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Flashcards in Pat's Intel Deck (56):
1

CATEGORY (I) USE OF FORCE
1. Any use of force not listed in Categories II, III, or IV, that causes a minor injury or a complaint of pain
CATEGORY (II) USE OF FORCE
TASER Deployments (probe & drive stun)
_____?_____ (not to the head)
OC Spray
Projectile impact weapons (where up to 4 rounds strike the suspect)
CATEGORY (III) USE OF FORCE
Impact weapon or Projectile Impact Weapon strikes to the head (intentional and accidental)
Projectile impact weapon (where more than_?__rounds strike the suspect)
Kicks to the head
Two or more officers deploy less-than-lethal force (O.C., Projectile
Impact Weapons, or TASER) on one suspect
__?__ or more officers use reportable force on one suspect
Force resulting in bone fracture
Canine apprehension (dog bite)
Carotid restraint applied
Force resulting in suspect’s loss of consciousness
Hospital admission as a direct result of the force.
CATEGORY (IV) USE OF FORCE
1. ____?_____ force – That force which the user knows would pose a substantial risk of death or serious bodily injury

Impact weapons

4


Four



Deadly

2

Per City Policy
“_________” emails must be approved and sent by the City Manager’s Office.

City-wide

3

If a full-time employee at the time of his/her service retirement has between 800 and 1,200 hours of unused sick leave, at the employee’s request he/she shall be paid hours accumulated X _______ of final hourly rate.

80%

4

29.1 Management's principal authorized agent shall be the Director of ________ _________, or his/her duly authorized representative except where a particular Management representative is otherwise designated.

29.2 The Employee Organization's principal authorized agent shall be the ___________ of the San Jose Police Officers’ Association, or his/her duly authorized representative.

Employee relation

President

5

"CUSTODY" OF INTOXICATED DRIVERS:
The tasks involved in processing intoxicated drivers require not only a "Miranda" warning prior to questioning but also an admonishment pertaining to the chemical test to determine the degree of intoxication. These two admonishments, when conducted at a processing area, often confuse the arrestee as to when the presence of an attorney is allowed. To avoid confusion, officers will, when practical, conduct a "Miranda Warning" in accordance with Section L 4510 "Warnings Prior to Interrogation" ________ transporting the arrestee from the scene of the arrest.

before

6

Parties agree that they and each of them shall not discriminate against any employee or Organization member on account of race, color, creed, __________, sex, sexual orientation, national origin, ancestry, age, marital status, physical or mental disability, familial status, or ________ __________.

Religion

Political affiliation

7

14.7 For personnel assigned to any assignment other than a specialized unit, work shifts may be altered by up to two (2) hours without incurring overtime for pre-planned/scheduled events.

14.7.1 Altered watch hours for pre-planned/scheduled events shall only occur a maximum of _______ times per year. The Department shall provide notice of altered watch hours in writing ________ days in advance of the adjustment.

6 times

30 days

8

14.6 For personnel assigned to specialized units, work shifts may be altered without incurring overtime when notice of the adjustment in scheduled hours of work is provided at least _________ hours in advance of the adjustment.

14.6.1 Whenever personnel in specialized units are given less than 48 hours notice of an adjustment in work schedule, the shift may be altered by up to ________ hours without additional payment to the employee. Whenever shifts are altered with less than 48 hours notice, employees shall receive time and one half the employee’s base hourly rate for every hour beyond the two-hour alteration allowed by this Article. This provision shall not apply in the event of an emergency which includes, but is not limited to, disasters, civil unrest, or major demonstrations.

48 hours

2 hours

9

Per the Memo on Ride-Along Participants:
The participant will not enter a person's private property real or personal property, including a person's__________ or _________, unless the officer has informed the owner or person in lawful charge of the property about the participant and received their consent, allowing the participant to be present. The consent shall be documented on any investigative report appropriate to the types of case being investigated. In the absence of an investigative report, the officer will document the consent in the Event Comments section when they clear the event.

residence

vehicle

10

The City must apply the _________ standards for a Police Officer to all Police Recruits. In addition, Police Recruits must be field ready prior to being promoted to the classification of Police Officer.

Medical

11

Departments that want to access a current employee’s email or internet access, must receive written approval from the______________, by submitting a request to the City Manager’s Office of Employee Relations

City Manager’s Office

12

INFORMAL SUBMITTAL: When a department member believes that the circumstance or condition causing the grievance can be resolved by discussing the issue with an immediate supervisor, such member may do so without submitting the grievance in writing. However, the immediate supervisor contacted may, after hearing the grievance, direct the submitting subordinate to document the grievance in writing. In any event, the supervisor receiving an informal grievance will render a decision on the matter within ______ working days.

five (5)

13

Messages _____ and _______ via the City’s e-mail system are the property of the City. There are no rights to privacy when using the City’s e-mail and internet system.

Send and Received

14

The parties agree that they and each of them shall not ________ against any employee or Organization member because of membership or lack of membership in the Organization, or because of any authorized activity on behalf of the Organization. However, nothing herein shall preclude a unit commander from denying or delaying the release from any given unit (or team in B.F.O.) of more than one Organization representative in the case of operational __________.

Discriminate

Necessity

15

The Labor/Management Committee shall meet no less than ________ and shall consider and discuss matters of mutual concern pertaining to the improvement of the Department and the welfare of its employees.

An agenda describing the issue(s) to be discussed shall be prepared by the initiating party and distributed at least ________ days in advance of each meeting, and minutes shall be kept and maintained.

Quarterly

Three

16

The established salary for a Police Recruit shall commence at approximately ________ percent below that of first step Police Officer.

15%

17

Each full-time employee shall be granted bereavement leave with full pay for a period of ________ work hours to attend the customary obligations arising from the death of any of the following relatives of such employee or employee’s spouse or employee’s domestic partner.

40 hours

18

Documented Oral Counselings (DOCs) retained by the Internal Affairs Division may be appealed under this section only to the level of Assistant Chief of Police. However, should a particular DOC be the result of the Assistant Chief's having reduced a higher form of discipline to a DOC with which the affected officer is still dissatisfied, such DOC may be appealed to the level of the Chief of Police. DOCs received for preventable, automobile accidents shall not be appealable unless the officer contends that the accident was not ____________.

Preventable

19

The City does not back-up the e-mail system on a_________ basis or for record keeping purposes.

Long-term

20

An employee challenging a suspension, demotion, dismissal or disciplinary transfer shall have the option of choosing between the dispute-resolution provisions of this Agreement, or appeal to the Civil Service Commission. Any employee who wishes to preserve the right of appeal to the Commission must comply with the time requirements for filing such appeal as specified in the Civil Service Rules. Within ___________ days of the date of a Notice of Discipline, the employee may file an appeal with the Civil Service Commission or pursue the grievance procedure or both. The grievance procedure shall begin at Step IV Arbitration for this process. Immediate arbitration shall not apply.

20 days

21

The law prohibits a peace officer from using as an informant a person who is____years of age or younger. Juvenile informants present unique problems by virtue of their immaturity of judgment, lack of life experience and the parent-child responsibility that necessarily exists. Before a person under the age of ____ years may be actively used as an informant, the following must be accomplished: __________________ Authorization. and signed ____________.

12

18

Command

Parental Permission

22

Whenever personnel in specialized units are given less than _______hours notice of an adjustment in work schedule, the shift may be altered by up to _______
hours without additional payment to the employee. Whenever shifts are altered with less than 48 hours notice, employees shall receive time and one half the employee’s base hourly rate for every hour beyond the two-hour alteration allowed by this Article.

48 hours

2 hours

23

Since informants are not motivated by reason of good citizenship, care must be taken during meetings with informants who are of the opposite sex. A second officer must witness all _________ where informants are of the opposite sex

meetings

24

Officers shall report any incident that reasonably appears to be suspected or actual abuse, neglect, self-neglect, endangerment, financial abuse, or non-accidental injury incidents involving an elder and/or dependent adult or a child or dependent child. Failure to report is a ______________.

A. Infraction
B. Misdemeanor
C. Felony
D. None of the Above

B. Misdemeanor

25

Flashlight – Department issued Pelican ________ LED Rechargeable; 8 ½ inches (maximum length 15 inches – plastic). Metal flashlights, with a maximum length of 7 ¾ inches, a battery encasement of no more than 1 ¼ inches in diameter, and lighting power equal to or greater than that of the Department issued flashlight, are authorized. (in vehicle).

7060

26

Employees subject to the provisions of this Article 22 shall, wherever possible, be given at least _________ calendar days notice in writing prior to the effective date of layoff. The appropriate employee organizations shall receive concurrent notice, and upon written request within __________ calendar days after the notice is given shall be afforded an opportunity to meet with the appropriate City representatives to discuss the circumstances necessitating the layoff and any proposed alternatives to such layoff.

30 days
7 days

27

Police Recruits shall be awarded a step increase approximately _________ percent upon being sworn in as a Police Officer. Their next step increases shall be due on their first, second, third, fourth, fifth and sixth anniversary dates of being appointed to the classification of Police Officer.

5%

28

Officers detaining suspected drunk drivers will adhere to Section L 6601 and then administer the following exercises, unless the suspect is injured or refuses to be examined:
Walk and turn/heel to toe
Leg raise exercise
Modified position of attention
Finger to nose exercise
Finger dexterity exercise
Alphabet exercise
All of the above can be administered at the scene. Which of the above can only be administered at the processing area?

Walk and turn/heel to toe

Leg raise exercise

29

Per City Policy :
Gender Identity

Dress and name change during transition will be to use personal references of the employee’s choosing (he/she, him/her, etc.) and to use the employee’s______name.

Appropriate identification documents (City Identification Badge) will be allowed to conform to the employee’s new name. Because personnel and payroll documents are determined by an employee’s legal name as it appears on his/her_____________, such records will be changed upon submittal of a Social Security Card in the employee’s new legal name.

-New


-Social Security Card

30

The arbitration shall take place no earlier than the __________ day following the request by the grieving party for such "Immediate Arbitration," unless otherwise mutually agreed. During the two week period (14 calendar days) immediately following the request for Immediate Arbitration, the responding p

Fifteenth

31

If the court appearance is required at a time prior to the beginning of the employee's scheduled work shift, the employee shall receive the appropriate rate for the time spent, or ______ hours at the appropriate rate, whichever is greater.

2 hours

32

Motor units: Such additional compensation shall not be paid to any person for any biweekly pay period during which the employee is assigned to said duty for less than ___________ of the working days of the employee in such biweekly pay period.

1/2

33

Employees shall not use City internet to stream broadcasting or ________..

Music

34

Certificate additional compensation equal to the difference between his/her salary and the salary that is specified in the City's biweekly Salary Schedule at his/her salary range that is approximately seven and one half (7 1/2 %) percent higher than his/her salary range for each biweekly pay period for which he/she is entitled to receive a salary under the provisions of this Agreement from and after the first day of the __________ pay period.

Biweekly

35

Regarding a Bomb Threat at Police Facility:
The Office of the ________ has final authority to evacuate a police facility. When the _________ or a representative is not available, the senior officer contacted in the Bureau of Field Operations assumes such authority.

Chief of Police

Chief of Police

36

______ e-mails or other electronic records shall be stored on desktop or laptop computer hard drives.

NO

37

If a full-time employee at the time of his/her service retirement or upon the employee’s death has ___________ hours or greater of earned unused sick leave, he/she, or his/her estate, shall be paid a sum of money equal to 100% percent of his/her hourly rate at the time of his/her death or service retirement, whichever is earlier, multiplied by the total number of his/her accumulated and unused hours of sick leave as of the date of his/her death or retirement.

1200 hours

38

All leave must be used within fourteen (14) calendar days following the death of the eligible person. Under extreme circumstances, the fourteen (14)-day requirement may be waived by the Director of Employee Relations. The decision of the Director of Employee Relations regarding the waiver shall be final, with no process for further appeal:

a) Parent/Step Parents
b) Spouse
c) Child/___________
d) Brother/Sister/Step-Brother/Step-Sister/Half-Brother/Half-Sister
e) Grandparents/Step-Grandparents
f) Great _________/ Step- ________Grandparents
g) Grandchildren
h) Domestic Partner
i) Sister in-law/Brother in-law/Daughter in-law/Son in-law

Step child,
Great grandparents
Step great grandparents

39

Before seeking the owner's consent, the officer is responsible for determining that the participant, by his or her presence, demeanor, or conduct, will not interfere with the performance of the officer's official duties and that the factual circumstances at the property are otherwise appropriate for the presence of a Ride-along participant. The officer should first consider the following factors:
One of the factors is below. Fill in the blank.
• Potential psychological hardship to the participant if the _______ real or personal property is the scene of a disturbing or gruesome crime.

private

40

City Policy regarding Transgender:
In ____________ areas, an inside lock or latch may be installed to ensure privacy when only multiple-occupant male only or female only restroom facilities are available.

Employee only

41

Ride - Along Memo:
All persons riding with an officer will be under the supervision of the officer.
Ride-along participants will not___________ become involved in any investigation or enforcement action, including any search or seizure of a person's real or personal property, and will follow the orders and directions given by the officer. Cameras and tape recorders _______ be allowed.

normally


will not

42

25.8.4 Documented Oral Counselings (DOCs) retained by the Internal Affairs Division may be appealed under this section only to the level of Assistant Chief of Police. However, should a particular DOC be the result of the Assistant Chief's having reduced a higher form of discipline to a DOC with which the affected officer is still dissatisfied, such DOC may be appealed to the level of the ___________. DOCs received for preventable, automobile accidents shall not be appealable unless the officer contends that the accident was ______________.


Chief of Police



not preventable

43

Employees specifically assigned to duties of a higher classification shall be compensated at the rate in the salary range of the higher class which is at least one salary rate (step) higher in the salary range schedule than the rate received by the employee in the employee's present class, provided, however, that the employee shall not receive any compensation unless the assignment is for _______ consecutive work days, or _______ consecutive work days for employees assigned to a ten-hour day/four-day per week work schedule, or longer. In the event the assignment is for such period of time specified above, the employee shall be compensated at the appropriate rate for any regular hours worked in the higher classification commencing with the first work day of the assignment.

10,
8

44

If the employee formally receives an overall performance rating of “meets standards” or above, but receives below “meets standards” in an individual key rating, the employee may request a review of that individual key element by the _______ ______ _______or designee. The employee must submit a written request to the ______ _______ _______, or designee, specifying the reasons for the request within 30 calendar days from the date the employee received the final performance appraisal. The ______ _____ ______, or designee, shall investigate the request, arrange a meeting with the employee, and provide a written response to the employee within thirty (30) calendar days of receipt. The written response of the _______ _______ _______, or designee, shall be final.

Chief of police

45

In regards to the City's Work Place Violence Policy:
. Document all pertinent information, i.e. time, date, who, when, what transpired, etc. Submit written report to Department Director within ________ of reported incident with a file copy to the Office of Employee Relations. All information is considered confidential personnel information.

24 hours

46

Regarding a Bomb Threat at Police Facility evacuation:
The minimum "safe distance" for evacuation of department members is _____ feet.

300

47

Less than 400 hours: Hours accumulated x 50% of final hourly rate or,

400 – 799 hours: Hours accumulated x _____ of final hourly rate or,

800 – 1200 hours: Hours accumulated x ______ of final hourly rate.

60%

75%

48

Ride-along participants will not be allowed to enter a residence person's real or personal -private property, including a person's residence or vehicle, under the following circumstances:

• When entry is made pursuant____________________.
• When entry is made pursuant _____________________.
• When there is no person available who can legally give consent.

to exigent circumstances.


to a search warrant or an arrest warrant

49

Each employee who is granted a leave pursuant to the provisions of this Article may, upon return from leave, elect one of the following options:
26.5.1 Accept a vacant position in the classification held at the time the leave commenced, or
26.5.2 Accept a vacant position in a lower classification for which he/she is qualified. In such event, the employee shall have upgrade rights to the classification from which he/she elects reduction, or
26.5.3 Replace the least senior employee in the classification held at the time the leave commenced, or
26.5.4 Continue the leave of absence without pay for a period not to exceed _______ months.

Six

50

FIELD TESTS: No field tests need be conducted when the degree of intoxication is such that the person is not able to stand without assistance or the degree of staggering or weaving indicates that the individual is drunk beyond a reasonable doubt.
When the circumstances indicate that coordination tests should be conducted, administer the _________ and ________________test.

line walking

standing balance

51

Employees may apply to purchase additional Life Insurance coverage in increments at the rate available to the City in amounts equal to 1x, 2x, 3x or _______ annual salary, not to exceed $________.

4x
$750,000

52

The present four/ten workweek shall continue during the term of this Agreement unless mutually changed by the parties.

However, the Department, in its discretion, may change the following units to a five/eight workweek:

A. BFO Administrative Unit
B. _________
C. School Safety
D. ___________
E. Crime Prevention
F. _________
G. Traffic Investigation
H. Explosive Control E. P.A.L.
I. Captains

Reserves
Training
Videos

53

Regarding the Formal Grievance process:
Which formal grievance procedure to use is determined by whether or not the involved department member is a member of a bargaining unit and whether or not the Memorandum of Understanding (M.O.U.) or other document defining the relationship between City management and the bargaining unit contains a grievance procedure. When the M.O.U. contains a grievance procedure applicable to the employee submitting a grievance, the submitting member will adhere to the procedure contained within such M.O.U.

When a grievance procedure is ____ addressed in an M.O.U., the submitting member will adhere to the procedure contained in the City Policy Manual.

not

54

Smoke cannabis or cannabis products within __________ feet of a school, day care center, or youth center while children are present at such a school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of, or Chapter 3.5

1000

55

As to medical marijuana, any "medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider who possesses, cultivates, or distributes medicinal cannabis" is prohibited from being located within _______ feet of a school.

600

56

Smoke cannabis or cannabis products in a location where smoking __________ is prohibited.

Tobacco