LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 605.06 Employees' Cooperation in the Administrative Investigation Process
 
Policy Category:  Administrative
Distribution Level:  Directly-Operated Programs
Responsible Party:  Human Resources
 
Approved by Marvin J Southard, DSW, Director, on November 20, 2012
 
I.  PURPOSE

To provide the Los Angeles County-Department of Mental Health’s (LAC-DMH or Department) expectations of employees with regard to administrative investigations.
 
II.  POLICY

All LAC-DMH employees are to fully cooperate in, and refrain from taking any action that could interfere with, delay, obstruct, distort, or influence any administrative investigation process conducted by the County of Los Angeles or any authorized agency.
  • Failure to cooperate when ordered to do so and when properly advised of their rights, as applicable, may subject employees to disciplinary action up to and including discharge.
All LAC-DMH employees are required to fully cooperate with internal administrative investigations within the Department as well as those being conducted by agencies within or external to the County. Employees shall make full, complete, and truthful statements during an administrative investigation when ordered to do so.

Any investigation or inquiry of employees shall comply with applicable provisions of law, including, but not limited to those provisions set forth in the “authority” section of this policy.

Any employee who provides false evidence, withholds evidence, or interferes in any way during an investigation, requests or encourages another to do so, or retaliates against another who participates in an investigation shall be deemed to have obstructed the investigation.
 
III.  PROCEDURE
 
IV.  AUTHORITY 
 
Civil Service Rule 18.031, Discipline
Sielbauer v. County of Santa Clara, 45 Cal 4th 704; 199 P. 3d 1125; 88 Cal. Rptr. 3d 590 (2009)
Lybarger v. City of Los Angeles, 40 Cal 3d 822, 710 P. 2d 329; 221 Ca. Rptr. 529 (1985)
Upland Police Officers Assn vs. City of Upland, 111Cal 4th 1294 (2003)
Garrity v. State of New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 U.S.
NLRB v. Weingarten, Inc. 420 US 251 (1975)
Skelly v. State Personnel Board, 15 Cal.3d 194 (1975)
California Government Code Section 3300-3311, Public Safety Officers Procedural Bill of Rights
California Government Code Sections 3250-3262, Fire Fighters Procedural Bill of Rights
LAC-DHR Policies, Procedures, and Guidelines Nos. 910 and 1044.
DMH Policy No. 601.04, Transfers