Internal Investigations Flashcards
POBR does not apply to who?
Cadets
Who starts an internal investigation?
Commander with division concurrence
Outcomes of administrative investigation?
Adverse action
Rejection during probation
Miscellaneous investigation
Non-punitive investigation
Adverse actions include:
(F) formal written reprimand
(S) Salary reduction
(S) Suspension
(D) Demotion
(I) Involuntary transfer
(D) Dismissal
Two types of internal investigations?
Criminal and administrative
Off duty investigations require what for there to be an investigation?
Nexus to department
Bazemore shall be included in what?
All MODs which are counseling or remedial in nature
Form 2 shall not be issued if?
Adverse action on same act(s)
Leave of absence must be approved by?
Appropriate assistant commissioner
Employing agency shall advise what during criminal investigation?
Miranda
Completed investigations shall be forwarded to OIA within how many days of learning misconduct?
60 days
Criminal investigations___ be conducted ___ to admin investigation.
Shall/prior
Include arrest reports/records for uniformed employees admin investigations?
Shall be included
Include arrest reports/records for non-uniformed employees in admin investigations?
Cannot include unless convicted
Can admin statements be used to support criminal investigation?
Admin statements are compelled and cannot be used
Can department employee witness statements be recorded?
Shall be recorded
Can non-department witness statements be recorded?
Recorded, but if they object, shall be summarized in memo
Dismissal from service may not include?
Progressive discipline
Retention for admin investigations?
5 years
Retention for formal written reprimand?
3 years
Types of counseling?
•Informal
•Formal
•Corrective documentation
•Adverse action
Time-frame to complete AA?
One year from discovery
Exceptions for one year AA time-frame?
Criminal investigation
Waves
Multi-jurisdictional or multi-employees
Incapacitated or unavailable
Civil litigation
Workers comp fraud
Reopen internal investigation?
Significant new evidence and…
Evidence could not have been discovered without extraordinary measures
Or
Evidence from predisciplinary hearing response or procedure
How many days for investigation to be forwarded to OIA?
60 days
Required incidents to review mvars?
Member severely injured or killed
UOF
In-custody death
PV t/c
Pursuit
Discharge firearm or ECD at person
Review non-threshold mvars?
Employee voluntarily agrees
Prior to legal request (PRA, discovery)
Prove or disprove allegations of misconduct
Exceptions for medical records?
In personnel file or part of work-related injury/illness
Division final review for AA (punishment)?
1-5 day suspension (or equivalent monthly step reduction), formal written reprimand
A/C final review for AA?
6-20 day suspension (or equivalent monthly step reduction), removal from specialty pay position
Comm final review for AA?
Dismissal, demotion, suspension over 20 days, rejection during probation, non-punitive termination
Effective date for suspension?
25+ days after service of notice for officer/sergeant
Effective date for dismissal and RDP?
1700 hours
5 bus days after PDH non-uniform
10 bus days after PDH uniform
10 cal days after PDH managers
Effective date of demotion?
1700 hours
15 calendar days after PDH
Time-frame for AA notice?
ASAP and within 30 calendar days
Length of PDH
One day after AA notice and ends at 1700 10 working days after (uniform) 5 working days (non-uniform)
How many additional days for PDH notice by mail?
Add 5 calendar days
Add 10 if out of state
How many days for decision after PDH verbal response?
7 calendar days
How many days for decision after PDH written response?
14 calendar days
Appeal minor discipline to arbitration by writing to OIA within?
14 calendar days after PDH decision
How many leave credits for 5 days or less suspension?
All
How many leave credits for 6+ days suspension?
Up to half
Extend how many days for probation to allow for PDH?
5 days
How many hours of state time to review admin investigation file to prepare for PDH response?
4 hours for employee and rep
Filing deadline for SPB?
30 calendar days after AA notice
How much time for notification of admin interview?
24 hours but can be less if time sensitive
Lybarger Admonishment
Cannot refuse to answer administrative questions
Do spouses have to testify during an investigation? If they’re both employees?
No (marital privilege)
Yes
PC for investigating citizen complaints
832.5 PC
