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Sgts Study > 10.2 > Flashcards

10.2 Flashcards

1
Q

Investigations of allegations shall be done ———-, ———–, and in a —— manner.

A

Thoroughly, objectively, in a timely manner

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2
Q

T/F

Investigations should be conducted in a manner which will ensure all applicable protections are afforded

A

SHALL

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3
Q

Government Code § 19173 provides the authority to reject a probationary employee for reasons relating to the probationer’s qualifications, the good of the service, or failure to demonstrate merit, efficiency, fitness, and moral responsibility.

A

Know this whole thing

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4
Q

If an employee is subject to the terms of a CBA, it (shall/should/may) be reviewed. If the CBA has different processes, which process shall be used?

A

Shall always be reviewed/ process in the CBA shall be used

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5
Q

Except where otherwise indicated, the authority to take adverse action or initiate a rejection during probation is vested with the appointing power:

A

The Commissioner, who may designate

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6
Q

If an employee receives a conflicting order or directive, the employee must respectfully call the conflict to the attention of the supervisor giving the last order. If the person giving the last order does not change or rescind it, the employee must obey:

A

The last order given, and is not responsible for disobeying the first order

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7
Q

Employees in doubt as to the legality of an order (shall/shall not/should/should not/may/may not) request clarification from the issuer. After clarification is received, if the employee still believes the order is unlawful, the employee shall:

A

1-(Shall)

2-seek direction and/or guidance through the chain of command

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8
Q

T/F

By policy, the Department has extended POBR rights to all other (non-peace officer) employees including cadets.

A

False, extended to all other employees except cadets

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9
Q

Commanders (shall/shall not/should/should not/may/may not) require all involved supervisory and managerial staff to review Chapter 11, Public Safety Officers Procedural Bill of Rights Act (POBR), prior to the initiation of an internal investigation

A

Should

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10
Q

T/F

A command needs Division concurrence to initiate an internal investigation

A

True

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11
Q

Notifications of internal investigations when reported to IA shall include the following information:

A

(1) Investigation control number.
(2) Name, rank, ID # of the employee(s) involved.
(3) Date(s) of the alleged incident, the date the Area became aware of the misconduct, and the date the investigation is due to OIA.
(4) If rejection during probation is being considered, the date the employee’s probation ends shall also be included.
(5) Brief summary of the alleged misconduct or substandard performance.

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12
Q

Adverse Action penalties include the 6 follow possible actions:

A 
Formal written reprimand.
Suspension.
Reduction in salary.
Demotion.
Involuntary transfer.
Dismissal.
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13
Q

The Department may reject any employee during the probationary period for reasons relating to the probationer’s qualifications, for the good of the service, or for failure to demonstrate:

A

merit, efficiency, fitness, and moral responsibility

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14
Q

Absence Without Leave is absence for (#) consecutive working days is considered a ———–

A

Five/resignation

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15
Q

Accordingly, the Bazemore admonition shall be included in all Memoranda of Direction (MODs) which are ———- or ——– in nature

A

Counseling or remedial

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16
Q

T/F

Blaze more shall be used in all MODs but may be paraphrased.

A

False….shall be used and shall be verbatim

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17
Q

T/F

Minor Discipline is only that discipline which involves a penalty consisting of a one to five working day(s) suspension or equivalent step-reduction in pay.

A

True

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18
Q

Incompetency.

A

Lacking the requisite skills or abilities to effectively perform one’s duties

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19
Q

Inefficiency.

A

Inefficiency is related to a failure to perform one’s duties productively and consistently

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20
Q

Inexcusable neglect of duty.

A

An intentional or grossly negligent failure to exercise due diligence in the performance of a known official duty without lawful excuse or justification

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21
Q

Insubordination.

A

A demonstrated unwillingness to submit to authority

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22
Q

T/F

Failure to comply with policy, even if the employee is aware of the policy, does not constitute willful disobedience.

A

N n n. True

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23
Q

Progressive discipline is intended to modify an employee’s ——–, and should ——– and —– the employee to act and perform in accordance with established standards of conduct.

A

Behavior

Instruct

Train

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24
Q

T/F

Interim Reporting is a disciplinary action.

A

False

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25
Q

It is the supervisor’s responsibility to —— and —- the employee in the right direction, as opposed to:

A

Engage and lead

merely documenting the actions of the employee

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26
Q

This is accomplished by providing specific directives to the employee:

A

Corrective Action

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27
Q

T/F

Informal counseling is subject to the grievance process, and therefor, the employee would be entitled to representation

A

False and false….informal counseling is considered business communication and therefor neither is applicable

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28
Q

T/F

Informal counseling should be documented on the affected employees 100 form.

A

False, should be documented on the CHP 112

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29
Q

T/F

The primary difference between formal and informal counseling is documentation. After formal counseling, the employee receives some form of documentation regarding the counseling session

A

True

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30
Q

Corrective documentation can take the form of any of the following:

A

(a) Monthly evaluation comment (e.g., CHP 100/CHP 112).
(b) Memorandum of Counseling.
(c) Memorandum of Direction
(d) Censurable CHP 2.

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31
Q

The MOC (does/does not) normally contain the Bazemore Admonition

A

Does not

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32
Q

The MOD (shall/shall not/should/should not/may/may) not contain the Bazemore Admonition

A

Shall

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33
Q

A censurable Form 2 (shall/should/may) contain documentation of an employee’s actions, as well as directives and expectations AND (shall/shall not/should/should not/may) contain the Bazemore Admonition

A

Should/ shall not

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34
Q

adverse comments are subject to the Informal Dispute Resolution process as per this document:

A

MOU for unit 5

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35
Q

The CHP 7E shall be maintained at Division offices for a period of —- years from the end of the calendar year and in a location that ensures confidentiality

A

five (5)

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36
Q

An internal investigation investigator (may/may not) utilize lower ranking departmental personnel with specific qualifications in an investigation

A

May, but the scope of involvement must not exceed the area of their expertise

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37
Q

Commanders shall ensure the investigation is forwarded to OIA within (#) calendar days from the date the Area becomes aware of the misconduct

A

60 calendar days

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38
Q

T/F

Under no circumstances shall an internal investigation exceed 60 calendar days.

A

False: In complex cases where the investigations will exceed 60-days, the Division commander should contact the appropriate Assistant Commissioner to request an extension

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39
Q

Whenever any employee of this Department learns that any LE agency is investigating criminal misconduct involving a member of the Department (including self), the employee (shall/shall not/should/should not/may/may not) immediately notify a supervisor or manager

A

Shall

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40
Q

Employees (shall/should/may) be informed of the availability of resources, such as Employee Assistance Program (EAP), at appropriate times during the investigation.

A

Shall

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41
Q

T/F

When conducting concurrent investigations, it is imperative the investigators observe the employee’s rights in the criminal portion of the investigation.

A

True, so that neither investigation is tainted

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42
Q

It is usually (best/encouraged/discouraged) to maintain complete separation of administrative and criminal investigations

A

Best

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43
Q

When the criminal investigating and/or prosecuting authorities request a departmental investigation of an employee not be conducted,

A

OIA shall be consulted through channels

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44
Q

If an allied agency with primary investigative authority relinquishes or declines to conduct the investigation, the involved employee’s commander (shall/should/may) initiate the criminal investigation

A

Shall

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45
Q

Criminal Interrogations, if performed, shall be conducted (subsequent/prior) to the administrative interrogation if involving the same employee

A

Prior

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46
Q

If an administrative interrogation needs to be conducted in addition to the criminal interrogation, the prosecuting authority shall be consulted to ensure:

A

The criminal investigation is not compromised.

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47
Q

T/F

Both a criminal and administrative interrogations shall be conducted in all cases involving both a criminal and administrative investigations.

A

False, the admin interrogation only need be done if clarification in regards to department specific policy is needed

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48
Q

T/F

To maintain the separation between investigations, criminal investigators shall not participate in administrative interrogations (although it may be permissible to assist in planning the interrogation)

A

True

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49
Q

T/F

Once the administrative interrogation has been conducted, the administrative and criminal investigators may coordinate and exchange further information.

A

False: they shall not have any further contact regarding the investigation until all criminal aspects have been resolved

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50
Q

T/F

n general, information gathered during either a criminal or administrative investigation may be included in the other investigation.

A

True: as long as it was gathered from a source that both administrative and criminal investigators would have had legal access. This will commonly allow the administrative investigator to have access to all information gathered in the criminal investigation, but can preclude the criminal investigator from having access to material from the administrative investigation

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51
Q

T/F

Except as required by Penal Code § 832.7, evidence gathered during an administrative investigation may be released to an allied agency without first contacting OLA, and only with approval from the Office of the Commissioner.

A

Shall not

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52
Q

The decision (whether criminal charges are filed or rejected by the prosecuting authority) shall be documented in the administrative investigation file, and must include:

A

listing the name of the person authorizing or rejecting criminal prosecution

the date the case was referred to the prosecuting authority

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53
Q

If an employee of this Department is requested to be interviewed by investigators pursuant to a civil rights investigation, the following 3 guidelines shall apply:

A

(1) The decision to consent to an interview regarding a civil rights investigation (witness or subject) shall be at the sole discretion of the departmental employee.
(2) If conducted on state time, a departmental supervisor shall be present.
(3) Interviews conducted on state time shall be tape recorded.

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54
Q

T/F

If a complaint is lodged by an anonymous source within the department, a formal complaint shall be undertaken.

A

False, shall not, unless there is a basis to believe there is merit to the allegations

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55
Q

T/F

As with all multiple employee investigations, all employees shall be combined into a single internal investigation file prepared with its own investigation control number.

A

False, each employee shall have a separate investigation file

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56
Q

An internal investigation of an employee may be reopened beyond the one- year time period if both of the following circumstances exist:

A

(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation, and
(2) One of the following conditions exists:
(a) The evidence could not reasonably have been discovered without resorting to extraordinary measures by the Department.
(b) The evidence resulted from the employee’s predisciplinary hearing response or procedure.

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57
Q

probationary employee must be served with a notice of rejection during probation prior to the last day of the probationary period, allowing:

A

time for the predisciplinary hearing.

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58
Q

Departmental employees, upon receiving notification of an interview/interrogation (and at the conclusion of each interview/interrogation), may be given a direct order not to discuss their interview/interrogation with anyone other than their chosen representative or a supervisor/manager within their chain of command.

A

False, shall be given the direct order

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59
Q

T/F

For uniformed employees, a department initiated leave of absence will also invoke a removal of peace officer powers

A

True

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60
Q

T/F

When an employee is placed on a leave of absence, OIA shall be notified by electronic mail, OIA Notification@chp.ca.gov, with a copy to Human Resources Section at PTU@chp.ca.gov.

A

True

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61
Q

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:

A

15 calendar days.

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62
Q

The employee shall be provided (the original/a copy of the) Notice of Leave of Absence and both the employee and person serving it (shall/should) sign

A

Original/Shall

Employee should sign as well, but if refuses, supervisors shall indicate so in signature block

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63
Q

A Department-initiated leave of absence may be terminated at any time by providing the employee with (#) hours notice

A

48 hours

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64
Q

Approval through channels from the appropriate ——— ———— shall be obtained before a commander may remove peace officer powers

A

Assistant commissioner

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65
Q

If during an investigation, allegations of discrimination, harassment, and/or racial profiling are discovered, notifications (shall/should/may) be made to Division and the Office of EEO, and a separate investigation, conducted concurrently or consecutively with the internal investigation, (shall/should/may) be initiated

A

Shall/May

66
Q

T/F

The reimbursement to the Department for lost equipment shall cover the original purchase cost to the Department.

A

False….shall cover the current replacement or repair cost

67
Q

T/F

Th Worker’s Compensation Fraud Investigation Unit is responsible for investigating ALL instances of alleged workers’ compensation insurance fraud by members of the Department.

A

True

68
Q

T/F

The principal goal of all internal investigations is to ———– identify the —– regarding allegations of misconduct or substandard performance

A

Objectively/Facts

69
Q

For each allegation, the investigator must examine:

A

a. If the alleged act(s) or omissions actually occurred and what proof can be obtained.
b. What the employee specifically violated (Government Code, policy, etc).
c. What prior knowledge did the employee have that such conduct was not acceptable (through training, experience, prior progressive discipline, admission of knowledge, etc.).

70
Q

T/F

Chronological summary entries are to be written in the third person

A

True: ie: On December 5, 2010, at approximately 1650 hours, Sergeant Smith attempted to contact Mr. Jones by telephone at his residence, but there was no answer

71
Q

T/F

If an employee separates from the Department during an investigation, the investigation shall not be completed in its entirety

A

False, shall be completed

72
Q

T/F

If at the conclusion of an internal investigation adverse action or rejection during probation is unwarranted, the investigative file shall be prepared as a Miscellaneous Investigation.

A

True

73
Q

T/F

The investigated employees commander shall concur with the scope of the allegations and how they will be investigated.

A

True

74
Q

New investigators (shall/should/may) be paired with a mentor investigator

A

Should

75
Q

T/F

Employee history review shall not be recorded in the chronological summary.

A

False…shall be

76
Q

T/F

If the questionnaire is utilized, a list of recipients shall be included in the file; however, only relevant responses from citizens shall be included in the investigative file

A

False, all responses shall be included

77
Q

T/F

where there is a need to review a MVARS video not covered by the threshold/non-threshold criteria, the Division commander’s approval shall be obtained and the Office of Employee Relations shall be notified. Each circumstance will be evaluated:

A

True/on a case by case basis.

78
Q

T/F

Nothing in the MVARS review policy prohibits disciplinary action, with commander’s approval, for those instances where the behavior or action becomes habitual after being addressed informally

A

True

79
Q

Employees reviewing MVARS recordings should remain ——- on the incident at hand, and should only view those recording ——– to the incident in question.

A

Focused/relevant

80
Q

T/F

A medical release shall be obtained for medical records contained within the employee’s personnel file or as a part of a work-related injury/illness.

A

False, is not necessary

81
Q

T/F

In accordance with Government Code § 3308, employees shall not be required or requested for purposes of job assignment or other personnel action (e.g., adverse action) to disclose any item of personal

A

True; except:

The privilege does not apply to information obtained or required under state law or proper legal procedure.

If the information tends to indicate a conflict of interest with respect to the performance of the employee’s official duties

82
Q

Peace Officers: Labor Code § 432.7 (allows/prohibits) investigators to request copies of records pertaining to the arrest or detention of peace officer employees prior to conviction

A

Allows

83
Q

T/F

Labor Code § 432.7 permits investigators to seek and request copies of records pertaining to the arrest or detention of non-uniformed employees prior to conviction, as well as any record regarding a referral to, and participation in, any pretrial or post-trial diversion program.

A

False, Prohibits seeking pre conviction or any of the diversion documents

84
Q

T/F

Employees may be compelled to submit to a polygraph or voice stress analysis

A

False, shall not be. May voluntarily submit to, but refusal cannot be held against, or used against in later proceedings

85
Q

T/F

The notification of destruction/repair memorandum shall be provided to the employee no less than 10 days prior to the destruction or repair to provide the employee (and/or employee’s representative) an opportunity to examine the evidence

A

False within a reasonable time prior

86
Q

T/F

If the involved employee (driver) is the subject of an administrative investigation, the employee shall be given notice prior to any repairs to the vehicle, despite operational need.

A

True

87
Q

Evidence pertaining to an administrative investigation shall be stored for a minimum of (#) years; (T/F): beginning with the date the investigation is initiated or the life of the investigative file, whichever is shorter.

A

Five/false, which ever is longer

88
Q

Evidence from administrative investigations shall:
A) remain in the command which originally completed the investigation
B) be transferred to the new command following any transfer of the involved employee(s)
C) be forwarded to OIA upon transfer of any involved employee

A

A-remains despite transfers

89
Q

In most instances, personal containers present on state property or in a locker (may/may not) be searched without a warrant or consent.

A

May not

90
Q

T/F

When the command has allowed a reasonable expectation of privacy, such as issuance of a key to the desk, the desk may not be searched without a warrant.

A

False, provisions of Government Code § 3309 apply, employee must be present, notified, or search warrant. But 3309 only applies to desk owned by state.

91
Q

T/F

An employee’s desk can normally be entered by a supervisor when looking for work product.

A

True

92
Q

T/F

If, during the course of an administrative investigation, a witness requests his/her ice tenth remain confidential, the request shall be granted.

A

False, due to the right to review the statements and prepare a defense, that request cannot be honored

93
Q

All statements from departmental employees who are interviewed as witnesses during internal investigations (shall/shall not/should/should not/may/may not) be recorded

A

Shall

94
Q

T/F

an investigator may surreptitiously record, monitor, or eavesdrop on a departmental employee so long as it is part of a criminal investigation

A

True, with prior consult with OIA

95
Q

T/F

Unless previously approved by the Office of the Commissioner, video recordings shall not be made of administrative interrogations

A

True

96
Q

T/F

All interviews and criminal and/or administrative interrogations shall be summarized on a memorandum and subsequently transcribed.

A

False, summarized or transcribed

97
Q

T/F

Investigator’s notes need not be preserved as long as the information is incorporated into a memorandum summarizing the interview

A

True

98
Q

For all dismissal cases, the employee’s interrogation (shall/should/may) be transcribed in its entirety

A

Shall

99
Q

If investigator believes the employee is either admitting to actionable misconduct or is engaging in misconduct through failure to cooperate, the interview (shall/should/may) be immediately stopped to protect the employee’s rights.

A

Shall

100
Q

All persons present (shall/should/may) verbally identify themselves by name, rank or title, and assignment.

A

Shall

to enable subsequent voice identification of the persons present

101
Q

T/F

Whereas employees are generally given advance notice of administrative interrogations, such notice shall be given prior to criminal interrogations.

A

False, notice is not normally given in criminal interrogations

102
Q

T/F

When an employee is subject to a criminal interrogation, the employee shall only be admonished of Miranda rights prior to any questioning if the setting constitutes a reasonable belief the employee is in a custodial situation.

A

False, shall be administered, (Government Code § 3303[h]).

103
Q

T/F

While criminal investigators may not participate in an administrative interrogation, an administrative investigator should observe the criminal interrogation.

A

True

104
Q

T/F
T/F

A statement voluntarily provided by an employee in a criminal interview should be included in both investigations. And conversely, a compelled statement obtained in an administrative interview should be included in the criminal investigation.

A

True

False, cannot be

105
Q

T/F

To maintain the separation between investigations, criminal investigators shall not participate in administrative interrogations.

A

True

106
Q

T/F

Interrogation of the employee shall be conducted in all cases.

A

False, is not necessary in all cases.

107
Q

Subjecting an employee to multiple administrative interrogations regarding the same matter:
A) shall not be allowed
B) should be avoided
C) requires approval from the appropriate AC

A

B) should be avoided

108
Q

Prior to an employee being the subject of additional administrative interrogations regarding the same subject area(s), the employee (shall/shall not/should/should not/may/may not) be given a copy of the recordings of all previous administrative interrogations

A

Shall, and with reasonable time prior to re-interview

109
Q

If an employee is unavailable for notice of interrogation, the employee:
A) shall be advised verbally (of the information contained in the notice).
B) shall not be noticed verbally only.
C) shall be faxed or emailed the notice.

A

Shall be noticed verbally of info in notice, but shall be given written notice prior to actual interrogation

110
Q

T/F

An employee has a right against self-incrimination and, by issuing the “Lybarger warning,” the Department may obtain a compelled statement.

A

True…Therefore, the CHP 8A shall be read verbatim.

111
Q

The CHP 8 (shall/should/may) be read in its entirety while being recorded during an interrogation.

A

Shall

112
Q

An employee refusing to respond to questions or submit to an interrogation (shall/should/may) be informed that failure to answer questions directly related to the investigation or interrogation may result in adverse action.

A

Shall

113
Q

Typically, investigators (shall/should) not question employees regarding matters not mentioned in the Notice of Administrative Interrogation; however, such issues volunteered by the employee during the interrogation (shall/should/may) be addressed to their logical conclusion.

A

Should not/ may be

114
Q

At the conclusion of the interrogation, the employee representative (shall/should/may) be allowed an opportunity to question the employee to clarify —–, make ———- ———- , or suggest other employees who have knowledge of them

A

Shall

Facts/clarifying statements

115
Q

Employees covered under the Public Safety Officers Procedural Bill of Rights Act (POBR) have the right to submit a written response within (#) of days to any adverse comment entered into the employee’s personnel file, including a censurable CHP 2, Memorandum of Direction, or Memorandum of Findings

A

30 days

116
Q

closing correspondence shall be prepared by the investigating command and provided to the reporting employee within (#) (business/calendar) days of the administrative investigation being approved

A

30 Calendar

117
Q

Probationary periods (may/cannot) be extended to allow additional time for completion of the investigation

A

Cannot

118
Q

T/F

An employee’s separation from the Department prior to the completion of the internal investigation allows the Department the option of terminating the investigation.

A

False: shall not impact the investigation and documentation level.

119
Q

Upon receipt of the approved investigation file from Division, the command shall prepare (#) total copies (the original plus (#) copies) foe distribution.

A

5 total, original + 4

120
Q

Once finalized, ( the area/OIA/Division) will prepare a Notice of Adverse Action, Notice of Non-Punitive Termination, or Notice of Rejection During Probation for approval by the appropriate Commissioner or Division commander

A

OIA

121
Q

For Officers/Sgt’s/Non-Uniformed

The effective date of the adverse action shall be no less than (#) (business/working/calendar) days after the date of service of the notice.

A

25 calendar days

122
Q

An employee must have (#) or more working days (includes the usage of leave credits, compensated time off) in a monthly pay period to have a qualifying pay period

A

11 or more

123
Q

For Officers/Sgt’s

Suspension days are to be scheduled consecutively, with no regular days off (RDOs) or holidays (during/outside of) the suspension period. Any RDOs for a given state pay period must be scheduled (during/outside) of the suspension period

A

During

Outside of

124
Q

An adverse action with a penalty of demotion shall become effective at 1700 hours on a date at least (#) (business/working/calendar) days after the last day of the PDH period

A

15 Calendar

125
Q

T/F

The effective date can also be set earlier, if the situation warrants, but shall not be any earlier than five (5) business days after the last day of the PDH period.

A

True

126
Q

T/F

The employee and employee’s representative shall not be granted state time to review the administrative investigation file or prepare a PDH response.

A

False, shall be granted four (4) hours of state time to review the administrative investigation file and prepare a PDH response

127
Q

Per policy, the PDH period starts the day after the notice is served and ends at 1700 hours (#) (business/calendar/working) days later for uniformed employees, and (#) (business/calendar/working)later for non-uniformed employees.

A

U: 10 working days

N: 5 working days

128
Q

If the notice is served by mail, the Area commander shall take into account (#) (business/calendar/working) days for delivery when designating the PDH period. If the address is out of state, (#) (business/calendar/working) days shall be added.

A

5 calendar days

10 Calendar days

129
Q

The original Notice of Adverse Action, Notice of Rejection During Probation, or Notice of Non-Punitive Action shall be served on the employee (within 5 days/within 24 hours/as soon as possible) following receipt

A

As soon as possible

130
Q

All notices shall be served within (#) (business/working/calendar) days of the Department’s decision to impose discipline, defined as:

A

30 calendar days

131
Q

In those cases where personal service of a notice is not feasible, and service by mail becomes necessary, the date of service is:
A) the date received/signed for by the employee
B) the date of mailing
C) 10 business days after the date of mailing

A

B) the date of mailing

132
Q

The completed notice and signed CHP 7C shall be faxed to OIA
A) within 24 hours following service.
B) within 48 hours following service.
C) as soon as possible following service.

A

C) as soon as possible following service.

133
Q

All administrative investigations shall be destroyed after a period of (#) years, commencing from the date:

A

5 years

the employee is served with the Notice of Adverse Action or the closing documentation

134
Q

Investigations which resulted in a formal written reprimand shall be retained for (#) years; however, a copy of the formal written reprimand shall be removed from the field personnel folder after a period of (#) years from the date the employee was served with the Notice of Adverse Action.

A

5 years

3 years

135
Q

Any corrective documentation issued to an employee as the result of an internal investigation shall be removed from the employee’s field personnel folder after a period of (#) years from the date of issuance

A

3 years

136
Q

Any corrective document, as it is an exhibit, shall remain with the internal investigation

A) until the scheduled destruction of the investigation.
B) , and removed at the time it is removed from the personnel file (3 years).
C) until 5 years after the employees retires.

A

A)

137
Q

The CHP 7E shall be maintained by each Division for a period of (#) years from:

A) the date closing documentation is served.
B) the end of the calendar year.
C) the date of the investigation initiation.

A

5

B)

138
Q

Commanders shall make ——— reports to OIA advising of the status of all employees on probation.

A) weekly
B) monthly
C) twice annually
D) quarterly

A

D)

139
Q

T/F

Any rescinded corrective or closing documents shall be removed from all files with the exception of the OIA file.

A

False, all copies shall be destroyed

140
Q

If it is determined that the penalty will be rescinded, the action will be converted to:

A

a miscellaneous investigation

141
Q

T/F

If the employee is not satisfied with the PDH officer’s decision, the California Association of Highway Patrolmen may submit a request for arbitration.

A

True

142
Q

T/F

Eligibility to use leave credits in lieu of serving an adverse action penalty, or portion thereof, is available to all state employees but required specific approval from the appropriate Division commander.

A

False: requires specific authorization from applicable collective bargaining agreements. Currently, the use of leave credits applies only to Bargaining Unit 5 employees and non-represented employees

143
Q

The request to use leave credits shall be made by the employee or representative prior to:

A

the conclusion of the PDH period

144
Q

An employee may file an appeal with the SPB Appeals Division no later than (#) (business/working/calendar) days after the effective date of a Notice of Adverse Action

A

30 Calendar

145
Q

A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than (#) (business/working/calendar) days after the effective date of the rejection.

A

15 calendar

146
Q

T/F

Bargaining Unit 5 and non- represented employees may appeal a minor discipline adverse action penalty by submitting a request for arbitration.

A

True

147
Q

The request for arbitration in a minor discipline Decision must be submitted in writing to OIA within (#) (business/working/calendar) days of the date the PDH officer’s decision was received by the employee

A

14 calendar

148
Q

After receiving the Notice of Appeal, the originating commander (shall/should/may) appoint a case coordinator (typically the lead investigator), who will ensure the matter is properly prepared for hearing

A

Shall

149
Q

In the case of an appeal, and Subsequent to notification by OLA of the assigned counsel, the case coordinator (shall/should) establish immediate contact with the attorney and be prepared to discuss the case

A

Should

150
Q

T/F

An employee may file an appeal at any point during the PDH period.

A

False: the employee must have exercised predisciplinary review rights, thus making the employee eligible to file an appeal

151
Q

If the employee is not satisfied with the PDH officer’s decision in regards to a written reprimand, the employee association may submit an appeal to the:

A

Office of the Commissioner

152
Q

The appeal of the PDH officers decision on a written reprimand must be submitted in writing to OIA within (#) (business/working/calendar) days from the date the PDH officer’s written decision was received

A

14 Calendar days

153
Q

T/F

The Office of the Commissioner will respond in writing to the written reprimand appeal thru the employee association within 14 calendar days

A

True

154
Q

At least (#) (business/working/calendar) days before the effective date of a proposed adverse action, rejection during the probationary period, or non-punitive termination, demotion, or transfer, the appointing power, or an authorized representative of the appointing power, shall give the employee (written/oral/either written or oral) notice of the proposed action

A

5 working

Written

155
Q

At least (#) (business/working/calendar) days before the effective date of a medical termination, demotion, or transfer, or an application for disability retirement, the appointing power, or an authorized representative of the appointing power, shall give the employee written notice of the proposed action

A

15 calendar

156
Q

The probationary period may be extended for a maximum of (#) (business/working/calendar) days in order to comply with notice requirements for rejection during probation

A

5 working

157
Q

If an employee separates from the Department during an administrative investigation, the file shall be converted to a:

A

miscellaneous investigation

158
Q

T/F

If an adverse action has been initiated after an employee separates as a result of a disability retirement, the investigation shall be completed and the employee shall be served with the Notice of Adverse Action.

A

True

159
Q

T/F

To preclude any potential violation of POBR, directing an employee to prepare a memorandum (describing the employee’s version of the matter in question) when an adverse action is warranted is prohibited. However, subsequent to an interview, an employee may be directed to prepare a memorandum.

A

True

160
Q

An employee is not entitled to a representative when the investigation is solely and directly concerned with ——– activities. During these investigations, employees are entitled to ——– representation.

A

Criminal/criminal

161
Q

In most instances, it is reasonable to provide the employee (#) hours notice prior to an interrogation.

A

24 hours

However, there may be time-sensitive investigations which require service less than 24 hours (or immediately prior to) the interrogation.

Sgts Study (32 decks)

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