Policy Review #1 Flashcards

(707 cards)

1
Q

If an officer on your shift wants to resolve adverse written findings of a citizens’ complaint investigation or any adverse comments on performance documents (i.e. 100 forms, MODs, Censurable Incident Reports), which of the following are the mechanism for resolution:

A

Informal Dispute Resolution

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2
Q

Informal Dispute Resolution, Level III, involves a formal “meet and confer” between the CAHP and ___________.

A

Commissioner of the CHP.

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3
Q

Each level of review for Informal Dispute Resolution must occur within __________ of the issuance of written comments considered adverse to the employee’s performance.

A

21 calendar days

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4
Q

With regard to a Unit 5, employee filing a formal Complaint against the Department. If the complainant is not satisfied with the decision rendered in ___________, the complainant may appeal the decision within _________ to the Office of the Commissioner. This is the final and last step of the procedure.

A

Level III, 14 calendar days

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5
Q

The grievance procedure has ________ formal levels. If the grievant is not satisfied with the decision rendered at the previous level, the grievant may appeal the decision within _______________ to the _______________ or his/her designee.

A

Four: 14 calendar days; Director of the California Department of Human Resources (CalHR).

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6
Q

What is the process to resolve a dispute of one or more employees, or a dispute between the State and CAHP involving the interpretation, application, or enforcement of the express terms of the Memorandum of Understanding (MOU):

A

Grievance

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7
Q

You are the graveyard sergeant in your Area. While reviewing CHP 415s, you observe that an officer on your shift has submitted a CHP 415 requesting OIC pay. Which of the following are required for the officer to qualify for OIC pay:

A

The Officer must supervise two or more officers for 6 hours or more during a shift.

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8
Q

A _____________ is the process to resolve a dispute of one or more employees or a dispute between the CAHP and the Department involving the application or interpretation of an existing written rule or policy. This procedure does not cover merit related issues.

A

Complaint

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9
Q

Employees shall qualify for a swing shift pay differential when four or more hours of the regularly scheduled work shift falls between _______ and ________.

A

1800 hours; 0100 hours

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10
Q

Which of the following is NOT an unfair labor practice:
a. Giving the employee representative all the bad jobs or inundating them with unwanted overtime.
b. Assisting employees in researching background to file grievances.
c. Failing to bargain in good faith.
d. Speaking with an employee about their union activity.

A

Speaking with an employee about their union activity.

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11
Q

Public Safety Officers’ Procedural Bill of Rights (POBR) applies to all employees of the California Highway Patrol, EXCEPT:

A

Cadets

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12
Q

The Ralph C. Dills Act was enacted in California to provide which of the following rights:
a. Represented employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.
b. Excluded employees have the right to be represented by an attorney of their choice regarding wages, hours, and other terms and conditions of employment.
c. Managerial employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.
d. Supervisory employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.

A

Represented employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.

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13
Q

Which of the following employee job classifications is considered a “nonsensitive position”:
a. Office Assistant
b. Officer
c. Auto Technician
d. Commercial Vehicle Inspection Specialist (CVIS)

A

Office Assistant

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14
Q

You are on-duty Sergeant in your Area Office conducting a substance abuse investigation on Officer Jones. You smell the odor of an alcoholic beverage emitting from his person. You observe the Officer and obtain additional observations of alcohol use/impairment. You inform a confirming official of your reasonable suspicion. The confirming official authorizes you to obtain a chemical sample from the employee. Because you suspect solely the abuse of an alcoholic beverage, which of the following chemical tests SHALL you use to obtain a chemical sample:

A

Breath Test Only

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15
Q

Peace Officer Bill of Rights, which is located in California Government Code, is NOT extended to which of the following job classifications in the CHP:
a. Officer
b. Sergeant
c. Office Assistant
d. Cadet

A

Cadet

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16
Q

An employee and the employee’s representative may be granted up to _____ hours of release time to prepare for a pre-disciplinary hearing (Skelly hearing):

A

4 hours

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17
Q

For Bargaining Unit 5, an employee grievance/complaint shall be discussed with the employee’s immediate supervisor. This “Informal Level” discussion must occur within _______ of the event or circumstances occasioning the grievance.

A

21 calendar days

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18
Q

The Ralph C. Dills Act REQUIRES which of the following:
a. Management to pay union dues, even if unrepresented
b. Management and Union Representatives to meet and confer in good faith
c. Union representatives to receive overtime pay for representing employees outside of normal working hours.
d. A friendly working relationship between management and employees.

A

Management and Union Representatives to meet and confer in good faith

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19
Q

The Peace Officer Bill of Rights (POBR) entitles public safety employees to all of the following rights EXCEPT:
a. Interrogation must be conducted at a reasonable hour, during normal waking hours.
b. Right to refuse to take a lie detector test.
c. Right to refuse to provide personal financial disclosure.
d. Right to respond to a written adverse comment in his/her personnel file within 15 days.

A

Right to respond to a written adverse comment in his/her personnel file within 15 days.

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20
Q

The Peace Officer Bill of Rights (POBR) entitles public safety employees to protection from the following behavior by management, EXCEPT:
a. Not allowing an Officer to run for elected office as member of a school board.
b. Requiring the consent of an officer to post his/her photograph on the Internet for any purpose if that officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his/her family.
c. No adverse comments placed in the employee’s personnel file without employee having opportunity to read and sign or refuse to sign the document containing the adverse comment.
d. Employee reassigned to duties that are within the normal scope of his/her employment.

A

Employee reassigned to duties that are within the normal scope of his/her employment.

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21
Q

Discipline with a suspension of more than 20 days is considered to be what level of review:

A

Commissioner or Deputy Commissioner

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22
Q

Final level of approval for adverse actions resulting in suspension of six (6) to 20 working days, or the equivalent monthly step reduction, or removal from a specialty pay position (Bargaining Unit 5 personnel), is vested in which of the following positions:
a. Commissioner or Deputy Commissioner
b. Assistant Commissioner
c. Division Commander
d. Area Commander

A

Assistant Commissioner

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23
Q

A confirming official is always ___________ and may determine reasonable suspicion to conduct an administrative chemical test upon a sensitive employee based upon ____________.

A

The first designated manager in the supervisor’s chain of command; reasonable suspicion.

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24
Q

Sufficient cause for a confirming official to order a chemical test be obtained from a sensitive employee could be based on all of the following EXCEPT:
a. An industrial accident, red/watery eyes, unsteady gait.
b. Unusual demeanor or appearance and atypical behavior.
c. The odor of alcohol or marijuana on the employee’s breath or clothing.
d. Slow or slurred speech, poor balance, and abnormal work performance.

A

The odor of alcohol or marijuana on the employee’s breath or clothing.

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25
A memorandum of direction (MOD) is considered what level of progressive discipline:
Corrective Action
26
A formal written reprimand is considered what level of progressive discipline:
Adverse Action
27
Preventative action in the progressive discipline methodology is all of the following, EXCEPT: a. Adequate ongoing training for all classifications b. Informal counseling regarding substandard performance c. Referrals to Employee Assistance Program (EAP) d. Provide fair, engaged, and impartial supervision
Informal counseling regarding substandard performance
28
You are the graveyard Sergeant for the Bakersfield Area. Officer Jones has been on your shift for one year. Officer Jones’ enforcement activity seems to be within the normal range for the shift but Officer Jones’ has always been one of the enforcement contact leaders on your shift. You decide to conduct a private- closed door discussion with Officer Jones about the unexpected drop in enforcement contacts. During your conversation with Officer Jones, he discloses that he is experiencing marital problems. You refer the Employee Assistance Program to Officer Jones. Your private discussion with Officer Jones is considered:
Preventative Action
29
The next month, Officer Jones’ has poor uniform appearance, has a major drop in enforcement activity which makes him the lowest in enforcement activity for the shift, and has several verbal confrontations with his fellow officers. You have another closed-door session with Officer Jones and issue him a Memorandum of Counseling with a Bazemore Admonition. Your supervisory actions are considered to be:
Corrective Action
30
List the six penalties for an adverse action.
Suspension, Dismissal, Salary Reduction within Salary range of class, Formal Written Reprimand, Involuntary Transfer, Demotion.
31
First Responder Awareness: Nonuniformed personnel who are likely to encounter hazardous materials during the course of their regular duties (e.g., Motor Carrier Specialists and Commercial Vehicle Inspection Specialists) Should or Shall be trained to the level of First Responder Awareness?
Shall
32
An employee may use leave credits to satisfy a suspension of 5 days or less. For any suspension of 6 days or more, the employee may use leave credits to satisfy up to what portion of the suspension period.
Half
33
All employees can use leave credits to satisfy an adverse action penalty of suspension or step reduction except who?
Cadets
34
True/False In exchange for approval of this request (using leave credits to satisfy a suspension), the employee shall agree to waive all rights to appeal the adverse action?
True
35
May officers obtain warrantless blood samples from unconscious DUI suspects where the suspect’s condition and other factors exist that would significantly delay the process of securing a search warrant?
Yes
36
Officers holding their bicycles perpendicular to the crowd and using the bicycle as an extension of their body to push the crowd out of an area constitutes / does not constitute a use of force
Does not
37
Name the 4 Goals of the Strategic Plan?
Protect Life and Property Enhance Public Trust Through Superior Service Invest in our People Anticipate Public Safety and Law Enforcement trends and Provide Assistance to Allied Agencies
38
What ranks are required to carry the approved departmental impact weapon?
Sergeants and Officers
39
After receiving the initial RCB training by a Division OST instructor, what impact weapon(s) are authorized to be carried on duty?
Only the RCB, unless assigned to SRT.
40
The CHP 415 is accessed through ATS. The CHP 415 must be completed within what time frame?
Within 24 hours of the end of each work shift, except for full day absences.
41
On the first workday of the FLSA period, what dates shall be projected on the ATS calendar?
Regular Days Off (RDOs) and Project Leave
42
Supervisors should review and approve a CHP 415 within what timeframe?
Within 24 hours of the end of the employee's shift
43
There are 4 types of CHP 415 in ATS. What are they?
Regular, Overtime, Leave, RDO
44
True/False. When an enforcement contact results in the issuance of a CHP 215, Notice to Appear, a line entry SHALL NOT be made for any subsequent verbal warning issued or service performed on the same stop/individual.
True
45
Policy requires an original document be served to an employee for which adverse actions?
Notice of Adverse Action
46
Portable Document Format (PDF) is now considered an original document if served in what manner?
PDF sent via email to involved command
47
The DMV has stopped issuing the 10 year driving record (H6). What document must a School Bus Officer or Coordinator require instead?
A Driver Record printout obtained from the DMV
48
The School Bus Officer will allow how much time for all written rules and regulations tests, including the First Aid test?
50 minutes each
49
After three failed First Aid tests, the applicant is disqualified. How long must they wait to reapply?
45 days
50
The California Special Driver Certificate applicant gets how long for their pre-trip inspection?
35 minutes
51
What is the maximum amount that is allowable for an “X” number?
Under $10,000 ($9,999)
52
As defined by the Penal Code, what is a “Fixed place of detention”?
Jail, Law enforcement station, office
53
Are custodial interrogations of a minor suspected of murder required to be video recorded in entirety?
Yes
54
During collision investigations that may result in a charge of 187 PC, the custodial interrogation of a suspect should/shall be conducted in a fixed place and should/shall be electronically recorded?
Shall/Shall
55
What is the Departments Occ Safety Program goal for preventable deaths, preventable Departmental aircraft crashes, preventable disabling injuries and accidental discharges?
0
56
What are the 5 categories of Occ Safety Goals for each office?
1. Preventable Injuries 2. Preventable marked P/V TCs 3. Preventable unmarked P/V TCs. 4. Preventable special purpose (MCS, MRE, 4x4) TCs 5. Preventable MC TCs
57
How shall monthly commercial activity of officers and CVIS’ be tracked?
The Interis inSPECT report for the previous month
58
By which date is an Interis inSPECT document required to be submitted to an employee’s immediate supervisor?
5th of the following month
59
GO’s shall not exceed how many numbered pages including annexes and appendices.
25
60
Highway Patrol Manuals establish ___________, assign _______________, and contain procedures that direct personnel on how they are to perform their duties.
Policy, Responsibility
61
Management Memorandums are good for up to what period of time from their effective dates and provide temporary directives, policy and regulatory material.
9 months
62
Comm-net messages shall be placed in the appropriate publication within how many days of the date of message.
30 days
63
Staff, board, Committee, Conference Minutes must be placed in a permanent publication (manual) after how many months to remain in effect.
6 months
64
Publications SHALL be reviewed by the OPI every how many months?
6 months
65
Comm-net messages that contain policies or procedures, expire how many calendar days from the date of the message.
90 calendar days
66
Policy and procedures of the Comm-Net message shall be incorporated into an HPM, GO, or MM and submitted to the appropriate Assistant Commissioner’s office within how many calendar days of the of the original Comm-Net message for approval.
45 calendar days
67
When the public demands a printed publication the request shall be referred to which office?
Publications Unit
68
A complete revision shall occur when how much of the publication or manual chapters contain changes?
50% or more
69
Management Memorandums may be extended one time, on a case-by-case basis, for an additional how long? The extension request shall be submitted and approved prior to what?
6 months / the original expiration date
70
An CHP 47 Information Bulletin (IB) is the required medium for transmitting communications that are strictly WHAT in nature?
Informational
71
What is the maximum allowable time to act on correspondence?
15 business days
72
Which format shall be used for correspondence between state agencies?
CHP 51WP (Memorandum)
73
Which format shall be used for outside of state agencies?
CHP Letterhead
74
Who is the approving agency for all correspondence to members of Congress or the President’s Cabinet, requests for Congressional Action, or any other federal official?
California State Transportation Agency
75
Which office shall be coordinated with for correspondence replying to inquiries from members of the legislature?
Office of Special Representatives
76
What is the reference source used to determine rules for punctuation, capitalization, spelling and grammar?
The Gregg Reference Manual
77
What are the four elements that shall be used on all headquarters correspondence?
Signer's Location Code Signer's ID Composer's ID OPI Location Code
78
Single paragraph correspondence shall be _________ spaced. Multiple paragraph correspondence shall be _________ spaced
Double / Single
79
“Attachment(s)” or “Enclosures(s)” shall be shown two lines (one blank line space, type on the second line) below the signature block flush with the left margin. Attachments are used for __________ and enclosures are used for ___________.
Memorandums / Letters
80
A category 1 correspondence is conducted on what type of document?
CHP51WP (Memorandum)
81
The California Highway Patrol (CHP) letterhead (CAT II) is used when preparing correspondence in letter format to whom?
Non State Agencies
82
What mail carrier shall be used for mailing a letter from one office to another unless tracking or insurance is required?
USPS
83
When shipping overnight packages from the field office which carrier is preferred?
UPS
84
Who is responsible for developing, coordinating and administering employee relations policies and procedures for the Office of Commissioner?
Office of Employee Relations
85
Under the Dills Act, represented employees have the right to be represented by their exclusive representative regarding what 3 things?
Wages, hours, and other terms and conditions of employment
86
Do supervisory employees have the right to be represented regarding all matters related to employment conditions and supervisory employer-employee relations?
Yes
87
The Supreme Court decision that established the right of a bargaining unit employee to be assisted by a union representative at an investigatory interview to which the employee has been summoned by management, when the employee reasonably believes disciplinary action may result from the interview is known as what rule?
Weingarten Rule
88
All managerial, confidential and supervisory employees and all civil service employees are known as what type of employees?
Excluded
89
An employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act, another name is rank-and-file employee, is known as what type of employee?
Represented
90
If there is a conflict between departmental policy and provisions of a negotiated contract, which is controlling (which one trumps the other)?
The Contract
91
Are Supervisory employees entitled to bargaining units, exclusive representation, contracts, or have the right to file an unfair labor practice charge?
No
92
When an employee representative is acting in that capacity, they are on _______ _______ with management?
Equal Ground
93
What is the role of the supervisor?
Directs the work force towards accomplishing the department's goals and serves as management's contact with departmental employees.
94
Who must a representative receive approval from to access a work location?
Area commander or designee
95
Who must a representative obtain permission from to engage in representational matters to engage, during working hours, in a business relating to representational matters?
Immediate Supervisor
96
In what circumstances may access of a CAHP representative be denied/delayed to a work location?
Safety, Security, work load requirements, other legitimate circumstances.
97
What should happen if a CAHP representative is denied access to a work location?
Reasonable alternatives should be provided
98
Who may post on an employee organization bulletin board and what may be posted on the bulletin board?
A recognized employee organization (squad club) -notice/results of meeting -elections and their results -recreational/social events -official business
99
What shall be on any materials posted to the bulletin board? Who shall the materials be provided to?
The date and initials of the organization representative. A copy shall be provided to the commander.
100
What should happen if management wants to remove material from an employee organization bulletin board?
A reasonable effort should be made to contact the organization to explain the reason. Management retains final authority for removal.
101
When may employees participate in Union activity?
During non-working hours
102
May Union Representatives use office phones? State Vehicles? Department’s Internal Mail System?
Yes/no/no
103
What is State Release Time and who can approve it?
State time used for representational purposes permitted by contract or policy. Immediate supervisor.
104
May travel time be authorized during the use of State Release Time? Are travel expensesauthorized? May overtime authorized?
Yes, if it can be accomplished within the amount of authorized State Release Time / No / No
105
An employee may use State Release Time during assigned work hours. A reasonable amount for grievance/complaint representation. What amount of time is considered reasonable?
4 hours
106
Is an Excluded Employee authorized to use State Release Time to represent another Excluded Employee, if so, when may this State Release Time be used?
Yes / During the excluded employees normal work hours
107
Requests for the use of state release time for meet and-confer purposes shall be submitted to the appropriate commander. Such requests should be submitted HOW and should include WHAT 3 Items?
In writing -the subjects to be discussed -the number of persons planning to attend -the names of departmental employees for whom state release time is requested
108
When submitting for the use of State Release Time, in what hour increments may State Release Time be used?
0.5 hour increments
109
What is the first level in the grievance/complaint process?
Informal
110
Are employees entitled to the Confidentiality during the grievance/complaint process?
Yes
111
If a formal written grievance / complaint is submitted prior to an informal discussion the command should do what?
Return the grievance / complaint to the employee
112
A formal grievance / complaint contains what three elements?
Alleged Violation Statement of the Problem Proposed Remedy
113
Processing a Grievance / Complaint – Step 1: A copy of the formal grievance/complaint, the first level response, and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the respective Division and the Office of Employee Relations (OER) within _____ after issuance of the response.
5 days.
114
Documentation: Grievance records shall be retained at the affected command for a period of _____ following the date of the final action.
3 years
115
Documentation: Complaint records shall be retained at the affected command for a period of _____ following the date of the final action.
1 year
116
A grievance/complaint by a represented employee must be filed with the immediate supervisor within how many days of the causing event? How many days does the supervisor have to respond after the informal discussion?
21 calendar days / 7 calendar days
117
If a represented employee does not agree with the immediate supervisor’s decision they may appeal within how many days to the Area Commander? The Area Commander has how many days to respond to the appeal?
7 calendar days / 14 calendar days
118
Which employees are expressly excluded from collective bargaining by the Dills Act?
managers, supervisors and confidential employees
119
Prior to removing an employee for cause from a specialty pay position, requires approval from who?
Approval from appropriate assistant commissioner
120
Name the 4 specialty pay positions?
Motor Officer Pilot Officer Bilingual Officer ISU Officer
121
What are the two reasons (processes) an employee can be removed from a specialty pay position?
For Cause / Adverse Action
122
If an employee will be removed from a specialty pay position for cause what type of file must be completed to establish cause and provide the appropriate documentation?
Specialty Pay Removal File
123
The effectiveness of the substance testing program is dependent on the Department's ability to justify its actions and demonstrate a proper application of the policy. The following elements are critical if the program is to be successful: (Name the six C’s)
Consistency, Confirmation, Collection of Sample, Chain of Custody, Control of Quality, Contracts
124
The state's substance testing policy requires the involvement of specified managers at least one rank above the supervisor establishing reasonable suspicion in all substance tests to confirm reasonable suspicion exists before any sample can be collected. These managers are to make certain the policy is properly applied and the test appropriately administered. They are known as what?
Confirming official
125
Supervisors who suspect substance abuse by non-sensitive employees are encouraged to support their observations using the same criteria used to establish reasonable suspicion for sensitive positions. Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon what?
Specific Articulable Facts
126
Name the 14 sensitive positions?
Peace Officers, Cadets, Auto Mechanics, Auto Technicians, CVIS, PSD/PSO, PSD Supervisor, Gunsmith, Heavy Truck Driver, Lead Auto Mechanic, Lead Motorcycle Mechanic, Motor Carrier Specialist, Motorcycle Mechanic, School Pupil Transportation Safety Coordinator
127
Supervisors investigating suspected substance abuse must remain aware of possible criminal violations. If the supervisor believes criminal violations(s) exist which should be conducted first a criminal investigation or the administrative investigation?
Administrative Investigation
128
If the Substance Abuse Investigation Interview is conducted, the supervisor should keep in mind the employee’s rights under the POBR. During pre-field sobriety questions, the questions are limited to what?
Only those pertaining to the employee's possible need for medical attention should be asked.
129
What is the only authorized chemical test an employee suspected of being under the influence of alcohol may be administered? Suspected of being under the influence of drugs?
Breath Test/ Urine Test
130
When evaluating an employee who is believed to be under the influence, from the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain under what?
Continual Supervision
131
During a sample collection from an employee suspected of being under the influence, ensure at least what amount of urine is collected (to be split into two containers after collected)?
60 ml or 2 oz
132
After employee substance testing, all positive results will be communicated to who for further evaluation. In this instance, that person will attempt to contact the affected employee directly for information (such as legal prescriptions) to determine if there is a legitimate medical explanation for the positive test?
Medical Review Officer
133
Under the substance abuse when an employee is tested for alcohol use, what amount is considered a positive test? Under the inconsistent and incompletable policy what is considered amount is considered a violation of the policy?
0.04% BAC, Any Detectable Amount
134
An employee in violation of the substance abuse policy whose violation is for alcohol only will be ordered to go home. If alcohol is the only violation, when may the employee return to work?
The next work shift as long as the alcohol is fully dissipated.
135
What device MAY NOT be used to develop reasonable suspicion of an employee under the influence?
PAS
136
CalHR requires that a “reliable informant” in developing reasonable suspicion be a __________ who is willing to testify on behalf of management.
Uniformed Peace Officer
137
Employees suspected of being under the combined influence of alcohol and a drug(s) be required to submit which chemical test?
Breath and Urine
138
Substance testing experts believe the best time to collect a urine sample is within how many hours of the initial observation?
2 to 4 hours.
139
When a supervisor has been authorized by the confirming official to conduct the substance test what 7 steps must be followed in regards to the collection of the sample?
Obtain sample kit from Sgt. Office Complete the checklist and chain of custody form Collect the sample Ensure 60 ml or 2 oz Secure in a locked evidence locker Make Arrangements with the designated courier service for sample delivery Notify the Office of Internal Affairs Substance Testing Coordinator
140
Are employees permitted to drink water for the purpose of aiding them in providing a sample?
Yes as long as it is supervised
141
The supervisor collecting the sample must be what and do what as the sample is being collected?
Be the same sex and watch the sample leave the body
142
If an employee refused to cooperate anytime during the substance testing process the supervisor shall advise them of what?
The employee shall be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for insubordination.
143
When a sample is collected the Office of Internal Affairs Substance testing coordinator shall be notified within what period of time of the sample being collected?
48 hours
144
Is the employee entitled to representation during any conversation with the Medical Review Officer about the sample?
Yes
145
If, after how many days, the Medical Review Officer is unable to reach the employee directly (and no exculpatory information was provided by the employee via memorandum), the test be considered a “Positive by non-contact.”
7 days
146
If an employee is suspected of being under the influence of both drugs and alcohol, which chemical test will they be required to submit to?
Breath and Urine
147
Once the confirming official approves the supervisor’s reasonable suspicion, the supervisor should do what next 6 things?
(1) Inform the employee that a decision has been reached to administer a substance test. (2) Assure the employee that the sample will be collected in a proper setting. (3) Advise the employee of the possible consequences of a positive test, which could include termination from state service. (4) If the employee refuses to cooperate, inform the employee that this refusal will result in a request for adverse action and could lead to termination from state service. (5) Make arrangements for testing and, if necessary, transportation. (6) If a uniformed employee is involved, take and secure the employee’s duty belt and weapon until such time as the employee is released to duty.
148
When a sensitive position employee is suspected of being under the influence of drugs after completion of the chemical test, when may the employee return to work?
Not until the results are known
149
After completing the substance testing of an employee suspected of being under the influence, the employee shall be provided what explaining both the supervisor’s role and the employee’s rights relative to substance testing. Along with the memorandum provided to the involved employee, a list of items explaining substance testing, results, and employee assistance shall also be provided?
A memorandum.
150
Positive test results and the documented reasonable suspicion will become part of the request for an Adverse Action File and maintained for what period of time?
5 years
151
The CHP 202X Reasonable Suspicion Report, unless not reasonable possible, should be provided to the involved sensitive position employee within what period of time?
48 hours
152
Commercial Vehicle drivers for the Department who are in a qualifying collision should be drug tested within what period of time?
32 hours
153
How much time should an inquiry for an applicants previous time of employment include for a ‘Non-Sensitive’ position? How much time should an inquiry for an applicants previous time of employment include for a ‘Sensitive’ position?
1 year / 3 years
154
When a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command shall be made when? If the alleged misconduct is egregious, the supervisor or manager shall make notification when to the succeeding level in the chain of command?
As soon as practical / Immediately
155
POBR stands for what?
Public Safety Officers Procedural Bill Of Rights
156
Name the 6 Adverse Action Penalties:
Formal Written Reprimand Suspension Salary Reduction Within Pay Scale Demotion Involuntary Transfer Dismissal
157
How many days can an employee be Absence Without Leave (AWOL) before its considered an automatic resignation?
5 consecutive work days effective the last day the employee worked
158
Employees shall be notified that misconduct for which they are being counseled may be charged in a future adverse action if the written document contains what admonition? And shall be contained in which document?
Bazemore / Memorandum of Direction
159
The process by which an employee who was considered AWOL has the opportunity to present information to an impartial and uninvolved departmental member with the authority to recommend a final disposition is called?
Coleman Hearing
160
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 is known as what?
Lybarger Admonishment
161
What are the two expectations of supervisors and managers in regards to progressive discipline?
Ensure employees are informed of expectations Recognize those individuals who are meeting or exceeding standards
162
Name the eight options on the progressive discipline wheel?
Verbal Counseling CHP 100/112 Memorandum of Counseling Memorandum of Direction Censurable CHP 2 Denial of Salary or Rate Change Interim Reporting Rejection During Probation Adverse Action
163
In an adverse action what rank shall the investigator be?
At lease one rank higher than the involved employee
164
There are two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation, what are they?
Concurrent and Consecutive
165
Can criminal investigators participate in administrative interrogations?
No
166
Once this type of interrogation has been conducted, the administrative and criminal investigators shall not have any further contact regarding the investigation until all criminal aspects have been resolved. What type of interrogation is this referred to?
Administrative
167
When an allied agency is conducting the criminal investigation, its report may be used by the Department as a starting point for the administrative investigation. For uniformed employees, a copy of the criminal investigation and/or arrest record shall be included with the administrative investigation. For non-uniformed employees, can arrest reports which have not resulted in a conviction be included in the investigative file?
No
168
In what 3 situations shall a non-uniformed employee be administratively investigated?
Criminal conduct resulting in a felony conviction Criminal conduct resulting in a misdemeanor for moral turpitude Criminal misconduct where the employee has established a nexus to the department.
169
Within how many days does the area and division commander have to forward the investigation to OIA?
60 calendar days
170
The decision to consent to an interview with an outside investigation regarding a civil rights investigation shall be at the sole discretion of who?
The employee being investigated
171
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 how long of the Department’s discovery of the allegation by a person authorized to initiate an internal investigation?
1 year
172
A probationary employee must be served with a notice of rejection during probation prior to when, allowing time for the pre-disciplinary hearing.
The last day of the probationary period
173
The employee under investigation shall not be subjected to visits by the press or news media without the employee’s express consent, nor shall the employee’s what 2 things NOT be given to the press or news media without the employee’s consent?
Home address or photograph
174
Should a Citizens’ complaint investigations normally be COMPLETED before or Investigated CONCURRENTLY with an administrative investigation which results in an adverse action or rejection during probation?
Completed before
175
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 calendar days?
15 Calendar days
176
A Department-initiated leave of absence may be terminated at any time by providing the employee a notice within what period of time?
48 hours
177
During the course of an investigation, allegations of discrimination, harassment, and/or racial profiling may be made or discovered. Appropriate notifications shall be made to Division and the Office of Equal Employment Opportunity (OEEO). Should the allegations be made part of the current investigation or should a separate investigation be conducted?
Separate Investigation completed consecutively or concurrently
178
The first actions of the investigator can have a profound effect on the outcome and quality of the investigation. Careful planning and good case management skills are essential to any successful investigation. The investigator shall meet with the commander (or designee) and establish a what?
Investigative plan
179
Once the investigative plan has been established the supervisor shall begin a detailed account of all actions taken and evidence obtained from the time Area became aware of the misconduct until the investigation was completed is known as a what?
Chronological summary
180
In order to ensure an investigation is conducted in accordance with policy and law, investigators should review what?
POBR
181
Managers, supervisors, or other authorized personnel may only review non-threshold event video recordings under what 3 circumstances:
Employee responsible for the MVARS event voluntarily agrees to viewing Prior PRA or discovery request For the purpose of proving or disproving specific allegations of misconduct
182
Evidence pertaining to an administrative investigation shall be stored for a minimum of what period of time?
5 years
183
Under what 4 circumstances may an employee’s locker be searched?
In the involved employee's presence With the involved employee's consent After a valid search warrant has been obtained The employee should be provided a reasonable opportunity to respond to the Department's search location and observe the search
184
All statements from departmental employees who are interviewed as witnesses during internal investigations shall be RECORDED or SUMMARIZED on a Confidential Memorandum?
Both
185
Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue what?
Miranda Warning
186
During a criminal interrogation are employees required to answer questions? During a administrative interrogation are employees required to answer questions?
No / Yes
187
Prior to the administrative interrogation the involved employee shall be provided official what and covering what?
Notice of interrogation covering the full scope of questioning
188
The Notice of Administrative Interrogation shall contain what 4 elements?
Scope of the interrogation Rank, name, and command of the lead and assistant interrogator Date, time and location of the interrogation The right to representation
189
At the conclusion of the interrogation (but while still being recorded) the investigator shall advise the employee the investigation is ongoing and order the employee what?
Not to discuss the interrogation or investigation with anyone other than a chosen representative, attorney, commander (if not party to the investigation) or investigators assigned.
190
In accordance with Evidence Code § 970 - 981, the marital privilege exempts a married person from having to testify against a spouse in any proceeding. The intention of the martial privilege is to protect confidential communications between two individuals at the time they were in a marital relationship. Does marital privilege exist when both spouses are uniformed members of the Department?
No
191
Government Code § 3306 Admonition, Employees covered under the Public Safety Officers Procedural Bill of Rights Act (POBR) have the right to submit a written response within how many days?
30 calendar days
192
When an internal investigation originates as the result of information reported by another departmental employee how many days do you have to provide the reporting employee any closing documentation?
30 calendar days
193
This hearing allows the affected employee an opportunity to respond prior to the imposition of discipline (Rejection during probation, or termination, or reassignment for medical reasons as required by state). What type of hearing is this?
Pre-disciplinary hearing
194
Who is responsible for scheduling the Pre-disciplinary hearing?
The effected employee
195
If an employee separates from the Department during an administrative investigation, the file shall be converted to what type of investigation?
Miscellaneous Investigation
196
What happens during an administrative investigation if an employee begins short-term military leave prior to the completion of the investigation?
The employee shall be provided a memorandum advising the one year timeframe for completion and service of the investigation has been paused due to the employee's unavailability
197
Travel time of up to how many hours is approved for a scheduled employment interview for any state civil service employment list.
8 hours
198
A CHP 127 package may be submitted via e-mail up to, but not exceeding, HOW MANY days in advance of an anticipated nonuniformed position vacancy?
90 calendar days
199
Vacant nonuniform positions shall be advertised for a minimum of HOW MANY calendar days in accordance with Title 2, CCR Section 249.2. The advertisement is valid for HOW MANY days from the posted date. If a conditional offer of employment has not been made within that time frame, the vacant position shall be re-advertised?
10 calendar days / 180 calendar days
200
Hiring Command. Hiring supervisors and managers shall electronically review all applications received, apply the preestablished application screening criteria to all applications, and update the hiring actions IN WHAT SYSTEM for all applicants?
The examination and certification online system (ECOS)
201
Minimum Response Time Frames. In accordance with Title 2, CCR Section 258, when establishing the time periods for eligibles to reply to an employment inquiry, the following minimum time frames shall apply. (1) Verbal/Telephone: A minimum of HOW MANY business days response time following the initial contact, including a voicemail message. (2) Mail: A minimum of HOW MANY business days after the date the written notice is sent. (3) Electronic: A minimum of HOW MANY business days after the date the electronic notice is sent.
(1) 2 business days (2) 6 business days (3) 6 business days
202
A former uniformed employee must apply for reinstatement to a uniformed position within how many years of separation?
3 years
203
What is the maximum travel distance from residence to work location for noncommand employees using a state vehicle?
50 miles
204
How many days of service in a pay period must an employee work to be considered a complete pay period?
11 days
205
How many hours must a probationary employee work during a 6 month probationary period? A 12 month probationary period?
840 hours / 1680 hours
206
During a probationary period is vacation and military leave counted towards total hours worked while on probation?
No
207
When an employee is on military leave what period of time is considered short-term military leave?
6 months or less
208
When must a permanent or probationary employee return to state service after short-term military leave?
Within 14 days after the end of the military leave
209
What is the effective date of long-term military leave?
Within 90 calendar days after the last day the employee physically worked
210
Government Code (GC) Section 19838 requires the state to recoup salary overpayments; however, action to recoup an overpayment cannot be taken unless the action is initiated within how many years from the date of the overpayment, and the recoupable amount must not exceed what percent of the employee’s monthly net disposable earnings.
3 years / 25%
211
In what five ways can an eligible employee receive Catastrophic Leave?
Annual leave, vacation, CTO, personal leave, and/or holiday credits (not sick leave)
212
Catastrophic Leave Donations: The donating employee must maintain a minimum of how hours of paid leave time to be eligible to donate.
80 hours
213
In what three ways can Catastrophic Leave be used?
For illness or injury of an employee For illness of a qualifying family member For an employee significantly impacted by a natural disaster
214
Donated credits will be credited to the employee’s account in what hour increments and will be reflected as an hour-for-hour addition to the vacation/annual leave balance of the receiving employee.
1 hour increments
215
How many days does an employee have to submit a memorandum stating they canceled their secondary employment?
10 calendar days
216
If an employee refuses to sign a censurable CHP 2, what shall the supervisor indicate in the employee’s signature box if anything?
Refused to sign
217
How long shall a CHP 2 written reprimand be maintained in an employee’s field folder?
3 years
218
A new ESA ID card will be issued every how many years at the time of the employee’s annual performance appraisal?
Every 5 years
219
Employers shall permit an employee to use, in any calendar year, an amount not less than the sick leave that would be accrued during how many months or hours at the employee’s current rate of entitlement to attend to the illness of a child, parent, spouse, or domestic partner of the employee.
6 months / 48 hours
220
If an employee takes time off for a state civil exam, evaluation for duty, entry into military service, or a SCIF appointment, the absence PAID or UNPAID time off.
Paid
221
The charge to bereavement leave shall not exceed HOW MANY eight-hour days for any one occurrence. Bereavement leave may only be used in increments of WHAT NUMBER of hours. If the death occurred outside the state, an additional HOW MANY days may be requested and shall be charged either to the employee’s sick leave or leave without pay.
3, 8 hour days 1 hour 2 days
222
A Commander shall provide at minimum a 30 minute to one hour meal period for an employee who works at least how many hours in a shift?
5 hours
223
A Commander may grant up to 15 minutes of rest periods for every four hours an employee works. The total time for rest periods per shift shall not exceed how many minutes?
25 minutes
224
Overtime will be credited on a what hour basis with a full quarter hour credit to be granted if half or more of the period is worked. Smaller fractional units will not be accumulated.
One quarter
225
Overtime for officers and sergeants on the 8.5-hour work schedule is defined as all hours worked in excess of how many hours in a 28-day work period.
170 hours
226
Overtime for officers and sergeants on the 9.5-hour schedule is defined as all hours worked over how many hours in a 28-day work period. Each employee working this schedule shall be credited with either one-half hour or 1 hour of CTO at straight time for time worked more than how many hours, but less than 171 hours every 28-day work period
171 hours / 170 hours
227
Nonuniformed employees may earn up to how many hours of CTO. Hours earned in excess of how many hours shall be converted to paid overtime? Officers and sergeants may earn up to how many hours of CTO?
240 hours / 480 hours
228
For the purpose of assigning voluntary overtime details, uniformed employees shall not be considered available if the assignment would result in the employee working more than how many hours in any 24-hour period.
16.5 hours
229
Employees who are called back to work during their regular shift hours on a day that they are officially on leave credit (sick leave, vacation/annual leave, or CTO) shall be credited with a minimum of how many hours work time?
4 hours
230
An overtime meal allowance of $8 may be provided only when an employee is required to work how many consecutive hours prior to or how many consecutive hours after the regular work shift?
2 hours / 2 hours
231
An employee shall be allowed time off with pay for an employment interview scheduled during the employee’s working hours with any department when the employee’s name has been certified for a position from any state civil service employment list. Departmental policy allows a reasonable amount of travel time up to how many hours for such interviews. If the employee is on vacation, annual leave, CTO, PLP, or holiday credit, no restoration of credits will be made.
8 hours
232
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) require employers to provide up to _____ weeks of unpaid, job-protected leave during a ____-month period for eligible employees for specified family and medical reasons.
12 weeks / 12 months
233
Supervisors shall be responsible for completing and providing an employee with the CHP 738 within how many business days after the employee has submitted a request for an FMLA/CFRA leave or the supervisor becomes aware the employee’s leave may qualify for FMLA/CFRA. Supervisors shall be responsible for completing and providing an employee with the CHP 739 within how many business days after the employee has submitted the applicable completed medical certification form.
5 business days / 5 business days
234
The CHP 738 informs the employee whether or not the employee is eligible for an FMLA/CFRA leave based on the eligibility requirements of having worked 12 months and at least how many hours in the previous 12 months.
1250 hours
235
Regardless of whether or not FMLA/CFRA is to be continuous or will be taken intermittently, an employee must provide their supervisor at least how many days advance notice before FMLA leave is to begin if the leave is foreseeable?
30 days
236
To be eligible for FMLA/CFRA benefits, an employee must have at least 12 months (52 weeks) of state service, and have worked at least 1,250 hours (actual time worked) immediately before the date the FMLA/CFRA leave is to start. Sick leave, vacation/annual leave, administrative time off, compensating time off, holidays, informal time off, or personal leave, any paid leave due to job-related injuries or illness will not be counted towards the 1,250 hours of work. Which of the 3 ARE counted in the 1250 hours FMLA qualification? (1) Overtime hours (2) Time off for military leave (3) Union Paid Leave
All of them are counted toward FMLA
237
Authority for incident command at hazardous materials events is defined in:
2454 CVC 8574.17 GC CA Hazmat Incident Contingency Plane
238
"Designated employees"; are required to report incidents to County Health Officers and Boards of Supervisors if there is a reasonable belief that the release or threatened release poses substantial present or potential hazard to human health, safety, property or the environment, within their jurisdictions. Notification of the County Health Officer and the Board of Supervisors must be made ________ of the employee's knowledge of the incident.
72 hours
239
It is not necessary to report spills of fluids incidental to the operation of a motor vehicle (e.g., gas from the fuel tank, oil from the engine, or coolant from the radiator) less than _______ total that are wholly contained within the paved portion of the highway and promptly cleaned up and disposed of by Caltrans (or county roads/public works).
42 gallons
240
CHP 407E - Hazardous Materials Incident Report. Requirements for Completion. A CHP 407E shall be completed for all hazardous materials incidents and suspected hazardous materials incidents resulting in a response by an employee of this Department, except as described in paragraph 6.b. of this chapter. The CHP 407E shall be completed and submitted to Division within _____ business days following conclusion of the incident. The original CHP 407E shall be forwarded through normal channels to CVS within _____ business days following conclusion of the incident.
10 business days 30 business days
241
Officers are assigned monthly critical task ratings using a three-point rating system on the CHP 100, Officer’s Evaluation/Activity Summary. ____ critical tasks have been identified as essential to performing the job of an officer and are used in evaluating individual performance. These critical tasks and their rating guidelines reflect the expectations of the Department and have been developed to emphasize observable job behaviors of officers in the work setting. An officer’s performance of the critical tasks is to be rated on the three-point system (_______, _______, and __________).
Eight Excellent Proficient Needs Improvement
242
The rating system used for the CHP 118, Performance Appraisal – Officer, consists of a three-point rating scale as follows:
Excellent Proficient Deficient
243
CHP 118, Performance Appraisal – Officer. A rating of _______ will _______result in the initiation of interim reporting.
Deficient. Always
244
CHP 118, Performance Appraisal – Officer. Probationary officers shall receive written performance appraisals within 10 days of _______________________.
the end of 4 months, 8 months and 12 months
245
California Code of Regulations, Title 2, Section 321, prescribes specific requirements for completion of the probationary period. If an officer has not worked the required _______ for the probationary period due to absences, the period will be extended.
1680 hours
246
Area Field Training and Evaluation Program Coordinators (FTEP). Area FTEP coordinators and their alternates are sergeants who administer Area training operations as collateral duties. Each Area assigned a trainee shall provide an Area FTEP coordinator. When an Area is assigned more than ______trainees, the Area will also provide an alternate Area FTEP coordinator.
Two
247
During Phases I, II, and III, a minimum of ____ hours of training shall be provided per phase. At the conclusion of the four phases, a minimum of ____ hours of training shall have been provided to the trainee. Limbo days (the first day of Phases I, II, and III) are included in the total number of training hours as they are assigned to an FTO on that first day; however, the initial orientation period is not included.
187 hours, 600 hours
248
Area FTEP coordinator will arrange for all trainees to be interviewed by either the Area commander or an Area management-level designee at the end of the____________. The purpose of these interviews is to ensure field training is conducted in an environment that is free of sexual harassment or other forms of discrimination and the trainee displays an understanding of the Public Trust Initiative.
The first and third phase of training
249
The ________________ is the recommended reference source to be used when preparing departmental written work. ______________ presents the basic rules for punctuation, capitalization, spelling, and grammar that apply in virtually every piece of writing.
Gregg Reference Manual
250
Signatures. The original of all correspondence shall be signed in _________.
Blue Ink
251
Communications Network (Comm-Net) messages are a method by which the California Highway Patrol (CHP) disseminates information throughout the Department. These messages may also be used to establish policy for up to_____________. Communications Network messages must be uploaded to the Communications Network Message System site for CHP employees to view.
90 calendar days
252
The campaign hat shall be worn by uniformed employees under the following conditions:
Part of formal uniform used at funerals, memorial services, formal personnel inspections, Academy graduations, awards presentations, or as directed by the commander When performing traffic control (peace officer recognition) When on the grounds of the State Capitol Public contact (PIO stuff)
253
Soft body armor shall be replaced within______________________. The serial numbers, level of vest, lot numbers, and sizes of each panel shall be recorded in the Employee Training Records System.
5 years from date of manufacture
254
A(n)_______________ is a conflict regarding the application of a contract or MOU.
Grievance
255
An injury or illness claim to which there exists substantial evidence to question whether the injury or illness is employment (job) related is considered a(n) _____________.
Questionable Injury or Illness
256
A person arrested for driving under the influence of drugs ____ be evaluated by a DRE.
Should
257
A chronological summary is required in which type of complaints:
Category 1 complaints
258
Radar-certified officers must be recertified _____________.
Each calendar year
259
Requests for supplemental law enforcement assistance from allied agencies (should/shall) follow the steps of the ______.
Should, mutual aid process
260
True of False, The Fresh Pursuit Act is applicable to felony and misdemeanor pursuits.
False, Felony's only, unless there has been a request for interstate mutual assistance
261
You are the on-duty supervisor; you are notified by dispatch that an allied law enforcement agency is working a homicide adjacent to a freeway. What shall you do?
You shall respond to represent the Department and assist the allied agency IC by managing traffic with minimal disruption to normal traffic.
262
The exclusive means by which a peace officer’s personnel records can be disclosed in court is by what is commonly known as a:
Pitchess motion
263
The category of “Other complaints” does not include one of the following: A. Departmental complaint B. Citation validity C. Other agency D. Rescinded complaint E. Frivolous complaint
C. Other Agency
264
A “Minor” adverse action is an action which requests a penalty of ____ days or less or a step reduction in salary for _____ months or less (excluding formal written reprimands)
five days / five months
265
During field training, what is the maximum number of days a trainee can miss without training being expanded the number of days missed?
Up to two during a phase
266
True/False: It is not necessary to retain field notes if all of the following conditions are met: The notes are incorporated into a formal report; the report accurately reflects the contents of the notes; the prosecutor turns over a copy of the formal report to the defense prior to the start of trial.
True
267
Officers _______ (should/shall) not use OC at a distance of less than ________ feet unless an extreme hazard exists, and ________ (should/shall) not aim directly into subject’s eyes at a distance less than ________ feet.
shall 3 feet / should 5 feet
268
When responding to a custodial facility, the mission of the California Highway Patrol will be limited to:
Prevention of death or injury to a person including inmates or wards and protection of Property
269
LIMITATIONS. The total petty cash fund shall be limited to $______ and the change fund shall be limited to $_______.
$300 / $100
270
Occupational Safety -- PHILOSOPHY. The Department is _____________ responsible for the safety of its employees. Safe work conditions and safe work procedures are essential to the efficient functioning of the CHP. The Department is also responsible for ensuring everything possible will be done to protect employees from accidents, injuries, occupational illnesses, and exposures to hazardous substances. a) legally. b) morally. c) Both (a) and (b). d) sometimes.
c) Both (a) and (b)
271
Civilians’ Complaints. -- Category II Complaints include the following:
Complaints alleging verbal misconduct, nonverbal misconduct (not involving physical contact), and/or complaints regarding matters not related to an employee's conduct
272
Civilians’ Complaints. -- Category I Complaints include the following:
Complaints alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Category I complaints also include those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct.
273
Officer Scruffy’s shift ended at 0600 hours. He drives his personal car to the gym on the way home, works out in his gym clothes, and arrives at home around 0730. His neighbor, Ms. Foster, has seen Officer Scruffy conduct multiple traffic stops in town in the CHP patrol vehicle, and recognizes him as her neighbor. Additionally, Officer Scruffy displays the “thin blue line flag” in his window of his residence. As Ms. Foster sees Officer Scruffy arrive home, she yells at him from across the street, “You better take that flag down out of your window!” Officer Scruffy yells back at Ms. Foster to “Fuck off!” Ms. Foster contacts you, as the newly promoted Sergeant to your Area, to file a Civilians’ Complaint. You should:
A nexus to employment by the Department was not established by Officer Scruffy. The fact Ms. Foster is aware of Officer Scruffy's position does not alone provide a nexus to the Department.
274
Civilians’ Complaints: The normal suspense period for complaints received at the command, or forwarded from Office of Internal Affairs, is _____ days. The suspense period for legislative complaints is ______ days.
60 days / 30 days
275
Citizens' complaints which originate while an employee is in training at the Academy will be the responsibility of the _________________.
The Academy Commander
276
Corrective Documentation To Employee. Any corrective documentation issued to an employee as the result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of ________ , commencing from the date of issue.
3 years
277
Complaint Investigations. Category I, Category II, and Other complaints shall be destroyed after a period of _________, commencing from the date the Department originally received the complaint.
5 years
278
Six-Month Probationary Period. Employees on a 6-month probation shall receive written appraisals at 2 months, 4 months, 6 months, and more frequently as necessary. An employee serving a 6-month probationary period must work a minimum of ______ hours during the 6-month period.
840 hours
279
Twelve-Month Probationary Period. Employees on a 12-month probation will receive written appraisals at 4 months, 8 months, 12 months, and more frequently as necessary. An employee serving a 12-month probationary period must work a minimum of ______ hours during the 12-month period.
1680 hours
280
Uniformed Employees-Training Required Upon Return from an Approved Leave of Absence. Uniformed employees who are on an approved leave of absence for less than 1 year shall be retrained and recertified at"
Their assigned command
281
Uniformed employees who are on an approved leave of absence for 12 continuous months to 2 years are required to complete Refresher Training at _________prior to resuming field-related duties at their assigned commands.
The Academy
282
Uniformed employees who are on an approved leave of absence for over 2 years are required to complete __________________________prior to resuming field-related duties at their assigned commands.
Reinstatement Training at the Academy
283
Military Leave. Short-term military leave is leave for ____________________ less.
6 months or less (180 Calendar Days)
284
NONINDUSTRIAL DISABILITY INSURANCE (NDI). Payments may be authorized for a maximum of ________for one continuous period of disability.
26 weeks
285
Supervisors shall ensure new ESA ID cards are issued to their employees every ______ year(s) in conjunction with the replacement of the field folder photograph.
5 years
286
The use of any official CHP insignia decals must be approved by the ___________.
The commissioner's office
287
Secondary firearms which meet the secondary firearm criteria (i.e., caliber, design, and safety mechanisms) may be carried in lieu of the primary firearm only while traveling to, during, and returning from court in civilian attire, in a ____________.
Privately owned vehicle
288
Pursuant to CFR Section 1544.219, when flying armed, the consumption of alcoholic beverages will be prohibited ______ hours prior to and during a flight.
8 hours
289
All uniformed personnel shall train with the primary firearm on a ______basis, shooting a minimum of ____ rounds.
Quarterly, 100 rounds
290
The commander shall designate a ________ or above to conduct a _________ inspection of all ammunition controls.
supervisor / quarterly
291
The number of keys to the ammunition storage location shall be limited to_______________, plus a commander's emergency access key.
The number of primary range officers assigned to the command (no more than two)
292
Approximately six months later, a second inspection shall be conducted requiring the firearm to be “field-stripped” and checked for obvious defects and cleanliness. A test fire of ______ is required prior to the firearm being placed back into service.
No test fire is required for "field strip" inspections of departmental or secondary firearms.
293
Tactical rifles that are routinely fielded or used for live-fire training shall be inspected and cleaned with a departmentally approved cleaner/lubricant quarterly. One of these inspections is required to be a full tear-down that will include test-firing with __________of departmental ammunition.
10 rounds
294
Recording Total Staff Hours. The total number of staff hours involved in the incident response shall be listed on the CHP 735, rounded to the nearest _____ minutes.
15
295
Adverse Action. A disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conduct established by law and/or departmental policy. Penalties consist of:
Formal Written Reprimand, Suspension, Reduction in Salary, Demotion, Involuntary Transfer, Dismissal
296
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.
Lybarger Admonishment
297
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.
Coleman Hearing
298
The ______________shall be included in all Memorandums of Direction (MOD).
Bazemore Admonition
299
_________________ is intended to modify an employee’s behavior, and should instruct and train the employee to act and perform in accordance with established standards of conduct.
Progressive Discipline
300
Corrective Documentation. This is the next step in the progressive discipline process. Corrective documentation can take the form of any of the following: a) Monthly evaluation comment (e.g., CHP 100, CHP 100PSD, CHP 112). b) Memorandum of Counseling. c) Memorandum of Direction d) Censurable CHP 2. e) All of the above.
e) All of the above.
301
Supervisors are the main defense in maintaining a drug-free workplace. When a problem arises, it is their responsibility to confront the situation and initiate the proper action, including substance testing. For the substance test to be effective, each supervisor must ensure that:
Reasonable suspicion is supported by proper documentation; The sample is properly collected; The chain of custody is maintained; and The employee's rights are not violated.
302
The effectiveness of the substance testing program is dependent on the Department's ability to justify its actions and demonstrate a proper application of the policy. The following elements are critical if the program is to be successful:
Consistency, Confirmation, Collection of Sample, Chain of Custody, Control of Quality, and Contracts
303
CONSTITUTIONAL CONSIDERATIONS: Any scientific test of bodily fluids will reveal personal information about the person providing the sample. This information may include drugs the person has ingested (both legally and/or illegally), a disease such as diabetes, or some other medical condition not previously known by the employer. Consequently, there is ongoing debate as to whether or not the state is entitled to such personal information if it was obtained against an employee's will or without a warrant. There are three constitutional issues in such debates:
Fourth amendment - search and seizure Fifth amendment - self-incrimination Fourteenth amendment - due process.
304
Fourteenth Amendment. This amendment guarantees the right to due process and has been the basis for challenges to certain substance testing programs. This protection requires the government to ensure procedural and substantive due process when an employee's constitutional rights are affected. When claims are made that due process has been denied, they most frequently allege:
A lack of advance notice of testing. No advisement of consequences. Inadequate opportunity to respond to charges. Lack of opportunity to challenge test results or inability to order additional tests to compare results.
305
For the purposes of substance abuse testing, a sensitive position is defined as any peace officer as identified in Section 830 of the Penal Code and any other position in which drug or alcohol affected performance could clearly endanger the _________.
health and safety of others.
306
The following departmental classifications have been designated and approved as sensitive positions, except for: a) All peace officers.. b) Cadets. c) Office Technician (typing) d) School Pupil Transportation Safety Coordinator.
Office Technician (typing)
307
SUBSTANCE ABUSE: Reasonable suspicion is the good faith belief based on:
Specific articulable facts or evidence that an employee may have violated the substance abuse policy; and Substance testing could reveal evidence in support of a violation.
308
Use of the PAS device to establish reasonable suspicion ________ .
Is not authorized.
309
Sample Collection at Work Location. If the supervisor decides to collect the sample, it must be done in an atmosphere of dignity and reasonable privacy. The office restroom could be used in this situation as long as the sample is provided under the supervisor's direct observation with some arrangement so that other employees cannot enter during collection of the sample. Before collecting the sample, the supervisor shall:
Ensure at least 60 milliliters (approximately two fluid ounces) of urine is collected; (to be split into two containers after collected).
310
SUBSTANCE ABUSE TESTING; When collecting the urine sample, the supervisor:
Shall be of the same sex and will actually watch the urine leave the employee’s body.
311
SUBSTANCE ABUSE TESTING; Employees refusing to cooperate at any stage of the collection process:
Shall be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for insubordination.
312
The following chemical test(s) may be obtained for substance abuse testing for a non-sensitive employee: a) breath. b) urine. c) blood. c) all of the above. d) none of the above.
d) none of the above
313
SUBSTANCE ABUSE TESTING; Reasonable suspicion exists only after the appointing power or a designee has also considered the facts and/or evidence and agrees that the constitute a finding of reasonable suspicion. This person is known as:
the Confirming Official
314
SEXUAL HARASSMENT; Courts have recognized two types of sexual harassment under federal and state law. These include ___________ and _____________:
Quid pro quo and hostile work environment
315
Harassment is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group. Harassment reaches the level of illegality when the conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be considered hostile, intimidating, or abusive; as measured by the __________________.
reasonable person standard
316
After January 1, 2006, each employer covered by this section shall provide sexual harassment prevention training and education to each supervisory employee in California once every ____ .:
2 years
317
DUI checkpoints; At least _____ warning signs shall be used when setting up a sobriety checkpoint.
Six
318
What is the Excluded employees bill of rights?
Supervisory employees have the right to be represented regarding matters related to employment conditions and supervisor employee relations.
319
Unit 5. Who is considered a represented employee?
An employee who is not designated as a supervisor or manager of a confidential employee (rank and file)
320
True or False: Supervisory employees are not entitled to bargaining unit rights, exclusive representation, or the right to file an unfair labor practices charge.
True: Limited rights only
321
What is the role of a management team?
Direct the workforce towards accomplishing goals, reflection of management
322
May any employee conduct association/union activities during work hours? If not, when?
No. An employee may conduct business during non-work hours. Such as lunch breaks, rest breaks, before and after work.
323
Release time: The needs of the command are the primary consideration when approving request for release time. When may release time be granted?
During employees regular work hours. No shift or schedule changes are allowed.
324
Who may grant or deny release time?
Employee’s supervisor
325
Can employee representative claim travel time for rep activities, employee organizations business or interrogation representation?
No
326
True or False: During work hours, an employee may utilize a reasonable amount of release time for grievance / complaint representation?
True (not for meet and confer)
327
How many hours of release time may a rep use to assist an officer who has been involved in an officer involved shooting?
8 hours. If the time is outside the reps regular works hours, the reps regular work shift shall be adjusted to compensate
328
When is the grievance procedure used?
Violation of contract. Example: denial of representation, denial of OT compensation, annual performance evaluation dispute.
329
When is the complaint procedure used?
Settles dispute over policy and procedures. Examples: allegation officer must work graveyard shift alone, denial of hardship transfer
330
What are the 5 levels of grievance/complaint process?
1. Informal (discussion employee and supervisor 2. Level 1 – Area Commander 3. Level 2 – Division Commander 4. Level 3 – Office of comm. (final level for represented employees 5. Level 4 – DPA (last level for excluded employees)
331
Can a grievance or complaint be accepted on a CHP memo? Yes or No
No. Only on a CHP 94
332
Grievance and appeal procedures (excluded Employees). What are the time limits for an informal discussion (employee/rep)?
Employee/rep shall discuss grievance with immediate supervisor within 10 days. Supervisor shall render a decision either verbally or in writing within 5 days.
333
What is the purpose of arbitration?
Arbitration is a third party settlement of disputes outside of court. Handled by OER and DPA.
334
True or False: A commander may choose not to meet and confer with a rep over findings in a citizen’s complaint, a comment on performance documents, MOD or Form 2?
False. A commander is obligated to meet. However, it is the commander choice whether or not to allow the employee in the meeting.
335
What is an unfair labor practice?
Actions or inactions that violate the Dill’s Act.
336
True or False. The manager acting as a confirming official must be physically present during the investigation.
False. May be done by telephone if needed.
337
In what code can you find POBR?
Government Code. Sections 3300-3312
338
Can a public safety officer be ordered to cooperate with other agencies involved in a criminal investigation?
Yes. Failure to cooperate may lead to a charge of insubordination.
339
Generally, no officer is required to disclose any financial records. What are the exceptions?
If such information is obtained or required under proper legal procedure or law. Can be done if an employee is applying for a specialized unit where there is a strong possibility of bribes or other improper inducements.
340
If it is shown that an agency has “maliciously violated” the employees POBR rights “with the intent to injure the public safety officer” a civil penalty of up to $ _______ plus attorney fees can be assessed.
$25,000
341
Who can reject an employee during probation?
Commander or designee
342
Without an extension, the internal investigation should be completed and forwarded to OIA within ___ days?
60 calendar days
343
If the commander feels a polygraph would be desirable during an investigation. He / she may submit a request. Who can approve the request?
Commissioner No adverse comment can be made anywhere in the file if the employee refuses.
344
If an interrogation is to take place and the employee refuses to waive his Miranda Rights, can an admin. Interrogation immediately take place?
It should not be conducted until approval is obtained from prosecutor.
345
After approval, can an employee obtain a copy of the investigative file? If so, what is required?
Yes. A memo shall be attached admonishing the employee of confidentiality
346
How long should a copy of the investigative file be retained in the areas?
5 years unless employee resigns, 3 years in personnel file.
347
What is the procedure for filling a vacant non-uniform employee position?
1. CHP 127 (Request for position Action) completed and sent through channels to the appropriate AC. 2. CHP 129 (Duty Statement) 3. Org Chart 4. Comm-Net Message
348
Who can approve a CHP 127 (Request for position Action)?
The appropriate commissioner. A communications center Commander may approve a PSD and a PSO.
349
When interviewing a prospective employee, can the employer question them regarding prior criminal arrests that did not result in a conviction?
No, unless they are interviewing for the position of peace officer or any position where they would have access to criminal offender record information.
350
Is citizenship a requirement for employment?
Only for uniformed officers.
351
Government Code Section 21193 states, in summary, an employee who applies for reinstatement and is no longer incapacitated for duty in the position held when retired for disability, or in a position in the same classification, shall be reinstated, at the employee’s option. What is the max. age?
The former employee must be at least six months less than the age of compulsory retirement. Must complete reinstatement process.
352
What are the mileage restrictions for state vehicles?
50 mile for non-commanders 70 miles for commanders
353
Who is the final approving authority for a Temp. Leave of Absence Request (30 days)?
Commander
354
Name four types of Discretionary Leave, the following are types of leaves of absence:
(a) Regular leave of absence (b) Adoption leave. (c) Temporary leave of absence. (d) Informal leave
355
What shall a uniformed employee do upon learning she is pregnant?
Notify her commander and submit a statement from her medical care provider regarding her ability to perform full or limited duties. Shall submit a CHP 209, Advisory: Potential Health Hazards Associated with Firearms Training, signed by their medical care provider.
356
What are the qualifying events for FMLA?
1. Birth/care of a newborn 2. Care of an adopted/foster child 3. Care of an immediate family member 4. Own serious health needs (spouse, son, daughter, parent, domestic partner)
357
How much are employees entitled to for NDI payments?
Sick / vacation leave program: $135 per week Annual leave: 50%. May use leave credits to supplement at 75% or 100%
358
What is a temporary separation from the Department?
Leaves of absence including informal and temporary leave Military leave Suspension Termination for medical reasons Involuntary leave Layoff Disability retirement.
359
If the employee has not contacted the commander at the end of the first ____hours of a scheduled shift, the commander should attempt to contact the employee.
4 hours
360
If the employee cannot be contacted (AWOL). The commander shall_________________?
1. Send a written notice to last known address 2. Overnight mail, not certified 3. Contain an implementation date with reasonable time to allow for an appeal
361
Payment to discharged employees shall be paid when (all credits)?
At time of separation
362
If an employee resigns, he must be paid when (all credits)?
Within 72 hours
363
Retired peace officers may maintain the DMV confidentiality of their home address. How about employees who separate for other reasons?
May maintain for 3 years.
364
If a sergeant resigns and receives a permissive reinstatement, s/he will return as a sergeant? True or False
False. All go to rank of officer
365
Who shall a commander immediately notify when an employee files for retirement?
Personnel Transaction Unit
366
Who shall notify a retired peace officer that his CCW permit has been revoked?
The commander. It is also the commanders responsibility to notify the next level when he becomes aware that a retiree did something that may cause a revocation.
367
Which employees shall maintain a contact phone number?
All uniformed employees, PSD’s and PSDS, nonuniformed section commanders and Division chiefs
368
Can an employee work a secondary job while on sick time, injury leave or limited duty status?
Commanders may require written assurance from an appropriate medical authority stating the secondary employment activity will not aggravate the injury nor prolong the employee’s recovery.
369
If an employee is suspended for full pay period or longer s/he is considered to be in non-pay status. What must the employee pay into to continue medical benefits?
COBRA Employees who resign may pay into COBRA for 18 months
370
All reports containing medical information for injury claims shall be maintained at the local office.
False - Medical reports, or copies of medical reports, shall not be retained at the local level after all command action has been completed. Will be forwarded to Business Services Section
371
There are three different categories of arrest techniques the officer has the option of utilizing. The use of a technique is based on what is reasonable according to the facts and circumstances perceived by the officer at the time of the event. The techniques are?
Standing Kneeling Prone
372
True/False: Bent wrist handcuffing technique is approved for the Kneeling Arrest Technique
False
373
The Prone Arrest Techniques are ?
Prone Twist Lock High Risk Prone Twist Lock
374
The preliminary frisk is an exception to the Fourth Amendment’s guarantee against warrantless search and seizure? What court case decided this?
Terry v. Ohio, 392 U.S. 1 1968
375
True/False: When an officer conducts a consensual encounter with a subject, the subject has the right to refuse a search for weapons?
True
376
All strip searches and visual body cavity searches shall be conducted within a ______________________ and in an area of privacy so that the search cannot be observed by persons not participating in the search
Booking/Holding Facility
377
When________________, officers are required to utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force.
Safe and Feasible under the totality of the circumstances.
378
De-Escalation: The prospect of a favorable outcome is often enhanced when ____________ of an overall response to potential violent encounters by coordinating resources and officers’ tactical actions
supervisors become involved in the management
379
CHP 287, CLAIMS OF $1,000 OR LESS. When an individual claims to have suffered a loss of $1,000 or less, they_______ be provided a CHP 287. A field supervisor ______ carry this form with them in order to expedite the claim process.
shall/should
380
List the legal intervention/forcible stops?
Ramming/PIT Hollow spike strip Channelization Boxing in Road Blocks Use of firearms
381
Denial of overtime compensation provided by the contract is an example of?
Grievance
382
Denial of a hardship transfer is an example of?
Complaint
383
A disagreement with an annual performance evaluation is?
Grievance
384
Denial of representation during the grievance procedure may be an example of?
Grievance
385
Allegation that an officer must work a graveuard shift alone is an example of?
Complaint
386
The Standing Arrest Techniques are?
Bent Wrist Twist Lock Modified Twist Lock
387
Ammunition – Evidence. Items such as unfired cartridges, fired cartridge cases, fired bullets, fired bullet fragments, projectiles, shot wads, shot pellets, and loaded magazines that have evidentiary value and may require testing should be packaged in the following manner. Gloves should be worn to preserve Deoxyribonucleic Acid (DNA), latent prints, and trace evidence. These items should be packaged in___________________ .
Kraft Paper/manila-type envelopes
388
HPM 70.1 requires a copy of this chapter shall be printed and placed in a binder at each Area’s packaging station for immediate reference:
Chapter 5
389
Employee Tracking System (CHP 121D, Injury/Illness Status Report). The monthly 121D is reported to the respective Divisions by the ______ of each month. The report shall contain information on employees who are___________________.
10th, assigned to limited duty or are off duty for 30 calendar days or more as a result of an occupational injury or illness.
390
Mandatory Activations -- The MVARS RECORD function shall be activated during the following enforcement actions and activities:
Vehicle Inventories Motorist Service Pat Down Frisk or search Emergency Response Pursuits Enforcement Contacts Confrontational Interactions
391
___________________shall be used for all other correspondence outside of state agencies
CHP Letterhead
392
True/False: Uniformed personnel in the Investigative Services Unit shall make public contact data entries on the CHP 415, Daily Field Record, in the departmental Activity Tracking System
True
393
As it applies to HPM 9.2, Substance Testing Manual, Reasonable Suspicion is
The good faith belief based on specific articulable facts or evidence that an employee may have violated the substance abuse policy; and substance testing could reveal evidence in support of a violation.
394
As it applies to HPM 9.2, Substance Testing Manual, Reasonable suspicion exists only after?
The appointing power or a designee (confirming official) has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.
395
As it applies to HPM 9.2, Substance Testing Manual, (HPM 9.2, 7-3): employees suspected of being under the combined influence of alcohol and a drug(s) are required to submit to:
both a urine and a breath test
396
As it applies to HPM 9.2, Substance Testing Manual, (HPM 9.2, 6-5): Use of the PAS device to establish reasonable suspicion is:
not authorized
397
As it applies to HPM 9.2, Substance Testing Manual, (HPM 9.2, 6-5) is the employee entitled to representation during the following: When the supervisor makes initial contact with the employee in an appropriate confidential interview setting to ask questions regarding abnormal behavior, inefficiency, absenteeism, tardiness, unusual appearance, etc.?
No.
398
What is the definition of Permanent and Stationary status?
An injury condition is considered to be permanent and stationary when future changes in the condition, either for the better or for the worse, are not expected to occur.
399
An employee may use sick leave while on scheduled vacation if:
(1) The employee becomes injured or ill and is unable to continue vacation. (2) The employee has a medical examination or treatment by a licensed practitioner.
400
Family Sick can be used for:
mother, father, husband, wife, domestic partner, son, daughter, brother, sister, or any person residing in the employee’s immediate household.
401
When an employee’s sick leave absence is more than two consecutive work days, commanders shall indicate the method of verification in this section. Those methods include:
1. Telephone, Physician statement, home or hospital visit. 2. If doctors visit was not done, a commander may require a note from another person, ie. Spouse.
402
What is the maximum accumulation of vacation/annual leave credits for: Non-uniformed: Officers and Sergeants Lt’s and above
640 hours 816 hours 816 hours
403
Commanders shall allow employees who work more than 5 hours per day a minimum of _____ minutes for a meal and not more than ______ minutes.
30 mins and 60 mins
404
Non-represented employees may get a rest period not to exceed _____ minutes each four hours of their work shift. The total time per day shall not exceed _____ minutes.
15 mins 25 mins
405
What is the max accumulation for CTO? Uniformed and Non-uniformed
240 hours 480 hours
406
The 16.5 hour OT rule applies to what type of OT?
Voluntary
407
If an employee is called back more than 3 hours after the end of his shift does he claim call back or straight through?
Call back
408
When an employee is called back within ___ hours of the beginning of the employee's next shift, call back credit shall be received only for the hours remaining before the beginning of the employee's next shift.
4 hours
409
The minimum time subject to dock pay is ______
10 minutes
410
State employees are or are not entitled to jury duty pay?
Are not. They will receive their normal pay.
411
Can an employee take a State Civil Service during normal working hours with pay?
Yes. As long as two day notice is given.
412
Election Day – Employees are granted a maximum of ___ hours work time to vote. May take more, but will not be paid for the rest
Two hours
413
In order to clarify sick time usage, a supervisor may ask an employee to document their medical diagnosis on the STD 634 True or False
False. General nature only.
414
The decision to implement an alternate work week is made by ____________
Commander with Division concurrence
415
Commanders may make an immediate temporary change or suspension of the alternate work week. To make a permanent change they must give ____day notice.
30 days
416
What happens if a vote of no less than 67 percent (rounded to the closest whole number) of the affected and eligible employees in the command elects to change an existing workweek schedule to another.
Commander conducts a meet-and-confer. Sergeant will be included in a separate vote
417
If an employee assigned to 12 hours shifts takes bereavement leave how is the time calculated?
the charge to bereavement leave shall not exceed 3 – 8-hour days (24 hours) per occurrence
418
Medical file must be kept where if they are in the office.
Locked file outside of personnel file.
419
In the event of an employee’s death. Their personnel file must immediately be sent to ___________.
the Personnel Files Services (PFS), Human Resources Section (HRS).
420
If an attorney requests to contact a former officer for testimony in a civil case. The Department may contact the employee, but information will not be given to the attorney unless _______.
DA for criminal case or AG for civil case involving the Department.
421
An employee’s rep may review the employee’s personnel file under what circumstances?
Written permission dated within the past 30 days
422
A commander may certify a sergeant as on-call when the sergeant is on call at least 10 days. What is the pay?
$50 per month for office with 3+ sergeants, 75$ per month for 2 or less or RPs
423
Who is EAP available to?
Employees, spouse, dependent children
424
How does an employee document the use of Merit Behavioral Care (MBC) if it occurs during work hours?
STD 634 – sick or vacation time
425
True or False A manager drafts a “management supervisor referral” letter to MBC (Merit Behavioral Care) for an employee, but they cannot force an employee to go.
True
426
Regarding Peer Support. What is considered a critical incident?
Any event, on duty or off duty job related, involving actual or threatened death or serious injury, which has the potential to create a sense of fear, helplessness, horror or general distress.
427
A commander may request peer support under the following circumstances?
1) Employee involved critical incident. 2) Group debriefing for CI. -Employee may decline -Commander will assist in selection of peer support counselor
428
In the event of a critical incident, the commander will make direct contact through the local __________________ where a peer support roster is maintained.
Communications center
429
An off duty peer support counselor (PSO, PSPSD, PSA) may be compensated up to _____ hours of ______ when responding to a commanders request for service.
4 hours of CTO
430
Who can approve the use of the Departments aircraft for peer support?
The appropriate Asst. Comm.
431
Who is the program coordinator for the ESAP (Employee Substance Abuse Program)?
Health and Safety Section, Personnel and Training Division
432
The CHP Chaplain is available on request and may provide assistance to whom?
All employees, active and retired, plus family of deceased employees upon request.
433
Critical Incident Response Team (CIRT) – How does a commander request CIRT services?
By contacting Health and Safety Section / Personnel and Training Division or the Sacramento Comm. Center
434
Are critical incident stress debriefings mandatory for employees? If so, within how many hours?
Only for shooting incidents and then completed within 72 hours (generally)
435
Occupational Safety – Who is responsible for ensuring the employees are trained?
Manager
436
What form is to be filled out in order to report unsafe conditions?
CHP 113B
437
Command Occ Safety Committee (COSC) – What types of incidents shall the COSC review?
Vehicle accidents, occupational illnesses and hazardous materials exposure to determine errors in skills
438
Occ Safety – Who determines preventability?
Commander
439
Occ Safety – The Dept. Occ Safety Committee meeting minutes shall be prepared within ___ days and the DOSC shall meet ___________.
10 Quarterly
440
Occ Safety – Who are the primary instructors for the Department?
Managers and Supervisors
441
Occ Safety – Regarding managers and supervisors, safety performance of their respective units shall be an element of their annual performance review True or False
True
442
Occ Safety – An incident deemed preventable can be appealed through who?
Command Occ Safety Committee (COSC) then through the grievance procedure
443
Occ Safety – How often shall the commander conduct inspections of departmental facilities?
Semi-annually
444
Occ Safety – Accountability reporting is required _____ of all commands by submission of the CHP ______.
Quarterly CHP 113
445
Occ Safety / Haz. Mat. – May a commander release exposure records? If not, who can?
No Occupational Safety Unit
446
Occ Safety – Where should commands post the CHP 189 (Hazardous Substance Inventory)?
On the Command Occ Safety bulletin board
447
Occ safety – Who should be assigned to conduct commentary driver training?
Sergeant or non-uniformed supervisor for non-uniformed personnel when the sergeant is not available.
448
Occ Safety – Who is required to ensure the workplace and equipment is safe and in compliance?
Commander
449
What are the three categories of Citizen Complaints?
Cat 1 Cat 2 Other
450
What is an “other” complaint?
Complaints which may contain Category I or II allegations as outlined above, but which also meet the definition of one of the following types of complaints, as defined in this chapter: Departmental complaint, Citation Validity complaint, Rescinded complaint, Frivolous complaint\
451
What is a Cat 1 complaint?
Complaints alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Category I complaints also include those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct.
452
What is a Cat 2 complaint?
Complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee's conduct.
453
What are the 5 possible findings of a Citizen’s Complaint?
1. Sustained 2. Unintentional error 3. Undetermined / No finding 4. Departmental 5. Exonerated
454
Citation validity is normally classified as what category of complaint?
Normally a Category II complaint, a citation validity allegation may be processed as an ‘Other’ complaint if there are no other allegations by the complainant.
455
Which form is provided to a citizen who wishes to file a complaint? Uniformed and non-uniformed? How many days do they have to return it?
CHP 240B CHP 240D 10 business days
456
All complainants (Citz. Complaints) shall be acknowledged by correspondence within ____ business days and normally signed by _______.
5 / Commander Not normally required if the complainant contacted the Department in person.
457
The commander is responsible for ensuring all investigations are completed in a timely manner. The normal suspense period for complaints received at the command, or forwarded from BIA, is ____days.
60 days
458
If a complaint involves officers from more than one command, who should be the primary investigator?
The area with the employee with the most serious allegation or the command with the greatest number of employees involved.
459
Planning is a key element for a successful investigation. What are initial steps an investigator should do when getting assigned a cit complain investigation?
1. Meet with the commander 2. Begin chronological log required for Cat 1) 3. Establish investigative file 4. Clarify allegations
460
There are generally three basic steps in the investigative process for citizen complaints. What are they?
1. Determine the questions (needed to be answered for investigation) 2. Determine the answers (what do you need answered, this may come in the form of physical evidence) 3. Document the results
461
Normally an employee does not have the right to representation when being interviewed for a citizen complaint. What is the exception?
If the complaint investigation is of a serious nature, and/or the facts indicate adverse action may reasonably result, the employee shall be afforded the right to representation. Before refusing a request, contact OER.
462
Keeping in mind POBR, when can an employee be asked to draft a memo during a citizen complaint investigation?
1. After the interview has been completed to clarify specific questions 2. When provided a written interrogatory and afforded representation
463
Can an investigator record the interview with an employee during a citizen complaint investigation? Can a complainant/witness record and interview with the investigator
Only with the permission of the employee. Yes, but the investigator shall also record it.
464
____ complaints with allegations of criminal misconduct which have been given a finding of _______or _______ _______ shall be referred to the respective prosecuting district attorney’s office for review.
All Sustained or Unintentional error
465
To obtain a finding for a citizen complain investigation. The investigation must show ? Preponderance of evidence or probable cause to sustain or exonerate
Preponderance of evidence
466
What are the maximum amount of findings (i.e. sustained, exonerated,……) you can have per an allegation in a citizen complaint investigation.
One
467
If a complainant choses to rescind a complaint, the commander should tell the investigator to discontinue the investigation. True or False
False. Commanders may elect to accept or decline base on the circumstances. If rescinded a closing correspondence is still required.
468
Closing correspondence shall be sent within ___ days of the investigation being approved.
30 days
469
Corrective action (for sustained and unintentional error) to the employee for a citizen complaint shall be in written form. The commander shall use one of the following based on the severity of the allegation (name 4):
a) Request for Adverse Action. (b) CHP 2, Incident Report (Censurable). (c) Memorandum of Direction. (d) Memorandum of Findings
470
The ___________ admonition shall be included in all Memorandums of Findings or Direction. In instances where the corrective documentation is being issued solely as a result of a finding of Unintentional Error, the inclusion of the __________ admonition should be left to the discretion of the commander.
Bazemore
471
If s/he chooses, can a commander issue closing documentation to an employee for a finding of undetermined/no finding and include the Bazemore admonition?
Yes
472
Closing documentation requiring a Governor or legislative response. Who prepares it?
Prepared by the command with coordination of the Office of Special Reps. If some circumstances it should come from BIA.
473
Who is the final approval for Cat 1, Cat 2 and Other complaints?
Cat 1: Division Commander or designee Cat 2: Generally Area Commander Other: handled by which category they initially fell into (i.e. Cat 1 or Cat 2).
474
The employee shall be provided the opportunity to review the investigation in its entirety, except for any _______ specifically marked in the “List of ______” as not releasable to the employee reviewing the complaint.
Exhibit Exhibits Includes medical forms, financial records, complainant if listed as confidential
475
A copy of the corrective action may only be placed in the employees personnel file if there was a finding of ___________ or ______________.
Sustained or unintentional error Employees response, if completed, will also be in the personnel file.
476
Re: Complaint Investigation file: Category I, Category II, and Other complaints shall be destroyed after a period of _____ years, commencing from the date the Department originally received the complaint.
5 Includes employee response
477
Re: Corrective Documentation: Any corrective documentation issued to an employee as the result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of _____ years, commencing from the date of issue.
3 Includes employee response
478
What happens to the copy of the complaint in the area Complaint File when the employee transfers to another command?
Goes with the employee to the new command
479
Can a commander release a complaint investigation file to the Attorney General?
Yes, when they are defending the Department or its employees. Coordinate with Legal Coordination Unit. Anyone else needs a subpoena or court order
480
Grand Juries: Any request for complaint records or interviews with departmental employees shall be coordinated with _____________.
BIA and the Legal Coordination Unit.
481
If the complainant is not satisfied with the results of the investigation, who shall conduct a separate complaint review?
The succeeding level of command. A Division level review shall be conducted when a complainant is not satisfied with an investigation conducted by an Area command. If still not satisfies then a BIA review.
482
Office of Equal Employment Opportunity reviews, processes, and submits finalized investigations to state and federal compliance agencies such as (name two):
1. Department of Fair Employment And Housing (DFEH) 2. Equal Employment Opportunity Commission (EEOC).
483
Employment discrimination, including harassment, based on the following protected groups is prohibited by law (13):
1. Race 2. Color 3. Religion 4. National Origin 5. Ancestry 6. Age 7. Sex (sexual harassment / gender identity 8. Physical or mental disability 9. Political Affiliation / Opinion 10. Marital Status 11. Sexual Orientation 12. Medical Condition 13. Retaliation
484
Definition of Harassment: Harassment becomes illegal when:
Pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group. The conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be considered hostile, intimidating, or abusive; as measured by the reasonable person standard.
485
What is the definition of sexual harassment?
Unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal, physical, visual/written conduct of a sexual nature when: 1. Submission is made either explicitly or implicitly a term or condition of employment 2. Basis for employment decisions, unreasonably affects work performance and/or creates an intimidating, hostile, or offensive working environment.
486
Define Age Discrimination and is anyone excluded?
The ADEA applies to persons 40 years of age and over. Public Health or Safety Classifications are excluded
487
Medical Condition refers to only two items, what are they?
Employee/applicant has or had cancer, and genetic characteristics (e.g., sickle cell anemia, Tay-Sachs Disease, hemophilia).
488
RE: Sexual Harassment - California Fair Employment and Housing Act (FEHA), and California Government Code (GC) Sections 12900 - 12996, apply to employers with ____ or more employees
15
489
Sexual Harassment is a form of discrimination originally contained in what federal act:
Title VII of the federal Civil Rights Act of 1964
490
GC Section 12950.1(a): an employer having 50 or more employees shall provide at least ___ hours of classroom or other effective interactive training and education regarding sexual harassment prevention to all supervisory employees. How Often:
2 hours every 2 years
491
Courts have recognized which two types of sexual harassment under federal and state law?
1. Quid Pro Quo 2. Hostile Work Environment
492
RE: Sexual Harassment – What is the definition of quid pro quo?
"submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting that individual,"
493
RE: Sexual Harassment - What is the definition of a hostile work environment?
Unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates an intimidating, hostile, or offensive working environment, even if it does not lead to tangible or economic consequences.
494
True or False Hostile work environment may also occur on the basis of other protected groups (e.g., race, disability, national origin).
True
495
True or False It is the Managers responsibility to Ensure supervisors within their command receive both initial and refresher training on sexual harassment prevention
False (Commander)
496
RE: Sexual Harassment – What is the role of the Manager/ Supervisor (Name 4):
1. Take immediate action 2. Timely and appropriate action 3. Atmosphere free of discrimination 4. Maintain business like environment
497
Yes or No RE: Sexual Harassment - Are employees required to tell the offending employee to stop their harassment?
No, but encouraged
498
RE: Hostile Work Environment – How do you determine whether sexual harassment has risen to a hostile environment?
The Supreme Court: “sufficiently severe or pervasive to alter the conditions of [the victim’s] employment and create an abusive working environment.”
499
RE: Sexual Harassment – The victim is not required to confront the harasser, but what must they do?
Demonstrate in some manner the behavior was unwelcome.
500
Yes or No In order to be in violation of the law, must sexual harassment be pervasive?
No “A single, unusually severe incident of harassment may be sufficient. The more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical."
501
If an employee initially participates in conduct of a sexual nature, what must they do before filing a hostile work environment complaint?
An employee in this situation bears the burden of showing that further conduct is unwelcome, work related harassment. To do so, the employee must clearly notify the individual that the conduct is no longer welcome.
502
Sexual harassment can come in what 5 forms?
1. Written 2. Verbal 3. Physical 4. Visual 5. Other
503
During their annual review or after completing training, managers and supervisors shall have an employee sign what form?
CHP 237A (Sexual Harassment Prevention and Discrimination Policy Admonition)
504
What agency definitions does the CHP use when referencing employment issues related to the Persons with Disabilities Program?
California Fair Employment and Housing Act (FEHA)
505
The Department's Persons with Disabilities Program has two major objectives to ensure compliance with federal and state laws. What are they?
1. reach, attract, and employ qualified persons with disabilities 2. ensure all qualified individuals with physical and/or mental disabilities have access to any programs, services, and/or activities under the jurisdiction of the Department for which they are eligible.
506
The American with Disabilities Act (ADA) guarantees what?
Equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications.
507
What is the program definition for Persons with Disability?
1. physical or mental impairment which limits one or more of that person's major life activities 2. “Has a record of or history of” such impairment 3. “Is regarded as having” such an impairment (treated by employer as an impairment)
508
True or False The broader definition (ADA) of Persons with Disabilities shall be applied.
True
509
True or False Defined by law, an alcoholic is a person with a disability?
True
510
Define reasonable accommodations.
Logical adjustment made to a job and/or the work environment which enables a qualified person with a disability to perform the essential duties of their position. This begins with the initial examination
511
Who is entitled to reasonable accommodations?
A qualified individual who meets the definition of a person with a disability
512
When can a request for reasonable accommodations be denied?
If the request would cause an undue hardship on the operation of departmental programs or if it can be shown that the person would pose a direct threat to the health or safety of themselves or others.
513
Who is responsible for processing a CHP 163, Reasonable Accommodation Request, upon receipt? How many days do they have to respond in writing to the employee/applicant?
Commander 10 days
514
True or False A CHP 163 (reasonable Accommodation Request) shall be maintained in the employee’s personnel file?
False It is a medical record so it needs to be in the Medical File
515
What are the 5 types of reasonable accommodation requests?
1. exam process 2. perform essential duties 3. continue to perform duties 4. participate in training 5. equal access and privileges
516
Can a commander request an employee to provide medical proof of the need for a reasonable accommodation?
Yes The employee has 21 calendar days to submit
517
The Department has a return to work coordinator. Where are they located?
Disability and Retirement Unit and OEEO.
518
Can an employee appeal denial of reasonable accommodations?
Yes. In writing, within 5 working days of either the receipt of the denial or exhaustion of the ten working-day period without a response. These appeals shall be made to the Office of the Commissioner through OEEO.
519
Name the two state agencies and two federal agencies that can handle discrimination complaints?
(1) The designated state agencies include the Department of Fair Employment and Housing (DFEH) and the Department of Industrial Relations (DIR). (2) The designated federal agencies include the Equal Employment Opportunity Commission (EEOC) and the Department of Labor.
520
RE: EEO – What are the commander’s responsibilities?
1. Post name and phone numbers for EEO counselors. 2. Provide full support to the EEO counselor program and attempt informal resolution if the EEO counselor is unable to resolve the issue(s). 3. Provide location for private meetings 4. attempt to resolve complaints 5. Caution about retaliation
521
Who is the overall administrator of the discrimination complaint process?
OEEO Commander
522
What is the role of an EEO counselor?
To establish and provide an open channel of communication through which employees may raise questions, discuss concerns, receive answers, and obtain informal resolutions. They are separate from formal complaint process..Tries to resolve issue before it becomes a complaint.
523
What is the role of an EEO investigator?
Responsibility for inquiring into, and reporting findings of fact on, formal complaints. Shall not make a final decision about the merits of the complaint. They only gather evidence and present the facts.
524
True or False An EEO investigator may be of the same rank as the employee under investigation?
False - The EEO investigator shall be at least one rank higher than any alleged discriminatory employee.
525
After the EEO investigator completes his investigation, who determines if there was a violation of departmental policy?
Division Chief
526
EEO investigators shall attend recertification training every ___ months.
24
527
Complaints filed with Federal Equal Employment Opportunity Commission must be filed with _____ days of the last incident or notification of the discriminatory act. The covered acts include:
300 days race, color, religion, national origin, age, sex (includes sexual harassment), disability, equal pay/compensation, genetic information, pregnancy, and/or retaliation
528
Complaints filed with Federal Department of Labor must be filed with _____ days of the last incident or notification of the discriminatory act. The covered acts include
300 Days disability and veteran status.
529
Complaints filed with California State Department of Fair Employment and Housing must be filed with _____ days of the last incident or notification of the discriminatory act or date of discharge. The covered acts include
365 Days
530
Complaints filed with California Department of Industrial Relations must be filed with _____ days of the occurrence of the alleged discriminatory or retaliatory act. What are the two exceptions:
180 days Retaliation against victims of domestic violence or sexual assault = 1 year Being paid less than an employee of the opposite sex doing the same work = 2 years
531
Informal Process - The complainant has ___ months from the last incident to contact an EEO counselor regarding discrimination-related issues.
11
532
Re_ EEO Couselors: If complaint is resolved complete a CHP 612B within ___ days. If it is not resolved, a CHP 612B should be completed within ____ days.
5 working days 20 working days
533
If the employee is not satisfied with the EEO counselor’s inquiry, they have the right to file a complaint with the Division Chief with ____ days of the receipt of the 612B.
10 working days
534
Employees who allege discrimination as the motive for an adverse action (AA) or rejections during probation (RDP) must file an appeal directly with the Commissioner? True or False
False, SPB
535
Investigation File: Evidence gathered during an investigation shall be retained for a minimum of ____ years or the life of the investigation file, whichever is longer.
5
536
EEO Invest: All interviews of employees and non-employees shall be recorded. True or False
False Employees shall. Non-employee shall, but can object.
537
What is the font used in an EEO investigation report?
Arial 12
538
Racial profiling and cultural awareness training must be conducted for law enforcement officer at least every 5 years by law. However, the CHP conducts classroom training every ___ years and online training every ___ years. What rank shall instruct these classes?
2 2 (conducted on odd years) Lieutenant or above
539
Bilingual positions are filled when the number of LEP persons, in any given language, comprises ______ percent or more of the public contacts experienced by any local office of a state agency.
5
540
Laws covering “upward mobility” are covered in which code?
Government
541
Upward mobility is defined as________________.
movement from low-paying classifications with minimal career opportunities into higher paying classifications within the Department with broader career opportunities.
542
What are the components of the upward mobility program?
a. Career counseling; b. Academic counseling; c. In-service and out-service training; d. Training and development assignments; e. On-the-job training; and, f. Job restructuring
543
What form contains the CHP upward mobility plan for employees?
CHP 50B
544
Participation in the Upward Mobility Program is/is not a guarantee of promotion
Is not
545
An Upward Mobility Plan terminated for any reason shall be forwarded through the appropriate Division to Equal Employment Opportunity Unit within ___ days of termination
30
546
It is a major goal of this department/CHP to achieve and maintain a work force representative of ______________________________ and the community it serves.
The relevant work force
547
In the California Highway Patrol, the workforce analysis is completed by __________________.
Office of Equal Employment Opportunity.
548
For the purposes of travel reimbursements, headquarters is defined as __________.
Where employee spends most time or location to which he/she returns upon completion of assignment.
549
Travel status is at least _____ miles from Headquarters
50
550
When an employee is granted sick leave while away from headquarters on State business, the employee may claim reimbursement for travel expenses up to day(s).
3
551
The minimum travel advance request is_____with the maximum not to exceed _____ .
$25, normally estimated expenses for less than 30 days
552
A properly prepared travel expense claim to substantiate the travel advance must be submitted as soon as possible _________ or at least ___________.
After the trip(s), once a month
553
When attending In-Service Training at the Academy, and the distance traveled is less than 50 miles from the employee's headquarters, the employee may claim __________ mileage.
Only that mileage exceeding their normal commute from home to their headquarters.
554
To be eligible for reimbursement of overtime meal expenses, the overtime must be worked within ___ miles of the employee’s headquarters.
50
555
Mileage reimbursement may be claimed if on travel status, called back to work or working on a scheduled day off on a voluntary overtime detail. True or False
False – not voluntary overtime
556
Privately-owned motorcycles or motor-driven cycles are authorized to be reimbursed at half the rate for other privately owned vehicles? True or False
False – Not authorized as a means of transportation
557
Employees will submit no more than travel claim(s) per month
1
558
TECs can only be submitted for _______ and __________.
Current and two prior fiscal years.
559
Parking charges should be shown in the “Tolls, Parking” column of the TEC. Charges exceeding $__ for one continuous period of parking must be substantiated with a parking receipt
10
560
A fiscal plan of operation detailing proposed expenditures for a given period and the proposed means of funding them is a
Budget
561
Budget year runs from ____ to __________.
July 1 to June 30
562
It is the policy of this Department to present a budget adequate to assure compliance with statutory _____ and __________, and represents the Department’s mission and goals.
duties and responsibilities
563
Travel expenses incurred by an employee for any type of interviews are or are not reimbursable.
Are NOT
564
True or False An employee can claim travel status when they are 60 miles from their HQ and 45 miles from their dwelling?
False. Both have to be over 50
565
Can an employee claim overtime meals while on travel status?
No
566
What is the minimum amount an employee can receive for a travel advance?
$25
567
When can a travel advance be requested?
No earlier than 2 weeks prior to travel
568
What are the meal rates while on travel / per diem?
Breakfast – $7 Lunch –$11 Dinner - $23 Incidentals - $5
569
An employee begins travel at 1630 hours. Can s/he claim a dinner?
Yes, as long as travel begin prior to 1700 hours
570
An employee must work at least ___hours to be eligible for the first overtime meal, at least ___ hours for the second overtime meal, and at least ___ hours for the third overtime meal.
10 16 22 Based on 8 hour day. Must be 2 hours past regular work hours. 6 hours in between.
571
Normally, employees are not to drive a departmental vehicle for more than ___ consecutive hours.
8 can voluntarily be extended to 12 hours. Breaks do not count towards time.
572
Commanders are authorized to sell discarded tires, junk batteries and used rotors. How many bids are required?
3
573
Employees who quality for relocation status may claim relocation per diem allowances for a maximum of ___ days
60
574
Are employees allowed to claim meals and/or lodging expenses while searching for a new residence after relocation expenses have been approved. If so, for how long.
Yes for a total of 14 days
575
If relocation has been approved, what is the max time an employee has to sell their house?
2 years
576
Reimbursable services may be cancelled with ___ hours’ notice and must be done during _____ hours.
24 Normal hours 0800-1700 If a reimbursable contract is not cancelled prior to 24 hours, the hiring company/agency must pay $50 per officer assigned.
577
True or False A commander, if contacted, may provide an estimate for reimbursable services?
True Contact FMS for assistance
578
All motor vehicle accidents shall be reported within ___ hours to the Department of General Services (DGS), Office of Risk and Insurance Management (ORIM), using the _____.
48 hours STD 270, “Report of Vehicle Accident.” ASAP if a death, serious injury, illness, or substantial property damage occurs to a non-state party as a result of a vehicle accident.
579
If an officer conducting a pre-shift inspection observes undercarriage damage, the commander shall cause a report to be prepared. The driver should be listed as ___________.
Unknown.
580
True or False A STD 270 shall be taken when the windshield of a patrol vehicle is struck by a rock thrown up from another vehicle. (property damage only)
False Falls under exception
581
True or False A CHP 208 (Accident Prevention Report) is not required when a STD 270 is completed for liability purposes only.
True
582
Can an employee submit a travel expense to pay for damages to a personally owned vehicle while driving on state business?
Yes. Must first submit to insurance
583
All (Damage) claims in excess of $1000.00 must be filed with ______________________________. Claims must be completed within 6 months of the date of alleged incident.
Victim Compensation and Govt Claims Board.
584
The Department can settle claims for $______or less. A CHP 287 shall be completed.
$1000
585
The ____________ office provides legal counsel for eligible departmental employees in civil lawsuits arising out of an act or omission occurring within their course and scope of employment. The Employee must request representation __________________.
Attorney General’s In writing
586
If the immediate superior or designated agent is tendered service of a subpoena less than ____ working days prior to the date of hearing, and he/she is not reasonably certain he/she can complete the service, he/she may refuse acceptance (Penal Code Section 1328(e))
5 Must notify the server within 48 hours that s/he was unable to serve the subpoena
587
Proper Service (Summons and Complaint / Civil Case). Pursuant to the Code of Civil Procedures Section 415, proper service of a summons and complaint may be affected by one of the following methods:
1. Personal Service 2. Substituted Service 3. Service by Mail
588
Summons and Complaint. A summons and a complaint are the initial legal documents served on the _____________ or ___________when a when a lawsuit has been filed.
Department and/or departmental employees
589
If unable to contact the subpoenaing attorney, and there is not sufficient time for a letter to reach the attorney prior to the appearance, who, if anyone should appear?
Immediate supervisor
590
True or False An employee is subpoenaed to appear as a witness in a criminal proceeding (other than those arising from the performance of official duties or those which he/she is a litigant or an expert witness), he/she shall be granted a leave of absence without pay
False With Pay
591
A uniformed employee responding to a subpoena for the defense shall not appear in court in uniform. True or False
True
592
A uniformed employee responding to a subpoena for the defense shall notify the district attorney and his/her supervisor of such subpoena. True or False
False – Commander (not supervisor)
593
An employee subpoenaed by the defense for the sole purpose of being an expert witness shall complete a ____________.
CHP 318 (secondary employment)
594
What is a subpoena duces tecum?
may compel the production of documents and/or may require the personal appearance of a witness to bring the requested documents. Must be personal served
595
In addition, pursuant to Government Code Section 68097.2, witness fees in the amount of $___, together with the subpoena, shall be tendered for each ___ the uniformed or nonuniformed employee is required to remain in attendance.
$150 Day The $150 fee should not be accepted when the Department is a party (plaintiff or defendant) to the case.
596
If a process server attempts to serve a subpoena for an employee on suspension, the immediate superior or designated agent shall refuse to accept. True or False
True
597
Notices for State Personnel Board hearings must be served on the Attorney General’s Office. They shall not be accepted by the CHP. True or False
True
598
Notices for State Personnel Board hearings must be served on the Attorney General’s Office. They shall not be accepted by the CHP. True or False
True
599
The CHP may accept notices for Workers’ Compensation Appeals Board hearings? True or False
False - must be served on the State Compensation Insurance Fund.
600
When an employee is subpoenaed to testify by the appellant’s attorney as a result of an incident he/she perceived or investigated within the scope of his/her employment (official), the subpoena must be include ___________. It shall be served on the ____________________________.
A $35 witness fee deposit immediate supervisor or designee. If non-official (not resulting from official duties) then served on employee.
601
Is an employee required to respond to an out of state subpoena?
No, unless a California court orders it.
602
Is an employee required to appear as a witness for an SPB hearing 200 miles from home, but still in an adjacent county?
No, 100 miles or same county
603
A CHP 90, Report of Court Appearance - Civil Action (Annex 10-E-1), shall be completed in duplicate for each subpoena received. It shall be submitted within __ hours to Accounting Section along with the ___.
24 Travel Expense Claim
604
An officer testifies for three days at a civil deposition. How many CHP 90’s shall be completed?
3 - One for each day
605
True or False Each Area shall designate a person to release criminal offender record information and that person shall be familiar with proper use and control. The training is to be documented in their personnel file.
True A log shall be maintained of records released for 3 years.
606
Booking slips and arrest reports (are) (are Not) criminal offender record information.
Are not
607
Records of arrest for certain laws relating to marijuana offenses (possession of less than 1 oz., present where it’s used, and using or being under the influence) are subject to a maximum retention of____.
2 years
607
All records shall be destroyed if a civil action has been filed against the arresting officer or Department after 5 years. True or False
False – Shall not be destroyed
608
What are the exemptions to PRA requests?
Prelim / personal notes Records pertaining to pending litigation Personnel and medical records Exams Library and museum materials used solely for reference material Other records exempt by law Invest files Records prepared for Collective bargaining Investigations Juvenile records Intelligence information Materials dealing with officer safety / internal security
609
An Employee’s name and work location are available with a valid PRA request?
True name, work location, classification, assignment, gross salary rate, dates of employment, time base, rehire information, and training received at state expense.
610
Can a BAC be released for an arrestee in the arrest log? What is the fee per page?
No - name, home address, date of birth, gender, and criminal charges against the arrestee. Only business addresses of peace officers arrested shall be placed on the log. $0.30 or $0.50 for microfilm or computer records
611
All requests under the Public Records Act (PRA), other than routine requests (e.g., accident or arrest information, motor carrier records, etc.), shall be immediately sent to the __________.
Legal Coordination Unit
612
People inspecting records pursuant to a PRA request should be placed in a private room? True or False
False - Inspection of records shall be made only in the presence of departmental personnel to prevent them from being destroyed, mutilated, defaced, or altered.
613
True or False Upon receipt of a request for records, the Department must, within 10 days, make a determination whether to comply with the request
True Can be extended if unusual circumstances
614
If charges are not filed, does the defendant have a right to the arrest report?
No – refer to DA
615
Can a departmental employee release driver’s license or vehicle registration information to the individual for which it belongs?
No – Refer to DMV
616
The information Privacy Act (IPA) governs the collection, use, maintenance and dissemination of personal information about individuals by state agencies. True or False
True
617
If a seizure of a vehicle is done pursuant to Asset Forfeiture Laws, the Division AF coordinator shall be notified in ____ hours
48
618
Can an area commander requests AF funds to pay for a specialized enforcement project?
Yes - The requesting command will prepare a detailed project plan, including a project budget/cost analysis. Submitted through channels.
619
What is the max amount allowed by law for DUI cost recovery?
$12,000
620
The Department will seek to recover DUI incident-related costs for alcohol or a combination of alcohol and drugs provided all the following apply:
1. Arrest for 23125/23153 VC or greater 2. Arrested party caused the T/C And one of the following: 1. BAC .08 or higher or commercial .04
621
True or False A conviction is required for DUI cost recovery if the arrestee is a refusal, has a BAC under .08 or chemical test is positive for drugs only
True
622
Staff hours for DUI cost recovery are billed by 10 minute increments or 15 minute increments?
15
623
True or False The time spent by a Sergeant, Lieutenant, or Captain assisting at an accident scene can be included on the CHP 735. This includes their supervision time.
False, supervision time not included
624
A CHP 78, Agreement Request shall be used to initiate all service contracts which are repetitive, regardless of the estimated dollar value or are one-time services exceeding $4,999.99. What process is used for a One-time, short-term, occasional, or annual (single state fiscal year) services under $5,000 from any source within one state fiscal year?
X-number
625
A CHP 78R, Reimbursable Services Contract Request, shall be used to initiate reimbursable service agreements with another state entity regardless of the estimated _______, or with a local government entity, or private sector with an estimated dollar value in excess of $________.
Dollar value $50,000
626
To avoid conflict of interests, all service contracts shall contain what forms?
78V, Conflict of Interest and Confidentiality Statement – Vendor and/or CHP 78S, Conflict of Interest Statement-Employee.
627
True or False A driver license check is required if the contractor and/or specifically assigned personnel are scheduled to be on-site for more than 60 days.
False 30 days
628
On a Saturday, your office has a significant leak in the roof and water will cause significant property damage (Emergency). Who should the commander contact immediately?
For incidents occurring after normal work hours or on weekends, commands shall obtain the required emergency service and contact the BSS Procurement Manager or designee on the next business day. BID PROCESS EXEMPT
629
X-Numbers obtained after services are rendered require approval from ___________.
Asst. Commissioner
630
True or False An area supervisor shall approve all invoices prior to submitting them to FMS?
False – Commander shall
631
RE: X-Number: If service can only be provided by an authorized dealer, can you be exempt from the bid process?
Yes
632
Materials which include information that could reasonably be expected to cause damage to personal and/or departmental security if disclosed shall be considered __________ and requires special handling.
Classified
633
Are materials marked “confidential” exempt from PRA disclosure?
Yes
634
When transmitting classified material to another command, the originating command shall assure a ___________ is attached?
CHP 26, Classified Document Notice
635
Classified material to be transmitted by US mail shall be placed in two envelopes. True or False
True
636
Command level Chapter Inspections shall consist of the ___ (how many) designated by the appropriate Division commander each calendar year
2
637
Are command level inspections required to be sent to the OIG?
No – Division only within 30 calendar days
638
Can a commander appeal and inspection? If yes, how?
Yes On a CHP 51 within 5 working days
639
A chapter inspections utilizes the corresponding _______________.
Inspection checklist
640
A commander receives an anonymous letter stating an issue with following policy in his command. It would be proper for the commander to conduct an inspection to determine the validity. True or False
False - The inspection process shall not be used in response to anonymous letters, internal issues, or as a “management audit.”
641
The commander shall document a response to all of the inspector’s identified deficiencies. This documentation shall not identify any employee(s) responsible for the inspected program by name. True or False
True
642
The commander has 90 days to document a corrective action plan and timeline to correct identified deficiencies True or false
False – shall immediately
643
How many employees (at a minimum) must be present when conducting an evidence room inspection?
2
644
When conducting an Evidence Room inspection, how many items shall be inspected
At least 10 percent of the items, with a minimum of ten items, from the evidence/property system shall be inspected. If discrepancies are revealed, an additional 10 percent of the items, or at least ten additional items, shall be inspected so that a total of 20 percent, or a minimum of 20 items.
645
There shall be only ____ sets of keys for the evidence/property room and temporary storage lockers.
One for each evidence officer plus the commanders key for the evidence/property room and two max for the temporary storage lockers.
646
Change funds over $____ and petty cash funds over $____ are stored in a locked, metal cash box to maintain the fund and receipts, and located in a secure place
100 300
647
If a crime scene is outdoors or in a large area indoors. The initial area for the crimes scene the scene should initially be identified as ______ the distance from the center of the scene to the farthest known piece of evidence.
Twice
648
RE: Interview / Interrogations: Case law requires ___ recordings to be preserved for trial.
All
649
Evidence obtained as a result of an administrative investigation shall be retained for a minimum of ____ years or ___________ whichever is longer.
5 years or the life of the investigation
650
A witness hearing a gunshot and sees the subject flee from the location. This is considered what type of evidence?
Circumstantial
651
A witness observes the subject shoot the victim. This is considered what type of evidence?
Direct
652
What are the three basic types of evidence?
1. Testimonial 2. Documentary 3. Physical
653
After securing the scene. What is the primary concern of the investigator?
Preservation of evidence
654
Plastic bags shall not be used for packaging of specimens that contain __________.
Moisture – such as blood, fingerprint evidence, marijuana plants (not dried)
655
Staples should / shall not be used to seal evidence in any type of container.
Should
656
True or False - Large quantities of controlled substances (in excess of ten pounds) may be destroyed without a court order.
True - pursuant to Health and Safety Code (H&S) Section 11479.
657
True or False - Employees shall place all evidence and property in the evidence/property designated temporary locker prior to the end of their work shift. Employees shall not store evidence or property in a personnel locker or any other location.
True
658
Controlled substances (except marijuana) and unknown substances shall be sealed in heat seal polyester bags. Suspected PCP shall be _________
Double bagged
659
True or False – To determine the net weight of controlled substance for booking, the officer should remove the original packaging.
False – weight as packaged
660
Section 33800 PC states, “When a firearm is taken into custody by a law enforcement officer, the officer should / shall issue the person who possessed the firearm a receipt describing the firearm.
Shall
661
If unloaded a firearm and ammunition can be packaged in the same evidence box. True or False
False - Separate
662
In cases where the Department confiscates live marijuana plants, the plants shall not be removed from the soil or container. True or False
True – Potted plants should be stored in paper bags, cardboard container, or wrapped in paper material
663
Money in excess of $1,000, seized as evidence or for safe keeping, shall not be stored _________.
in an evidence locker/cabinet (including pass-through cabinets). Such items shall be secured inside the evidence room, a secure safe, an allied agency evidence room, or a safety deposit box (cash only) at a financial institution.
664
Who shall be notified to secure money in excess of $1000 during or outside normal business hours.
Area evidence officer, alternate, or Area commander
665
Except for felony cases or cases involving persons ______ _____ years of age, alcoholic beverages should not be seized and retained.
Under 21
666
The CHP 36 serves six purposes. It serves as:
1. Record 2. Receipt 3. Notice (right to property hearing) 4. Declaration (of ownership) 5. Affidavit (people who turn in found prop) 6. Report
667
How is an evidence number generated?
AIS
668
Penal Code Section 11108 requires that all serialized evidence and property be entered into the _______________ or _____________ as appropriate.
DOJ Automated Property System (APS) or Automated Firearms System (AFS) AFS includes conductive energy weapons
669
All firearms are required to be entered into ATF’s ___________________________.
Etrace – Electronic Tracing System
670
True or False In almost all circumstances, All firearms associated with a criminal act that come into the custody of the Department shall be entered into the NIBIN/IBIS.
True NIBIN/IBIS hits should be referred to ISU
671
In the event the appropriate prosecutor declines to file a case, the evidence shall be disposed of ___ days after the date of arrest.
90
672
Pending adjudication, evidence shall be held for the time prescribed by law. There are exceptions, but in general felonies are kept for _________ year(s) and misdemeanors/infractions for _______year(s)
3 1 For non-adjudicated cases check with DA
673
TRUE or FALSE - All evidence retained from threshold incidents (e.g., on-duty officer death, shooting, on-duty traffic collisions, conductive energy weapon deployments) and incidents which may result in litigation against the Department, shall be held at the Area for at least ten years
True
674
Can unclaimed property or evidence from closed and expired cases be used by the Department.
Yes. With approval from the Asst. Comm. For training and educational purposes.
675
Blood and urine samples are required to be retained for a period of one year to allow the defendant an opportunity to have their own test conducted. If there is an early adjudication, the sample may be destroyed immediately. True or False
False
676
Property and evidence are disposed of in the same manner. Name 6 ways to dispose them
(1) Returned to the owner/finder. (2) Sold. (3) Destroyed. (4) Recycled. (5) Discarded. (6) Donations (local charity).
677
Except for firearms, all property taken from a person, other than firearms, shall be held by the Department for a period of 90 days prior to disposal. True or False
True – Firearms 180 days
678
A citizen finds property valued at $300 and turns it into the CHP. If the rightful owner does not claim the property, the evidence officer will place an advertisement in the newspaper. After an additional 7 days, the finder can receive the property if they _______.
Pay for the price of the newspaper advertisement
679
True or False - A court order of return is not needed for the release of marijuana stored as property.
True 1. Using sound professional judgment, determine the validity of the document presented by the claimant. 2. If valid, verify ID
680
True or False - A court order of return is needed for the release of marijuana stored as evidence.
True – verify documents
681
True or False – With some exceptions, a court order is required for the destruction of controlled substances.
True Exceptions are usually associated with drug labs
682
Prior to destruction of controlled substances, what should be conducted at the burn site?
a random test of the controlled substances
683
For Destruction: All shipments will be escorted by ___ employees to ensure accountability.
2 – one must be uniformed Twice per year
684
How do you pay for a drug burn?
X-Number
685
A legal firearm may be released to its lawful owner. What is required:
Proof of ownership, government issued identification card, and a clearance letter from the Department of Justice (DOJ) is required.
686
Owner has 60 days to file an application with Cal DOJ to obtain his clearance letter for a firearm return. If the owner does not contact the CHP after ___ days, the evidence officer should initiate destruction proceedings
180
687
Approval for release obtained by DOJ - Prior to the release of any firearm, the evidence officer shall ensure a criminal history check is performed to ensure __________________________.
Anything recent that would prohibit possession of a firearm (i.e., retraining orders)
688
Section 11108.9 PC requires that an attempt be made to restore the serial number of all firearms that have been altered or have obliterated numbers. All restoration of serial numbers shall be preformed by the ___________.
Academy Weapons Control Unit
689
The Commander shall appoint an evidence ____________, ______________ and _______________.
Evidence officer, alternate evidence officer and supervisor.
690
The evidence supervisor shall conduct __________ (Time Frame) inspections of the property system following the procedures outlined in this chapter.
Quarterly
691
A random sample of property sufficient to validate the integrity of the system shall be verified. At least ___ percent of the items, with a minimum of ___ items, from the property system shall be inspected.
10 10 If discrepancies are revealed, an additional ten percent of the items, or at least ten additional items, shall be inspected. If further discrepancies are revealed, the entire property system shall be inspected to ensure compliance with policy and legal statutes.
692
How are keys to the property/evidence room issued, who has them?
The number of key(s) to the property room shall be limited to the number of primary property officers assigned to the command plus the commander's emergency access key(s).
693
The Area commander or designee shall conduct at least ____ unscheduled (unannounced) inspection of the property room per calendar year.
One
694
How often should a complete 100% inventory of the property/evidence room be completed?
Inventories shall be conducted annually and documented on a memo Also conducted upon change of command or evidence officer.
695
There shall be a maximum of ___ sets of keys for the temporary storage lockers
2 - Primary evidence officer and other to the commander. Both the evidence room and temp storage locker keys assigned to the commander shall be kept in a sealed envelope. One extra temp storage locker key can be kept in the evidence room for the alternate to use.
696
What is the policy for the extra set of evidence keys issued to the commander?
The evidence officer shall seal the envelope with evidence tape, then date and initial the seal. Use of the spare key shall be restricted to the commander or commander’s designee. Any property room entry by use of the spare key shall be documented on the property room entry log.
697
True or False When a change of the evidence officer takes place, the locks shall be changed?
True
698
True or False The evidence officer should not be an active field officer or investigator involved in collecting evidence in the field or court officer
True
699
How are evidence rooms required to be secured (i.e., locks)?
dead-bolt lock or A Personal Identification Number or Biometric scanner that records door access history, may be used instead of a dead bolt if used in conjunction with an intrusion alarm.
700
Properties shall not be left in temporary lockers more than 48 hours, excluding weekends and holidays. True or False
False – one day
701
Drugs, currency, and valuables should be separated from other evidence in a secure location within the property room. True or False
True
702
Section 22655.5 VC applies to vehicles taken as evidence from a highway, public or private property. Permission from a ___________or __________shall be obtained prior to impounding.
supervisor or officer-in-charge (OIC)
703
22655.5 VC impound 180’s: The chain of custody page shall be placed ______________________and placed within the glove box (or other conspicuous location) of the impounded vehicle.
in a plastic California Highway Patrol evidence bag
704
__________ shall be responsible for creating an Area Standard Operating Procedure (SOP) with specific instruction on how MVARS DVDs shall be issued and handled in regard to the Department’s policy established within this manual. Divisions or Areas
Areas
705
Are officers allowed to make a copy of a MVARS DVD to utilize to write their reports
No - Under no circumstances shall an employee make a copy, record a copy, or permanently retain the contents of an MVARS DVD.
706
What form is used to document the issuance and chain of custody for MVARS DVD’s?
A sergeant, officer-in- charge (OIC), or coordinator(s) shall complete a CHP 36D documenting all DVDs issued for the Area each day.