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
An officer is working a Safety Services Program duty. Is time entered in the Activity Time Summary section? Is the Enforcement Services Count used?
• No, Activity Time Summary not used. Yes, Enforcement Services Count is used. All time goes in the Beat Hours Summary using the appropriate 700 series beat.
What are the 800 series beats used for?
Special duty assignments
Are counts entered in the Enforcement Services Count section for officers / sergeants assigned to special duty?
• No, except if the Special Duty Officer is specifically assigned to road patrol duties on beats 1 – 798.
How does an Area Administrative Sergeant record his time?
• All time goes under Beat 820 in the Beat Hours Summary.
How does a sergeant assigned as field supervisor record his time?
• Beat 822 for actual time spent performing supervisory duties.
If a field supervisor performs administrative duties, how is that time recorded?
• Under Admin in the Activity Time Summary.
How is time taken for CAHP Release Time?
• On regular work shift initially in a 2-hour increment with 1-hour increments thereafter.
What is Beat 901 used for?
• Time in an incorporated city other than a CHP beat.
What is Beat 904 used for?
• Time spent on a patrol beat in a CHP Area other than the officer’s / sergeant’s permanently assigned Area. This does not include activities while on temporary assignment to another Area of Division, or while assigned to a MAIT investigation.
Where should time spent documenting the 415 and CHP 100 forms be recorded?
• Under Beat 909, Briefing / Debriefing.
An officer responds to an accident and performs EMT services to 4 victims. What count should go in the EMT/first aid box?
• 4. The total number of persons provided service.
Short notice court cancellations occur within how many hours of the court appearance time?
24 hours
What date should be on the 415 for a court cancellation?
• The date of the court appearance. (not the date of the notification)
For court cancellation 415s, what information shall be on side 2 in the Activity / Comments section?
- Defendant name
- Case number
- Date of notification
- Person making notification
Does a supervisor have to approve and sign a court cancellation 415?
Yes
In the court cancellation box, what is entered in the “Day Of” box? In the “Prior” box?
S- Day of, P- Prior
What else can the Court Cancellation box be used for?
• Reimbursable Services Contract short notice cancellations within 24 hours of the contracted detail.
How should an officer record a short notice cancellation of a reimbursable contract on the 415?
• Place an “R” in either box of section Z, court cancellation.
What is the most business call time an officer / sergeant can have on Regular Work Shift?
29 minutes. At 30 minutes, becomes O.T.
What increments of time are used in the Regular Work Shift column?
• Nearest 1-minute increment.
Can an off-duty officer be assigned OIC duty on overtime status?
Shall not
Does time claimed as OIC have to be approved and signed by a supervisor?
Yes
Does a supervisor have to approve and sign time claimed as business calls?
Yes
Time taken as vacation time is recorded in what increments?
30 minutes increments
Can vacation time ever be taken for less than 30 minutes?
• Yes, when vacation credits are being exhausted prior to separation from the Department.
Annual leave (non-sick) is recorded in what category? What increments of time?
• Under Vacation / 30 minute increments.
Is bereavement time recorded in 1-hour increments for both uniformed and non-uniformed employees?
Yes
How many hours of bereavement time per occurrence are non-represented employees allowed?
Up to 24 hours
What happens if an employee has used up all bereavement time?
• Employees can use up to 3 days of earned leave credit for each subsequent bereavement.
What time is recorded under Injury Leave Credits? Increments?
• Time off due to industrial injury where 4800 eligibility has not been approved by SCIF. Hourly increments.
How do employees assigned to an alternate work week record time in Injury Leave Credits?
• Must revert to an 8-hour shift when charging a full pay period.
What section is used to record time spent exhausting leave credits when an employee’s 4800 time has run out?
• Injury Leave Credits.
In what order are leave credits used after an employee’s 4800 time has run out?
In the following order: • Sick leave • Vacation / annual leave • CTO • Personal leave (PLP) • Dock
Can employees be on an alternate work week when using 4800 time?
• No. Must revert back to an 8-hour work week.
4800 time is recorded in what increments?
• 1-hour increments.
What is the minimum amount of time that can be charged to CTO?
15 minutes
What is dock time used for?
• Time off for an approved absence without pay.
What is the minimum amount of time that can be charged as dock time?
6 minutes
What is the minimum amount of time that can be charged to AWOL? What is it used for?
• 6 minutes. Used for unapproved absences without pay.
What is Jury Duty time used for? Increments?
• Jury duty time falling on a regularly assigned work day. Hourly increments.
Military leave is recorded is what increments?
• 1-hour increments.
What is Subpoenaed Witness time used for? Increments?
• Time served as a witness in a non-job related case on a regularly assigned work day. Hourly increments.
How would an officer / sergeant on annual leave charge time if they want to use sick leave credits accrued prior to electing the Annual Leave Program?
• Use Other Code “S” in half-hour increments.
What is the maximum time an officer / sergeant can use to vote during regular work shift? How is this time recorded?
• 2 hours. Recorded under Other Codes “Z.”
Total time for a work shift (regular time, time off with pay, and overtime) can not exceed how many hours?
24 hours
When overtime is worked on a day that was previously reported as an RDO, can the overtime 415 be an Original, Supplemental, or either one?
Either an Original or Supplemental, except that it must be Supplemental if:
• The OT is reimbursable, or
• The OT is for the current FLSA period but in the prior Pay Period.
Should overtime be claimed while on vacation / CTO / annual leave?
• Should not be claimed if the hours worked are during the regular work shift time.
What is the earning increment for OT?
• Initial period of 15 minutes with 15 minute increments thereafter.
Overtime “total activity” time worked must equal the overtime hours minus standby, call back, and reimbursable non-worked hours, within how many minutes?
• 5 minutes.
For court overtime, is travel time to and from court encompassed in the total number of hours for court?
Yes
Stand-by OT is accrued at what rate?
• One hour’s pay for each 4 hour shift.
What are the Call Back duty codes and what are they used for?
- CC – unworked hours associated with court OT.
* CB – unworked hours for all other OT duties.
Is a Lunch Period entry required when claiming OT? What if no lunch was taken?
• Yes, it is required. Write “none” if no lunch taken.
An officer is assigned to an alternate work shift and is placed on punitive suspension. The officer projects days off on punitive suspension using code X. How many hours are used per day projected?
• 8 hours each day. During the punitive suspension, the officer reverts to an 8-hour day.
Under what conditions do 415s have to be reviewed by supervisors?
• All 415s shall be reviewed by supervisors
On side 2, Daily Field Record, what increments are used for the Start Time and the Elapsed Time?
• Actual time expended to the nearest minute.
Are line entries on side 2 done for time expended on the CHP 215?
Yes
For a verbal warning, what info is entered under activity / comments on side 2?
• Section violated and driver’s license number.
For a verbal warning, what info is entered under activity / comments on side 2 if no driver’s license number is available?
- Name and date of birth. If none, then,
* VIN or license plate number
For a motorists service, what info is entered under activity / comments on side 2?
• License plate number.
For Assists, what must be entered in the activity / comments section on side 2?
• Name of agency or CHP badge number and a comment on the type of assistance provided.
For a motorist service, what info is entered under activity / comments on side 2 if no license plate number is available?
• VIN or last 6 digits of the vessel number.
A sergeant’s activities related to direct field supervision of officers involved in road patrol are charged to what beat?
Beat 822
How are administrative activities of field sergeants recorded on the 415?
• Under Admin in the Activity Time Summary.
How do sergeants specifically assigned to administrative duties charge their time?
• Beat 802 in the Beat Hours Summary.
How do sergeants who supervise special assignment officers charge their time?
• Same as those officers do. Ex. Vehicle Theft supervisor would charge time to Beat 820.
If a sergeant takes enforcement action on a patrol beat, what beat is that time charged under on the 415?
• The sergeant’s regular beat. For field sgt, it would be Beat 822. All enforcement time would go to Beat 822.
A 180 should or shall be completed for every vehicle stored or impounded?
Shall
Should a 180 be filled out for a vehicle carried as cargo?
• No. It’s considered property. Document that vehicle’s license, VIN, and description on the 180 for the trailer if it’s stored.
When the storage authority on a 180 is amended, what must be attached to the 180?
• Memorandum describing the reason for the change.
Who is notified when the owner of a stored vehicle can not be notified?
• If the vehicle is registered in CA, attach the returned Notice of Stored Vehicle to the 180 and keep in the file. If the vehicle is from a foreign jurisdiction, or removed from private property, notify DOJ.
How long shall the 180 be kept for vehicles impounded for evidence?
2 years
If the trunk or other area in the vehicle is locked and no keys are available, can officers force the locks to gain access?
• Shall not. Officers shall note that the area was locked on the 180.
What shall officers do if they discover contraband or evidence during an inventory?
• Shall seize and book into evidence.
The RO and LO of a stored or impounded vehicle should or shall be notified in writing of the storage?
shall
The owner of a stored / impounded vehicle has the right to a storage hearing within how many days?
• Within 10 days of the date on the Notice of Stored Vehicle.
The Notice of Stored Vehicle shall be sent within how long?
• 48 hours, excluding weekends and holidays.
Does the Notice of Stored Vehicle have to been sent if the vehicle was released prior to 48 hours?
Yes
Does 14602.6 VC apply to all suspended / revoked drivers’
• No. Only to D/L’s suspended under the authority of 13200 – 13376 VC. Does not apply to license suspended per 11350.6 WI or for no proof of insurance.
Officers should or shall issue a citation for suspended license or 12500(a) prior to impound for 14602.6 VC?
• Shall. Except officers shall not issue a citation when impounding out of a tc.
Officers should or shall have supervisor approval prior to 30 day impound?
• Should. Requirement can be waived by Area commander.
When shall a vehicle impounded for 30 days be released?
• Upon a court order or at the end of 30 days. The RO or agent must still provide a valid driver’s license and current vehicle registration.
Under what conditions shall a vehicle be released prior to the end of the 30-day period?
The following conditions:
• When the vehicle was stolen.
• Vehicle is subject to bailment and was driven by an unlicensed employee of a business.
• When the suspension / revocation was for an offense other than those included in Articles 2 or 3 of Chapter 2 of Division 6.
• When the driver can show proof of a valid license and presents proof of insurance.
• When the owner requests a release and the decision to release is solely resting on the owner’s failure to inquire or determine the license status of the driver.
• When continued impoundment is inconsistent with legislative intent.
When a vehicle is released early, where does the early release letter go?
• A copy to the relinquishing party and the original attached to the 180.
What is Section 14602.7 VC used for?
• Evasion of a peace officer / 30-day impound.
What must an officer have prior to using 14602.7 VC?
• A warrant or court order.
What does 14602.7 VC not apply to?
• Abated vehicles; vehicles impounded per 22655 VC; vehicles removed from private property per 22658 VC; and abandoned vehicles removed per 22669 VC with a value of less than $300.
What is 14607.6 VC used for?
• 30-day impound / forfeiture when the driver is the RO and is unlicensed or suspended and has a prior conviction of 12500 or suspended license, or the RO has a Stipulated Vehicle Release Agreement on his / her driving record.
An officer should or shall have supervisor approval prior to impound for 14607.6 VC?
Shall
What else shall an officer fill out when impounding for 14607.6 VC?
• 180F – Vehicle Forfeiture Report and Personal Notice of Intended Vehicle Forfeiture.
What is a 180G and when must it be used?
• Notice of Forfeiture; used when the RO and LO was not served with a Personal Notice of Intended Vehicle Forfeiture for impound per 14607.6 VC.
What happens to vehicles that are forfeited per 14607.6 VC?
• Sold at public auction. Proceeds go to the CHP from the tow company within 15 days of the sale. Checks are then transmitted directly to Accounting Section.
Can an auction company decline to accept a vehicle for auction?
• Yes. When the costs associated with the sale exceed the value of the vehicle.
Should officers cite 4000a in addition to storing a vehicle for 22651o?
Should not
What conditions must be satisfied prior to impounding per 22651p?
• Ensure driver is unlicensed or suspended; if suspended has good service; driver is cited for 12500 or one of the suspended sections.
What is section 22655 VC used for?
• Removal when a vehicle is involved in a hit and run.
Who is responsible for towing and storage fees for 22655 VC?
• The RO or agent.
Officers should or shall obtain supervisor approval for 22655 VC?
Shall
What is 22655.5 VC used for?
• Removal of vehicle for evidence.
Officers should or shall have supervisor approval for 22655.5 ?
Shall
Who is responsible for towing and storage charges for 22655.5?
CHP
Who is responsible for towing and storage charges for 23109.2?
• CHP if charges dropped or party found not guilty. Because of this, officers shall use only for flagrant violations where no other authority reasonably applies.
Do officers take embezzled vehicle reports?
• Only when RO or LO has obtained a warrant. Direct embezzled victims to the DAs office.
What are the conditions for which a beat officer shall respond to take a vehicle theft report?
The following 10 conditions:
• Crime in progress / suspects present.
• RP insists that an officer respond.
• RP is not the RO, LO, or lessee.
• Witnesses or physical evidence is at the scene.
• RP is intoxicated or disoriented.
• RP not at his / her residence or is stranded.
• Information by RP is suspicious.
• Vehicle embezzled or associated with another crime.
• Theft occurred in an incorporated city.
• Other factors make the validity of the report questionable.
If an Area does not have a policy for taking vehicle theft reports over the phone, how long do officers have to respond to take these reports?
6 hours
In order to be granted a storage hearing, the RO or agent must make the request within how many days?
• 10 days from the date on the Notice of Stored Vehicle.
The Area Commander shall assign who to be the hearing officer?
• A lieutenant or sergeant; cannot be the person who stored the vehicle.
A storage hearing should or shall be honored if requested within the 10 days?
Shall
A storage hearing shall be conducted within how long after the request?
48 hours
What document is used during the storage hearing?
• 422C, Post-Storage Hearing Checklist. Hearing documented on a 422B, Vehicle Storage Hearing Report.
If a storage is deemed lawful during the storage hearing, and the RO wants to appeal the decision, what shall the hearing officer provide?
• Assist the RO by providing a CHP 287 for claims of $1000 or less, and the appropriate Board of Control form for claims of more than $1000.
Personal property in a stored vehicle is part of the lien and shall not be released.
• False. Not part of the lien and shall be released to the RO or agent upon demand. Integral components of the vehicle are not considered personal property.
Who is responsible for towing and storage fees for vehicles taken for evidence w/o a warrant?
• CHP responsible for all fees from time of initial seizure to time criminal charges are filed. DA is responsible after that. (AG opinion)
Where shall vehicles and vehicle components seized as evidence go?
• Evidence contract tow service.
Where does the Department get the authority to have a Tow Service Agreement?
• 2424 VC.
The Department can not perform criminal history checks on operators and tow truck drivers applying to be on the rotation list.
• False. Criminal history checks will be done.
Is there a minimum rate for rotation tows set by the CHP?
• No. Tow operators are not precluded from charging less than the agreed rate stipulated in the TSA.
Who determines the maximum allowable response time for rotation tows?
Area Commanders
Does the CHP perform inspections of tow trucks on the rotation? If so, how often?
Yes. At least annually.
When can Areas inspect rotation tow business records?
• Anytime during regular business hours. No notice is required.
During a vehicle stop you ___________ justified in ordering passengers to exit
the vehicle.
are
In regards to a vehicle stop, is plain view considered a vehicle search?
No
You _____________ conduct a warrant less search of any part of the vehicle on
public thoroughfare as long as you have PC to believe the object you are looking for may be located in that portion of the vehicle.
May
To physically enter into an area where a person has reasonable expectation of privacy you need to have either a ___________ or a _____________.
Warrant/exigent circumstances
You _________ always ask for consent to search even when you have
authority for the search.
should
There is ___________ expectation of privacy in trash or garbage regardless
of whether it is in a sealed bag, placed curbside or otherwise outside of the cartilage of the residence.
No reasonable
Under the constitution, a warrant less search and seizure is presumptively
_____________.
Illegal
Race _______________ a factor which you may consider in calculating
is not
Miranda warnings are never necessary unless you have custody and ______.
Interrogation
The use of a dog when dealing with an object ___________ considered
a search
is not
The use of a dog when dealing with a person may constitute a violation of
_____________.
4th Amendment
A requirement for lawfully seizing an object in plain view is that you must
be aware of a ____________ between the object and criminal behavior.
Connection
A suspect________ withdraw consent at any time resulting in your having
to immediately stop your search.
May
_____________ are responsible for ensuring that their subordinates receive appropriate health and safety training, monitoring employee job performance, and ensuring that employees follow healthy and safe work practices. (10.6 / 1-3)
Supervisors
_________________ (should / shall) correct unsafe practices or conditions as soon as observed or reported. (10.6 / 1-3)
Supervisor/shall
______________ (should / shall) investigate accidents, injuries, and exposures to determine whether or not unsafe work procedures or conditions were causative. (10.6 / 1-3)
Supervisor/shall
The _______________ (should / shall) make recommendations to the commissioner on safety issues requiring departmental policy, intervention, or action.
Departmental Occupational Safety Board (DOSB)/shall
The COSC (should / shall) identify accident-producing errors which stem from departmental or Division policies or procedures, as will as those which originate at the command level
shall
The members of the COSC (should / shall) conduct periodic inspections, at least _____ _______.
shall/ semi-annually
The ___________ is responsible for developing, implementing, and administering the departments safety programs which are designed to reduce the risk of occupational injury and illness to employees and to lower the costs associated with these accidents, injuries, and illnesses.
Occupational Safety Unit (OSU)
Who is/are the primary safety instructors for this Department?
managers and supervisors
Corrective action (may be / must be / should be /shall be) taken when an employee does not follow safe or healthy work practices.
must be
Uniformed employees will receive a minimum of ____ hour(s) per year of defensive driver training.
one
The ______ behind-the-wheel review of driving practices will be conducted by a supervisor
annual
Pregnant employees (should / shall) confer with their medical care provider regarding the advisability of the employee participating in, or performing duties associated with, firearms training.
shall
Area commands shall submit IIPP goals for the coming calendar year to Division by ___________.
shall
A __________ determines preventability of recordable accidents, injuries, and
illnesses and implements corrective measures.
Commander
The __________, Accident and Injury Report is due __________ to Division.
CHP 113/quarterly
A __________ is any cut, fracture, sprain, amputation, or other event
resulting from a work accident or an exposure involving a single incident in
the work environment.
injury
The CIP ensures all levels of departmental operations comply with all legal statutes, as well as departmental __________ and __________.
policies/procedures
___________ is a process for analyzing a command through personal discussions and physical examination of departmental and local procedures, personnel, records, equipment, and facilities, to determine the quality and system controls and assurances of the inspected program.
Inspection
The role of __________, __________, and supervisors is to ensure compliance with departmental policies, procedures, and legal statutes.
commanders/managers
An inspection can be conducted by __________ of the Department in accordance with this HPM 22.1.
any member
A minimum of __________ Chapter Inspections will be conducted by Divisions, Areas, and Executive Offices each calendar year.
four
Each calendar year Executive Management will designate __________ of the Chapter Inspections to be conducted. These two Chapter Inspections will be conducted by Divisions who will inspect their subordinate commands
two
Additionally, each calendar year Division commanders are required to select a minimum of ____________ Chapter Inspections (other than the two designated by Executive Management) to be conducted by their subordinate commands.
two
The commander ____________ immediately document a corrective action plan and timeline to correct identified deficiencies
shall
Executive Office Level Inspection documentation shall be routed to the Executive Office responsible for the inspection within 30 __________ days by the inspected command.
calendar
Completed inspection documentation shall be signed and dated by the lead inspector and the commander of the inspected command. These documents shall be maintained in a chronological file for __________ years, plus current,
four
All appeals shall be documented on the Exceptions Document and submitted within __________ business days of the date the findings were received
five
There __________ be only __________ sets of keys for the evidence/property room and temporary storage lockers.
shall/two
The evidence officer will maintain one set while the second set shall be placed in an envelope, sealed with evidence tape, signed and dated by the evidence officer, and secured by the Area commander in another location.
At least __________ percent of the items, with a minimum of __________ items, from the evidence/property system shall be inspected. (22.1 / 2-4)
10% with a minimum of 10 (ten) items.
A __________, Exceptions Document shall be used to document all findings during an inspection.
CHP 680
When entering the evidence/property room to conduct inspections, there shall be at least ______ employees present.
two
The evidence/property room shall be secured with a ________.
deadbolt.
The evidence officer and __________ special duty functions should not be performed by the same officer, as this also would create a conflict of interest.
court officer
Evidence inspections shall be based on the previous ____ consecutive months and include _____________ of procurements to test the integrity of each system.
12, an adequate sampling
Evidence inspections:
At least _____ percent of each procurement process, with a minimum of ____ procurements per process shall be inspected. If any discrepancies are revealed an additional _____ percent of the specific procurement process, or at least _____ additional procurements, shall be inspected so that a total of 20 percent, or a minimum of 20 procurements, are inspected. If further discrepancies are revealed, the entire command procurement processes shall be inspected to ensure compliance with policy and legal statutes. If there are not at least ten procurements in any or all of the procurement process, ______ percent of each procurement process shall be inspected.
10% with a minimum of 10 procurements,
additional 10%, additional 10 procurements
100%
