Internal Investigations

Question 1

POBR does not apply to who?

Answer 1

Cadets

Question 2

Who starts an internal investigation?

Answer 2

Commander with division concurrence

Question 3

Outcomes of administrative investigation?

Answer 3

Adverse action
Rejection during probation
Miscellaneous investigation
Non-punitive investigation

Question 4

Adverse actions include:

Answer 4

(F) formal written reprimand
(S) Salary reduction
(S) Suspension
(D) Demotion
(I) Involuntary transfer
(D) Dismissal

Question 5

Two types of internal investigations?

Answer 5

Criminal and administrative

Question 6

Off duty investigations require what for there to be an investigation?

Answer 6

Nexus to department

Question 7

Bazemore shall be included in what?

Answer 7

All MODs which are counseling or remedial in nature

Question 8

Form 2 shall not be issued if?

Answer 8

Adverse action on same act(s)

Question 9

Leave of absence must be approved by?

Answer 9

Appropriate assistant commissioner

Question 10

Employing agency shall advise what during criminal investigation?

Answer 10

Miranda

Question 11

Completed investigations shall be forwarded to OIA within how many days of learning misconduct?

Answer 11

60 days

Question 12

Criminal investigations___ be conducted ___ to admin investigation.

Answer 12

Shall/prior

Question 13

Include arrest reports/records for uniformed employees admin investigations?

Answer 13

Shall be included

Question 14

Include arrest reports/records for non-uniformed employees in admin investigations?

Answer 14

Cannot include unless convicted

Question 15

Can admin statements be used to support criminal investigation?

Answer 15

Admin statements are compelled and cannot be used

Question 16

Can department employee witness statements be recorded?

Answer 16

Shall be recorded

Question 17

Can non-department witness statements be recorded?

Answer 17

Recorded, but if they object, shall be summarized in memo

Question 18

Dismissal from service may not include?

Answer 18

Progressive discipline

Question 19

Retention for admin investigations?

Answer 19

5 years

Question 20

Retention for formal written reprimand?

Answer 20

3 years

Question 21

Types of counseling?

Answer 21

•Informal
•Formal
•Corrective documentation
•Adverse action

Question 22

Time-frame to complete AA?

Answer 22

One year from discovery

Question 23

Exceptions for one year AA time-frame?

Answer 23

Criminal investigation
Waves
Multi-jurisdictional or multi-employees
Incapacitated or unavailable
Civil litigation
Workers comp fraud

Question 24

Reopen internal investigation?

Answer 24

Significant new evidence and…

Evidence could not have been discovered without extraordinary measures
Or
Evidence from predisciplinary hearing response or procedure

Question 25

How many days for investigation to be forwarded to OIA?

Answer 25

60 days

Question 26

Required incidents to review mvars?

Answer 26

Member severely injured or killed
UOF
In-custody death
PV t/c
Pursuit
Discharge firearm or ECD at person

Question 27

Review non-threshold mvars?

Answer 27

Employee voluntarily agrees
Prior to legal request (PRA, discovery)
Prove or disprove allegations of misconduct

Question 28

Exceptions for medical records?

Answer 28

In personnel file or part of work-related injury/illness

Question 29

Division final review for AA (punishment)?

Answer 29

1-5 day suspension (or equivalent monthly step reduction), formal written reprimand

Question 30

A/C final review for AA?

Answer 30

6-20 day suspension (or equivalent monthly step reduction), removal from specialty pay position

Question 31

Comm final review for AA?

Answer 31

Dismissal, demotion, suspension over 20 days, rejection during probation, non-punitive termination

Question 32

Effective date for suspension?

Answer 32

25+ days after service of notice for officer/sergeant

Question 33

Effective date for dismissal and RDP?

Answer 33

1700 hours
5 bus days after PDH non-uniform
10 bus days after PDH uniform
10 cal days after PDH managers

Question 34

Effective date of demotion?

Answer 34

1700 hours
15 calendar days after PDH

Question 35

Time-frame for AA notice?

Answer 35

ASAP and within 30 calendar days

Question 36

Length of PDH

Answer 36

One day after AA notice and ends at 1700 10 working days after (uniform) 5 working days (non-uniform)

Question 37

How many additional days for PDH notice by mail?

Answer 37

Add 5 calendar days
Add 10 if out of state

Question 38

How many days for decision after PDH verbal response?

Answer 38

7 calendar days

Question 39

How many days for decision after PDH written response?

Answer 39

14 calendar days

Question 40

Appeal minor discipline to arbitration by writing to OIA within?

Answer 40

14 calendar days after PDH decision

Question 41

How many leave credits for 5 days or less suspension?

Answer 41

All

Question 42

How many leave credits for 6+ days suspension?

Answer 42

Up to half

Question 43

Extend how many days for probation to allow for PDH?

Answer 43

5 days

Question 44

How many hours of state time to review admin investigation file to prepare for PDH response?

Answer 44

4 hours for employee and rep

Question 45

Filing deadline for SPB?

Answer 45

30 calendar days after AA notice

Question 46

How much time for notification of admin interview?

Answer 46

24 hours but can be less if time sensitive

Question 47

Lybarger Admonishment

Answer 47

Cannot refuse to answer administrative questions

Question 48

Do spouses have to testify during an investigation? If they’re both employees?

Answer 48

No (marital privilege)
Yes

Question 49

PC for investigating citizen complaints

Answer 49

832.5 PC