Flashcards in HPMS 10.2 (Internal Investigations) and 10.4 (Citizens Complaints) Deck (76)
Bazemore refers to:
This term refers to an appeal by Ms. Carla Bazemore and subsequent precedential decisions by the State Personnel Board in 1996. This case was determined by SPB to have bearing on discipline matters conducted by all state departments and agencies. Employees shall be notified of misconduct for which they are being counseled may be charged in a future adverse action if the written document contains the Bazemore admonition
TRUE OR FALSE?
The Bazemore admonishment shall be included in all Memoranda of Direction (MODs) which are counseling or remedial in nature. The Bazemore admonishment shall be stated verbatim
What is Government Code 19572?
The authority and specific charging sections for taking adverse action against an employee.
Supervisors and managers are expected to :
Ensure employees are informed of expectations via briefings, ride-alongs, one-on-one discussions, training days, written acknowledgments of policy review, etc.
Recognize those individuals who are meeting or exceeding standards by providing positive reinforcement and recognition, e.g., CHP 100 Form comments, commendable CHP 2, Incident Report, etc.
Preventative Actions: Proactive steps that reduce or eliminate the need for corrective or adverse action. It is the supervisor’s responsibility to engage and lead the employee in the right direction, as opposed to merely documenting the actions of the employee. Examples of preventative actions include but are not limited to, the following:
Adequate ongoing training for all classifications
Clearly defined job duties, conduct, expectations and objectives
Ensure employees have positive and respectful workplace communication with the chain of command, peers, and subordinates.
Provide periodic and routine assessment and feedback of job performance to all employees
Provide fair , engaged, and impartial supervision
Make referrals to the Employee Assistance Program (EAP)
TRUE OR FALSE?
The primary difference between formal and informal counseling is documentation. After formal counseling, the employee receives some form of documentation regarding the counseling session.
There are six types of penalties for adverse actions. What are they?
Formal Written Reprimand
Salary Reduction within Salary Range of the Class
Dismissal from State Service
TRUE OR FALSE?
Formal written reprimand and suspension: The effective date of the adverse action shall be no less than 25 calendar days after the date of service of the notice.
The Department must notify the employee of its proposed disciplinary action within this one-year period, except under any of the following circumstances:
The internal investigation cannot be completed due to a pending criminal investigation by another law enforcement agency involving the subject employee
The employee waives the one-year time period in writing
A reasonable extension is necessary to coordinate a multi-jurisdictional investigation
The investigation involves more than one employee and requires a reasonable extension
The investigation involves an employee who is incapacitated or otherwise unavailable
The investigation involves a matter of civil litigation and the employee is a defendant
The investigation involves a matter under criminal investigation and prosecution, and the complainant is a criminal defendant
The investigation involves an allegation of workers’ compensation fraud by the employee
"Other" Complaints. Complaints which may contain Category I or II allegations as outlined above, but which also meet the definition of one of the following types of complaints, as defined in this chapter:
- Departmental complaint
- Citation Validity complaint (if this is the sole allegation)
- Rescinded complaint
- Frivolous complaint
Non-Complaints. Issues brought to the attention of the Department which are not normally considered citizens’ complaints for the purpose of investigation and documentation in accordance with this manual. Refer to Chapter 3 for specific guidance on the acceptance and proper processing of these complaints. Examples of such non-complaint issues include:
- Vehicle Storage/Impound Validity
- Other Agency
- Off-duty conduct
TRUE OR FALSE?
13. All citizen complainants shall be provided a CHP 240B and 240D within 5 days and the supervisor shall request the form be returned within 10 days.
What are the 4 Citizen Complaint Categories?
Category I, Category II, Other Complaints, Non-Complaints
A “Minor” adverse action is an action which requests a penalty of ____days or less or a step reduction in salary for _____months or less (excluding formal written reprimands).
5 days / 5 months
When a meeting is held with an employee and his/her superior for the purpose of eliciting information to support adverse action, the employee has a right to _______.
The employee shall have his/her assigned locker, or other place for storage searched when the search is conducted under any of the following conditions:
In his/her presence
After a warrant has been obtained
Where the employee has been notified that a search will be conducted
An employee shall have how many days within which to file a written response to any adverse comment entered in his/her personnel file?
30 calendar days
TRUE OR FALSE?
The employee is not entitled to representation in the normal course of duty, counseling, instruction, issuance of Incident Report (CHP 2), informal verbal admonishment, or other routine contact with a supervisor.
Name the complaint findings, list them in order of severity:
Normally, who will accept telephone calls from, or conduct personal interviews with, potential complainants.
The _______ or _________ , as appropriate, must be provided to all potential complainants.
CHP 240B / CHP 240D
TRUE OR FALSE?
If an employee refuses to submit to a polygraph examination, the refusal CAN NOT be commented on or recorded in the investigation?
An Adverse Action can result in what results in what 6 outcomes?
Formal written reprimand, reduction in salary dismissal, involuntary transfer ,demotion, suspension
Copies of the adverse action shall be retained at both Area and Division levels for ____________.
An employee has the right to be represented at all times during investigations that focuses of matters which are likely to result in__________ against the employee
It is the policy of this Department to restrict the number of departmental representatives (interrogators) to a maximum of _____ during an administrative interrogation and the investigator must be at least____rank higher.
Two and one
A complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct is a ________ complaint
If the complaint investigation uncovers any actual or alleged damage to property, or injuries to persons which may result in a claim against the state, a CHP 268, Potential civil litigation Report, shall be completed. The CHP 268 ___________ be attached to the complaint investigation.
In accordance with Penal Code Section 832.5, all citizens’ complaint investigations shall be retained for a period of _______ years.