General Flashcards

1
Q

When should a minor be advised of his/her Miranda Rights?

A

As soon as being taken into custody for interrogation purposes, if no interrogation, rights to be read prior to release.

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2
Q

What are the requirements for a MAIT callout?

A

SHALL call (no more shalls)
* 1 Fatal or major injury involving on-duty CHP or Caltrans employee (injury need not be employee.)
* 2 .Fatal or major injury involving Departmental aircraft.

NOTE:In cases where accident involves substantial damage - appropriate Assistant Commissioner will consult with the other Assistant Commissioner to determine MAIT involvement.

MAY call
* Four or more fatalities.
* Two or more fatalities involving a commercial vehicle, 34500 VC.
* Haz-mat T/C with significant spill.
* Any collision in which Area Commander or higher authority deems necessary.
* Collision with NTSB involvement.

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3
Q

A T/C occurs on freeway involving a vehicle carrying haz-mat barrels several of which are catapulted off the freeway onto city streets where they rupture and spill. Who has primary scene management and investigations of the Haz-mat spill?

A

The agency having jurisdiction where the haz-mat spill occurs (City).

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4
Q

If a commercial vehicle (34500 VC) is stopped and the HBD driver has a BAC of .01, how long is the driver placed out of service?

A

24 hours

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5
Q

When placing the commercial driver out of service for being HBD, is the driver and/or vehicle placed out of service.

A

Driver only, not the vehicle

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6
Q

Is a Memorandum of Direction considered an Adverse Action?

A

No

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7
Q

What is the proper position to place a “hog-tied” prisoner in a patrol vehicle?

A

Lay person on their side.

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8
Q

The Peace Officer Bill of Rights apply to all Departmental employees, except?

A

Cadets

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9
Q

How often should a supervisor conduct commentary driving for officers?

A

Once a year for 1 hour.

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10
Q

What is the exception for a suspended/revoked driver to drive a vehicle?

A

A medical emergency as explained in 14601.1 (f) VC.

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11
Q

When a person reports a stolen vehicle to a communications center, how long before a written report must be taken?

A

6 hours. Exception Communications Centers that take telephone reports.

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12
Q

What is the clearance zone for a bomb?

A

300 feet.

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13
Q

What is the minimum time increment for the use of Vacation time?

A

30 minutes

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14
Q
  1. What is the mileage radius for an Officer to respond to a DMV hearing?
A

100 miles

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15
Q

How often are EMT bags inspected?

A

Annually at time performance appraisal is completed.

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16
Q

Does the Media have access to a Military aircraft crash site?

A

Only if the site has not been declared a National Security Area. (HPM 90.1 4-2)

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17
Q

Do properly identified members of the news have access to a crime scene or accident scene if evidence may be destroyed?

A

No. (HPM 90.1 4-2)

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18
Q

When the evidence has been collected does the news media have access?

A

Yes. (HPM 90.1 4-2)

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19
Q

Who provides advice and assistance to supervisors on matters relating to wages, hours, and other terms of employment for all Departmental employees?

A

Office of Employee Relations. (HPM 9.1 1-1)

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20
Q

What bargaining unit are Sergeants in?

A

Unit 5. (HPM 9.1 1-4)

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21
Q

What are contract interpretations (Cis)?

A

An in-house communication printed on blue paper and distributed without cover memo to all applicable managers and supervisors. (HPM 9.1 1-5)

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22
Q

What is the Dills Act?

A

A series of Government Code Sections which govern collective bargaining for represented employees.
(HPM 9.1 2-2)

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23
Q

What shall the State employer not do to exclude employee organizations?

A

Interfere with, intimidate, restrain, coerce or discriminate against supervisory employees because of exercising their rights. (HPM 9.1 2-2)

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24
Q

Where can representational rights under the POBR be found?

A

Hpm 10.2 Internal Investigations Manual.

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25
Q

What is a supervisory employee?

A

An individual, regardless of their job descriptions or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees.

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26
Q

What is the role of a supervisor?

A

A supervisor is the primary link between the employee and the upper levels of management.

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27
Q

What is a supervisor’s role on the management team?

A

The supervisor directs the workforce toward accomplishing the Department’s goals and serves as management’s contact with Departmental employees.

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28
Q

How many representational units does the Department currently have?

A

21.

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29
Q

A representative must obtain permission from ________________ to engage, during working hours, in business relating to representational manners?

A

his/her immediate supervisor.

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30
Q

When can solicitation for membership at the work place take place?

A

During non-working hours

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31
Q

Can State vehicles be used for transportation by employees or employee organization representatives while participating in representational or employee organizational business?

A

No.

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32
Q

What is the primary consideration when approving request for release time?

A

The needs of the Command.

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33
Q

Can release time be authorized for an employee to leave the work site to meet with an organization representative on representational matters?

A

No.

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34
Q

Reimbursable paid leave of absences may only be granted to whom?

A

Permanent civil service employees, who are designated representatives, officers or bargaining council members.

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35
Q

What level of approval is required prior to utilizing time from the 800 series beat codes?

A

Supervisory

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36
Q

How many levels of the grievance/complaint process are there?

A

The informal level, Level 1 (Area), Level 2 (Division), Level 3 (Office of the Commissioner), Level 4 (DPA)

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37
Q

Most employee grievances/complaints relate to a ____________________?

A

Supervisor’s action or decision.

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38
Q

Where are grievance/complaint records located?

A

Physically apart from field folders and field subject folders.

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39
Q

Grievance records shall be retained in the effected Command levels for a period of ___________ following the date of final action?

A

3 years.

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40
Q

Complaint records shall be retained in the effected Command levels for a period of ___________ following the date of final action?

A

1 year.

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41
Q

Headquarters Central Files shall retain Grievance records for a period of _____ following the date of final action?

A

5 years

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42
Q

Headquarters Central Files shall retain Complaint records for a period of _____ following the date of final action?

A

3 years.

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43
Q

What is arbitration?

A

A third party settlement of disputes between groups or individuals outside a court of law.

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44
Q

What are the two types of arbitration?

A

Interest Arbitration and Rights/Grievance Arbitration.

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45
Q

Can an employee appeal an issue to arbitration on his/her own behalf?

A

No

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46
Q

What is the Public Employment Relations Board (PERB)?

A

PERB is the State agency responsible for enforcing the collective bargaining law covering employees in the State civil service.

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47
Q

In removal for cause, what is the definition of cause?

A

An articulable reason why an employee cannot continue to perform in the specialty pay assignment safely and/or effectively.

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48
Q

All uniform employees must possess and maintain ready for immediate use, __?

A

Class A uniform.

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49
Q

Each cadet graduating from the Academy is required to purchase and maintain a minimum of _______ long sleeve, short sleeve, pants, and ____ blue patrol jacket?

A

two and one

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50
Q

Pursuant to Section 12950 (a) P.C., it is unlawful for a peace officer to _______ while engaging in picketing or informational activities related to concerted refusal to work.

A

Wear the uniform of a Peace Officer

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51
Q

Can a uniformed employee, who has been authorized by the Commissioner to live out of state, possess a valid driver license from their state of residency?

A

Yes, if the State has such a legal requirement.

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52
Q

Accouterments and badges _____ be cleaned, _______ polished.

A

Shall/Not.

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53
Q

Mustaches shall not extend more than a _____ inch beyond the corners of the mouth nor below the vermilion border of the upper lip, or more than a ____ inch below the corner of the mouth.

A

1/2 inch and 1/4 inch.

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54
Q

How many rings can be worn by uniform employees while in uniform?

A

Two, must be conservative.

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55
Q

What type of bracelets may be worn by uniform employees while in uniform?

A

Medical or Identification.

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56
Q

What is the maximum number of accouterments that may be worn simultaneously on the right pocket area of the uniform shirt/jacket?

A

Three.

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57
Q

What is the maximum number of accouterments that may be worn simultaneously on the left pocket area of the uniform shirt/jacket?

A

Two

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58
Q

When performing patrol duties, uniform employees operating a patrol car _____ keep his/her campaign hat readily available within the passenger area of the vehicle.

A

Shall

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59
Q

Uniform employees assigned to motorcycle duty shall wear a bow tie during months when?

A

The winter uniform is required to be worn.

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60
Q

When in uniform and socks are visible, what are the solid color socks that may be worn?

A

Royal Blue, Navy Blue or Black.

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61
Q

Uniformed employees purchasing new garments within how many months prior to completion of the required five-year period may have the additional stripe for such period affixed to the garment.

A

Six

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62
Q

Is the straw Campaign hat a mandatory uniform article?

A

No, it is optional, but if worn, it is in the same manner as the felt hat.

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63
Q

How far may an undergarment extend beyond the short sleeve shirt cuff?

A

Not at all.

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64
Q

May a tie be worn with a short sleeve summer uniform shirt?

A

Yes, as long as wearing an approved uniform jacket.

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65
Q

Who may wear the leather windbreaker jacket?

A

Employees assigned to motorcycle duty.

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66
Q

What Areas may wear the Parka, Cold weather Jumpsuit and Cold weather Cap?

A

Areas which are designated as cold weather Areas by the appropriate Division Chief.

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67
Q

What are the three colors of insulated boots that Commanders may authorize employees to wear when black boots are not readily available?

A

Tan, Brown and Green.

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68
Q

When can the cold weather cap be worn and who authorizes the wearing of the cap.

A

During period of cold weather, The Commander

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69
Q

Scarves may be worn with any of the approved jackets, coat, parka or jumpsuit. If worn, how are the ends of the scarf to be worn and what color shall the scarf be?

A

The ends shall be concealed under the outermost garment, Royal Blue.

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70
Q

Uniformed employees may wear gloves for comfort and protection, if they ensure what?

A

The gloves allow for safe operation of a vehicle, Service weapon and officer safety equipment.

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71
Q

Who may wear a dickey?

A

Employees performing motorcycle duties and employees assigned to cold weather areas.

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72
Q

Who may wear a Sweater - Turtleneck?

A

?

73
Q

When the uniform shirt is worn without a tie, what color is the undergarment allowed to be and what type of neck style may the undergarment have?

A

Undergarment shall be white, Standard round or “V” neck styles.

74
Q

What are the only items allowed on a key strap/ring?

A

The whistle, and keys necessary for the performance of duty.

75
Q

What are the approved types of tie clasps?

A

Plain gold metal tie bar, Gold metal tie bar with CHP star, Administrative Safety Recognition Emblem tie tack/bar, 25/40 year tie bar/pin, CHP star tie tack, oval CHP tie tack with blue stone.

76
Q

Where shall the tie clasp be affixed?

A

To the tie and shirt within the area bound by imaginary parallel lines drawn between the top of the pocket flaps and the center of the pockets.

77
Q

Can a uniformed employee wear the Administrative Safety Recognition Emblem Tie Tack on anything else, when a tie is not worn?

A

Yes; It may be worn centered above the nameplate with the bottom edge of the emblem touching the top edge of the nameplate.

78
Q

Can an employee wear an Enforcement Safety Recognition Emblem on a blue patrol jacket?

A

Yes.

79
Q

Where is the aircrew insignia to be worn?

A

Shall be worn above the Enforcement Safety Recognition Emblem/Nameplate.

80
Q

Where is the shooting classification medal to be worn?

A

Right pocket flap of shirt or green jacket. 1 inch to the right of the left edge and centered midway between the top and bottom of the pocket flap.

81
Q

Where is the 25/40-year service pin to be worn?

A

Shall be attached to right pocket flap of shirt or green jacket 1/2 inch below top edge of flap and centered above the button.

82
Q

The special act or service pin shall be attached where?

A

To the left pocket flap of the shirt or green jacket 1/2 inch below the top edge of the flap and centered above the button.

83
Q

How many 10851 award pins may be worn at a time?

A

One.

84
Q

Which pocket flap shall the 10851 pin be attached?

A

Right.

85
Q

How long may an employee wear an Officer of the Year Pin?

A

Only for the year awarded.

86
Q

What shall the Honor Guard Uniform consist of and what are the optional items?

A

White Gloves, White Scarf, and White Aiguilette. Optional is tribute of mourning ribbon.

87
Q

May a knife/knife holder be carried on the Sam/sally brown belt?

A

Holder may be carried and shall be worn in the vertical position with the flap opening at the top.

88
Q

Can secondary or jacket badges be worn?

A

Employees desiring to purchase and wear a secondary badge, shall submit a memo to their Commander who shall inspect the badge prior to wearing it.

89
Q

Who may wear the CHP © baseball cap?

A

Flight crews performing ground duties while outside the aircraft, employees wearing approved coveralls or two piece utility uniform (MRE/commercial enforcement and employees at special events while off line at the direction of the Division Commander)

90
Q

What restrictions shall apply while wearing sunglasses or eyeglasses while on duty?

A

Mirrored-type or multi-colored lenses are prohibited, color of frames is restricted to non-fluorescent colors, such as, silver, gold, black, brown, gray, or other conservative colors. Wearing of glasses on top of the head is prohibited.

91
Q

What are the guidelines for stain removal on a uniform when it is not convenient to send the garment to the cleaners?

A

Blood - Blot with concentrated starch paste.
Chocolate - Sponge with mild soapy water.
Coffee - Sponge with glycerin.
Egg - Scrape and sponge with soapy water.
Glue - Sponge with alcohol.
Iodine - Treat with cool water followed by alcohol.
Mud - Allow to dry, then brush and sponge from back with soapy water.

92
Q

What is the preferred method for cleaning a badge and/or cap piece?

A

Wash in warm soapy water with the use of a cloth or brush, then rinse in warm water.

93
Q

Section 2261 states no person may wear a uniform substantially similar to a CHP uniform unless they are a duly appointed member of the CHP, or authorized by the Commissioner to wear such uniform in connection with a program of ____________.

A

Entertainment.

94
Q

Normal business attire for non-uniformed employees in publics view is expected to be?

A

Shirt & Tie, dress, pant suit etc.

95
Q

During periods of warm weather, who may authorize the removal of ties within the office?

A

The Commander.

96
Q

What type of equipment is required for specific assignments shall be worn at all times during the performance of these assignments (i.e. non-uniform inspection, automotive service and trade personnel.)

A

Safety.

97
Q

The uniform committee functions as an advisory board to the _____ on changes to the Uniform/Grooming and Equipment Standards manual?

A

Commissioner.

98
Q

The uniform committee is chaired by the Assistant Chief of ________ and its members are appointed by the ________ to serve for an undetermined period.

A

Personnel and Training Division / Commissioner

99
Q

How often does the Uniform Committee convene?

A

At least once a year, at the call of the Chairperson

100
Q

All proposals for uniform/equipment changes shall be submitted through channels on a memorandum to where?

A

The Academy (Special Projects Officer.)

101
Q

Who is responsible for testing and evaluating proposed uniform and equipment items?

A

The Academy Commander

102
Q

___________ participating in a test of proposed uniform/equipment items shall wear the uniform garment as specified and provide the Academy with evaluation reports. ___________ shall also provide an evaluation of the garment at regular intervals as specified.

A

Officers / Sergeants

103
Q

How long must a uniformed employee work before being eligible for the uniform replacement allowance?

A

One full year.

104
Q

Uniformed employees who are absent _____ or more calendar days due to sick leave, injury time, or military leave will have their uniform allowance decreased one month on a prorata basis for each full ____ - day period.

A

30 / 30

105
Q

Payment of uniform allowances will be effective on the _____ date for those eligible uniformed employees who have such date already established. For all other eligible uniformed employees, the payment will be effective _______ after their graduation from the academy.

A

Uniform allowance anniversary / one year.

106
Q

Uniform allowance anniversary dates established before July 1, 1982 may have changed due to what reasons?

A

Sick leave, 4800 time, military leave, injury.

107
Q

Warrants in payment of the uniform allowance will normally be distributed by the _______ of the month after the employee’s established uniform allowance anniversaries?

A

10th

108
Q

Uniformed employees who separate from the Department prior to their _______ shall not receive their annual uniform replacement allowance.

A

Uniform anniversary date.

109
Q

How long after their reinstatement date must a reinstated uniform employee be employed (normally) before they become eligible for the uniform allowance?

A

One year.

110
Q

For the purposes of uniform allowance, “full-time” uniformed wearers are those employees at the rank of _________ and below, and “part-time” uniformed wearers are those employees at the rank of ________ and above.

A

Captain / Assistant Chief

111
Q

Sergeants and Officers shall be reimbursed for ___ sets of shoulder patches and ___ sets of service stripes during any one fiscal year (7-1/6-30). Additionally, Sergeants shall be reimbursed for ____ sets of chevrons.

A

4 / 4 / 4

112
Q

In order to be reimbursed for the above uniform accessories, uniformed employees shall submit a ________ with receipts.

A

Travel Expense Claims (CHP 262)

113
Q

Boot allowance is mandatory for which uniformed personnel?

A

Motorcycle riders, their alternates and pilot and flight officers

114
Q

How is the yearly replacement allowance determined for alternate motorcycle riders?

A

By the time worked as a motorcycle rider.

115
Q

When shall initial boot allowance be effective?

A

Upon first day of assignment of rider, pilot, or flight officer.

116
Q

Initial boot allowance and boot replacement allowance claims shall be submitted on what form?

A

Travel Expense Claim (CHP 262)

117
Q

Section 2259 VC requires the Department to reimburse members, or their estate, for required equipment or personal items which have been damaged in the line of duty. The reimbursement shall be either payment for __________ or the actual cash value of ___________.

A

Cost of Repair / items damaged beyond repair.

118
Q

For purposes of Section 2259 VC, the term “equipment” shall include equipment required by the Department or personal __________ necessary for the patrol member to perform their duty.

A

Accouterments.

119
Q

The Department will not reimburse an employee for lost/damaged personal property due to what act?

A

Negligence

120
Q

When a uniformed employee elects to substitute privately-owned equipment for a similar item available through State issue, how will the reimbursement value be calculated if destroyed?

A

The amount will be no more than the current replacement cost of the State issued item.

121
Q

Who shall review any damaged uniform or equipment item for which a reimbursement claim will be submitted, prior to the item being cleaned, repaired, or replaced?

A

The Supervisor.

122
Q

A CHP 130, Claim for reimbursement - Uniform or Equipment Damage, shall be submitted in _______ ?

A

Triplicate

123
Q

After the immediate Commander reviews and approves/disapproves the CHP 130, the original and one copy shall be sent to Headquarters’ ___________ Section, and one copy shall be retained at the _____________.

A

Accounting / Originating Command.

124
Q

Uniform cleaning is a cost to be incurred by the employee and is not reimbursable. However, the portion of cleaning associated with a “special handling” is subject to reimbursement if it meets what two criteria?

A
  1. The uniform was soiled or stained in specific incident in the line of duty and was not the fault of the employee.
  2. The uniform cannot be cleaned through the normal cleaning process but must be cleaned by “special handling” at the cleaners.
125
Q

A _______________ is a task which an employee must be able to perform at a level which meets established performance standards?

A

Critical Task. (HPM 10.10 1-2)

126
Q

Continued ___________ performance in a critical task shall ultimately result in administrative action including adverse action?

A

Unacceptable. (HPM 10.10 1-2)

127
Q

What type of standards are established on the basis of the quality and quantity of work which the average person thoroughly trained and industriously engaged can turn out in a day?

A

Performance Standards. (HPM 10.10 1-3)

128
Q

________ interpretation of these guidelines is the responsibility of each Command’s supervisory/management team.

A

Final. (HPM 10.10 1-3)

129
Q

It is imperative that raters treat the ________ tasks and performance factors separately even though some of them are closely related.

A

Critical. (HPM 10.10 1-5)

130
Q

When an employee is off duty 30 calendar days or more because of illness, injury or leave, his/her appraisal will be extended _____ additional months after returning to work?

A

3 Months (HPM 10.10 2-2)

131
Q

Each Command is responsible for ensuring the CHP 118s are completed in a timely manner (i.e. with ____ days following the anniversary date of appointment in the current job classification.)

A

30 days (HPM 10.10 3-2)

132
Q

Is it required that transfer 118s be prepared?

A

No (HPM 10.10 3-2)

133
Q

All officers regardless of rank shall be rated in critical tasks # __ through # __?

A

1 through #6. (HPM 10.10 3-3)

134
Q

Comments by the supervisor are mandatory for any ratings of ______ or ____ ?

A

Exceeds or Improvement Needed. (HPM 10.10 3-4)

135
Q

Prior to completing an Officer’s annual performance appraisal, the supervisor shall meet with the Officer to discuss the Officer’s job performance during the last _____________ ?

A

12-month period. (HPM 10.10 3-5)

136
Q

Is it mandatory at the conclusion of the appraisal conference, the Officer be ask if he/she wishes to establish any specific personal development goals (e.g. promotion, education, special training, etc.)?

A

Yes (HPM 10.10 3-5)

137
Q

This meeting with the officer is an informal discussion and is noted by the supervisor in what manner?

A

By checking the box(es) “Career Development Plan,” “Goal Setting,” and/or “Past Years Performance.” (HPM 10.10 3-6)

138
Q

A substandard performance rating indicates the Officer failed to perform at a level which is expected for the _______________ ?

A

Critical Task. (HPM 10.10 3-7)

139
Q

Probationary Officers are to rated on the degree to which their performance meets the standards expected for the amount of ___________ possessed?

A

Experience. (HPM 10.10 3-8)

140
Q

At the close of an interim reporting period, a final report shall be prepared indicating whether or not the ————— has been reached and, if not, what further corrective measures will be taken.

A

Performance Objective(s) (HPM 10.10 3-10)

141
Q

What is the legal process which enables the defense to attempt to obtain peace officer personnel records or information contained therein to use as a defense technique by a defendant?

A

Pitchess Motion (HPM 120.1-1a)

142
Q

Information obtained through a Pitchess Motion may include __________ concerning the officer’s alleged use of excessive force or propensity for racial/ethnic prejudice, fabrication of charges, illegal search and seizure, false arrest/imprisonment, etc.

A

Complaints (HPM 120.1-1b)

143
Q

In 1985, the California Supreme Court case of People v. Harold Memro broadened the Pitchess requirements to include any type of ___________ in the officer’s personnel file as long as the defense attorney could effectively show relevancy to the case.

A

Complaint (HPM 120.1-1b)

144
Q

What type of criminal charges are required to be filed against a defendant in order for a proper Pitchess Motion to be served?

A

Any criminal charges. (HPM 120.1-1b)

145
Q

Section 832.5 PC requires any agency employing peace officers to establish procedures for investigating _________________?

A

Citizen Complaints. (HPM 120.1-2a)

146
Q

The Penal Code requires established procedures for investigating citizen complaints be made available to ________________?

A

The Public (HPM 120.1-2a)

147
Q

Section 832.7 PC clearly establishes the confidentiality of peace officer personnel records and complaints, and allows for disclosure of such records only through the ____________?

A

Discovery Process. (HPM 120.1-2b)

148
Q

Statutory law upholds that certain personnel records of officers involved in ________ or _______ may be discoverable through a Pitchess motion?

A

Arrest or Traffic Stop. (HPM 120.1.2-3a)

149
Q

The majority of motions served on the Department seek records of __________ alleging the use of excessive force or racial/ethnic prejudice and __________________ as a result to those complaints.

A

Citizen complaints & Disciplinary action. (HPM 120.1.2-3b)

150
Q

When duly investigating the conduct of a peace officer or law enforcement agency, may a District Attorney obtain access to the personnel records of a peace officer?

A

Yes. (HPM 120.1.2-3c)

151
Q

When may a District Attorney further disclose the information after accessing it during his/her investigation?

A

Only under authorization of a court order. (HPM 120.1.2-3c)

152
Q

When a motion is filed and the police agency produces the records to the court, who makes the initial relevance decision to determine if the requirements of the motion are satisfied?

A

The Judge. (HPM 120.1.2-4a)

153
Q

If the judge determines that the requirements have been satisfied, he/she will then conduct an ______________ review of the records and exclude from disclosure any information not allowed by law.

A

In camera. (HPM 120.1.2-4a)

154
Q

During an In camera hearing, a judge must exclude any complaints occurring more than ______ prior to the date of the motion hearing?

A

Five (5) years. (HPM 120.1.2-4a(1))

155
Q

In addition to the 5 years above, a judge must also exclude?

A

Conclusions of the officer(s) who investigated the complaint. & Facts or records which are so remote as to make them of little or no benefit to the defendant. (HPM 120.1.2-4a(1))

156
Q

Evidence Code Section 1047 _________ disclosure of the records of officers who were not present during the arrest, or who had no contact with the individual from the time of arrest through the ____________ process.

A

Prohibits / Booking (HPM 120.1.3-b)

157
Q

Through a Pitchess Motion, what type of information is discoverable relating to people who had made complaints against an officer and/or persons interviewed in connection with complaints?

A

Only the names, addresses and telephone numbers. (HPM 120.1.3-c)

158
Q

Pursuant to Section 832.5 PC, citizen complaints and any reports or findings relative thereto are required to be retained for how long?

A

Five (5) years. (HPM 120.1.3-5)

159
Q

In filing a Pitchess Motion, a defendant must file a written motion with the court and then serve the motion on the agency having custody of the records either by mail or in person. If served by mail, the motion must be served _____ days prior to the date of the hearing?

A

20 days. (HPM 120.1.3-6)

160
Q

In reference to question #159, if the motion is served in person, the motion must be served _______ days prior to the date of the hearing?

A

15 days. (HPM 120.1.3-6)

161
Q

A motion being served must include: Identification of the proceeding, the _____ seeking discovery of the peace officers records. A _______ of the type of records sought, and, the defense attorneys declaration showing __________ for discovery.

A

Party. Description. Good Cause. (HPM 120.1.3-6a (1),(2),(3))

162
Q

Where excessive force is alleged, a motion must also include?

A

A copy of the police report setting forth the circumstances of the stop and/or arrest. (HPM 120.1.4-(4))

163
Q

Service of a Pitchess Motion may be received at one of two locations which are?

A

The Area Office and/or The Legal Coordination Unit. (HPM 120.1.4 b)

164
Q

If the motion is served with insufficient time, the __________ should be notified and a continuance of the hearing requested to ensure compliance with the motion requirements.

A

Defense Attorney (HPM 120.1.4 b)

165
Q

When a motion is received at an Area Office, who shall be notified immediately?

A

The Legal Coordination Unit (HPM 120.1.4 c)

166
Q

May a complaint investigation be instituted solely on the basis of a Pitchess Motion?

A

No (HPM 120.1.4 c (8))

167
Q

If a Pitchess Motion does not meet the requirements or is not proper, LCU will contact the __________ and request legal representation at the hearing.

A

Attorneys General’s Office (HPM 120.1.5 d)

168
Q

If the motion is proper, LCU will notify the involved officer(s), research the officer’s personnel records, and prepare a package containing the affidavit and copies of the ________ records?

A

Pertinent. (HPM 120.1.5 d(1) (2))

169
Q

Once the LCU puts together the motion package, they will seal the package in an inner envelope addressed to the judge and send it to __________?

A

The involved local Area Office. (HPM 120.1.6 (4))

170
Q

Upon receipt of the LCU package, the Area office will assign a representative (someone other than the officers involved) to deliver the package to the court at the time of hearing and act as the ______________ of records.

A

Custodian (HPM 120.1.6 (4) (a))

171
Q

The records shall never be left with the court _____________.

A

Unattended. (HPM 120.1.6 (4) (a))

172
Q

The Departmental Custodian of Records should also have the officer’s ______ folder available in case it is requested by the judge.

A

Field. (HPM 120.1.6 (4) (a))

173
Q

When may the custodian of records leave court?

A

The representative shall remain in the court during the entire proceeding. (HPM 120.1.6 (4) (a))

174
Q

Upon completion of the hearing, whom shall the Area advise?

A

The officer’s whose records are involved and the LCU. (HPM 120.1.8 7(b))

175
Q

If and when the judge in the case returns the records to the Area, what shall be done with them?

A

They should be returned to LCU for destruction, or if destroyed at the Area office, LCU should be notified. (HPM 120.1.8 7(c))

176
Q

Besides the judge, the court reporter and the custodian of records, who else is allowed to attend the in camera review of the documents?

A

Only those people who the custodian of records agrees to have present. (HPM 120.1.8 7(e)(5))

177
Q

Besides the custodian of records, Departmental personnel should be limited to what other representatives?

A

Legal counsel provided by the Department’s General Counsel or the Attorney General’s office, staff members from LCU (when requested by the court), or another departmental employee who is being trained in the Pitchess Motion process. (HPM 120.1.8 7(e)(5))

178
Q

If the judge finds that there is relevant information in the records, he/she will normally disclose the information to the attorneys at the time, or may order the custodian of records to deliver the records or information to the District Attorney and defense attorney by a certain date, referred to as a ______ date.

A

Compliance. (HPM 120.1.8 8(7)(b)2)

179
Q
A