2009 Quiz Flashcards
The Department has extended POBR rights to all employees except who?
Cadets
Who has the final approval authority for adverse action penalties?
The Commissioner
Who has the final review of adverse action penalties are as follows:
(1) Divisions - Formal Written Reprimand, five-day suspensions.
(2) Assistant Commissioner, Field - 6 through 20-day suspensions, removal of Bargaining Unit 5 personnel from specialty pay positions for field personnel.
(3) Assistant Commissioner, Staff - 6 through 20 days, for headquarters personnel, and rejections during probation for cadets.
(4) The Commissioner or Deputy Commissioner - excess of 20 days, dismissals, demotions, and rejections during probation.
Adverse action does/does not include censurable Incident Reports (CHP 2), memorandums of correction/direction, or other documentation of supervisory counseling.
does not
If an employee is placed on a Leave of Absence With Pay exceeding _____ days, the Department must notify the Department of Personnel Administration
5 (five)
If an employee is placed on a Leave of Absence With Pay exceeding _____ days, approval must be obtained from the Department of Personnel Administration.
30 (thirty)
How many days does a commander have before the investigation is forwarded to IAS?
60 days
Whenever any employee of this Department learns that another agency is conducting any investigation involving departmental personnel, he/she shall/should immediately notify his/her commander. Commanders shall ensure this requirement is reviewed with employees at least _________.
shall/annually
If collected evidence in an administrative investigation will not be retained in its original condition until the case is fully adjudicated, the employee’s commander should/shall ensure that proper notice of pending destruction/repair is provided to the subject employee and his/her designated representative by way of memorandum.
shall
If the commander feels a polygraph would be desirable, he/she shall request approval through channels from who?
Office of the Commissioner
The decision to consent to an interview with an outside investigator regarding
a civil rights investigation shall be at the sole discretion of who?
Departmental employee
Closing documentation as a result of a miscellaneous investigation to the employee shall not be signed or provided to the employee until the investigation has been approved by who?
Appropriate Assistant Commissioner or Office of the Commissioner.
All supervisors and ________ shall be trained in all aspects of POBR and collective bargaining agreements.
managers
If a Bargaining Unit 5 employee loses or damages departmentally issued equipment and the Department allows the employee, with his/her agreement, to reimburse the Department, can the Department take corrective action?
No
Who is responsible for the accuracy and thoroughness of the investigative file prior to transmittal to the next level of review.
Commander
How long are copies of the adverse action investigative files kept?
5 years
With the exception of dismissals and rejections, the effective date of the adverse action should be not less than _____calendar days from the date of service.
25
The employee must be allowed a minimum of ________ days between service of the final notice of adverse action and the predisciplinary hearing date to respond to the Hearing Officer.
5 working
Managerial employees must be notified ____ days prior to the effective date of the adverse action, and allowed ____ days to respond to the Predisciplinary Hearing Officer.
20/ten
Managerial employees shall not be suspended for ____ days or less when facing discipline.
Five
After review and approval by the appropriate _______________ , the
originating command will be notified to issue the closing documentation
Assistant Commissioner
Not later than ________ days after service of an adverse action, the employee may file an appeal with the State Personnel Board (SPB).
30 calendar
Not later than _______ days after the effective date, a rejected probationary employee may file an appeal with SPB.
15 calendar
Who is ultimately responsible for the administrative investigation through completion of the appeal process.
The Commander
Who is authorized is authorized by the Government Code to approve settlements and/or stipulated agreements.
Office of the Commissioner
Any inquiries regarding the release of information in an adverse action should be coordinated with whom?
Legal Coordination Unit and the Internal Affairs Section.
If any person requests information concerning a Notice of Adverse Action, they ordinarily shall be referred by the commander to?
State Personal Board (SPB)
Are miscellaneous investigations subject to public disclosure?
No, miscellaneous investigations are not filed with SPB and therefore are not subject to public disclosure.
The imposition of the penalty for minor discipline will be no earlier than ____ calendar days from the date of service of the final Notice of Adverse Action.
25
Written response must be submitted to the Predisciplinary Hearing Officer within ____ calendar days of the service of the notice of minor discipline.
10
If the employee requests a meeting with the Predisciplinary Hearing Officer, the meeting shall take place within ____ days of service of the final notice.
10
In minor discipline, if the employee’s response is in writing, the Predisciplinary Hearing Officer’s response is required within ____ calendar days of the employee response.
14
In minor discipline, if the employee’s response is verbal, the Predisciplinary Hearing Officer’s response is required within _____ calendar days of the meeting.
7
In an arbitration hearing, the Department and union are required to submit relevant documents to the arbitrator no less than ____ calendar days prior to the hearing.
30
If the employee is not satisfied with the decision of the Predisciplinary Hearing (PDH) Officer, the union may submit an appeal to the Commissioner in writing within ______ calendar days of the date of the PDH Officer’s written decision.
14
Prior to interrogation, the employee shall be informed of the ____ , ______ , and
_______ of the person in charge of the interrogation, the interrogators, and all persons to be present (3303(b) GC).
name, rank, and command
All questions directed to the employee under investigation shall be asked by and through no more than ____ interrogators at one time (3303(b) GC).
two
The employee shall be informed of the nature of the investigation ______ to any interrogation (3303(c) GC).
prior
Can the employee under investigation be subjected to visits by the press or news media, or have their home address and photograph given to the press without their express consent? (3303(e) GC).
No
If the complete interrogation of the employee shall be tape recorded, does the employee have right to bring his/hers own recording device? (3303(g) GC).
Yes
If the employee requests access to the tape recordings of a previous interrogation prior to a subsequent interrogation, is the Department obligated to provide them?
Yes
Whenever an interrogation focuses on matters, which are likely to result in adverse action, does the employee have the right to be represented?
Yes
Is the employee entitled to representation in the normal course of duty, counseling, instruction, issuance of Incident Reports (CHP 2), informal verbal admonishment? (3303(i) GC).
No
Does the employee have to read and sign any document placed in their personnel file that has any comment adverse to their interest indicating they are aware of it? 3305 GC
Yes
An employee shall have ________ days within which to file a written response to any adverse comment entered in his/her personnel file. (3306 GC)
30 calendar
Can an employee be compelled to submit to a polygraph examination against his/her will.
No
The employee shall not have his/her assigned locker, or other place for storage, searched unless the search is conducted under any one of the following conditions:
(a) In his/her ________.
(b) With his/her ________.
(c) After a valid __________ has been obtained.
(d) Where the employee has been _________ that a search will be conducted.
(a) presence
(b) consent
(c) search warrant
(d) notified
Exams are administered by ___________ and ____________.
Selection Standards and Examinations
PSD II may be tested only once during any consecutive _______ month period.
24 months
Vacant PSD positions may be refilled upon ________ _______ authorization.
Communication center Commander’s
All PSD II’s are required to attend _________ immediately upon hire.
Phase I training class
Permissive reinstatements for former uniformed employees are at the discretion of the _______ solely.
Commissioner
Temporary Authorization (TAU) positions are authorized when _______ ______.
list of eligible employees has been exhausted and/or there is no certification list of eligible employees for the classification
A former uniformed employee wishing reinstatement must apply in _______ within ______.
writing to the Commissioner within 3 years
All employees granted permissive reinstatement must serve __________.
one year probationary period in their initial field assignment
All uniformed employees that are mandatory reinstatements must be at least ______ ______ from compulsory retirement age.
6 months
Department must give a _______ _______ advance notice in writing for all mandatory transfers minus certain exceptions.
60 day
All resident post officers must ________ at the location of resident post.
reside
All uniformed personnel with rank of ________ or higher and non-uniformed commanders and higher may give Oath of Allegiance.
Sergeant
When supervisor recommends denial of merit salary adjustment, s/he shall inform the employee in _______.
writing
Denial of merit salary adjustment may be appealed through the _______.
grievance procedure
All permissive reinstatements and interdepartmental transfers must serve a
probationary period
Employees who are required to serve a six or twelve month probation period must work ____ / _____ hours during six/twelve month probation period.
840 hours/ 1680 hours
Commander can grant temporary leave to an employee not to exceed _______.
30 days
Short term military leave is when employee will be gone _______ days or less.
180 days
Pregnant female employees may take a leave of absence without pay not to exceed _________.
1 year
Long term military is when employee will be gone for more than 180 days but less than __________.
4 years
Employees should notify their commander at least ________ prior to the date of their military leave.
30 days
Employees shall be allowed to take unpaid spousal military leave if spouse is on leave from a military conflict not to exceed _________.
10 days
There are two categories of employee separation, they are:
temporary and permanent separation
Termination for medical reasons, military leave, suspension, informal leave, involuntary leave, disability retirement, are considered _______ ________.
temporary separations
An employee may withdraw a voluntary resignation as long as they do so prior to ____________.
resignation effective date
An employee is automatically resigned if the employee is AWOL for ________ or more consecutive working days.
5 days
Commanders must conduct a ____ _____ for employees who are separating by resignation.
exit interview
Uniformed members shall be denied their CCW privileges upon retirement for the following conditions:
Dishonorable discharge, Psychological disability, and if denied for good cause.
When employee is overpaid, payroll can not recoup more than ______ percentage of employee’s net salary.
25%
Employee can make monthly payments to repay the overpayment, however must be fully paid within _________.
1 year
All uniformed members, dispatchers, dispatch supervisors, non-uniformed commanders/chiefs must maintain a _____________.
residential phone
Employees can donate time to approved catastrophic leave from any of the time banks but _________.
can’t use sick leave credits
In order to request and receive catastrophic leave the employee must have a __________ on file authorizing the release of information.
CHP 369
Employees are prohibited from engaging in secondary employment until they receive __________ from their commander
written approval
Secondary employment request to practice law must be reviewed by ________and _________ prior to approval/disapproval is given.
Internal Affairs and General Counsel
If no prior expiration date (secondary employment) has been set by the employee, the commander shall set the expiration to _______.
to coincide with the next annual performance evaluation
The 415 is used to collect information regarding timekeeping data and activities for which CHP employees?
Officers, sergeants, and designated employees.
The 415 must be completed within how long after the end of each work shift?
24 hours
415s containing which items shall be reviewed and approved by supervisors?
Those containing overtime and collective bargaining items.
How many variations of the 415 are there?
5
What are the different 415s and what are they used for?
- 415: used to collect daily timekeeping data and activities of officers, sergeants and designated employees.
- 415A: special details that may require special reporting. This is a yellow form otherwise identical to the 415.
- 415B: 6-page booklet redi-ref for the 415.
- 415C: used for emergency incident reporting.
- 415D: used to collect public contact demographic data.
The total number of hours of an original and all supplemental can not be greater than what?
24
Can a supplemental ever be submitted before an original has been submitted and entered into the MIS?
No
What must be entered into the skill code box if no skill codes apply to the employee?
Zeros
For a supplemental 415, are comments in the “activity / comments” section required to explain the supplemental information?
Yes
Can “regular work shift” be supplemented?
Yes, only for business calls
Can a “Deletion” 415 be used only to delete information from an original 415?
No. Used to delete information from an original or supplemental.
If an employee is on temporary assignment to another Area, other than in-service or other training, what Area should be entered on the 415?
The temporary command Area. Note the reason for the assignment in the Activity / Comments section.
What is entered into the Shift box for an employee assigned a “relief shift” for the month?
The start time of the last shift worked prior to RDOs or a leave of absence.
When is an officer entitled to shift differential compensation on a paid leave of absence?
Only when scheduled to work a qualifying shift for the month.
If an officer who is assigned 1345 shift for the month attends a training day at 0800 hours, then projects two vacation days following the training day, will that officer receive shift differential compensation for those vacation days?
No. The officer needed to submit an original 415 for the projected vacation days with a shift start time of 1345 to get the shift differential compensation.
An officer is normally assigned 0800 shift for the month but swaps a shift and works 1430 shift for a day. The officer then projects vacation days off the 415 used the day he worked the 1430 shift. Is this ok?
No. The officer would get shift differential compensation for those vacation days. He’s not entitled to that because his normal shift time is 0800.
Is call back time included in the Activity Time Summary?
No. It’s not time worked.
The total time entries in categories A to Z and the Beat Hours Summary must equal the total time reported in the Regular Work Shift and Overtime (minus standby and call back) within how many minutes?
9 minutes
Does time spent training at the Academy for one day or less go under Misc. Training?
No. Reported under Beat Hours Summary as “AT.”
Time spent on which documents is noted in Enforcement Documents?
CHP 215, 267, and 281.
How is time recorded in the Partner Assist category?
• Time spent as a partner with an on-duty CHP officer. This section is used to account for time that would be claimed as “Patrol” by the driver officer.
Do officers permanently assigned to a Vehicle Theft Program record his normal time under Vehicle Theft?
No. (Beat 803)
An officer provides traffic control and stores a vehicle at a hazmat incident. Where does that time get recorded?
All goes under Hazardous Material Incident. All time spent at a hazmat goes in this section.
What is Miscellaneous Time used for?
• All time spent not covered under Beat Hours Summary of in categories A – Y. Any Misc. Time shall be explained in Activity / Comments, side 2.
Where does time spent on motorists services, such as removing 11-25, get recorded?
Misc. Time
Where does time spent adding gas to a patrol car at a non-CHP facility get recorded?
• Misc. Time. All time spent on routine inspections (including adding gas and oil) of a patrol car at a CHP facility are charged under Beat 900 in Beat Hours Summary. Otherwise, if the routine inspection, adding gas, etc. is at a non-CHP facility, the time goes under Misc. Time.
In the Beat Hours Summary, time is recorded in what increments?
Nearest 10 minutes
What is the definition of patrol time?
Officer or sergeant time while driving an enforcement vehicle within the view of the motoring public
What are the 700 series beats used for?
Safety Service Program duties