10.2

Question 1

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

Answer 1

Commissioner (HPM 10.2, 1-4)

Question 2

What are the 4 possible outcomes of an Administrative Investigation?

Answer 2

Adverse Action,
Rejection During Probation,
Miscellaneous Investigation,
Non-Punitive Termination (HPM 10.2 2-3)

Question 3

What is a Lyberger Admonishment?

Answer 3

An admonishment given in administrative interrogations which advises the subjects of the interrogations that they do not have the right to refuse to answer administrative questions (HPM 10.2 2-8)

Question 4

The six types of penalties for adverse actions are as follows:

Answer 4

Formal Written Reprimand,
Salary Reduction within Salary Range of the Class,
Suspension,
Involuntary Transfer,
Demotion,
Dismissal (HPM 10.2 2-3)

Question 5

What is a Coleman hearing?

Answer 5

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)

Question 6

Compelled statements made during an administrative interrogation ___________ be included in a criminal interrogation.

Answer 6

Shall not (HPM 10.2 4-6)

Question 7

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?

Answer 7

15 calendar days (HPM 10.2 4-16)

Question 8

An employee may file an appeal with the SPB no later than how many days after the Notice of Adverse Action?

Answer 8

30 calendar days (HPM 10.2 9-12)

Question 9

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.

Answer 9

Is not / is not (HPM 10.2, 3-6)
NOTE: A formal counseling session will be documented on the counseled employee’s monthly evaluation form, (e.g., CHP 100, CHP 100PSD, CHP 112). HPM 10.2 3-7

Question 10

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

Answer 10

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)

Question 11

The assigned primary investigator shall be ____________ than the highest ranking involved employee, unless otherwise approved by the Division commander or appropriate Assistant Commissioner.

Answer 11

at least one rank higher (HPM 10.2 4-4)

Question 12

Can statements obtained during Administrative interrogations be used to support
a criminal investigation?

Answer 12

No. Administrative interrogations involve compelled statements. Since the
employee is ordered to answer questions, statements obtained during
administrative interrogations shall not be used to support a criminal investigation.
(HPM 10.2, 6-3)

Question 13

Interviews can be accomplished by a single investigator or by an investigative team, limited to a maximum of _____.

Answer 13

two investigators (HPM 10.2, 6-10)

Question 14

Area and Division commanders shall ensure the investigation is forwarded to OIA within ________ from the date the Area becomes aware of the misconduct.

Answer 14

60 calendar days (HPM 10.2, 4-5)

Question 15

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.

Answer 15

30 calendar days (HPM 10.2, 9-12)

Question 16

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.

Answer 16

15 calendar days (HPM 10.2, 9-12)

Question 17

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:

Answer 17

Formal written reprimand,
Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction. (HPM 10.2, 8-4)

Question 18

The respective Assistant Commissioner (in the chain of command of the involved employee) is the final level of approval for adverse action with a penalty of:

Answer 18

(a) Suspension of six (6) to 20 working days, or the equivalent monthly step reduction.
(b)Removal from a specialty pay position (Bargaining Unit 5 personnel). (HPM 10.2, 8-4)

Question 19

The Commissioner or Deputy Commissioner is the final level of approval for:

Answer 19

Adverse Action with penalty of:
(1) Dismissal
(2) Demotion
(3) Suspension > 20 days or equivalent monthly step reduction.
(4) Rejection during probation
(5) Non-punitive termination (HPM 10.2, 8-5)

Question 20

How many consecutive days must an employee be absent without leave to be considered AWOL?

Answer 20

5 (HPM 10.2 2-5)

Question 21

Of the four outcomes for an administrative investigation does AWOL, failure to meet minimum qualifications, and medical disqualifications fall under?

Answer 21

Non-punitive termination HPM 10.2 2-4

Question 22

The Bazemore admonition shall be included in all _________ which are counseling or remedial in nature. The Bazemore admonition _____ be stated verbatim.

Answer 22

Memoranda of Direction (MODs)/ Shall (HPM 10.2 3-8)

Question 23

Search of Locker/Storage. An employee shall not have an assigned locker, or other place for storage, which are owned or leased by the Department, searched unless the search is conducted under any one of the following conditions:

Answer 23

(1) In the involved employee’s presence,
(2) With the involved employee’s consent,
(3) 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,
(4) 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 11-10)

Question 24

Per GC § 19635, No adverse action shall be valid against any state employee for any cause for discipline…, unless notice of the adverse action is served within_______ years after the cause for discipline, upon which the notice is based, first arose.

Answer 24

3 years (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 three years after the discovery of the fraud, embezzlement, or falsification.

Question 25

Pursuant to Government Code (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 Department’s discovery of the allegation by a person authorized to initiate an internal investigation (typically a supervisor or above).

Answer 25

one (1) year HPM 10.2 4-12

Question 26

Investigations shall be completed within what timeframe? Who may authorize an extension for complex investigations?

Answer 26

Shall be forwarded to OIA within 60 CALENDAR days. Appropriate AC may extend. (HPM 10.2 4.3.f)

Question 27

Can a witness request complete confidentiality from the accused employee?  Why?

Answer 27

They cannot.  The employee has the right to review the allegations and to prepare a potential defense.  (HPM 10.2 6-4)

Question 28

POBR regs allow an employee how many days to submit written response to any adverse comment entered into the employee’s personnel file, including a censurable CHP 2, Memorandum of Direction, or Memorandum of Findings.

Answer 28

30 days (HPM 10.2 7-9) A copy of the employee’s response shall be attached to all copies of the investigation, including the copy retained by the Office of Internal Affairs (OIA).

Question 29

All notices of disciplinary action shall be served within ___________of the decision to impose discipline, defined as when the notice is approved by the Office of the Commissioner.

Answer 29

30 calendar days (HPM 10.2 8-11)

Question 30

How many days does the PDH officer have to respond to a written response from an employee as a result of an AA?  What about a verbal response from the employee?

Answer 30

14 calendar days if written/7 calendar days if verbal (HPM 10.2 9-8)

Question 31

Can an employee use leave credits to satisfy an entire suspension period of 5 days or less?  What about for suspensions of 6 days or more?

Answer 31

5 days or less: yes.  Leave credits can be used for the entire suspension period, 6 days or more: leave credits are used for only up to half of the suspension period.  (HPM 10.2 9-10)

Question 32

If an employee separates from the Department during an internal investigation, the AA gets converted to what kind of investigation?

Answer 32

Miscellaneous Investigation (HPM 10.2 10-3)

Question 33

Begin the recorded portion of the interview by stating the date, time and specific location of the interview. All persons present shall verbally identify themselves by ______, ________, ______.

Answer 33

Name, Rank or title, and Assignment (HPM 10.2, 6-15)

Question 34

What CHP employees are not protected under the POBR?

Answer 34

Cadets  (HPM 10.2 11-3)

Question 35

In the course of authorized video review, there is a possibility of discovering policy and/or criminal violations committed by MVARS users.  If unrelated improper conduct is discovered during the review of MVARS video, the following will apply:  Conduct not rising to the level of adverse action should be viewed as a _________________________. The manager or supervisor should discuss the incident with the employee (i.e., informal counseling).

Answer 35

Training opportunity / HPM 10.2 5-11/12

Question 36

Notification (to employee) _____________ required prior to a criminal interrogation.

Answer 36

Is not / HPM 10.2  6-12