card 1 Flashcards

1
Q

Except where otherwise indicated, the authority to take adverse action or initiate a rejection during probation is vested with the appointing power, the ____________.

A

Commissioner (HPM 10.2, 1-4)

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2
Q

What are the 4 possible outcomes of an Administrative Investigation?

A

Adverse Action,
Rejection During Probation,
Miscellaneous Investigation,
Non-Punitive Termination (HPM 10.2 2-3)

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3
Q

What is a Lyberger Admonishment?

A

An admonishment given in administrative interrogations which advises the subjects of the interrogations that they do not have the right to refuse to answer administrative questions (HPM 10.2 2-8)

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4
Q

The six types of penalties for adverse actions are as follows:

A

Formal Written Reprimand,
Salary Reduction within Salary Range of the Class,
Suspension,
Involuntary Transfer,
Demotion,
Dismissal (HPM 10.2 2-3)

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5
Q

What is a Coleman hearing?

A

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
. (HPM 10.2, 2-6)

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6
Q

Compelled statements made during an administrative interrogation ___________ be included in a criminal interrogation.

A

Shall not (HPM 10.2 4-6)

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7
Q

When an employee is placed on a leave of absence without pay, the investigation must be completed, reviewed, and the employee served with the notice of adverse action within how many days?

A

15 calendar days (HPM 10.2 4-16)

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8
Q

An employee may file an appeal with the SPB no later than how many days after the Notice of Adverse Action?

A

30 calendar days (HPM 10.2 9-12)

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9
Q

Informal and Formal counseling are considered a routine business communication and, therefore, is/is not subject to the grievance process. Furthermore, the employee is/is not entitled to representation.

A

Is not / is not (HPM 10.2, 3-6)
NOTE: A formal counseling session will be documented on the counseled employee’s monthly evaluation form, (e.g., CHP 100, CHP 100PSD, CHP 112). HPM 10.2 3-7

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10
Q

Corrective documentation can take the form of any of the following:

A

Monthly evaluation comment (e.g., CHP 100, CHP 100PSD, CHP 112), Memorandum of Counseling, Memorandum of Direction, Censurable CHP 2 (HPM 10.2 3-7)

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11
Q

The assigned primary investigator shall be ____________ than the highest ranking involved employee, unless otherwise approved by the Division commander or appropriate Assistant Commissioner.

A

at least one rank higher (HPM 10.2 4-4)

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12
Q

Can statements obtained during Administrative interrogations be used to support a criminal investigation?

A

No. Administrative interrogations involve compelled statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations shall not be used to support a criminal investigation.
(HPM 10.2, 6-3)

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13
Q

Interviews can be accomplished by a single investigator or by an investigative team, limited to a maximum of _____.

A

two investigators (HPM 10.2, 6-10)

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14
Q

Area and Division commanders shall ensure the investigation is forwarded to OIA within ________ from the date the Area becomes aware of the misconduct.

A

60 calendar days (HPM 10.2, 4-5)

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15
Q

Adverse Action. An employee may file an appeal with the SPB Appeals Division no later than _________ after the effective date of a Notice of Adverse Action.

A

30 calendar days (HPM 10.2, 9-12)

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16
Q

Rejection During Probation. A rejected, probationary employee may file an appeal with the SPB Appeals Division no later than _______ after the effective date of the rejection.

A

15 calendar days (HPM 10.2, 9-12)

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17
Q

The respective Division commander (in the chain of command of the involved employee) is the final level of approval for adverse action with a penalty of:

A

Formal written reprimand,
Suspension of one (1) to five (5) working days, or the equivalent monthly step reduction. (HPM 10.2, 8-4)

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18
Q

The respective Assistant Commissioner (in the chain of command of the involved employee) is the final level of approval for adverse action with a penalty of:

A

(a) Suspension of six (6) to 20 working days, or the equivalent monthly step reduction.
(b)Removal from a specialty pay position (Bargaining Unit 5 personnel). (HPM 10.2, 8-4)

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19
Q

The Commissioner or Deputy Commissioner is the final level of approval for:

A

Adverse Action with penalty of:
(1) Dismissal
(2) Demotion
(3) Suspension > 20 days or equivalent monthly step reduction.
(4) Rejection during probation
(5) Non-punitive termination (HPM 10.2, 8-5)

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20
Q

How many consecutive days must an employee be absent without leave to be considered AWOL?

A

5 (HPM 10.2 2-5)

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21
Q

Of the four outcomes for an administrative investigation does AWOL, failure to meet minimum qualifications, and medical disqualifications fall under?

A

Non-punitive termination HPM 10.2 2-4

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22
Q

The Bazemore admonition shall be included in all _________ which are counseling or remedial in nature. The Bazemore admonition _____ be stated verbatim.

A

Memoranda of Direction (MODs)/ Shall (HPM 10.2 3-8)

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23
Q

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:

A

(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. (HPM 10.2 11-10)

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24
Q

Per GC § 19635, No adverse action shall be valid against any state employee for any cause for discipline…, unless notice of the adverse action is served within_______ years after the cause for discipline, upon which the notice is based, first arose.

A

3 years (10.2 4-13)
Adverse action based on fraud, embezzlement, or the falsification of records shall be valid, if notice of the adverse action is served within three years after the discovery of the fraud, embezzlement, or falsification.

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25
Q

Pursuant to Government Code (GC) § 3304, adverse action shall not be undertaken against an employee for any act, omission, or other allegation of misconduct if the investigation is not completed within _______________ of the Department’s discovery of the allegation by a person authorized to initiate an internal investigation (typically a supervisor or above).

A

one (1) year HPM 10.2 4-12

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26
Q

Investigations shall be completed within what timeframe? Who may authorize an extension for complex investigations?

A

Shall be forwarded to OIA within 60 CALENDAR days. Appropriate AC may extend. (HPM 10.2 4.3.f)

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27
Q

Can a witness request complete confidentiality from the accused employee? Why?

A

They cannot. The employee has the right to review the allegations and to prepare a potential defense. (HPM 10.2 6-4)

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28
Q

POBR regs allow an employee how many days to submit written response to any adverse comment entered into the employee’s personnel file, including a censurable CHP 2, Memorandum of Direction, or Memorandum of Findings.

A

30 days (HPM 10.2 7-9)
A copy of the employee’s response shall be attached to all copies of the investigation, including the copy retained by the Office of Internal Affairs (OIA).

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29
Q

All notices of disciplinary action shall be served within ___________of the decision to impose discipline, defined as when the notice is approved by the Office of the Commissioner.

A

30 calendar days (HPM 10.2 8-11)

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30
Q

How many days does the PDH officer have to respond to a written response from an employee as a result of an AA? What about a verbal response from the employee?

A

14 calendar days if written/7 calendar days if verbal (HPM 10.2 9-8)

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31
Q

Can an employee use leave credits to satisfy an entire suspension period of 5 days or less? What about for suspensions of 6 days or more?

A

5 days or less: yes. Leave credits can be used for the entire suspension period, 6 days or more: leave credits are used for only up to half of the suspension period. (HPM 10.2 9-10)

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32
Q

If an employee separates from the Department during an internal investigation, the AA gets converted to what kind of investigation?

A

Miscellaneous Investigation (HPM 10.2 10-3)

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33
Q

Begin the recorded portion of the interview by stating the date, time and specific location of the interview. All persons present shall verbally identify themselves by ______, ________, ______.

A

Name,
Rank or title, and
Assignment (HPM 10.2, 6-15)

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34
Q

What CHP employees are not protected under the POBR?

A

Cadets (HPM 10.2 11-3)

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35
Q

In the course of authorized video review, there is a possibility of discovering policy and/or criminal violations committed by MVARS users. If unrelated improper conduct is discovered during the review of MVARS video, the following will apply: Conduct not rising to the level of adverse action should be viewed as a _________________________. The manager or supervisor should discuss the incident with the employee (i.e., informal counseling).

A

Training opportunity / HPM 10.2 5-11/12

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36
Q

Notification (to employee) _____________ required prior to a criminal interrogation.

A

Is not / HPM 10.2 6-12

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37
Q

The Department has three classifications of Citizen’s Complaints. What are they?

A

Category 1, Category 2, Other (HPM 10.4 2-1)

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38
Q

A complaint allegation will have one of five findings. What are they?

A

Sustained,
Unintentional error,
Exonerated,
Departmental,
Undetermined/ No finding (HPM 10.4 2-1)

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39
Q

What are the four (4) types of non-complaints?

A

Vehicle storage/impound validity
Other Agency
Off-duty conduct
Traffic (10.4, 2-1)

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40
Q

What counts as a “Third Party” in a third party complaint? When a third party complaint is received the command shall contact the complainant directly to ascertain their intentions, normally with a requested turnaround period of _____________.

A

non-involved relatives,
parents of children over the age of 18 years,
and attorneys acting on behalf of a client (HPM 10.4 2-4) / 30 days (HPM 10.4 3-4)

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41
Q

Which Category of complaint requires the inclusion of a chronological log?

A

Category I (HPM 10.4, 5-1)

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42
Q

All complaints with allegations of criminal misconduct, which have been given a finding of Sustained or Unintentional Error, shall be sent where, for review?

A

The respective prosecuting district attorney’s office (HPM 10.4 5-10)

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43
Q

An aggrieved party that contacts the office by telephone and expresses a desire to file a complaint against a non-uniform employee shall be notified of what?

A

the complaint can be filed via the Internet (HPM 10.4 3-2)

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44
Q

What is a category 1 complaint?

A

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. (HPM 10.4 2-1)

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45
Q

What is a category 2 complaint?

A

Complaints alleging verbal misconduct,
nonverbal misconduct (not involving actual physical contact),
and/or complaints regarding matters not related to an employee’s conduct. (HPM 10.4 2-1)

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46
Q

List the four types of “other” complaints?

A

Citation Validity
Departmental
Frivolous
Rescinded (HPM 10.4 2-1)

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47
Q

All complainants shall be acknowledged by correspondence within _____ _____ days of the Department’s notification of the complaint.

A

5 BUSINESS days (HPM 10.4 3-3)

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48
Q

Category I, Category II, and Other complaints shall be destroyed after a period of ________, commencing from the date the Department originally received the complaint.

A

Five (5) years (HPM 10.4 9-2)

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49
Q

Any corrective documentation issued to an employee as the result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of ______, commencing from the date of issue.

A

three (3) years (HPM 10.4 9-2)

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50
Q

Closing correspondence shall be sent within ______ of the investigation being approved.

A

30 calendar days (HPM 10.4 7-1 4), This correspondence is required in all cases, including frivolous and rescinded complaints, and even in instances where the complainant has specifically requested no further contact with the Department. (HPM 10.4 7-13)

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51
Q

The normal suspense period for complaints received at the command, or forwarded from BIA is ____.

A

sixty (60) days (HPM 10.4 4-1)

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52
Q

The suspense period for legislative complaints is ______.

A

thirty (30) days (HPM 10.4 4-1)

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53
Q

The employee’s complaint history (may, should, shall) be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.

A

Shall (HPM 10.4 5-8)

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54
Q

Is a complainant or witness allowed to use a tape recorder in an interview or discussion with an investigator? What shall the investigators actions be?

A

Complainants or witnesses who desire to use an audio tape recorder to record an interview or discussion with an investigator shall be allowed to do so, (in such cases) the investigator shall also record the interview or statement. HPM 10.4 5-6

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55
Q

Should a supervisor desire to tape record an interview with an employee, outside the scope of a formal Administrative Interrogation, what must be established?

A

That the supervisor was given prior permission by the employee. HPM 10.4 5-6

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56
Q

All complainants in a citizen’s complaint investigation shall be acknowledged by correspondence within how many days of the Department’s notification of the
complaint?

A

All complainants shall be acknowledged by correspondence within five (5) business days of the Department’s notification of the complaint. (HPM 10.4, 3-3)

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57
Q

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 _________________ days.

A

ten (10) business days (HPM 10.4, 3-3)

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58
Q

If a complaint is generated while an employee is attending training at the Academy, who will be responsible for the investigation?

A

the Academy Commander (HPM 10.4 4-2)

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59
Q

Complaint investigations (are/are not) discoverable under the Public Records Act.

A

Are not (HPM 10.4 5-5)

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60
Q

If, during the course of a routine interview in which the employee does not have representation, information surfaces which indicates the employee may be faced with adverse action, what shall occur when the interview is suspended?

A

…the interview should be suspended and the employee shall be informed of his/her right to representation. [Chapter 5, page 5, section d (3)].

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61
Q

CHP 268s (Potential Civil Liabilities) ________ be included as exhibits.

A

Shall not HPM 10.4 7-11

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62
Q

Which type of form shall be completed if the complaint investigation uncovers any actual or alleged damage to property, or injuries to persons which may result in a claim against the state?

A

CHP 268, Civil Litigation Report, shall be completed and forwarded. [Chapter 7, page 13, section 6 a].

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63
Q

Any complainant who makes a claim of monetary damages, which are alleged to have been proximately caused by the actions, or inaction, of a Department employee shall be provided with what form?

A

CHP 287 HPM 10.4 3-6

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64
Q

What classification of crime is it to knowingly file a false complaint against a peace officer?

A

§148.6 (P.C.) makes it a misdemeanor to knowingly file a false complaint against a
peace officer. (HPM 10.4, 10-2)

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65
Q

Whenever an employee of this Department learns that another agency is conducting
an investigation involving CHP personnel, he/she ____________ notify his/her commander who will in turn notify BIA through appropriate channels.

A

Shall immediately (HPM 10.4 10-4)

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66
Q

Any complainant who makes a claim of monetary damages, which are alleged to have been proximately caused by the actions, or inaction, of a Department employee shall be provided with what form?

A

CHP 287 HPM 10.4 3-6

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67
Q

The CHP 214 shall not be issued in lieu of a CHP 215 or CHP 281 for a mechanical violation which meets any of the criteria listed in Section 40610(b) CVC including:

A

Evidence of fraud or persistent neglect. Immediate safety hazard. Violator does not agree to or cannot promptly correct the violation. (HPM 100.68 1-7)

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68
Q

Officers patrolling the highways observing motorist behavior or writing reports _____ remain on their assigned beats and in public view at all times. Officers _______ create an appearance of concealment.

A

Shall/ Shall not (HPM 100.68 1-8)

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69
Q

Section 851.5 of the California Penal Code (PC) requires that an arrested person has the right to make at least ____ completed telephone calls, as described, immediately upon being booked or detained, and, except where physically impossible, no later than __________ hours after arrest.

A

three/ three (HPM 100.68 2-3)

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70
Q

A minor has the right to make ___ telephone calls, one of which may be to their parent or guardian, responsible relative, or their employer; the other may be to an attorney. The calls, except where physically impossible, are to be allowed no later than ___ ____ after the minor is taken into custody. Such calls are to be made at public expense if within the local calling area. Calls must be made in the presence of an officer or employee.

A

Two/ one hour (HPM 100.68 2-6)

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71
Q

A minor may not be detained in a room or cell station (not a jail) longer than ___ ___. To be securely detained longer than___ ___, the minor must be transferred to a juvenile facility, i.e., juvenile hall.

A

Six hours/ Six hours (HPM 100.68 2-7)

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72
Q

In no event shall a minor be present in an adult detention facility or jail for a continuous period in excess of ___ ___.

A

Two hours (HPM 100.68 2-9)

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73
Q

When arresting a person that has a minor child, how many phone calls are they allowed to make?

A

5 total- 3 phone calls and an additional 2 for arranging care for the child (HPM 100.68 2-3)

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74
Q

Officers involved in off-duty enforcement actions shall, as soon as practical, notify ____________ of
their involvement.

A

Their Command (HPM 100.68 2-16)

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75
Q

Officers _____________ not accelerate above the prima facie or absolute speed limit to determine the actual speed of a vehicle approaching from the rear.

A

Shall not (HPM 100.69 3-3)

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76
Q

Prima facie enforcement actions shall be guided by the following criteria: (a) At ____ miles per hour (MPH) or more above the prima facie speed limit, the officer shall stop and take appropriate enforcement action. (b) From __ to __ MPH above the prima facie speed limit, the officer should stop and take appropriate enforcement action. (c) From __ to __ MPH above the prima facie speed, the officer may stop and take appropriate enforcement action.

A

10 / 5-9 / 1-4 (HPM 100.68 3-4)

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77
Q

Enforcement of the absolute speed limits shall be governed by the following: 1) At __or more above the absolute speed limit for the vehicles(s) or roadway, the officer shall stop and take the appropriate enforcement action. 2) From _ to _ MPH above the absolute speed limit for the vehicle(s) or roadway, the officer may stop and take appropriate enforcement action

A

5 MPH/ 1 to 4 MPH (HPM 100.68 3-5)

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78
Q

Supervisor approval _____ be obtained before citing a motorcyclist for wearing any type of head covering an officer determines is not a motorcycle helmet.

A

Shall (HPM 100.68 4-4)

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79
Q

Motorcyclists wearing a head covering that is obviously not a motorcycle helmet such as a styrofoam bicycle helmet, football helmet, scarf, etc shall be issued a [correctable, non-correctable] citation?

A

Correctable (HPM 100.68, 4-5)

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80
Q

Officers [can/may/shall not] seize a wireless telephone to determine if the driver is using it for emergency purposes.

A

Shall not (HPM 100.68, 5-35)

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81
Q

Per 27363 CVC, a child or ward under the age of ___ and is _____ in height or taller may be restrained by a safety belt rather than by a child passenger restraint system.

A

8 / 4’9” (HPM 100.68 5-9)

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82
Q

Effective January 1, 2017, all children under the age of ____shall be properly secured in a rear-facing child passenger restraint system unless the child weighs ___ pounds or more or is ___ or more inches tall.

A

2 years old / 40 / 40 (HPM 100.68 5-8)

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83
Q

The CVC states the officer may cite Section 16028(a) CVC; however, it is the policy of the Department that officers _____ cite that violation.

A

Shall (HPM 100.68 5-16)

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84
Q

Enter “private person’s arrest” in the “_______” box of the CHP 215

A

Special (HPM 100.68 2-10)

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85
Q

After accepting custody of a person who was placed under “private persons arrest,” the supervisor must issue what form to the person being released from custody? If there are no follow up charges, on what form and to whom is the officer’s documentation sent?

A

A CHP 103. Document the circumstances surrounding the incident and the reason for the release on a memorandum to the Area. (HPM 100.68 2-11)

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86
Q

If an accident investigator decides to issue a driver a CHP 215 pursuant to 40600 CVC, what violations can be cited? What would the officer do if the violator refuses to sign the citation?

A

The officer must have reasonable cause to believe committed a CVC violation was a factor in the occurrence of the traffic collision. (5-20)
After explaining the violation(s) cited and the court information, write “refused to sign” in the violator’s signature box and give the party the violator’s copy of the CHP 215. (HPM 100.68 5-22)

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87
Q

With a refusal to sign, at what point are we no longer allowed to release the violator from incarceration?

A

Once the booking process has begun (HPM 100.68 2-4)

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88
Q

Who should normally issue a CHP 103 (Certificate of Release from Custody)?

A

A supervisor ( HPM 100.68 2-11)

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89
Q

Patrol vehicle escorts _________ be provided to drivers of private vehicles for medical emergencies.

A

Should not (HPM 100.68 3-13)

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90
Q

As with any arrest, the Miranda warning must be provided after a custodial arrest and prior to an interrogation. When an interrogation will not be conducted, the officer shall advise the minor of their constitutional rights _____________________________________ to comply with Section 625 WIC.

A

just prior to the release of the juvenile to a jail facility or a parent /HPM 100.68 2-9

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91
Q

Officers ___________ stop a vehicle for the sole purpose of enforcing provisions of the graduated driver license.

A

Shall not / HPM 100.68 2-15

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92
Q

Violators driving off road motor vehicles _____________ be pursued into areas not intended for vehicular use.

A

Should not (HPM 100.68 4-17)

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93
Q

The Department’s enforcement efforts must be consistent with the organizational values of ____________________.

A

Respect for others
Ethical practices
Equitable treatment for all
Fairness (HPM 100.68 1-4)

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94
Q

When a person is taken into custody for an offense unrelated to medical marijuana, and the person has valid documentation for medical marijuana possession, the marijuana should be handled as property or evidence?

A

Property (HPM 100.69 1-20)

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95
Q

A person arrested for simple possession of marijuana where the amount is clearly in excess of 28.5 grams should/shall be physically arrested.

A

Should (HPM 100.69 1-23)

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96
Q

Upon the arrest of a teacher in any of the public schools of this state, for controlled substances offenses, what notifications are the Command required to do?

A

Commands shall immediately notify by telephone the Superintendent of Schools of the school district employing the arrestee.
Commands shall also immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the Superintendent of Schools in the county where the person is employed.. (HPM 100.69 1-16)

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97
Q

While on-duty, supervisors ____________ have copies of the CHP 103 in their possession.

A

shall (HPM 100.69 1-29)

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98
Q

Domestic Violence is defined as abuse committed against an adult or a minor who is a:

A

spouse,
former spouse,
cohabitant,
former cohabitant, or a person with whom the suspect has had a child
or is having or has had adating or engagement relationship. (HPM 100.69 3-4)

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99
Q

Officers who are at the scene of a family violence incident involving a threat to human life or a physical assault shall take temporary custody of any firearm or other deadly weapon in __________, or _____________, as necessary for the protection of the peace officer or other persons present.

A

plain sight or discovered pursuant to a consensual or other lawful search (HPM 100.69 3-13)

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100
Q

Weapons shall be held not less than ________ and unless retained for evidence, must be available for release not more than _________ after the seizure, or no later than ____________ after a Law Enforcement Gun Release Application is approved by DOJ.

A

48 hours/ 48 hours/ 5 BUSINESS days (HPM 100.69 3-14)

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101
Q

An EPO expires no later than the close of judicial business on the ______ or the _________ following the day of issuance.

A

fifth court day/ seventh CALENDAR day (HPM 100.69 4-11)
An EPO can only be issued by an on-call magistrate when reasonable grounds have been asserted that an immediate and present danger of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking exists and an EPO is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, elder/dependent adult abuse, or stalking.

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102
Q

Each time child abuse or neglect is suspected (including 273a PC when DUI, reckless driving), a DOJ report shall be submitted to the LCDA within __________.

A

36 hours of receiving information regarding the incident (HPM 100.69 5-4)

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103
Q

Upon locating/finding a missing person (child or adult), officers shall immediately notify _________________.

A

the Attorney General’s office via MUPS (HPM 100.69 6-4).
Officers should also notify the agency which generated the missing persons report and provide pertinent information within 24 hours.

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104
Q

What are the criteria for the Amber Alert?(Four Criteria)

A

Confirmation- Confirmation that an abduction has occurred (e.g., witness verification, alternative explanations for a child’s absence eliminated).
Seventeen/disability- The victim is 17 years of age or younger, or an individual with a proven mental or physical disability.
Imminent- The victim is in imminent danger of serious bodily injury or death.
Information- There is information available that, if disseminated to the public, could assist in the safe recovery of the victim (HPM 100.69 9-4)

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105
Q

Silver Alert Criteria. A law enforcement agency may request a Silver Alert be activated if the agency determines the following conditions are met:

A

(1) The missing person is 65 years of age or older, developmentally disabled, or cognitively impaired.
(2) The investigating law enforcement agency has utilized all available local resources.
(3) The law enforcement agency determines the person has gone missing under unexplained or suspicious circumstances.
(4) The law enforcement agency determines the person is in danger because of age, health, mental or physical disability, environment, or weather conditions, the person is in the company of a potentially dangerous person, or other factors indicating the person may be in peril.
(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
(HPM 100.69 11-3)

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106
Q

Is there a requirement for the officer accepting custody of a person arrested by a private person to determine probable cause for the arrest?

A

No (HPM 100.69 1-15)

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107
Q

When a member of this Department handles a hate crime investigation to conclusion, the victim shall be provided with what 2 forms?

A

A CHP 876, Rights of Hate Crime Victims brochure. The investigating officer shall also provide the victim with a CHP 174, Right to Privacy Acknowledgement. (HPM 100.69 1-26)

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108
Q

Arrest Reports. If confidentiality is invoked, how shall the report be formatted?

A

The CHP 174 shall become the face page to the report. “John/Jane Doe” shall be inserted in the place of the victim’s name on the CHP 202 or CHP 216 and the address shall be excluded. The CHP 174 shall remain confidential and only be released with the report when it is provided to the district attorney’s office for purposes of prosecution or to an allied law enforcement agency for follow-up investigation. (HPM 100.69 1-28)

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109
Q

A law enforcement agency may request a Yellow Alert be activated if the agency determines the following conditions are met:

A

(1) A person has been killed or has suffered serious bodily injury due to a hit-and-run incident.
(2) There is an indication that a suspect has fled the scene utilizing the state highway system or is likely to be observed by the public on the state highway system.
(3) The investigating law enforcement agency has additional information concerning the suspect or the suspect’s vehicle, including, but not limited to, any of the following:
(a) The complete license plate number of the suspect’s vehicle.
(b) A partial license plate number and additional unique identifying characteristics, such as the make, model, and color of the suspect’s vehicle, which could reasonably lead to the apprehension of the suspect.
(c) The identity of the suspect.
(4) Public dissemination of available information could either help avert further harm or accelerate apprehension of the suspect based on any factor including, but not limited to, the severity of the injury, the time elapsed between a hit-and-run incident and the request, or the likelihood that an activation would reasonably lead to the apprehension of a suspect.
– HPM 100.69 12-4

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110
Q

Advertising Vacancies Statewide. Vacant positions shall be advertised for a minimum of ___ _________ days. The advertisement is valid for ___ _____ from the posted date.

A

ten calendar, 180 days 2-11

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111
Q

The maximum travel distance from residence to work location (command office location) using a state vehicle shall not exceed ____ miles (_____ miles for commanders).

A

50 / 70. (HPM 10.3, 4-5)

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112
Q

When a supervisor recommends denial of an employee’s salary adjustment, the supervisor shall prepare a ____________ informing the employee of the reason(s) for the denial and the right to appeal the action before completing the certification.

A

Memorandum - HPM 10.3 6-7

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113
Q

Employees on 12 months probation will receive written appraisals at _______, _____, and ________ and more frequently as necessary.

A

4 months, 8 months, 12 months (4 month increments) (HPM 10.3 7-3)
An employee serving a 12-month probationary period must work a
minimum of 1,680 hours during the 12-month period.

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114
Q

Employees on a 6-month probation shall receive written appraisals at ___________, ________, and __________, and more frequently as necessary.

A

2 months, 4 months, 6 months (HPM 10.3 7-3). An employee serving a 6-month probationary period must work a minimum of 840 hours during the 6-month period.

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115
Q

California Family Rights Act Bonding Leave. Once a child is born, an employee is entitled to choose to utilize CFRA leave immediately or continue on PDL for the period of actual disability after birth (generally 6 to 8 weeks) and then commence an additional 12 weeks of unpaid bonding with their baby under the CFRA. The CFRA bonding leave need not be taken right after the baby is born, but it must conclude within __________ of the child’s birth.

A

1 year (10.3 8-32)

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116
Q

Supervisors who accompany employees to medical appointments SHALL advise the physicians that _______ is the adjusting agent.

A

SCIF (HPM 10.3 20-2)

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117
Q

Sergeants and officers may earn up to ____ hours of CTO. Hours earned in excess of that amount hours shall be converted to paid overtime as provided in the BU 5 agreement.

A

480 (HPM 10.3 24-8)

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118
Q

A notice to AWOL employees will be sent to the employee’s last known place of residence. Service is effective _________ after the postmark date for addresses within California, _____ days after the postmark for addresses outside California but within the U.S., and _____ after the postmark for addresses outside the U.S.

A

5 calendar days, 10 days, 20 days (HPM 10.3 9-8)

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119
Q

LC 4800.5 provides that uniformed employees who are temporarily disabled from a work-related injury or illness are to receive full salary for a period of up to _______.

A

one year (HPM 10.3 20-5)

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120
Q

Employees may be granted a maximum of _____ of work time to vote provided there is insufficient time to vote outside of working hours. Employees shall give at least __________ notice of the intent to take time off to vote.

A

two hours / two working days (HPM 10.3 26-21)

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121
Q

Completion of the CHP 415. Employees shall complete a CHP 415 within ______ of the end of each work shift and forward all CHP 415s to the reviewing supervisor for the approval or rejection of the records within the next _______ period. 28-15

A

24 hour / 24 hour (HPM 10.3 28-16)

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122
Q

T/F- Canine pay is a specialty pay for officers

A

False - it is a care and maintenance premium (HPM 10.3 32-12)

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123
Q

Long-term U.S. military leave cannot exceed how many years?

A

5 (HPM 10.3 8-17)

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124
Q

An employee serving a 12-month probationary period must work a minimum of _____________ during the 12-month period.

A

1,680 hours (HPM 10.3 7-3)

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125
Q

What is considered short term military leave?

A

6 months 180 calendar days or less (HPM 10.3 8-14)

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126
Q

Are employees allowed to work overtime while on FMLA?

A

Overtime shall be allowed; outside the employee’s normal work shift, on an RDO, or at the commander’s discretion in order to meet the needs of the Department. However, if an employee is on an FMLA/CFRA leave for the employee’s own serious illness or injury, overtime shall not be allowed during that period of leave. In addition, overtime shall not be allowed if the employee is on an unpaid leave. (HPM 10.3 8-43)

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127
Q

Is an employee required to sign a CHP 2?

A

No (HPM 10.3 15-2). Supervisor must sign and write “refused to sign”

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128
Q

(1) Uniformed employees who are on an approved leave of absence for less than 1 year shall be retrained and recertified at __________________.
(2) Uniformed employees who are on an approved leave of absence for 12 continuous months to 2 years are required to complete ______________________ prior to resuming field-related duties at their assigned commands.
(3) Uniformed employees who are on an approved leave of absence for over 2 years are required to complete ____________________________ prior to resuming field-related duties at their assigned commands.

A

their assigned commands /
Refresher Training at the Academy / Reinstatement Training at the Academy
HPM 10.3, 8-7

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129
Q

Employees are prohibited from engaging in any secondary employment activity until they have received written approval from _____ _____ on a CHP 318

A

Their Commander. (This shall apply to employees on vacation, and all leaves of absence with pay (except military leave). (HPM 10.3 14-4)

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130
Q

Overtime Credit. Overtime will be credited on a ___________ basis with a full quarter hour credit to be granted if half or more of the period is worked.

A

one-quarter-hour. Smaller fractional units will not be accumulated HPM 10.3, 24-4

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131
Q

For the purpose of assigning voluntary overtime details, uniformed employees shall not be considered available if the assignment would result in the employee working more than _______ hours in any 24-hour period.

A

16.5 10.3 Pg 24-10

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132
Q

Supervisors shall be responsible for approving overtime. A supervisor ____ ____ allow an employee to perform overtime work without prior authorization.

A

Shall not. (HPM 10.3, 24-7)

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133
Q

Excess hours. To ensure an employee has enough excess hours to use when the employee did not work the required hours, the employee should maintain a balance of _______ hours. When an employee’s plus excess hours balance exceeds ___ hours, the employee may be required to utilize excess hours to return to a balance of ___ hours.

A

16-40 hours / 40 hours / 40 hours HPM 10.3 pg 28-18

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134
Q

When 4 or more hours of a shift fall between the hours of ______ and _______, officers and sergeants shall receive Evening/Swing Shift compensation. When 4 or more hours of a shift fall between the hours of __________ and ___________, officers and sergeants shall receive Night Shift pay.

A

6:00 pm and 1:00 am; 11:00 pm and 6:00 am. (HPM 10.3, 32-14)

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135
Q

Officers who are assigned to perform the duties of an Officer-In-Charge (OIC) for _____ hours or more during a shift will receive ______ percent of the daily base salary.

A

6; 5. (HPM 10.3, 32-14)

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136
Q

What are the three phases of DUI detection?

A

Phase 1- Vehicle in motion
Phase 2- Personal contact
Phase 3- Pre arrest screening (HPM 70.4 2-1)

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137
Q

A DS 367 or DS 367M _____ be completed for every subject arrested for DUI (Sections 23152/23153 CVC), regardless of their BAC.

A

Shall (HPM 70.4 4-4)

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138
Q

When may officers include a charge of Section 273a(b) PC (child endangerment)?

A

Whenever a person is arrested for a violation of Section 23152 CVC and a person under 18 years of age is a passenger in the vehicle. (HPM 70.4 4-7)

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139
Q

In cases in which a subject evades arrest and flees into a residence, are officers justified in entering the residence in order to prevent the destruction of evidence?

A

Yes (HPM 70.4 4-10)

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140
Q

Implied Consent laws do/do not apply to DUI on a bike or scooter.

A

Do not (HPM 70.4 5-3)

141
Q

When will nonconsensual blood draws be performed when the suspect is suspected of being in violation of Section 23140 CVC?

A

When a traffic collision results in the death of a person and an arrest for felony vehicular manslaughter (HPM 70.4 5-23)

142
Q

What is required in order to conduct a nonconsensual blood draw?

A

-a valid search warrant, signed by the appropriate magistrate
-or the exigent circumstances (beyond the mere dissipation of alcohol in the blood) (HPM 70.4 5-19)

143
Q

The arresting officer ______ obtain supervisory approval prior to the arrestee being physically compelled to submit to a blood draw. The approving supervisor, if readily available, ______ be present during the procedure.

A

Shall / Should (HPM 70.4 5-23)

144
Q

Admin Per Se provisions only apply to ____ or _________; they do not apply to _________.

A

BAC levels or refusals; DUI of drugs (HPM 70.4 6-5)

145
Q

The original DS 367, the violator’s California driver license (if available), and a copy of the breath test results must be forwarded to DMV within __________.

A

five business days (HPM 70.4 6-6)

146
Q

The PAS devices shall be checked for accuracy every _______ ___________ days or _____ tests, whichever occurs first.

A

10 CALENDAR days , 150 tests (HPM 70.4 7-11)

147
Q

Areas shall prepare operational plans for each checkpoint and submit them to Division so they may be approved at least _______ before the scheduled date of operation.

A

one week (HPM 70.4 8-6)

148
Q

Areas are required to provide a printed news release to the media _____ hours prior to the checkpoint operations. Specific checkpoint locations shall not be released sooner than _____ hours prior to the checkpoint start time.

A

48 hours / two hours (HPM 70.4 8-13)
Notifications shall include general information outlining date(s), time(s), and geographical areas where checkpoint operations will occur. No paid advertisements will be authorized.

149
Q

Checkpoint operational plans shall be kept on file by the Area for a minimum period of __________, in the event they are needed for court cases.

A

two (2) years plus the current year (HPM 70.4 8-8)

150
Q

Sobriety/driver license checkpoint teams should normally operate for periods of __________. The team leader may discontinue operations at any time for safety reasons.

A

four to six hours HPM 70.4 8-9

151
Q

At least ______ warning signs shall be used when setting up a sobriety checkpoint.

A

six (HPM 70.4 8-15)

152
Q

Checkpoints. The team leader _____ monitor traffic to ensure that a back-up of vehicles does not occur. The average time a vehicle spends in the lane should not normally exceed ________. At intervals of approximately __________, a vehicle should be selected and timed through the checkpoint lane and the time noted on the CHP 205, Sobriety/Driver License Checkpoint Activity Report.

A

Shall / Three Minutes / Ten Minutes (HPM 70.4 8-10)

153
Q

What is the optimal screening time of each vehicle in a Sobriety/Driver License Checkpoint?

A

Optimally, screening should not take more than 30 seconds. (HPM 70.4 8-10)

154
Q

If the only offense at checkpoint is 12500- The vehicle _______ be released to the registered owner, provided they are a licensed driver, or to any licensed driver authorized by the registered owner to take possession of the vehicle.

A

Shall (HPM 70.4 8-12)
The registered owner, or their authorized agent, has until the end of the checkpoint to remove the vehicle.

155
Q

Which three FSTs should be used as primary FSTs, whenever possible?

A

Due to their scientific validation, HGN, Walk and Turn, and One Leg Stand should be used as primary FSTs whenever possible. HPM 70.4 2-21

156
Q

What form must be provided to an in custody to release them for a misdemeanor DUI to a hospital? Where does the original go?

A

Upon the concurrence of a supervisor release the arrestee pursuant to Section 849(b)(1) PC and issue a CHP 103, Certificate of Release from Custody. The officer shall provide the arrestee with a copy of the CHP 103 and file the original with the CHP 202.

157
Q

Although not all-inclusive, what four incidents in policy meet the criteria of a Threshold Incident?

A

(1) Any incident in which a member of the Department is seriously injured or killed during the performance of their duties.
(2) Any incident involving departmental personnel which results in serious injury, hospitalization, or death to a member of the public.
(3) When a member of the Department intentionally or by accident discharges a firearm at a person, whether on or off-duty, and whether or not an individual is struck.
(4) Any sensitive or complex internal investigation when the liability appears to be that of the Department. HPM 100.86 1-7

158
Q

Threshold Incidents. What kind of notification must be made for threshold incidents? The
completed CHP 268 shall be transmitted by Area to the appropriate Division within _____________ days of the date of the incident.

A

requires immediate notification to the Emergency Notification and Tactical Alert Center (ENTAC) / seven calendar HPM 100.86, 2-3

159
Q

List examples of Nonthreshold PCL Incident:

A

1) Any incident involving a patrol vehicle collision which results in an “other visible” and/or “complaint-of-pain” injury to a party or parties, other than a member of the Department.

2) Any incident involving the use of force by a member of the Department which results in an other visible and/or complaint-of-pain injury to a suspect or bystander.

3) Any incident involving an other visible and/or complaint-of-pain injury from the use of handcuffs. (indentations and/or redness only do not require a CHP 268).

4) When high-risk or felony stop procedures are used and the suspect(s) is/are later found to be an innocent party.

5) An incident where a civilian slips and falls in the front lobby of an Area office and sustains an injury.

6) When an innocent party’s vehicle runs over a spike strip.

7) Any incident when there is damage caused by the push-bumper removal of a vehicle or equipment from the roadway.

NOTE: The foregoing examples of Nonthreshold PCL Incidents are not all-inclusive.
Accordingly, sound professional judgment will dictate the need for documentation of
employee actions during incidents which could cause civil liability for the Department.
When any doubt exists as to the necessity for a report, a CHP 268 should be completed. HPM 100.86 1-9

160
Q

Nonthreshold PCL Incident. A nonthreshold PCL requires the transmission of a completed
CHP 268 by Area to the appropriate Division within ______________ days of the date of the
incident.

A

seven calendar HPM 100.86, 2-3
In those instances when a CHP 268 cannot be completed in the aforementioned time
frame, a preliminary report shall be created.

161
Q

What is a CHP 275, when shall it be completed, and in what time frame?

A

275 is a Use of Force Form/ It shall be completed for any incident in which a peace officer utilizes force to overcome physical resistance from an uncooperative civilian/ Shall be transmitted to Division within seven calendar days of the date of
incident. HPM 100.86, 3-4
The mere display or threatened or attempted UOF option does not constitute a UOF incident for reporting purposes (e.g., the display of an ECD or baton to de-escalate a situation; the display of firearms during high- risk or felony stop procedures).

162
Q

The discharge of a firearm by a departmental peace officer _________ be reported utilizing the
CHP 275, whether or not the subject was struck.

A

Shall HPM 100.86 3-4

163
Q

All UOF incidents which result in injury to a civilian shall be documented on a ____________.

A

CHP 275 AND a CHP 268 / HPM 100.86 3-4
Complaint of pain and/or visible injury shall be considered an injury for reporting purposes. This would NOT include ECD deployments where the only injury is probe and puncture marks or incidents where mere redness or indentations are the only injury associated with the proper application of handcuffs.

164
Q

All materials/documents marked Preserved for Threshold Incidents shall be retained on a _______ litigation hold. Nonthreshold PCL Incidents shall be retained on a ________ litigation hold.

A

10 year / 5 year HPM 100.86, 2-5

165
Q

(In custody death) For the BCIA 713 reporting purpose, custody is defined as any point in
time when a person’s freedom of movement has been denied by law enforcement. This
would include the following:

A

(1) During the process of arrest (e.g., issuance of a citation, high-risk and/or felony enforcement stops, lawful detention).
(2) Death of a person while attempting to elude police (does not include the death of an uninvolved third party out of a pursuit).
(3) In-custody arrest being transported to or from law enforcement facilities. HPM 100.86 4-3

166
Q

All in-custody/arrest-related deaths shall be reported to the Office of Risk Management
(ORM) within _______________ from the date of incident and to the Attorney General within
_________________ .

A

seven calendar days / ten calendar days HPM 100.86 / 4-3

167
Q

Which reports are required for any incident involving a state vehicle being driven by a state
driver which results in injury or property damage, whether on or off highway? What are
the time frames?

A

CHP 208- to Division within seven calendar days.
STD. 270- to Division within seven calendar days and DGS/ ORIM within 48 hours.
CHP 555- same as CHP 208 or when completed. HPM 100.86 5-6
CHP 442- updated within three days HPM 10.7 5-5
CHP 121 (if injury to officer) signed by employee within 24 hours, commander within 3 days

168
Q

What incidents shall be recorded on a CHP 442?

A

Whenever an employee is involved in a collision or suffers an injury requiring the
submission of a CHP 121 HPM 100.86 5-7

169
Q

When an individual claims to have suffered a loss of $1,000 or less, they shall be provided a
______________. A field supervisor ___________ carry this form with them in order to expedite
the claim process.

A

CHP 287 / should HPM 100.86 6-4

170
Q

What form shall be completed as soon as possible in response to the submission of a CHP
287?

A

CHP 268

171
Q

When should a 287 claim be expedited?

A

a. A spike strip is deployed causing tire damage to an unintended vehicle.
b.A departmental employee loses or damages personal property of an individual
(e.g., losing a driver license during an enforcement contact, breaking an individual’s
watch during handcuffing, losing personal property departmental employees had a
duty to care for). HPM 100.86, 6-7

172
Q

Pursuit reports shall be completed and routed to the respective Division within __________
days from the date of the pursuit.

A

seven calendar HPM 100.86 7-3

173
Q

If an officer is involved in a pursuit outside the geographical boundaries of their home
command, who is responsible for creating the report for the pursuit?

A

the involved officers’ home command HPM 100.86, 7-4

174
Q

Commands shall only document minutes and mileage relating to their unit’s involvement in
a pursuit when:

A

The pursuit is within the geographical boundaries of the command AND the
command has at least one unit in the pursuit, regardless of position. HPM 100.86, 7-
6 Example: If a South Sacramento Area unit pursues a suspect into the
North Sacramento Area and a North Sacramento Area unit joins the
pursuit, South Sacramento Area will discontinue accounting for minutes
and mileage at that time. The North Sacramento Area will begin
accounting for the minutes and mileage from the time they join the pursuit.

175
Q

If involved in a multi-Agency pursuit, the CHP Area supervisor _______ remind the
allied agency representative of their responsibility to submit a ___________.

A

Shall / CHP187A HPM 100.86, 7-7

176
Q

Special Relationships. A Peace Officer owes a duty of care to the public when the officer:

A

(1) Places a person in peril;
(2) Affects or increases the risk of harm to a person by specific conduct; or
(3) Creates a special relationship by making an expressed or implied promise to
undertake specific conduct on behalf of an individual and that individual
detrimentally relies on that promise. HPM 100.86, 8-3

177
Q

Early Intervention System (EIS). Upon request, employees __________ be given the
opportunity to view their Blue team EIS dashboard with a supervisor. Additionally,
supervisors _________ provide employees with a copy of their EIS dashboard printout to
review during the employee’s annual performance evaluation.

A

Shall / should HPM 100.86, 9-9

178
Q

The organization framework for mutual aid within the state is based on four levels of
increasing responsibility and activation. What are the four levels?

A

Local (cities), operational areas (counties), regional (two or more counties), and
state. HPM 100.67 / 1-4

179
Q

Approval of __________ is required before committing CHP resources in response to a request
for mutual aid.

A

the Commissioner or his/her designee (HPM 100.67 1-5)
Mutual aid is a planned cooperative effort between city, county, and state emergency
response agencies to ensure consistent and efficient emergency services to each other
in extraordinary situations.

180
Q

Mutual aid support- Prior to receiving approval to commit resources, _____________ may
authorize mobilization of as many personnel within the affected Area or adjacent Areas as
they determine are needed.

A

Division chiefs (HPM 100.67 1-7)

181
Q

Except for _____ _____ _____ and _____ _____ _____ ; mutual aid, the CHP will not normally
dedicate departmental resources directly to city requests prior to the reasonable
commitment of available county resources.

A

“officer needs assistance”; and “emergency traffic assistance”; (HPM 100.67 1-3)

182
Q

In most cases, national parks are exclusive jurisdiction enclaves. Local or state law
enforcement personnel are prohibited from assisting in mutual aid situations because of a
_____________.

A

complete lack of authority (HPM 100.67 1-12)

183
Q

_________ is the primary back-up law enforcement agency for any city whose police
department is involved in a job action (sick out/ strike)

A

The sheriff (HPM 10.67 1-11)

184
Q

The bordering state’s Fresh Pursuit Acts statutorily extend peace officer authority to
officers from other states when in “fresh pursuit” of a ______________.

A

fleeing felon (100.67 5-1)

185
Q

Departmental personnel shall not provide service or assistance to a city or county law
enforcement agency involved in a job action unless authorized by:

A

The Commissioner; Deputy Commissioner; Assistant Commissioner, Field; or
Assistant Commissioner, Staff. (HPM 100.67 1-8)

186
Q

All assistance rendered voluntarily or in response to a request from an adjoining state,
shall be limited to that area within ____________ of any point along the common border of the
affected states

A

50 statute miles (HPM 100.67 4-4)

187
Q

Whether in pursuit or for collision/investigative follow-up, supervisory approval _____ be
obtained prior to entering the adjoining state. When prior notification is impractical,
officers _____ make notification as soon as possible. Officers _____ also immediately notify the
appropriate local law enforcement agency of the nature and circumstances surrounding the
incident..

A

Should, shall, shall (HPM 100.67 5-2)

188
Q

Immunity claims need to be forwarded to AC field within __________.

A

48 hours (HPM 100.67 Annex A)

189
Q

T/F Routine enforcement of traffic violations (infractions) can be made outside the State of
California.

A

False (prohibited) (HPM 100.67 5-4)

190
Q

Indian reservations and rancherias are to be considered exclusive jurisdiction with respect
to civil matters, and neither the Department nor local government can ______________________.

A

-Cite for parking violations,
-impose Administrative Per Se driver license sanctions,
-enforce the “zero tolerance” minor driving-under-the-influence law,
-enforce local ordinances.
However, these violations, when committed by tribal members on another tribe’s
reservation or rancheria, or by non- Indians, are enforceable by the Department.
(HPM 100.67 6-6)

191
Q

Officers should take appropriate enforcement action for all violations observed, regardless
of claims of diplomatic or consular immunity alleged by violators. However, a person shall
not be subjected to in-custody arrest when:

A

(1) Diplomatic or consular immunity is claimed by the individual or suspected by
the officer, and
(2) The officer has verified or reasonably suspects that the claim of immunity is
valid. (HPM 100.67 8-3)

192
Q

Since the host country’s right to protect its citizens supersedes immunity privileges, when
may peace officers intervene?

A

When necessary to prevent the endangerment of public safety or the commission of
a serious crime, regardless of immunity claims. (HPM 100.67 8-4)

193
Q

Diplomatic agents (e.g., ambassadors and United Nations' representatives) are afforded the
highest levels of immunity. They ________ exempt from arrest or detention and ________
immune from all criminal (and most civil) prosecution by the host state. The family
members of diplomatic agents ________ afforded these same immunities.

A

Are / are / are (HPM 100.67 8-4) There are no diplomatic agents permanently
assigned to California; but, they do occasionally visit the state.

194
Q

While policy cannot realistically predict every possible situation, the decision regarding which force option to select should be guided by the following key principles:

A

(1) Sound professional judgment.
(2) Use of force that is objectively reasonable based on the totality of the
circumstances perceived by the officer at the time, as provided by law and in
conformance with departmental policy. HPM 70.6 1-5/6

195
Q

What are the three force options?

A
  1. Nondeadly
  2. Intermediate
  3. Deadly (HPM 70.6, 1-6)
196
Q

Supervisor’s approval to destroy the animal _______ be obtained with consideration of the geographical location and the officer’s experience.

A

Should HPM 70.6 2-5

197
Q

Vehicle Code Section 21055 grants the operators of AEV exemptions to the rules of the road when the vehicle displays a red light visible to the front and the siren is operated as reasonably necessary in conjunction with one or more of the following conditions:

A

(1) In response to an emergency call.
(2) While engaged in rescue operations.
(3) In the immediate pursuit of an actual or suspected violator of the law.
(4) In response to, but not returning from, a fire alarm. (HPM 70.6, 5-3)

198
Q

The supervisor is accountable for ensuring the pursuit is conducted in accordance with the provisions of this chapter, including:

A

No more than the necessary number of units are involved
Request for aircraft has been made.
The appropriate radio channel is being utilized.
Affected allied agencies have been notified. HPM 70.6 5-13

199
Q

Under certain circumstances the officer should discontinue a pursuit. Such circumstances may include, but are not limited to:

A

Risk - The known circumstances of the pursuit present an extreme safety hazard.
Identity - Information about the suspect’s identity has developed during the pursuit which will allow later apprehension.
Allied Agency - An allied agency has been notified to discontinue their participation in the pursuit ut refuses to do so
Location - The pursued vehicle’s location is no longer definitely known.
HPM 70.6 5-18

200
Q

The decision to attempt legal intervention shall be based on careful consideration of all facts apparent to the officer and should be initiated when conditions permit. A supervisor’s permission (should/shall) be obtained prior to initiating legal intervention.

A

Should (HPM 70.6, 5-18)

201
Q

Ramming ________ not occur when either the pursued vehicle or the pursuing vehicle is traveling in excess of ____ miles per hour (mph).

A

should / 35 MPH (HPM 70.6 5-20)

202
Q

What are the Legal Intervention/Forcible Stops?

A

Channelization
Roadblocks
Ramming
Hollow Spike Strip
Box-in
Use of Firearm HPM 70.6, 5 –19-22

203
Q

How often shall the CHP 228, Pursuit Policy Attestation, shall be completed by all uniformed employees?

A

annually (HPM 70.6 5-25)

204
Q

The spike strip should not be deployed to stop the following vehicles unless the
continued movement of the pursued vehicle would result in an unusual hazard to others.

A

Any vehicle transporting a hazardous material as defined in CVC Section 2402.7.
Any passenger bus transporting passengers.
Any school bus transporting pupils.
Any vehicle that would pose an unusual hazard to innocent parties.
(HPM 70.6, 5- 20-21)

205
Q

The supervisor shall ensure the vehicle is placed out-of-service if the vehicle experienced any level of reduced ___________ or ________ during the high performance driving.

A

Brake efficiency or damage HPM 70.6 5-23

206
Q

Department policy requires patrol vehicle speedometers be calibrated every ___________________ using radar or a fifth wheel.

A

90 days or 30,000 miles (HPM 70.6 7-7)

207
Q

Radar. The speed obtained by radar is used only to verify the officer’s _______ ______ of
the speed. Officers must complete ___ hours of Office of the Academy specialized
training and ___ hours of field training before they are certified to operate the equipment
for enforcement purposes.

A

Visual estimate / 24 hours / 30 hours (70.6 / 7-7)

208
Q

A minimum of ________ officers should be used during felony stops.

A

three (one may be a sergeant) (HPM 70.6 8-14)

209
Q

What are the recommended distances for making felony stops using a PV? Using a motorcycle?

A

Patrol vehicle = 30 feet (8-9) / Motorcycle = 45 degree angle, distance of 50 to 75 feet (HPM 70.6 8-26)

210
Q

Officers shall not employ a roadblock except as permitted in this chapter for the purpose of the apprehension of _______________ and/or _____________________.

A

a fleeing felon and/or disaster relief HPM 70.6, 16-3

211
Q

During the course of enforcement duties, all certified officers and sergeants (may, should, shall) carry the ECD if available.

A

shall (HPM 70.6 29-4)
Exceptions to this policy include attendance at funerals and court appearances.

212
Q

Taser deployment- A supervisor _________ respond. Pictures of the probe sites, drive stun sites, and any other injuries ________ be taken.

A

should / shall (HPM 70.6 29-14)

213
Q

Regardless of actual use, all ECDs utilized for on-duty carry shall be downloaded each month and an audit shall be conducted at the Area/Division level to reconcile recorded activations with ECD deployment reports. Records shall be retained for how long?

A

the life of the ECD plus ten years. Electronic records (e.g., Cloud) will suffice. (HPM 70.6 29-14)

214
Q

An ECD should not be used on:

A

Handcuffed persons, unless they pose an immediate threat of injury to the uniformed
employee, themselves or others.
A subject who is simply noncompliant or in control of a vehicle in motion (including motorcycles
and bicycles).
A person in control of a vehicle if the uniformed employee has reason to believe the vehicle
could be put into motion.
Women who appear to be pregnant.
Subjects who appear to be elderly.
Subjects who appear to be frail.
Subjects who appear to weigh less than 80 pounds.
Young children.
HPM 70.6 29-8

215
Q

An ECD shall not be used:

A

To torture, psychologically torment, or inflict undue pain on any individual.
As a prod or escort device.
To rouse unconscious, impaired, or intoxicated individuals.
If there is reason to believe a subject has been exposed to flammable liquids.
If the use would occur in a flammable or explosive environment
If the subject could fall from a substantial height or into a pool, river, or other body of water.
where substantial injury or death could occur.
HPM 70.6 29-9

216
Q

Oleoresin capsicum spray _____ not be used at a distance of less than _ ____ unless an
extreme hazard exists to the officer or other persons (e.g., immediate threat of injury). The projector should not be aimed directly at the eyes at a distance of less than _ ____.

A

Shall, 3 feet, 5 feet HPM 70.6, 26-4

217
Q

The optimal deployment range for the 12-gauge shotgun with kinetic energy munitions is _ __ __ feet.

A

5 to 60 HPM 70.6 28-5

218
Q

What is the optimal distance of an Electronic Control Device?

A

7 feet to 15 feet HPM 70.6, 29-7

219
Q

When a subject has been exposed to the ECD and is suspected to be under the influence of _____________, a true medical condition may exist. The subject shall have medical attention as soon as practical.

A

stimulants (HPM /70.6 29-11)

220
Q

The FTEP program consists of a minimum of ___ hours of collaborative field training, and is divided into ____ phases.

A

600 hour/ 4 phases (10.11, page 1-3)

221
Q

How many Area FTEP coordinators must Areas have?

A

Each Area assigned a trainee shall provide an Area FTEP coordinator. When an Area is assigned more than two trainees, the Area will also provide an alternate Area FTEP coordinator.

FTEP Coordinators and their alternates are Sergeants (10.11, 2-6)

222
Q

Each Area FTEP coordinator and alternate coordinator (both sergeants) shall successfully complete:

A

POST-certified Field Training Supervisor/Administrator/Coordinator Course AND
40-hour FTO Basic Course within one year of assuming their roles (HPM
10.11 2-6)

223
Q

How many FTEP training cycles are there per year?

A

Usually four, which is reflective of how many cadet training classes go through the academy. FTEP cycles may vary depending on cadet classes (10.11; page 3-3).

224
Q

During phases I, II, & III, a trainee SHALL be provided with a minimum of ___ (hours) per phase. At the end of the four phases, trainees SHALL have been provided with a minimum of at least ___ (hours).

A

187 hours per phase/ 600 hours after four phases. (HPM 10.11; page 3-4)
Limbo days (the first day of Phases I, II, and III) are included in the total number of training hours as they are assigned to an FTO on that first day; however, the initial orientation period is not included.

225
Q

What shall be covered during the first week of FTEP?

A

At a minimum, tasks such as firearms and impact weapons qualifications, as well as trainee demonstrated proficiency in arrest and control techniques (CHP 199, Officer Safety Certification), SHALL be covered. (10.11; page 3-4)

226
Q

During Phase IV training, the test phase of the program, when should FTO’s intervene?

A

Officer Safety, Illegal/Unethical Activity, or Embarrassment to people, the department, or the FTO (10.11, page 3-5).

227
Q

What training must FTOs successfully complete?

A

Field Training Officer Basic Course and the Field Training Officer Update Module Courses every three years to satisfy the POST recertification requirement. HPM 10.11, 4-6
After a three-year or longer break in service as an FTO, every officer must
successfully complete the Field Training Officer Basic Course, or the three
Field Training Officer Update Module Courses, prior to training new officers.

228
Q

The CHP 51WP shall be used only for correspondence between ________.

A

state agencies (HPM 5.1 1-4)

229
Q

Correspondence shall be acted upon as soon as practicable. If it is required and the desired information cannot be furnished within _________ from the date of receipt, the correspondence shall be acknowledged with an interim response.

A

15 working days (HPM 5.1 1-4)

230
Q

The original of all correspondence shall be signed in ______ ink.

A

blue (HPM 5.1 1-4)

231
Q

Category 1 correspondence is prepared on a ____________, and shall be used for intradepartmental and interdepartmental correspondence.

A

CHP 51WP, Memorandum template (HPM 5.1 2-3) (Correspondence to appointed officials shall be prepared as a memorandum.)

232
Q

Category 2 correspondence is prepared on______________. It shall be used for correspondence directed to agencies or individuals outside of California state government.

A

California Highway Patrol (CHP) letterhead (HPM 5.1 2-3) The CHP letterhead can be used within state government for the following:
(1) Commendations of departmental and other state employees.
(2) Elected officials such as Governor, Lieutenant Governor, state Legislators, judges of the appellate and superior courts, and justices of the supreme court.

233
Q

How many spaces shall be between the signature block and the complimentary close in a letter.

A

Shall be blocked flush with the left margin and shall be four line spaces [three blank line spaces, type on the fourth line] below the complimentary close in a letter. (HPM 5.1 2-6)

234
Q

Complimentary Close. The complimentary close shall be blocked two line spaces below the body of the correspondence, flush with the left margin. “___________” shall be used to close all departmental letters. A comma shall follow at the end of the complimentary close.

A

“Sincerely” HPM 5.1 4-7

235
Q

Personal mail ________________ be dispatched using departmental stationery, envelopes, or postage.

A

shall not HPM 5.1, 5-4

236
Q

Communications Network (Comm-Net) messages may also be used to establish policy for up to _______________.

A

90 calendar days. HPM 5.1 6-3

237
Q

Short-term allowance applies to travel of ______________________________.

A

less than 24 hours, up to and including 30 days. HPM 11.1 2-6

238
Q

A headquarters shall be established for each employee and shall be defined as _____________.

A

the place where an employee spends the largest portion of the employee’s working time, the place to which the employee returns upon completion of a special assignment, or as CalHR may define in special situations. Resident Posts may be considered an employee’s headquarters, in which case, the headquarters’ address would be the same as the address of the Resident Post.
HPM 11.1, 2-12

239
Q

Travel Advances. Employees shall submit their request for travel advance at least ____ _____ days prior to the first day of travel but not earlier than ____ _____ prior to the first day of travel.

A

Two Business Days / Two weeks (HPM 11.1 2-8)

240
Q

Employees shall furnish original receipts when claiming reimbursement for lodging, airline tickets, ground transportation, vehicle rentals, rental vehicle refueling, valid excess baggage fees, training expenses, professional dues, licenses and fees, and for any item of expense of $_____ or more. Stricter requirements apply to the following expenses. Bridge and road tolls, streetcar, ferry fares, rapid transit system, taxi, prearranged transportation services, shuttle, or bus fares over $______. Parking fees over $_______ for each continuous period of parking. Telephone, fax, or other business charges related to state business over $_____.

A

$25.00 / $10.00 / $10.00 / $5.00 - HPM 11.1, 2-12

241
Q

No per diem shall be allowed at any location within ______of an employee’s headquarters or primary dwelling. If unavoidable hardship is created by this limitation, exceptions may be granted by the appropriate Commissioner.

A

50 miles - HPM 11.1 2-13

242
Q

Travel More than 24 Hours – when a trip is over 24 hours, but less than 31 consecutive days, employees may claim breakfast, lunch, and dinner on the first day of travel as follows:
(a) When a trip begins at or ___________ hours, employees may claim breakfast.
(b) When a trip begins at or ____________ hours, employees may claim lunch.
(c) When a trip begins at or ____________ hours, employees may claim dinner.

A

before 0600
before 1100
before 1700 HPM 11.1, 2-15

243
Q

Travel More Than 24 Hours – Last Fractional Day of Travel. When a trip duration exceeds 24 hours but less than 31 consecutive days, employees may claim breakfast, lunch, and dinner on the last fractional day of travel as follows:
(a) When a trip ends at or _______ hours, employees may claim breakfast.
(b) When a trip ends at or _______hours, employees may claim lunch.
(c) When a trip ends at or _______hours, employees may claim dinner.

A

after 0800
after 1400
after 1900 HPM 11.1, 2-15

244
Q

Represented employees may claim overtime meals when the employees are required to work the total number of hours in their regular shift and at least ____ hours immediately before or after a regularly scheduled work day and cannot be expected to return home for a meal. Employees may claim an additional overtime meal for each additional ____ hour period. No more than ____ overtime meals may be claimed for each 24-hour period.

A

Two / six / three - HPM 11.1, 2-17

245
Q

Privately-owned motorcycles or motor-driven cycles (are/ are not) authorized as a means of transportation in the conduct of official state business. Therefore, reimbursement for mileage expenses (is/ is not) authorized if an employee uses this means of transportation.

A

are not / is not (HPM 11.1 2-25)

246
Q

How much are witness fee deposits? How are they handled?

A

$275, A CHP 167 is provided to each requester, and the monies are forwarded to Fiscal Management Section. Photocopies of the counter receipt and check are stapled to each subpoena submitted with the CHP 230. (HPM 11.1, 4-10)

247
Q

Shortages due to fraud, embezzlement, burglaries, or robberies shall be reported to FMS, Cashiering Unit. Shortages of ______ or more must be reported in writing no later than the first business day following the discovery of the shortage. An original and one copy of all reports shall be submitted to FMS, Cashiering Unit.

A

$6.00 (HPM 11.1, 4-26)

248
Q

If the hiring company/agency gives cancellation notification to the Department less than _____ prior to the scheduled work service/detail, a short notice cancellation fee of _____ will be charged for each CHP uniformed employee assigned.

A

24-hours, $50 / HPM 11.1 6-6
Cancellations must be made during normal CHP business hours between 0800 and 1700, Monday through Friday, excluding legal holidays. (Weekend details require notification on the Friday before, between the hours of 0800 and 1700.)

249
Q

When an individual claims to have suffered a loss $1,000 and under they shall be provided with a __________

A

CHP 287 / HPM 11.1 9-2

250
Q

All claims in excess of ___________ must be filed with the VCGCB (Victim Compensation and Government Claims Board) within _____ months of the date of the alleged incidents.

A

$1,000/six (HPM 11.1, 9-1)

251
Q

Areas shall review submitted claims (CHP 287) and prepare a ________ and shall include a recommendation as to whether the claim should be allowed or denied.

A

CHP 268 / HPM 11.1 9-2

252
Q

Unavailability of Officer. Subpoenas. An employee on ____________ or injury status is not considered unavailable for service.

A

Sick leave / HPM 11.1 10-4

253
Q

If the immediate superior or designated agent is tendered service of a subpoena less than ______________________ prior to the date of hearing, and he/she is not reasonably certain he/she can complete the service, he/she may refuse acceptance

A

Five working days / 11.1 10-3

254
Q

Public information from an arrest log includes the_____________________________.

A

Arrestee’s name, date of birth, gender, and criminal charges / HPM 11.1 13-3
Commanders can release the home addresses of arrestees when a CHP 190A, Request of Addresses of Arrestees, is submitted. Only business addresses of peace officers arrested shall be placed on the log.

255
Q

The office responsible for the processing of the PRA request shall send the Department’s written response to the requester no later than the close of business on the ______.

A

10th day / HPM 11.1 13-5

256
Q

Release of Arrest Reports on Civilian Employees. Labor Code Section 432.7 ________ law enforcement agencies from providing copies of arrest reports pertaining to employees who are non-peace officers to the employing agency prior to conviction.

A

Prohibits / HPM 11.1 13-11 (Therefore, if a request is received for a copy of an arrest report on an non-peace officer employee from the employing agency prior to a conviction, only the public information shown in Annex A regarding the arrest shall be released, regardless of whether the employee was on- or off-duty at the time of the arrest).

257
Q

Release of Arrest Reports on Peace Officers. Labor Code Section 432.7 _________________ a law enforcement agency to request from or provide to another law enforcement agency, a copy of an arrest report pertaining to the arrest of a peace officer employee prior to conviction.

A

Allows / HPM 11.1 13-11 Upon request, a complete copy of an arrest report pertaining to the arrest of a peace officer shall be provided to the law enforcement agency employing the peace officer at no charge.

258
Q

Heating Ventilation, and Air Conditioning (HVAC) systems shall not be heated above _____ nor cooled below ____.

A

68°, 78° / HPM 11.1 14-30

259
Q

Completed CHP 735s, Incident Response Reimbursement Statements, shall be forwarded to Fiscal Management Section (FMS), Reimbursable Services Unit, within ___________ days of one of the following dates: What is the max payout?

A

ten business, $12,000 per Government Code / HPM 11.1 20-4, 20-3,
(a)The date BAC results of .08% or greater are received.
(b)The date BAC results of .04% or greater are received for a commercial driver.
OR after the conviction of CVC Sections 23152, 23153, or greater offense as a result of one of the following:
(a) In the case of a refusal.
(b) An arrest for drugs only.
(c) A BAC of less than .08%.

260
Q

An X Number is a streamlined mechanism to quickly obtain simple services that have a total cost under $______ per state fiscal year. An X Number is provided in advance to contract service or repairs.

A

$5,000 / HPM 11.1 23-3

261
Q

What is the current Per Diem daily rate, including all meals and incidentals?

A

Breakfast $ 7.00
Lunch $11.00
Dinner $23.00
Incidentals $ 5.00
Total $46.00 (http://home.chp.ca.gov/resources/travel/travel.html)

262
Q

California Highway Patrol management administers contracts in ____ of the ____ bargaining units and shall apply and enforce the terms of these contracts.

A

12 of the 21 (HPM 9.1 1-5)

263
Q

The Department now has the right to require an employee who has accrued Compensating Time Off (CTO) to the maximum cap of ___ hours to burn off up to ___ hours of CTO, provided the Department gives the employee at least ___ hours’ notice of the days the employee will be required to take as CTO days. The “notice” should be in the form of an __________ or _____________ to the employee.

A

480 / 24 / 24 / email or memorandum HPM 9.1, 1-7
The Department can require the employee to burn off more than 24 hours of CTO if the anticipated need for a particular employee to work overtime exceeds 24 hours.

264
Q

Under the Dills Act, represented employees have the right to be represented by their exclusive representative regarding:

A

wages, hours, and other terms and conditions of employment. HPM 9.1 2-4

265
Q

“Represented employee” means an employee who is not designated as ____, ____, ____, or ______under the Dills Act. Another name for represented employee is ___ ____ employee.

A

supervisory, managerial, confidential, or excluded / rank-and- file (HPM 9.1 2-5)

266
Q

What does POBR stand for?

A

Public Safety Officers’ Procedural Bill of Rights (9.1, 2-5)

267
Q

If there is a conflict between departmental policy and the provisions of a negotiated contract (MOU), the ____________ shall be controlling.

A

Contract HPM 9.1 2-6

268
Q

Who are excluded employees?

A

Managerial employees
Confidential employees
Supervisory employees
Other excluded employees HPM 9.1 2-6/2-7

269
Q

What shall be the primary consideration when approving requests for the use of release time? The use of release time for employee representational matters may only be granted when?

A

The needs of the command. During an employee’s working hours. (HPM 9.1 6-3)

270
Q

Who has the authority to deny a request for state release time?

A

An employee’s supervisor. (HPM 9.1 6-4)
Permitting or denying state release time shall be consistent with the contract and departmental policy.

271
Q

When the representative has not been designated by an employee organization, is the employee and his representative entitled state release time for preparation?

A

No. neither the employee nor the representative receives state release time for preparation (HPM 9.1 6-6)
If management elects to call a meeting to discuss the grievance or complaint, both departmental employees receive state release time to meet with management

272
Q

Self-Representation. An employee who is representing themself in a grievance or complaint ____________________ the right to state release time for preparation.

A

Does not have / HPM 9.1 Pg 6-7
Time off for self-representation is limited only to a reasonable amount of time, as determined by management, to meet with management. It does not include preparation or investigative time.

273
Q

What is the difference between a grievance and a complaint?

A

The complaint procedure for represented employees settles disputes over policy or procedures.
A represented employee grievance alleges a violation of the contract. HPM 9.1 7-3

274
Q

What are examples of represented employee grievances?

A

(1) Denial of representation during the grievance procedure.
(2) Denial of overtime compensation provided by the contract.
(3) Annual Performance Evaluations. HPM 9.1 7-3

275
Q

Examples of represented employee complaints are:

A

(1) Allegation that an officer must work a graveyard shift alone.
(2) Denial of hardship transfer. HPM 9.1 7-3

276
Q

The first step to initiate the grievance/complaint procedure is an informal discussion between the employee and the employee’s _________.

A

Immediate supervisor (9.1, 7-5)

277
Q

Elements of a Formal Grievance/Complaint. The following information must be included on a formal grievance/complaint:

A

Alleged violation - specific provision or policy violated.
Statement of the problem.
Proposed remedy. HPM 9.1 7-7

278
Q

Grievance records shall be retained at the affected command for a period of_____year(s) following the date of the final action.
Complaint records shall be retained in the affected command for a period of _____ year(s) following the date of the final action.

A

three / one HPM 9.1 7-12

279
Q

T/F At any time during the grievance process, the grievant may withdraw their complaint and refile the same complaint/grievance at a later date.

A

False-A grievant may withdraw a grievance at any time; however,
they shall not file a subsequent grievance on the same alleged incident or
issue. HPM 9.1 8-6

280
Q

For Bargaining Unit 5 employees, a commander is obligated to meet-and-confer with a CAHP representative over the findings of a citizen’s complaint investigation or regarding any comment on performance documents (i.e., CHP 100s forms,, Memorandums of Direction, Correction or Findings, Censurable Incident Report), IF REQUESTED. This is known as __________________.

A

Informal Dispute Resolution (IDR) process. Annual evaluations (CHP 118s) are excluded from this process. The purpose of such a meeting is to resolve disputes through an informal process at the lowest possible level. (HPM 9.1, 11-4)

281
Q

Only the following are considered specialty pay positions:

A

Pilot or flight officer positions.
Investigator positions (Vehicle Theft Investigator or Fraud Investigator).
Motorcycle assignments.
Bilingual positions. HPM 9.1 14-4

282
Q

Prior to removing an employee for cause from any specialty pay position, approval must be obtained from _______________, through channels.

A

the appropriate Assistant Commissioner HPM 9.1 14-4

283
Q

An employee removed from a specialty pay position is entitled to a(n)________________ if desired.

A

administrative hearing HPM 9.1 14-5
Upon such an appeal, the employee will attempt to demonstrate that the action taken by the Department was inappropriate and the specialty pay position should be restored.

284
Q

Expressing support for a particular employee organization during a decertification election is an example of what?

A

Unfair Labor Practice (know all the examples) HPM 9.1, 12-3

285
Q

For the substance test to be effective, each supervisor must ensure that:

A

Reasonable suspicion is supported by proper documentation
Employee’s rights are not violated
Sample is properly collected
Chain of custody is maintained (HPM 9.2 1-3)
Without these safeguards, the necessity and appropriateness of the test could successfully be challenged.

286
Q

What are the “six Cs” of substance abuse?

A

Consistency, Confirmation, Collection of sample, Chain of Custody, Control of Quality, Contracts HPM 9.2 1-4.

287
Q

There are three constitutional issues when it comes to substance abuse testing:

A

(1) Fourth amendment - search and seizure.
(2) Fifth amendment - self-incrimination.
(3) Fourteenth amendment - due process. HPM 9.2 2-3

288
Q

Substance abuse policy states that no state employee who is on duty or on standby for duty shall:

A

(a) Use, possess, or be under the influence of illegal or unauthorized drugs or other illegal mind-altering substances; or
(b) Use or be under the influence of alcohol to any extent that would impede the employee’s ability to perform their duties safely and effectively. HPM 9.2 3-3

289
Q

The following departmental classifications have been designated and approved as _______________ positions:
(1) All peace officers.
(2) All cadets.
(3) Automobile Mechanic.
(4) Automotive Technician series.
(5) Commercial Vehicle Inspection Specialist I and II.
(6) Public Safety Dispatcher and Public Safety Operator.
(7) Public Safety Dispatch Supervisor I and II.
(8) Gunsmith.
(9) Heavy Truck Driver.
(10) Lead Automobile Mechanic.
(11) Lead Motorcycle Mechanic.
(12) Motor Carrier Specialist I, II and III.
(13) Motorcycle Mechanic.
(14) School Pupil Transportation Safety Coordinator.

A

Sensitive HPM 9.2 4-3/4

290
Q

Can a supervisor require clerical personnel to submit to mandated substance testing if the supervisor has reasonable suspicion?

A

No- The California Department of Human Resources rules do not permit the mandated substance testing of persons in nonsensitive positions. Despite this requirement, there is nothing in the rule which precludes a nonsensitive employee from voluntarily submitting to a substance test. HPM 9.2 5-3

291
Q

Reasonable suspicion exists only after the ____________________________ has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.

A

confirming official HPM 9.2 6-3
confirming official will be the first designated manager in the supervisor’s chain of
command

292
Q

For the purposes of the Department’s substance testing program, the __________ ________ will be the first designated manager in the supervisor’s chain of command.

A
  • Confirming Official (HPM 9.2 6-6)
293
Q

A positive substance abuse test will result from a blood alcohol level of ____ percent.

A

.04 (HPM 9.2 6-5)
Supervisors must remember, however, that any detected level of alcohol is prohibited by the statement of Inconsistent and Incompatible Activities.

294
Q

Substance Abuse. Use of the PAS device to establish reasonable suspicion (is/ is not) authorized.

A

is not (HPM 9.2 6-5)

295
Q

Substance Abuse. How shall ALL alcohol testing be conducted?

A

All alcohol testing will be conducted using evidential breath testing devices. HPM 9.2 7-3
CalHR discontinued the practice of obtaining a urine sample for ALCOHOL

296
Q

What kind of test should be used as the primary means of determining whether or not an employee has abused drugs?

A

urine HPM 9.2 7-3
At least 60 milliliters (approximately two fluid ounces) of urine is collected (to be split into two containers after collected) HPM 9.2 7-5

297
Q

Substance Abuse. Employees refusing to cooperate at any stage of the collection process may/should/shall be
ordered to cooperate and advised that failure to do so may subject them to disciplinary action
for insubordination. Do not attempt or threaten to use physical force to secure a sample.

A

Shall (HPM 9.2 7-6)

298
Q

Substance Abuse. After the sample has been collected, the command shall make notification to the substance testing coordinator at the OIA. The notification shall be emailed or faxed to OIA __________ hours after the specimen is collected.

A

no later than 48 hours HPM 9.2(7-7)

299
Q

If an employee tests positive for Marijuana and has a legitimate recommendation from a licensed physician, the MRO (will/ will not) consider marijuana to be a legal prescription.

A

will not HPM 9.2 7-8
any test which returns positive for marijuana will be considered evidence in support of a violation of the Department’s substance abuse policy.

300
Q

Substance Abuse. The employee is not entitled to representation during the testing process but does have the right to have a representative assist him/her to _________.

A

prepare a memorandum to the Medical Review Officer HPM 9.2 7-11

301
Q

In those instances where only alcohol is suspected, the employee should be returned to full duty the following day if ___________.

A

completely recovered from its effects. HPM 9.2 8-4

302
Q

Substance Abuse. The supervisor who made the initial determination of reasonable suspicion must prepare a _________________________________. Since there is an expectation of a __________ turnaround, this document may be handwritten or typewritten.

A

Reasonable Suspicion Report using the CHP 202X / 48-hour HPM 9.2 11-3
Supervisors are not required to provide the employee with immediate documentation of the cause for reasonable suspicion.

303
Q

Substance Abuse. A Reasonable Suspicion Report ______________ be completed whenever a determination of reasonable suspicion of workplace substance abuse leads to substance testing.

A

Shall HPM 9.2 11-4

304
Q

To whom are EAP services available?

A

to all employees and their lawful spouses, unmarried dependent children, and registered domestic partners (HPM 10.5 1-3)

305
Q

EAP is administered by __________ healthcare?

A

Magellan (10.5, 1-3)

306
Q

EAP Services. Those seeking assistance are entitled to the number of sessions shown below for each unrelated problem type, per fiscal year:

A

Excluded Employees = 7
Bargaining Unit 5 and 7 Employees = 7 (HPM 10.5 1-4)

307
Q

No information on identity, diagnosis, or treatment will be disclosed to the Department, or to anyone else, unless the individual accessing EAP services authorizes such a release in writing. Exceptions are when Magellan Healthcare is required by law to release information under the following circumstances:

A

Crime- If the individual confesses to a crime.
Abuse- If child or elder abuse is suspected.
Subpoenaed- When records are lawfully subpoenaed.
Harm- When the individual expresses a desire to harm him or herself or another person. HPM 10.5 1-3&4

308
Q

What is the purpose of a Management/Supervisor Referral Letter?

A

Such a referral may be offered as a means by which the employee can improve their performance; however, contact with EAP by the employee remains voluntary. (HPM 10.5 1-5)

309
Q

Can sick leave be utilized for employees attending EAP sessions?

A

Yes, if properly documented on a STD 634 (10.5, 1-4)

310
Q

A Peer Support Program (PSP) volunteer ____________ be found insubordinate for failure to divulge information obtained as a PSP volunteer under any administrative investigation of employee misconduct other than for ____________________.

A

cannot / criminal activities (HPM 10.5 2-4)

311
Q

Employee Substance Abuse Program. The protection of confidentiality within the Department shall not apply to employee misconduct which constitutes __________.

A

criminal activity HPM 10.5 3-4
for example, unlawful possession or use of controlled substances

312
Q

The CIRT is available to respond at the request of the Division or Area commander, when an employee is killed in the line of duty to provide assistance to _________________.

A

the involved command and the employee’s family HPM 10.5 5-3

313
Q

With the exception of a __________________, an employee’s attendance during a Critical Incident Stress Debriefing session is voluntary.

A

Shooting incident (HPM 10.5 6-3)

314
Q

The Department further recognizes the potential for critical incident stress reactions to exist in officers who, in the performance of their duties, are involved in the following: _________________. Commanders or their designee shall refer uniformed employees who have been involved in incidents of this nature to a CISD within ___________ of the incident. Commanders shall verify that the CISD has occurred.

A

(1) Discharge of a firearm at a person, whether or not injury or death occurs.
(2) Are the target of an assailant’s discharged firearm, whether or not injury results.
72 hours HPM 10.5 6-4

315
Q

If the appointed debriefing counselor recommends that the employee should not return to work for a specific period of time, or if, in the opinion of the immediate commander, administrative time off for the employee would be reasonable and prudent. The involved employee may be granted up to________ of paid administrative time off.

A

five days HPM 10.5 6-4
Additional time off may be charged to the appropriate leave credits.

316
Q

Supervisors are responsible for ensuring that reported unsafe or unhealthy conditions are documented on the ______________________________.

A

CHP 113B, Hazard Report/Inspection form. (HPM 10.6 1-5)

317
Q

Supervisors __________ investigate accidents, injuries, and exposures to determine whether or not unsafe work procedures or conditions were causative.

A

Shall (HPM 10.6, 1-5)

318
Q

The Command Occupational Safety Committee (COSC) shall meet at least __________ upon notification by the chairperson.

A

Quarterly (HPM 10.6 2-8)

319
Q

A newly-appointed Command Safety Coordinator (CSC) shall conduct a command self-inspection, within ___________. The CSC shall be appointed for a minimum term of assignment of ______________.

A

30 days of his/her appointment / one year and shall be at the rank supervisor or above (HPM 10.6 2-10)

320
Q

An injury or illness which occurs during an employee’s temporary assignment shall be charged to the command where the employee is temporarily assigned UNLESS the assignment is for _____________.

A

control of civil disturbance HPM 10.6 3-9
An injury or illness which occurs during a civil disturbance assignment shall be charged to the command where the employee is permanently assigned at the time of the injury or illness.
An injury or illness which occurs while the employee is traveling to or from a temporary assignment shall be charged to the command where the employee is permanently assigned at the time of the injury or illness. 3-10

321
Q

A “fleet accident” generally is any collision involving any motor vehicle operated
by Department personnel while on official business. This includes privately
owned, rented, leased, or General Services pool cars. It does not include
____________________________.

A

privately owned motorcycles (HPM 10.6, 3-10)

322
Q

Alleged Unsafe Condition. The Division of Occupational Safety and Health (DOSH), Compliance Office, may issue a complaint letter alleging an unsafe condition in the command. The command is required to investigate the alleged condition and respond to the DOSH, Compliance Office, in writing within _____________.

A

14 calendar days HPM 10.6 5-3

323
Q

All employees who frequently (how long) are required to drive on official business should/shall be trained in defensive driving techniques in accordance with State Administrative Manual (SAM), Section 0751.

A

once a month or more, shall (HPM 10.6 8-3)

324
Q

Employees who infrequently (how long) drive on official business may operate a state or private vehicle for a limited period, provided they have successfully passed a road test as described in Paragraph 3.a.(4) above.

A

less than once a month (HPM 10.6 8-4)

325
Q

Uniformed employees will receive a minimum of _________ per year of commentary driver training. The annual behind-the-wheel review of driving will be conducted by a ________.

A

one hour / supervisor HPM 10.6 8-5

326
Q

If an employee sustains a serious or fatal injury involving a body part protected by PPE, the commander _____ ensure the equipment is preserved as evidence in the command’s evidence locker.

A

Shall (HPM 10.6 10-3)

327
Q

An injury or illness which requires more than first aid, may require more than one-time medical care, and the employee is able to return to work (full or limited duty) following the date of the injury or illness is an example of what type of injury?

A

Non-disabling injury HPM 10.7 1-2

328
Q

Employee sustains an injury or illness during working hours and is incapable of reporting to work for his/her next scheduled work shift or a subsequent work shift due to the injury or illness. This is an example of what type of injury?

A

Disabling injury HPM 10.7 1-2

329
Q

What is the difference between a “recurrence” injury and an “aggravation” injury?

A

A recurrence of an injury or illness does not have a new, clearly defined incident to cause injury or illness. It is a spontaneous reappearance of a prior condition.
An aggravation of an injury or illness has an identifiable new incident of injury or illness and shall be processed as a new injury or illness. HPM 10.7 1-3

330
Q

Nondisabling injury or illness which does not require first aid or medical treatment. Record-only incidents shall be documented on a ______.

A

CHP 121E, Supervisor’s Incident Report-Record Only, HPM 10.7 1-4

331
Q

A CHP 121 filed by an employee who is currently under an internal investigation shall be marked ______.

A

“Questionable.” HPM 10.7 1-5

332
Q

Commanders shall revoke a uniformed member’s peace officer powers and secure all state-issued firearms whenever the uniformed employee is off duty as a result of a:

A

psychological reason, to include stress. HPM 10.7 2-4

333
Q

Commanders or their designees _____ contact SCIF at least _______to review the status of those cases in which employees have been placed off duty.

A

Shall / Monthly HPM 10.7 Ch. 2-6

334
Q

Supervisors, if practical, _________ accompany employees to their initial medical appointments and discuss work capability with the employee’s medical care providers.

A

shall (HPM 10.7, 2-8) In no event shall supervisors attempt to be present when employees are being examined by medical care providers

335
Q

Divisions shall submit a composite CHP 121D of employees who are assigned to limited duty or are off duty as a result of an occupational injury or illness for _________ or more to the appropriate Assistant Commissioner no later than _________.

A

30 calendar days, the 15th of each month
The Assistant Commissioner will forward the CHP 121Ds to DRU. HPM 10.7 2-8

336
Q

Employees who are off duty as a result of occupational injuries and illnesses ______ be assigned to their residence, with an assigned work shift of 0800 hours to 1700 hours, Monday through Friday.

A

shall (HPM 10.7 2-9)

337
Q

Within ________ of reporting a ___________ of an injury or illness, the employee shall prepare a CHP 51, Memorandum, detailing the circumstances surrounding the recurrence and a description of the injury or illness.

A

24 hours / recurrence (HPM 10.7, 3-5)

338
Q

Time frames: The CHP 121 shall be completed by the employee’s supervisor within _____. The 121 shall be filed with the appropriate SCIF office within _______.The employee’s 442 shall be updated within _______.

A

24 hours / 5 days / 3 days (HPM 10.7 5-1, 5-1, 5-5)

339
Q

As soon as possible after notification of a non disabling injury or illness which requires assignment of limited HPM 10.7 5-6 duty, the supervisor shall provide the employee’s medical care provider a _______.

A

CHP 443 (HPM 10.7, 5-5)

340
Q

Restrictions on Assignment. Uniformed employees shall only participate in non-enforcement activities while assigned to limited duty. While on limited duty, employees shall not:

A

Wear a uniform,
Operate an enforcement vehicle
Display a badge HPM 10.7 8-4

341
Q

Duration. The duration of the limited duty assignment shall be directed by the nature of the injury or illness and the needs of the Department on a case-by-case basis not to exceed _________

A

two years. HPM 10.7 8-6

342
Q

Commander’s Authorization. Commanders may authorize limited duty assignments of ___________.

A

less than one year. HPM 10.7 8-4
Commanders shall request authorization from the appropriate Commissioner to extend a limited-duty assignment beyond one year for positions other than within an Executive Office. Authorization must be obtained every three months thereafter if circumstances require additional extensions. 8-6

343
Q

Employees absent or returning from limited duty of less than one year shall be retrained and recertified at ___________.
Employees absent or returning from limited duty of more than twelve contiguous months to two years are required to complete ____________ prior to resuming field related duties at their assigned command.
Employees absent or returning from limited duty of more than two years are required to complete _______________ prior to resuming field duties at their assigned command.

A

their currently assigned commands / Refresher Training at the Academy / Reinstatement Training at the Academy HPM 10.7 8-9

344
Q

The participation of California Highway Patrol (CHP) employees in job actions such as work slowdowns, sick-outs, strikes, enforcement speedups or reduced attendance is _________.

A

Incompatible (HPM 10.8 1-1)

345
Q

If a job action has been announced, the use of the State facility is _______. The State communications network or facilities may/shall not be used by employees to advocate or promote strikes, sick-outs, slowdowns, or other concerted activities. Use of same is cause for ____ ____________.

A

Prohibited. Shall not. adverse action (HPM 10.8 1-4)

346
Q

The two types of strikes (job actions) are ____________ and _____________.

A

Statewide and Wildcat (less than statewide) HPM 10.8 (2-1)

347
Q

Each employee suspected of participating in a strike _______ be interrogated by a supervisor. This interrogation can occur either during or after the strike has concluded.

A

Shall HPM 10.8 (2-3)

348
Q

Sick Out: Each employee shall be advised that if he/she fails to provide the required medical substantiation of the illness/injury, he/she will be _____ for the period of the absence. NOTE: This does not preclude ____ ____.

A

Docked. adverse action. (HPM 10.8 3-1)

349
Q

If the employees fail to notify the CHP that they are striking, and fail to report for duty, each individual will be considered __________.

A

AWOL. HPM 10.8 2-2