Chapter 3 – Personnel, Training, and Employee Relations

33030.13 Investigation Review

• Upon completion of the investigative report for designated cases, the investigator shall provide a copy of the investigative report and all supporting documentation to the Vertical Advocate, for designated cases, and the SAIG, for cases monitored by the BIR, for review. As soon as operationally possible, but no more than twenty-one (21) calendar days following receipt of the investigative report, the Vertical Advocate shall review the investigative report and supporting documentation and provide feedback to the assigned investigator. This feedback shall address the thoroughness and clarity of the report, shall provide recommendations regarding any Peace Officer Bill of Rights or union contract issues, and shall recommend additional investigation that may be necessary to complete the investigative report. The Vertical Advocate shall provide a written confirmation of these discussions (i.e. memorandum or e-mail) to the investigator, with a copy to the Hiring Authority and SAIG. The investigator shall forward a copy of the written confirmation of these discussions to his/her OIAOffice of Internal Affairs case supervisor. The Vertical Advocate shall document all related communications in the legal page of the CMS.

• Following completion of the review process above, the investigator shall provide the investigative report to the Hiring Authority. As soon as operationally possible, but no more than fourteen (14) calendar days following receipt of the final investigative report, the Hiring Authority shall review the investigative report and supporting documentation. The Hiring Authority shall consult with the Vertical Advocate, for all designated cases, and the SAIG, for all cases monitored by the BIR when reviewing the investigation and making investigative findings. The following shall be considered:

  • Whether the investigation is sufficient;

  • Whether the allegation(s) in the investigation are founded or not;

  • Whether corrective or disciplinary action is supported by the facts;

  • If disciplinary action is supported by the facts, what penalty is appropriate within the parameters of the Disciplinary Matrix;

  • What causes for discipline under Government Code section 19572 are supported by the factual findings;

  • What recommendations are made by the SAIG, for cases the BIR is monitoring.

• The Vertical Advocate shall document all related communications in the legal page of the CMS including, specifically, his/her recommendations to the Hiring Authority regarding the investigative findings.

• For investigations that are sufficient, the Hiring Authority shall indicate the findings on CDCRCalifornia Department of Corrections and Rehabilitation Form 402 for each allegation and shall indicate whether corrective or disciplinary action shall follow. The CDCRCalifornia Department of Corrections and Rehabilitation Form 402 shall be forwarded to the EROEmployee Relations Officer/Disciplinary Officer. The EROEmployee Relations Officer/Disciplinary Officer shall (1) record the findings in the CMS database, and either (2) initiate corrective or disciplinary action as directed by the Hiring Authority, for non-designated cases or (3) forward a copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 402 to the Vertical Advocate, for designated cases, to initiate disciplinary action. If there is significant disagreement regarding investigative findings on a designated case or a case monitored by the BIR, the CDCRCalifornia Department of Corrections and Rehabilitation Form 402 shall not be completed until Executive Review has concluded (Refer to section 33030.14 “Executive Review.”) For investigations that are insufficient, the Hiring Authority shall document requests for additional investigation on the CDCRCalifornia Department of Corrections and Rehabilitation Form 402 and shall forward the CDCRCalifornia Department of Corrections and Rehabilitation Form 402 to the EROEmployee Relations Officer/Disciplinary Officer. The EROEmployee Relations Officer/Disciplinary Officer shall retain the original CDCRCalifornia Department of Corrections and Rehabilitation Form 402 in the Adverse Action file and shall forward a copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 402 to the assigned investigator; the Central Intake Unit; the appropriate OIAOffice of Internal Affairs regional office; the Vertical Advocate for designated cases; and SAIG for cases monitored by the BIR. The investigator shall provide to the Hiring Authority the requested information or complete additional investigations as soon as operationally possible.