Overall Flashcards
Except where otherwise indicated, the authority to take adverse action or initiate rejection during probation is vested with the appointing power, the ______________.
Commissioner (HPM 10.2, 1-4)
What are the 4 possible outcomes of an Administrative Investigation?
- Adverse Action
- Rejection During Probation
- Miscellaneous Investigation
- Non-Punitive Termination
(HPM 10.2, 2-3)
What is Lyberger Admonishment?
An admonishment given in administrative interrogations which advises the subjects of the interrogation they do not a right to refuse to answer administrative questions
(HPM 10-2, 2-8)
The 6 types of penalties for adverse actions are as follows:
F ormal written reprimand
S alary reduction
S uspension
D emotion
I nvolutary transfer
D ismissal
(HPM 10.2, 2-3)
What is the Coleman Hearing?
The process by which an employee who has resigned by being absent without leave (AWOL) has the opportunity to present information to an impartial and uninvolved departmental member with the authority to recommend a final disposition (HPM 10.2, 2-6)
Compelled statements made during an administrative interrogation __________ be included in a criminal interrogation
Shall Not. (HPM 10.2, 4-6)
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?
15 calendar days (HPM 10.2, 4-16)
An employee may file an appeal with the SPB no later than how many days after the Notice of Adverse Action?
30 calendar days (HPM 10.2, 9-12)
Informal and formal counseling are considered a routine business communication and, therefore, is/is not subject to the grievance process. Furthermore, the employee is/is not entitled to representation?
Is Not / Is Not (HPM 10.2, 3-6)
NOTE: A formal counseling session will be documented on the counseled employee monthly evaluation form (e.g., CHP 100, CHP 100PSD, CHP 112). (HPM 10.2, 3-7)
Corrective documentation can take the form of any of the following:
Monthly evaluation comment (e.g., CHP 100, CHP 100PSD, CHP 112)
Memorandum of counseling, Memorandum of direction, Censurable CHP 2 (HPM 10.2, 3-7)
The assigned primary investigator shall be _______________ than the highest ranking involved , unless otherwise approved by the Division Commander or appropriate Assistant Commissioner.
At least one rank above (HPM 10.2, 4-4)
Interviews can be accomplished by a single investigator or by an investigative team, limited to a maximum of __________.
Two investigators (HPM 10.2, 6-10)
Area and Division commander shall ensure the investigation is forwarded to OIA within ___________ from the day the Area becomes aware of the misconduct.
60 calendar days (HPM 10.2, 4-5)
Adverse Action. An employee may file an appeal with the SPB Appeals Division no later than _________ after the effective date of a Notice of Adverse Action.
30 calendar days (HPM 10.2, 9-12)
Rejection During Probation. A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than ___________ after the effective date of the rejection.
15 calendar days (HPM 10.2, 9-12)
The respective Division commander (in the chain of command of the involved employee) is the final level of approval for adverse action with a penalty of:
Formal written reprimand
Suspension of 1 to 5 working by days, or the equivalent monthly step reduction
(HPM 10.2, 8-4)
The respective Assistant Commissioner (in the chain of command of the involved employee) is the final level of approval for adverse action with the penalty of:
Suspension of 6 to 20 working days, or the equivalent monthly step reduction
Removal from a specialty pay position (Bargaining Unit 5 personnel)
(HPM 10.2, 8-4)
The Commissioner or Deputy Commissioner is the final level of approval for:
Adverse Action w/ the penalty of:
• Dismissal
• Demotion
• Suspension >20 days or equivalent monthly step reduction
• Rejection during probation
• Non-Punitive Termination
(HPM 10.2, 8-5)
How many consecutive days must an employee be absent without leave to be considered AWOL?
5 (HPM 10.2, 8-5)
Of the 4 outcomes for administrative investigation does AWOL, failure to meet minimum qualifications, and medical disqualifications fall under?
Non-punitive termination (HPM 10.2, 2-4)
The Bazemore admonition shall be included in all __________which are counseling or remedial in nature. The Bazemore admonition _________ stated verbatim.
Memorandum of Direction/MODs
Shall
(HPM 10.2, 3-8)
Search of locker/storage. An employee shall not have an assigned locker, or other place for storage, which are owned by the department, searched unless the search is conducted under any of the following conditions:
• in the involved employee’s PRESENCE
• w/ involved employee’s CONSENT
• after a valid search WARRANT has been obtained. If requesting a search warrant, the appropriate prosecuting authority should be consulted after notifying the appropriate Assistant Commissioner
• when the involved employee has been NOTIFIED that a search will be conducted. The employee should be provided a reasonable opportunity to respond to the Department’s search location and observe the search. (HPM 10.2, 5-16)
Per GC 19635, No adverse action shall be valid against any state employee for any cause for discipline…, unless notice of adverse action is served within ___ years after cause for discipline, upon which the notice is based, first arose.
3 years (HPM 10.2, 4-13)
Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification.
Pursuant to GC 3304, adverse action shall not be undertaken against an employee for any act, omission, or other allegation of misconduct, if the investigation is not completed within _________ of the departments discovery of the allegation by a person authorized to initiate an internal investigation (typically a supervisor or above).
1 year (HPM 10.2, 4-12)