Chapter 3 – Personnel, Training, and Employee Relations

31140.14 Allegation Inquiry

• Allegation inquiries shall be conducted at the direction of the Hiring Authority when there is an allegation of misconduct, which if true could lead to adverse action, and the subject(s), allegation(s), or both are not clearly defined or more information is necessary to determine if misconduct may have occurred. Each allegation inquiry shall be promptly performed by locally designated investigators approved by the OIAOffice of Internal Affairs or OIAOffice of Internal Affairs investigators. A written allegation inquiry report shall be provided to the Hiring Authority and shall document the collection of preliminary information that supports or refutes alleged misconduct. All applicable sections of Memoranda of Understanding (MOUMemorandum Of Understanding) related to personnel investigations shall be followed.

• The Hiring Authority, or designee, shall indicate on the CDCRCalifornia Department of Corrections and Rehabilitation Form 2140, in the designated area, if an allegation inquiry is being conducted and the resulting action from the allegation inquiry (e.g., referred to CIU for investigation, processed as a CDC Form 602, Inmate/Parolee Appeal Form, or found to not have merit).

• If, during the course of the allegation inquiry, sufficient information is obtained to warrant an Internal Affairs investigation, the locally designated investigators approved by the OIAOffice of Internal Affairs or the OIAOffice of Internal Affairs investigator shall notify the Hiring Authority. The Hiring Authority shall forward a CDC Form 989 to the OIAOffice of Internal Affairs CIU requesting an Internal Affairs investigation. If the allegation inquiry reveals sufficient evidence for the Hiring Authority to impose direct adverse action, the Hiring Authority shall forward a CDC Form 989 to the OIAOffice of Internal Affairs CIU requesting to impose direct adverse action.