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HPM 10.2 Internal Investigation > Internal Investigations > Flashcards

Internal Investigations Flashcards

1
Q

Employees ____ never obey orders they know or reasonably should have knows would require them to commit reasonably apparent illegal acts

A

SHALL

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2
Q

Dept has extended POBR rights to all other employees except:

A

Cadets

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3
Q

What should supervisor or manager do If alleged misconduct is egregious?

A

SHALL make immediate notification to the succeeding level in the chain of command

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4
Q

With division concurrence, an internal investigation ____

A

SHALL be initiated

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5
Q

Adverse action?

A

Disciplinary legal action taken in response to employees misconduct or continued failure to meet rules of conduct established by law/dept policy

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6
Q

Adverse action penalties consist of:

A 
Formal written reprimand 
Suspension 
Reduction in salary
Demotion
Involuntary transfer
Dismissal
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7
Q

Can employee be rejected during probation?

A

Dept may for reasons relating to probationers qualifications, for good of service, or for failure to demonstrate merit, efficiency, and moral responsibility

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8
Q

Miscellaneous investigations are?

A

Admin investigation in which employee is exonerated, separates from state service, transfers to new agency, or conduct does not warrant adverse action or rejected during probation

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9
Q

Non punitive termination

A

Actions resulting in involuntary separation from state service, although not as disciplinary measure

Ex: absent without leave
Failure to meet minimum qualifications
Medical disqualification

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10
Q

Nexus

A

Everything on duty, any criminal act, while off duty, an individual’s employment status is affirmatively established by an overt act

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11
Q

Dept ________ only investigate allegations of misconduct when there is a nexus or connection, between the acts and individuals employment with dept

A

SHALL

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12
Q

CHP 2 _____ be issued if adverse action will be taken against employee for same act

A

SHALL not

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13
Q

Lybarger admonishment

A

Given in administrative interrogations which advises the subjects of the interrogations that they DO NOT have right to refuse to answer administrative questions

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14
Q

Interim reporting

A

Goal is to provide employee with tools and assistance to bring their performance to an acceptable level

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15
Q

For uniformed employees, copy of criminal investigation and/or arrest record ______ be included with administrative investigation

A

SHALL

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16
Q

For non uniformed employees, arrest reports which have not resulted in conviction _____ be included in investigative file

A

Cannot

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17
Q

Allegations involving potential criminal misconduct by a Non-uniformed employee SHALL be administratively investigated under following conditions:

A
  • Any criminal conduct which could lead to felony conviction
  • Any criminal misconduct constituting a misdemeanor involving moral turpitude
  • any criminal misconduct where employee has established a nexus to the dept
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18
Q

Decision to consent to interview with outside investigator regarding civil rights investigation ______ be at sole discretion of dept employee

A

SHALL

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19
Q

If civil rights investigation interview is conducted on state time, departmental supervisor _____ be present

A

SHALL

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20
Q

Interview conducted on state time ______ be tape recorded

A

SHALL

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21
Q

Internal investigations regarding cadets are responsibility of

A

Academy commander

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22
Q

Adverse action SHALL not be undertaken against employee for any act, omission, or other allegation of misconduct if

A

Investigation is not completed within 1 year of depts discovery of allegation by person authorized to initiate internal investigation

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23
Q

Exceptions to 1 year rule for adverse action to be taken

A
  • pending criminal matter
  • employee waives 1 year rule
  • reasonable extension is necessary due to multi jurisdictional investigation
  • investigation involves employee who is incapacitated or otherwise unavailable
  • investigation involves matter of civil litigation and employee is defendant
  • investigation involves allegation of workers comp fraud by employee
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24
Q

Internal investigation of employee may be reopened beyond 1 year if both of following outcomes exist:

A

1) significant new evidence has been discovered likely to affect outcome
2) evidence could not reasonably have been discovered without resorting to extraordinary measures by depot or evidence resulted from employees pre disciplinary hearing

25
Q

Any person who knowingly alters, tampers with, conceals, or destroys relevant evidence in any disciplinary proceeding against public safely officer for purpose of harming public safety officer is guilty of a

A

Misdemeanor

26
Q

Dept employees upon receiving notification of interview/interrogation (and at conclusion) SHALL be given order to

A

Not discuss their interview/interrogation with anyone other than their chosen rep or supervisor/manager within their chain of command

27
Q

Employee under investigation SHALL not be subjected to visits by the press or news media WITHOUT

A

Employers express consent

28
Q

Dept SHALL not release residence information or photographs to media even if

A

Employee is criminally prosecuted

29
Q

Citizens complaint investigation should normally be completed and approved prior to

A

Being used as basis for an administrative investigation which results in adverse action or rejection during probation

30
Q

Dept initiated leave of absence means employee is

A

Ordered to stay away from work location, typical assigned to remain at employers residence

31
Q

Dept leaves of absences are generally paid but can be unpaid but require approval of

A

Appropriate assistant commissioner before commander may place employee on leave

32
Q

For uniformed employee a leave will also _______________ of peace officers powers

A

Invoke a removal

33
Q

Cal HR approval is required if leave absence extends past ______ calendar days

A

30

34
Q

When employee is placed on leave of absence without pay, investigation must be completed, reviewed, and employee served with notice of adverse action within

A

15 calendar days

35
Q

All employees placed on leave SHALL surrender

A
  • all dept issued IDs and state building access cards/keys to supervise or manager
  • Dept issued badges
  • officer safety equipment
36
Q

Dept initiated leave of absence may be terminated at any time by providing employee with _______ hours notice

A

48 hours

37
Q

Examples of situations which removal of peace officers would be appropriate:

A

1) employee is under investigation for a serious offense involving misuse of position but dismissal or rejection during probation is not indicated
2) employee is subject of temporary restraint order, emergency protective order, or other court action which prohibits possessing or carrying a firearm
3) employee placed on medical leave for stress or other psychological impairment indicating exercise of peace officer powers is not prudent

38
Q

Employee SHALL be provided removal of peace officers memo and both employee and employee serving it _______ sign it

A

SHALL

39
Q

Following process should be used before asking witness or employee to submit to a Polygraph or voice stress analysis examination:

A
  • Commander SHALL request approval through channels from office of commissioner
  • employees SHALL not be compelled to submit
  • no disciplinary action may be created as result of employees refusal
40
Q

Evidence pertaining to an administrative investigation SHALL b stored for

A

Minimum of 5 years beginning with date investigation is initiated or for life of investigation file whichever is longer

41
Q

Employee SHALL not have assigned locker which are owned/leased by dept searched unless any 1 of following conditions:

A
  • involved employees presence
  • involved employees consent
  • after valid search warrant obtained
  • when employee notified, should be provided reasonable opportunity to respond to depts search location and observe search
42
Q

Statements obtained during administrative interrogations ______ not be used to support criminal investigations

A

SHALL

43
Q

Statements from dept employees who are interviewed as witness during internal investigations ____ be recorded

A

SHALL

44
Q

Statements from non departmental witness are to be recorded unless

A

Witness objects to recording

45
Q

Miranda admonishment when an employee is subject to criminal investigation

A

The employee SHALL be admonished if Miranda prior to questioning

46
Q

Notice of administrative interrogations

A

Involved employee SHALL be provided official notice of interrogation and scope of questioning

47
Q

Division commander is final level of approval for adverse action with penalty of:

A
  • formal written reprimand

- suspension of 1-5 working days or equivalent monthly step reduction

48
Q

Respective assistant commissioner is final level of approval for adverse action with penalty of:

A
  • Suspension of 6-20 working days or equivalent monthly step reduction
  • removal from special pay position
49
Q

Commissioner or deputy commissioner is final level of approval for penalty of:

A
  • dismissal
  • demotion
  • suspension in excess for 20 working days or equivalent monthly step reduction
  • rejection during probation
  • non punitive termination
50
Q

Effective date of adverse action SHALL be no less than:

A

25 calendar days after date of service of notice

51
Q

Suspensions SHALL be computed based on ____ hour shift within a 24 hour workday

A

8 hour

52
Q

Suspensions can be scheduled consecutively with no RDOS up to a maximum of:

A

42 days

53
Q

Effective date for adverse action SHALL be no less than ____ calendar days from date of service

A

20

54
Q

All notices SHALL be served within ____ calendar days of depts decision to impose discipline

A

30

55
Q

All administrative investigations SHALL b destroyed after a period of:

A

5 years, commencing the rate the employee is served

56
Q

Formal written reprimand SHALL be retained for:

A

5 years, but copy SHALL b removed from field personnel folder after period of 3 years

57
Q

Employee may file appeal on adverse action no later than ____ calendar days after effect date of notice

A

30

58
Q

A rejected, probationary employee may file appeal with SPB appeals division no later than ____ calendar days after effective date of rejection

A

15

59
Q

Should employee separate from dept during administrative investigation the file SHALL be converted to a:

A

Miscellaneous investigation

HPM 10.2 Internal Investigation (1 decks)

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