10.3,10.2,10.4

Question 1

(2) While there may be situations where it is appropriate for two employees who have a personal relationship to work in the same program or activity, the Department is particularly cautious regarding the following potentially sensitive situations:

S S D

Answer 1

(a) Where employees who have a personal relationship work in a small unit in close association;
(b) Where employees who have a personal relationship work for the same supervisor; and
(c) Where employees who have a personal relationship have a direct or indirect supervisor/subordinate relationship.

Question 2

b. Written Notice Not Applicable. The advance 60-day written notice is not
applicable to the following transfer actions:

N V A L

Answer 2

(1) Mandatory transfer which does not reasonably require an employee to
change the employee’s place of residence.
(2) Voluntary transfer.
(3) Administrative transfer which is a matter of mutual agreement between the
appointing power and employee.
(4) Mandatory transfer as a result of a layoff situation.

Question 3

(1) The following are discretionary leaves:

R A T I

Answer 3

(a) Regular Leave of absence (reasons listed in paragraph 2.d.).
(b) Adoption Leave.
(c) Temporary Leave of absence.
(d) Informal leave

Question 4

d. Nondiscretionary Leave. When an employee meets the eligibility criteria as specified by the Government Code (GC), California Department of Human Resources (CalHR) rules, BU agreement, or federal or state law, the employee is entitled to the leave as a matter of right. The following are nondiscretionary leaves:

P M D

Answer 4

(1) Pregnancy or Parental Leave.
(2) Veterans’ Educational Leave.
(3) Military Leave.
(4) Spousal Military Leave.
(5) Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA) Leave.
(6) Nonindustrial Disability Insurance (NDI) Leave.
(7) State Disability Insurance (SDI) Leave.

Question 5

9. PREGNANCY DISABILITY LEAVE. Effective January 1, 2013, the California Pregnancy Disability Leave (PDL) regulations were changed with the intent of augmenting the FMLA and CFRA regulations.
   a. General. In addition to leave taken under the provisions of FMLA/CFRA, an employee who is disabled due to _____, _____, _______ is entitled to take unpaid PDL for the period of the actual disability up to _______, per pregnancy, as medically needed.

P C R

b. Eligibility.

Answer 5

pregnancy, childbirth, or related medical conditions
_________

(1) An employee who works for an employer with 5 or more employees.
(2) There is no length of service requirement.
___

four months (17.33 weeks)

Question 6

5. UNACCEPTABLE REASONS FOR SICK LEAVE.
   a. Medical examinations for a life insurance policy, a teacher’s credential, a marriage license, or to qualify for a job outside state service are not valid reasons for sick leave.
   L T M J

C H P

Answer 6

b. Sick leave for family care is not authorized for the care of well children, for household duties, or simply to provide companionship.

Question 7

f. Authorization for Sergeants Earning Compensating Time Off. It is departmental policy that CTO be authorized when sergeants are required to work overtime performing any of the duties listed below:

T T D I P

Answer 7

(1) When on travel status not connected with enforcement duties (e.g., travel to or from the Academy or other school for the purpose of training). Travel in conjunction with a court appearance is considered an enforcement duty.
(2) When on training status (e.g., monthly unit organization meetings or other required training conducted at command level).
(3) When assigned to desk or office duties. Public information officers, headquarters assignments, etc., are considered to be desk or office duties.
(4) When participating in monthly pistol qualifications. Overtime is not authorized for participation or attendance at competitive pistol matches.
(5) When instructing at the Academy or other school as required by the Department.

Question 8

a. Absences When an STD. 634, Absence and Additional Time Worked Report, is Required. An STD. 634 is required to report absences due to the reasons listed below and shall be prepared in accordance with the instructions in this chapter and in the chapter referenced for each type of absence. If an STD. 634 is required, only one STD. 634, per employee, shall be completed for each pay period in which an absence occurred.

Answer 8

(1) Sick leave self and sick leave family illness, whether approved or disapproved. (Refer to Chapter 21, Sick Leave and Bereavement Leave, of this manual.)
(2) Jury duty. (Refer to Chapter 26, Miscellaneous Absences With Pay, of this manual.)
(3) Industrial injury for absence subsequent to the shift during which the injury occurred. (Refer to Chapter 20, Injury/Medical Procedures and Benefits, of this manual for 4800.5 Time, Temporary Disability, Industrial Disability Leave and Industrial Disability Leave with supplementation.)
(4) Approved absence without pay for informal or temporary leave. (Refer to Chapter 8, Leave of Absence, and Chapter 25, Absence Without Pay [Dock], of this manual.)
(5) Appearance as a subpoenaed witness in a matter not arising from official duties. (Refer to Chapter 26 of this manual.)
(6) Vacation/annual leave or other leave credits when used for sick leave purposes. (Refer to Chapter 22, Vacation, Annual Leave, and Holiday-In-Lieu, of this manual.)
(7) Bereavement Leave. (Refer to Chapter 21 of this manual.)
(8) Family and Medical Leave Act. (Refer to Chapter 45, Family and Medical Leave Act/California Family Rights Act, of this manual.)
(9) California Family Rights Act. (Refer to Chapter 45 of this manual.) (10) Nonindustrial Disability Insurance. (Refer to Chapter 8 of this manual.)
27-3 HPM 10.3

Question 9

b. Absences When an STD. 634, Absence and Additional Time Worked Report, is Not Required. An STD. 634 is not required for absences due to the reasons listed below. Refer to the chapter referenced for further information.

Answer 9

(1) Absence without leave. (Refer to Chapter 9, Separations, and Chapter 25 of this manual.)
(2) Military leave of absence, either short-term or long-term. (Refer to Chapter 8 of this manual.)
(3) Regular leave of absence. (Refer to Chapter 8 of this manual.)
(4) Suspension. (Refer to Highway Patrol Manual 10.2, Internal Investigations Manual, Chapter 2, Terms and Definitions.)
(5) Industrial injury for absence on the shift when injury occurred only. (Refer to Chapter 20 of this manual.)
(6) Physical examinations for which time off with pay is allowed. (Refer to Chapter 21 of this manual.)
(7) Vacation used for other than sick leave purposes, or for use on a claim of industrial injury. (Refer to Chapter 20 of this manual.)
(8) Overtime Credits (compensating time off) used for other than sick leave purposes. (Refer to Chapter 20 of this manual.)
(9) Annual Leave used for other than sick leave purposes. (Refer to Chapter 20 of this manual.)
(10) Personal Holiday, Professional Development Days, Personal Leave Program, Holiday Credits, Excess hours, Holiday Informal Time Off, Voluntary Personal Leave, and Furlough hours used for other than sick leave purposes. (Refer to Chapter 23, Meal Periods, Rest Periods, Holidays, and Staggered and Flexible Work Hours, and Chapter 28, Attendance Reporting, of this manual.)
(11) Catastrophic Leave donations received and used (except if used for sick leave purposes).

Question 10

a. Transfer. When an employee is transferred between geographical locations or from a Division or Area to headquarters, their ___, ___, ___, and ___ shall be forwarded to the new command. The files should be forwarded in enough time to arrive at the new command at least one week before the employee’s reporting date.

Answer 10

field personnel file, medical files, subject files, and training records

Question 11

b. Absences When an STD. 634, Absence and Additional Time Worked Report, is Not Required. An STD. 634 is not required for absences due to the reasons listed below. Refer to the chapter referenced for further information.

P R A C I S M LEAVECREDITS

Answer 11

(1) Absence without leave. (Refer to Chapter 9, Separations, and Chapter 25 of this manual.)
(2) Military leave of absence, either short-term or long-term. (Refer to Chapter 8 of this manual.)
(3) Regular leave of absence. (Refer to Chapter 8 of this manual.)
(4) Suspension. (Refer to Highway Patrol Manual 10.2, Internal Investigations Manual, Chapter 2, Terms and Definitions.)
(5) Industrial injury for absence on the shift when injury occurred only. (Refer to Chapter 20 of this manual.)
(6) Physical examinations for which time off with pay is allowed. (Refer to Chapter 21 of this manual.)
(7) Vacation used for other than sick leave purposes, or for use on a claim of industrial injury. (Refer to Chapter 20 of this manual.)
(8) Overtime Credits (compensating time off) used for other than sick leave purposes. (Refer to Chapter 20 of this manual.)
(9) Annual Leave used for other than sick leave purposes. (Refer to Chapter 20 of this manual.)
(10) Personal Holiday, Professional Development Days, Personal Leave Program, Holiday Credits, Excess hours, Holiday Informal Time Off, Voluntary Personal Leave, and Furlough hours used for other than sick leave purposes. (Refer to Chapter 23, Meal Periods, Rest Periods, Holidays, and Staggered and Flexible Work Hours, and Chapter 28, Attendance Reporting, of this manual.)
(11) Catastrophic Leave donations received and used (except if used for sick leave purposes).

Question 12

1. STD. 634, ABSENCE AND ADDITIONAL TIME WORKED REPORT.
   a. Absences When an STD. 634, Absence and Additional Time Worked Report, is Required. An STD. 634 is required to report absences due to the reasons listed below and shall be prepared in accordance with the instructions in this chapter and in the chapter referenced for each type of absence. If an STD. 634 is required, only one STD. 634, per employee, shall be completed for each pay period in which an absence occurred.

A S S J I F B LEAVECREDITS

Answer 12

(1) Sick leave self and sick leave family illness, whether approved or disapproved. (Refer to Chapter 21, Sick Leave and Bereavement Leave, of this manual.)
(2) Jury duty. (Refer to Chapter 26, Miscellaneous Absences With Pay, of this manual.)
(3) Industrial injury for absence subsequent to the shift during which the injury occurred. (Refer to Chapter 20, Injury/Medical Procedures and Benefits, of this manual for 4800.5 Time, Temporary Disability, Industrial Disability Leave and Industrial Disability Leave with supplementation.)
(4) Approved absence without pay for informal or temporary leave. (Refer to Chapter 8, Leave of Absence, and Chapter 25, Absence Without Pay [Dock], of this manual.)
(5) Appearance as a subpoenaed witness in a matter not arising from official duties. (Refer to Chapter 26 of this manual.)
(6) Vacation/annual leave or other leave credits when used for sick leave purposes. (Refer to Chapter 22, Vacation, Annual Leave, and Holiday-In-Lieu, of this manual.)
(7) Bereavement Leave. (Refer to Chapter 21 of this manual.)
(8) Family and Medical Leave Act. (Refer to Chapter 45, Family and Medical Leave Act/California Family Rights Act, of this manual.)
(9) California Family Rights Act. (Refer to Chapter 45 of this manual.) (10) Nonindustrial Disability Insurance. (Refer to Chapter 8 of this manual.)
27-3 HPM 10.3

Question 13

h. Reasons for Leave. The FMLA/CFRA leave may be taken for the following reasons:

C S V M

Answer 13

(1) Birth and care of an employee’s newborn child.
(2) Care for a newly adopted or placed foster child.

HPM 10.3
45-10

(3) Care for an immediate family member (employee’s spouse or domestic partner, child, child of domestic partner, or parent) who has a serious health condition, which requires the employee to provide care.
(4) Employee’s own serious health condition that makes the employee unable to perform the essential functions of their job.
(5) Employee is a victim of domestic violence, sexual assault, or stalking. Refer to Chapter 26, Miscellaneous Absences with Pay, of this manual.
(6) Family and medical events as specified in the Family and Medical Leave Act–Military Leave Entitlements policy. (Refer to paragraph 2.)

Question 14

(1) To be eligible for FMLA/CFRA benefits, an employee must have at least ___ months (52 weeks) of state service, and have worked at least ______hours (actual time worked) immediately before the date the FMLA/CFRA leave is to start.

M O U

Answer 14

12, 1,250

(a) The hours do not need to be worked consecutively.
(b) Time off for sick leave, vacation/annual leave, administrative time off,
compensating time off, holidays, informal time off, or personal leave are not counted towards the 1,250 hours of work.
(c) Overtime hours are counted.
(d) Time off for military leave is counted.
(e) Union Paid Leave may count.
(f) Any paid leave due to job-related injuries or illness will not be counted
towards satisfying the 1,250 hours worked requirement. The 12-month period is measured backwards from the date an employee uses any FMLA/CFRA leave.

Question 15

Once initiated, an administrative investigation has four possible outcomes:

A R M N

Answer 15

Adverse Action
Rejection During Probation
Miscellaneous Investigation
Non-punitive Termination

Question 16

(a) 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:

Answer 16

1 Formal written reprimand.
2 Suspension.
3 Reduction in salary.
4 Demotion.
5 Involuntary transfer.
6 Dismissal.

Question 17

An administrative investigation in which the employee is exonerated, separates from state service, transfers to a new agency, or the conduct does not warrant adverse action or rejection during probation. Refer to Chapter 7, Investigation Documentation.

Answer 17

Miscellaneous Investigation

Question 18

Actions resulting in involuntary separation from state service, although not as a disciplinary measure. Examples include termination resulting from absence without leave, failure to meet minimum qualifications, and medical disqualification. Refer to Chapter 10, Separations During an Internal Investigation.

Answer 18

(d) Non-Punitive Termination.

Question 19

b. Nexus to Employment. The Department shall only investigate allegations of misconduct when there is a nexus (or connection), between the act(s) and the individual’s employment with the Department. Such a nexus is necessary to establish a basis for disciplinary or corrective action. Nexus is established in the following circumstances:

O C F O C D MERE KNOWLEDGE IS INSUFFICIENT

Answer 19

(1) The act(s) occurred while the employee was on duty, regardless of location or assignment.
(2) All criminal acts by uniformed employees, either on or off duty.
(3) All criminal acts by non-uniformed employees, either on or off duty, which
constitute a felony or crime of moral turpitude.
(4) While off duty, an individual’s employment status is affirmatively established by an overt act. Examples include employees who are subject to enforcement action requesting leniency while identifying themselves as members of the Department, or employees identifying themselves as members of the Department.
(5) Any off-duty misconduct with a clear connection to the employee’s continued ability to effectively perform the duties of the employee’s position. For example, a non-uniformed employee with a suspended driver license cannot perform duties which require a valid license.
(6) The misconduct is of such a nature that it could bring discredit to the Department.
(7) Normally, mere knowledge of employment status with the Department is insufficient to establish a nexus.
HPM 10.2 2-4

Question 20

Discipline which involves a penalty consisting of a one to five working day(s) suspension or equivalent step-reduction in pay. Applies to Bargaining Unit 5 members only (officers and sergeants).

Answer 20

ff. Minor Discipline.

Question 21

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.

Answer 21

k. Coleman Hearing. (Coleman v. Department of Personnel Administration (1991) 52 Cal.3d 1102.)

Question 22

(g) Memorandum of Counseling. A memorandum of counseling (MOC) is an initial level of corrective documentation. A manager or supervisor may provide written comments on a MOC, including directives and expectations. The MOC ________________. the Bazemore Admonition. (Refer to Annex A.)

Answer 22

does not normally contain

Question 23

(i) Censurable CHP 2, Incident Report. This is an alternate form of documentation which should contain a manager’s or supervisor’s written documentation of an employee’s actions, as well as directives and expectations. A censurable CHP 2 should be used for a single act which is not likely to recur in the future. (Refer to Annex B.) The censurable CHP 2____________ the Bazemore Admonition.

Answer 23

shall not contain

Question 24

(D)Monthly Evaluation Comment (CHP 100, CHP 100 PSD, CHP 112). A manager or supervisor may provide written comments including directives and expectations on the employee’s monthly evaluation. The monthly evaluation comment __________ the Bazemore Admonition.

Answer 24

shall not contain

Question 25

(h) Memorandum of Direction. When poor performance or misconduct merits more severe disciplinary measures, but falls short of a request for initiating an adverse action, a memorandum of direction (MOD) may be issued. The MOD ____________the Bazemore Admonition.
(Refer to Annex C.)

Answer 25

shall contain

Question 26

(1) Conditions Needed for Cause. Ensure there is sufficient cause for the discipline prior to initiating an investigation. If the cause for action is not legally sufficient, or if management has acted arbitrarily, capriciously, or discriminatorily, the manager or supervisor may be subject to disciplinary and legal repercussions. The following conditions must be met to establish cause:

R C E N T P

Answer 26

(a) The rules or standards the employee has violated must bear a reasonable relationship to the employee’s specific job and/or the goals and mission of the Department.
(b) The employee must have clear knowledge of the rules or standards the employee is charged with violating, preferably supported by signed documentation indicating the employee received relevant training or even copies of the rules and standards.
(c) The rules or standards must be equitably enforced.
(d) If adverse action results from an employee’s off-duty conduct, there must be a rational relationship (nexus) between the misconduct and the employee’s position. This includes the use of one’s official position to obtain favorable treatment or gratuity.
(e) The investigation must be thorough, impartial, and objective to determine whether the misconduct occurred as alleged.
(f) There must be sufficient, legally admissible preponderance of evidence to support that the alleged misconduct occurred.

Question 27

h. Civil Rights Investigations. Civil rights violations are identified in federal statutes and are criminal in nature. Investigations are normally conducted by the Federal Bureau of Investigation, U.S. Department of Justice, State Department of Justice, or Department of Fair Employment and Housing. If an employee of this Department is requested to be interviewed by investigators pursuant to a civil rights investigation, the following guidelines shall apply:

C S R

Answer 27

(1) The decision to consent to an interview with an outside investigator regarding a civil rights investigation shall be at the sole discretion of the departmental employee (either as a witness to, or the subject of, an investigation).

(2) If such an interview is conducted on state time, a departmental supervisor shall be present.

(3) To preserve the accuracy of the statements, interviews conducted on state time shall be tape recorded.

Question 28

f. Non-Uniformed Criminal Misconduct. Allegations involving potential criminal misconduct by a non-uniformed employee shall be administratively investigated only under the following circumstances:

F M N

Answer 28

(1) Any criminal misconduct which could lead to a felony conviction.

(2) Any criminal misconduct constituting a misdemeanor involving moral
turpitude.

(3) Any criminal misconduct where the employee has established a nexus to the Department.

Question 29

INTRODUCTION. The principal goal of all internal investigations is to objectively identify the facts regarding allegations of misconduct or substandard performance. For each allegation, the investigator must examine:

P V P

Answer 29

a. If the alleged act(s) or omissions actually occurred and what proof* can be obtained.
b. What the employee specifically violated* (GovernmentCode,policy,etc).
c. What prior* knowledge did the employee have that such conduct was not acceptable (through training, experience, prior progressive discipline, admission of knowledge, etc.).

Question 30

b. Search of Locker/Storage. An employee shall not have an assigned locker, or other place for storage, which are owned or leased by the Department, searched unless the search is conducted under any one of the following conditions:

P C W N

Answer 30

(1) In the involved employee’s presence.
(2) With the involved employee’s consent.
(3) After a valid search warrant has been obtained. If requesting a search
warrant, the appropriate prosecuting authority should be consulted after notifying the appropriate Assistant Commissioner.
(4) When the involved employee has been notified that a search will be conducted. The employee should be provided a reasonable opportunity to respond to the Department’s search location and observe the search.

Question 31

d. “Other” Complaints. 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:

C R D F

Answer 31

• Departmental complaint
• Citation Validity complaint (if this is the sole allegation) –
  -Rescinded complaint
• Frivolous complaint

Question 32

e. Non-Complaints. Issues brought to the attention of the Department which are not normally considered citizens’ complaints for the purpose of investigation and documentation in accordance with this manual. Refer to Chapter 3 for specific guidance on the acceptance and proper processing of these complaints. Examples of such non-complaint issues include:

S O O T

Answer 32

• Traffic
• Vehicle Storage/Impound Validity
• Other Agency
• Off-duty conduct

Question 33

b. Category I Complaint.

P R I C E S
D U F

Answer 33

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.

Question 34

c. Category II Complaint.

V N N

Answer 34

Complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct.

Question 35

b. Specified. A complaint allegation will have one of five findings. Each is listed below, in order of severity. Refer to Chapter 6 for more detailed explanations and examples.

S U U D E

Answer 35

(1) Sustained - The act (or omission) did occur, and it is deemed improper.
(2) Unintentional Error - The act (or omission) did occur and it is deemed
improper, but was the result of an employee’s honest mistake.
(3) Undetermined/No Finding - Used only when the evidence, or lack thereof, precludes the investigator from making a definitive judgment.
(4) Departmental - Used when the employee’s actions are fully in compliance with Department policy and/or procedure, but the policy or procedure itself is found to be erroneous or is the cause of the complainant’s concerns. Departmental is also the only allowable finding for Departmental complaints.
(5) Exonerated - The employee did not commit the act (or omission), or did commit the act and it is deemed to be proper or within Department policy.

Question 36

An allegation that a citation issued was invalid, or was at least partially inaccurate. Normally a Category II complaint, a _____ allegation may be processed as an ‘Other’ complaint if there are no other allegations by the complainant.
HPM 10.4 2-2

Answer 36

Citation Validity.

Question 37

An allegation which is solely against a Department policy or procedure, and NO employee misconduct is alleged. In these cases, “Department” shall be listed as the employee on the CHP 240, Complaint Investigation face page. If the only allegations in the complaint are Departmental, then it is considered a Departmental complaint and should be documented as an Other complaint.

Answer 37

h. Departmental Allegation/Complaint.

Question 38

A complaint which is totally and completely without merit, or which is filed for the sole purpose of harassing an employee. This includes complaints which are questionable or irrational.

Answer 38

i. Frivolous complaint.

Question 39

A complaint regarding the complainant’s concerns of a specific traffic condition, usually due to a perceived lack of enforcement. Traffic complaints are not normally considered to be citizens’ complaints. Refer to Chapter 3.
EXAMPLE: A citizen complains that no one enforces the stop sign in front of her residence. However, if the same complainant also states the reason the stop sign is not being enforced is because she recently observed Officer Smith asleep in his patrol car under a shady tree one block away, then this should be considered a citizens’ complaint against Smith.

Answer 39

q. Traffic Complaint.

Question 40

a. Required Documentation. All category I, II, and Other complaints shall be documented with a ___, ___, ___, ___, ___.

Answer 40

CHP 240, Complaint Investigation (1/99 or later revision), a CHP 240C, Witness List (if applicable), the appropriate narrative, and relevant exhibits.

Question 41

(a) According to the National Incident Management System (NIMS), and the California Standardized Emergency Management System (SEMS), a request for mutual aid by an allied agency for Mobile Field Force is defined as a minimum of___ uniformed personnel, to be dispatched in___ general purpose patrol vehicles, unless otherwise specified in writing by the requesting agency.

Answer 41

52 CHP, 14

Question 42

a. In accordance with the Department’s mission and objectives, the CHP will normally respond to the following types of civil unrest/disobedience incidents:
H O P

Answer 42

(1) An incident which affects state or county highways where the Department has primary investigative authority.
(2) An incident which affects state property where the Department has primary investigative authority.
(3) An official request for mutual aid assistance made by an allied agency in accordance with existing policy and the California Office of Emergency Services Law Enforcement Mutual Aid Plan (refer to HPM 50.1).

Question 43

a. Requirement for Extension. In the event a probationer has not worked the hours set
forth in paragraphs 3.a.(1) and 3.a.(2), probation will be extended until the probationer
has worked the required number of hours during the prescribed calendar length of the
probationary period.
(1) If serving a 6-month probationary period, ____ hours; or
(2) If serving a 12-month probationary period, _____ hours.
b. Determination of Total Hours Worked.

Answer 43

840, 1680

In determining total hours worked, vacation,
sick leave, military leave, or other leave of absence, compensating time off, suspension
or other separations, including separations subsequently voided or otherwise set aside,
shall not be considered working time

Question 44

e. Length of a Regular Leave. A leave for up to ______, for reasons identified in paragraph 2.d., may be granted by the appropriate Commissioner. A _______leave may be extended up to _______ if approved by the appropriate Commissioner prior to the expiration of the original _____ leave.

Answer 44

1-year, 1-year, 1 additional year, 1-year

Question 45

REGULAR LEAVE OF ABSENCE.
d. Reasons for Leave.

F L O U T S V S

Answer 45

(1) To attend school* or college, or to enter training to improve the quality of the
employee’s service.
(2) Temporary* incapacity due to illness or injury. (Not applicable when on SDI or NDI.)
(3) Loaned* to another governmental agency for the performance of a specific
assignment.
(4) To seek* or accept other employment during a layoff situation or otherwise lessen the
impact of an impending layoff.
(5) Family* illness or obligation. (Not applicable when on FMLA/CFRA leave.)
(6) Union* activity.

(7) Victim* of domestic violence, sexual assault, or stalking. (Refer to
Chapter 26, Miscellaneous Absences With Pay, of this manual.)
(8) For some other* reason equally satisfactory as determined by the appointing power.

Question 46

PG 8-9
3. ADOPTION LEAVE.
a. Government Code Section 19991.6(c)(3) provides an appointing power may grant a permanent employee’s request for a leave of absence without pay for the adoption of a child for a period _____.

Answer 46

not to exceed 1 year.

Question 47

4. TEMPORARY LEAVE OF ABSENCE.
   a. Maximum Length of Temporary Leave. Commanders may grant a temporary leave of absence without
   pay to any employee for a period ____. (A temporary leave of absence may
   also be granted to an employee who does not have permanent status)

Answer 47

not to exceed 30 calendar days

Question 48

INFORMAL LEAVE.
a. Maximum Length of Informal Leave. Commanders may grant an informal leave of absence without
pay for a period _______ or _______ or _______. A holiday is counted as a working day.
The commander shall not grant paid absences to break the continuity of a leave of absence without pay.

Answer 48

not to exceed 11 working days in a 22-day pay period

10 working days in a 21-day
pay period

11 consecutive working days between pay periods

Question 49

(1) Absent Without Leave. Automatic resignation is the separation of an employee who is AWOL for _______, whether the absence is voluntary or involuntary. If the employee’s time
base is other than full time,______ are considered
the five working days of AWOL, in accordance with GC Section 19996.2.

Answer 49

5 or more consecutive working days

5 of the employee’s consecutively scheduled working days

Question 50

Factors which may lead a commander or investigator to conclude that a complaint is Frivolous include:

P R P F D

Answer 50

(a) The allegations appear to be, on their face, preposterous*.

(b) The complainant refused* to sign or did not return the CHP 240B (uniformed employees only). However, the mere fact a complainant declines to sign or return a CHP 240B, should not, in of itself, be considered grounds to deem a complaint as frivolous. That is, the CHP 240B should not be considered a ‘litmus test’ for the acceptance or investigation of a complaint. It is, however, a strong indicator that a complainant’s motives may be suspect.

(c) The complainant has previously* filed other frivolous complaints with this Department or another agency. Contact BIA for information regarding an individual’s history of complaints with the Department.

(d) The complainant has provided conflicting or false* statements.

(e) The allegations are severely dated*, and the complainant cannot reasonably explain the necessity for not filing the complaint in a more timely manner.

Question 51

b The AWOL notice is to be sent by overnight mail, not certified mail. This should be supported by a Proof of Service by Mail (Annex D). Upon mailing the AWOL notice, a copy of both the notice and the Proof of Service by Mail should be sent to the Office of Internal Affairs (OIA) and HRS. Service is effective _____ after the postmark date for addresses within California, ____ after the postmark for addresses outside California but within the United States, and ____ after the postmark for addresses outside the United States. The notice must be sent to the employee’s last known place of residence. If the notice is returned as undeliverable, the notice shall be placed in the employee’s personnel file to verify the attempt to contact the employee.

Answer 51

5 calendar days,

10 days,

20 days,

Question 52

(2) Uniformed personnel electing to carry a firearm onboard an aircraft shall carry it concealed either on their person or within their immediate reach. Under no circumstances shall a firearm be placed in an overhead storage compartment. In addition, personnel shall carry their ____ and ____ or _____ while traveling armed.

(5) Uniformed personnel will not be authorized to fly armed if they are not in possession of their departmental badge, ID card, and driver license.

(7) Pursuant to CFR Section 1544.219, when flying armed, the consumption of alcoholic beverages will be prohibited eight hours prior to and during a flight.

Answer 52

departmental badge and either flex-cuffs or handcuffs,

Question 53

e. All complainants shall be acknowledged by correspondence within ____ of the Department’s notification of the complaint. As an exception, interim correspondence is not required if the complainant originally contacted the Department in person and the requisite information normally contained in an interim letter was provided at that time.

Answer 53

five (5) business days

Question 54

(1) If the complaint involves a departmental peace officer, the complainant shall be requested to sign the advisory statement on the CHP 240B. In either case, the complainant shall be requested to return the CHP 240B or CHP 240D within _____. When the CHP 240B or CHP 240D is mailed to the complainant, a return envelope shall be provided to facilitate the return of the form to the command.

Answer 54

ten (10) business days

Question 55

(2) Third Party. If the complaint is from a third party (see Chapter 2 for the
definition), send the inquiring party correspondence acknowledging receipt of their concerns and informing them that the allegedly aggrieved party will be contacted directly. The command shall then contact the complainant directly to ascertain their intentions, normally with a requested turnaround period of _____.

Answer 55

30 days

Question 56

d. Suspenses. 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 _____. The suspense period for legislative complaints is _____. In general practice, the desire to conduct thorough and complete investigations should outweigh suspense considerations.

Answer 56

sixty (60) days,

thirty (30) days,

Question 57

(1) CHP 738, Notice of Eligibility and Rights and Responsibilities.
(a) Supervisors shall be responsible for completing and providing an employee with the CHP 738 within ____ 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.

Answer 57

5 business days

Question 58

(2) CHP 739, Designation Notice.
(a) Supervisors shall be responsible for completing and providing an employee with the CHP 739 within _____ after the employee has submitted the applicable completed medical certification form.

Answer 58

5 business days

Question 59

(a) General Information.
1 A supervisor will become aware of a need for leave when an employee has either requested family or medical leave (verbally or in writing), notified the supervisor of a need for a leave that may qualify for FMLA/CFRA leave (verbally or in writing), or has been absent from work for more than ____, for a reason that may qualify under FMLA/CFRA.

Answer 59

3 consecutive days

Question 60

b. Representation Reporting. A CHP 610 shall be completed by all departmental employees who provide representation for employees or on behalf of a recognized employee organization. State release time, dock time, or time from a release time bank utilized for these purposes is to be entered to the nearest ____. Completed forms are to be submitted to the supervisor within_____ following the date of representation.

Answer 60

half-hour,

two working days

Question 61

REQUESTING TIME OFF.
a. Employees requesting time off for representational activities or employee organization business shall comply with the following procedures:

Answer 61

(1) Representational Purposes. When a representative requests state release time, the representative shall inform their supervisor of the reason (i.e., grievance, adverse action) and the amount of time needed based upon the general purpose for the state release time.

(2) Meet-and-Confer. Requests for the use of state release time for meet- and-confer purposes shall be submitted to the appropriate commander. Such requests should be in writing and should include the subjects to be discussed, the number of persons planning to attend, and the names of departmental employees for whom state release time is requested.

(3) Bank Time. Request for time off which will be charged to an employee organization bank shall be made to the representative’s supervisor. Approval of time off is subject to the needs of the command.

(4) Reimbursable Paid Leave of Absence.
(a) Procedures for Requesting Leave. An eligible employee may request a reimbursable paid leave of absence by submitting a completed CHP 614 to their supervisor. The supervisor’s decision on whether the leave is approved should be made as soon as possible, and prior to the scheduled leave date(s).
(b) Advance Notice. There are no specific advance notification requirements contained in the contract. The more advance notice the exclusive representative provides, the greater the ability the Department has to grant a request. Depending upon the employee’s work assignment and length of leave requested, a two to four week prior notice should be the minimum under normal circumstances.

Question 62

MOU

c. Standards of Sick Leave Usage
(1) As used in this section, “Sick Leave” means the necessary absence from duty of
an employee because of:

I D D F R M

Answer 62

(a) Illness or injury* including illness or injury relating to pregnancy;

(b) Exposure to contagious disease* or virus which is determined by a physician
to require absence from work;

(c) Dental*, eye or other physical or medical examinations or treatments by a
licensed practitioner;

(d) Absence from duty for attendance upon the employee’s ill or injured mother,
father, husband, wife, son, daughter, brother, sister, domestic partner that
has been defined and certified with the Secretary of State’s office in
accordance with Family* Code Section 297, or any person residing in the
immediate household. Such absence shall be limited up to 48 hours during
any one calendar year;

(e) Death* of a person in the employee’s immediate family is provided for in the
bereavement policy herein;

(f) Pending disability retirement* subject to the provisions of HPM 10.3, Personnel
Transactions Manual, Chapter 21.

(g) Medical* appointments or examinations for injuries or illnesses arising out of
and in the course of duty, since such time is not eligible for benefits conferred
by Labor Code section 4800.5 after an employee returns to work or deemed
able to return to work.

Question 63

MOU

(1) The Department head or his/her designee may require the employee to
provide verification of reason for sick leave usage from a physician or other
person having knowledge of the condition. Verification may be required after
the ____ of sick leave usage.

(2) The Department head or his/her designee may require a doctor’s certificate
or other verification of illness for every sick leave absence, regardless of
length, if it appears the employee is using sick leave improperly and
discussions with the employee have shown no positive results.

(3) Sick leave may be used in increments of _____.

Answer 63

second consecutive day,

30 minutes

Question 64

j. Closing Documentation. The final documentation provided to an employee at
the conclusion of an internal investigation. Closing documentation is the ____,____,____,____. The Bazemore Admonition shall be included in all MODs.

Answer 64

Notice of Adverse Action,
MOD,
Memorandum of Findings (MOF), or
CHP 2