4-5)