Internal Investigations Manual Flashcards
An administrative investigation has 4 possible outcomes?
- Adverse Action
- Rejection during probation
- Miscellaneous Investigation
- Non-punitive Termination
What is Absence without Leave
Absence for 5 consecutive working days (whether the absence was voluntary or involuntary) is considered automatic resignation from state service, effective the last day the employee worked
What shall be included in all MOD’s?
The Bazemore admonishment and shall be stated verbatim
What is a Coleman hearing
The process by which an employee who has resigned (by being (AWOL) has the opportunity to present information to an impartial and uninvolved departmental member with the authority to recommend a final disposition.
What is the Lybarger admonishment
An admonishment given in administrative interrogation which advises the subjects of the interrogations that they do not have the right to refuse to answer administrative questions.
What is an MOF
MOF is used to document the findings of a miscellaneous investigation or citizen’s complaint.
What is a skelly hearing
It is the process whereby a departmental employee and representative have the right to present material for which a notice of adverse action or rejection during probation was served.
The department extends POBR to all employees except who
Except cadets
Area and Division commander shall ensure the investigation is forwarded to OIA within how many days?
Forwarded to OIA within 60 Calendar days from the date the Area becomes aware of the misconduct.
Pursuant to GC 3304, how long does the department have to conduct an adverse action investigation?
Adverse action shall not be undertaken against an employee for any act, omission, or other allegations of misconduct if the investigation is not completed within one year of the Departments discovery of the allegation by a person authorized to initiate an internal investigation.
An internal investigation of an employee may be reopened beyond the one-year time period if both of the following circumstances
- Significant new evidence has been discovered that is likely to affect the outcome of the investigation, and one of the following conditions exists:
a. ) the evidence has been discovered without resorting to extraordinary measures by the department.
b.) the evidence resulted from the employee’s pre-disciplinary hearing response procedures.
If a uniformed employee is placed on a leave of absence what will happen
For uniformed employees, a leave will also invoke a removal peace officers powers
Who is the Department required to notify when an employee is placed on a Department-initiated leave of absence
The Department is required to notify CalHR
When do you need CalHR’ approval for a leave of absence
When it extends past 30 calendar days.
When the employee is placed on a leave of absence without pay what must occur
The investigation must be completed,reviewed, and the employee served with the notice of adverse action within 15 calendar days.
A Department-initiated leave of absence may be terminated at any time by providing the employee of how many hours notice
48 hour notice, and peace officer powers are simultaneously restored with the ending of the leave
Who’s permission is required before removing peace officer powers
The appropriate AC
Is the Department required to notify an employee of an administrative investigation
No,not required
Under what circumstances can an employees assigned locker, or other place of Storage, which are owned or leased by the department be searched
- In the involved employee’s presence.
- With the involved employees consent.
- After a valid search warrant has been obtained.
- When they involved employee has been notified that a search will be conducted. The employee should be provided a reasonable opportunity to respond to the departments search location and observe the search.
5.
What is an administrative subpoena duces tecum
It is a legal document utilized by state departments to compel the production of paperwork pertinent or material to an inquiry, investigation, hearing, proceeding, or action conducted in any part of the state.
Prior approval to surreptitiously record a departmental employee shall be obtained from
Shall be obtained through OIA
What are the required elements of the notice of administrative interrogation
a. The nature (scope) of the investigation.
b. Rank, name, and command of the lead and assistant interrogators.
c. Date, time and location of the interrogation.
d. The right to representation.
In most instances what’s a reasonable amount of time to provide the employee prior to an interrogation
It’s reasonable to provide the employee 24 hour notice prior to an interrogation
In rare circumstances, an employee may be unavailable for personal service of the notice of administrative interrogation. If this occurs how do you advise the employee
If this occurs, the employee shall be advised verbally.
Upon receipt of the approved investigation file from GGD, the command shall prepare how many copies?
The command shall prepare 5 total copies (the original plus 4)
