Flashcards in HPM 10.2 Deck (68)
Investigations shall be conducted in a manner which will ensure all ____ _____ are afforded. Likewise, all empoyees will be treated ______, with ____ and ______
professionally, dignity, respect
All instances of alleged misconduct by departmental employees ____ be investigated and, when appropriate_______________
adverse action or rejection during probation initiated
_____ Code contains California law regarding disciplining state employees and gives the authority to reject trainees during probation
Collective barganining agreements contain terms and conditions of employment. If the GC and CBA differ, the _____ is controlling
The authority to take adverse action or initiate reject is vested in the Commisioner. However, as statutes allow, the Commisioner may designate _____________
an authorized representative
By law the POBR applies to all probationary and permanent employees with the exception of _____
Managers and supervisors sall ensure all investigations are conducted in compliance with the provision of the _____ and protect ____ __ ______
rights of employees
When a manager or supervisor is notified or discovered misconduct by an employee, they ____ notify _______. If the conduct egregious, this notification will be _____
next level of command
Adverse Action is a disciplinary legal action taken in response to an employee's misconduct or failure to meet the rules. Penalties include:
Formal written reprimand
reduction in pay
The Dept may reject any employee during probation for reasons relating to:
failure to demonstrate merit
The Dept will only investigate allegations which have a nexus to the department. Nexus is est in the following circumstances:
-Occurred while on duty
-All criminal acts by uniformed employee, on duty or off
-All criminal acts by non uniformed, on duty or off duty which consititue a felony or is a crime of moral turpitude.
-While off duty, employment status is affirmley est by an overt act.
-Any off duty misconduct that affects the employees ability to affectly work (susp license)
-Any type of misconduct that will bring discredit to the Dept
-Normally just the mere knowledge of uniformed employees status on the Dept is not enough to constitute a nexus.
Administrative Interrogation is defined as:
The formal and direct questioning of an employee to det the facts of an internal investigation. Shall be conducted in accordance with POBR (shall be recorded)
Arbitration is defined as:
The process of resolving a dispute or grievence outside of the courts through an impartial 3rd party.
Absense without leave is defined as:
Absence for 5 consecutive working days is considered automatic resignation from state service.
Bazemore Admonition is defined as:
Admonition given to employees which are being counseled that they may be charged in a future adverse action if the writen docs containt the Bazemore Admonition. (To be writen verbatim and shall be included in all MOD's)
Brady Material consists of the following:
exculpatory or impeaching information that is material to the guilt of punishment of the defendant. (Evidence that would serve to reduce a defendants sentence must also be disclosed by the prosecution)
Formal Written Reprimand is defined as:
Lowest level of adverse action and is considered a minor adverse action. Does not result in a monetary penalty.
Lybarger Admonishment is defined as:
Given in admin interrogations advising employee that they do not have the right to refuse to answer questions and if they do it will be conisdered insubordination. (cannot be used in a criminal matter)
Minor Discipline is defined as:
Involves a penalty consisting of 1-5 working days suspensions or equivalent step reduction in pay
Pre-disciplinary Hearing Officer is defined as:
An unbiased, independent, non-involved reviewer of the proposed adverse action (usually Div Commanders or Ass Chiefs)
Pre-disciplinary Hearing Process is defined as:
Used to be called a Skelly Hearing, it is the process where an employee and rep have the right to present material
Removal for Cause from Specialty Pay Position occurs when:
The employee's performance/conduct has a direct relationship to the ability to perform that particular skilled assignment.
Formal Counseling is considered a routine ____ _____ and therefore not subject to the grievence process nor is the emp entitled to representation.
The difference between formal and informal counseling is:
formal counseling, the employee receives some form of documentation regarding the session.
There are 6 types of penalties for adverse actions, they are?
-Formal written reprimand
Dismissal from state service
Case suspenses: Area and Div commanders shall ensure that insestigations are fowarded to OIA within ____
Whenever an employee is made aware they are the subject of a criminal inv, they ____ ____ notify a supervisor. The commander then shall notify OIA through proper chanels
When potential criminal misconduct is ID'd, the commander ___ immediately notify Div and OIA. They commander shall also notify the Office of _____ prior to any contact with _____
Note: this also includes informal hypothetical inquiries regarding any un named employeee
The decision to file charges or not shall be documented in the admin inv file, listing what information?
The name of the person authorizing or rejecting prosecution