GO 0.1, 0.2, 0.8, 0.12, HPM 9.2, Flashcards
- MISSION. The mission of the CHP is to provide the highest level of Safety, Service, and Security. This is accomplished through four departmental goals:
• Protect Life and Property–We make California a great place to live, work, and travel by reducing fatalities, injuries, and crime.
• Enhance Public Trust Through Superior Service–We are committed to providing first class customer service through the expansion of valuable programs, and through demonstrating departmental accountability and efficiency.
• Invest in Our People–We develop and support our workforce to sustain a world-class organization.
• Anticipate Public Safety and Law Enforcement Trends and Provide Assistance to Allied Agencies–Respond to emerging law enforcement demands with allied agencies’ need for support, training, and assistance.
- ORGANIZATIONAL VALUES. To accomplish our mission, we are committed to the following organizational values as the foundation of our pledge to public Safety, Service, and Security:
• Respect for others.
• Fairness.
• Ethical practices.
• Equitable treatment for all.
- MANAGEMENT PHILOSOPHIES.
a. The following concepts guide the Department’s overall philosophy of enhancing public Safety, Service, and Security through a participative management program.
P L O P C
(1) Public Responsibility. The Department will continue its primary responsibility to anticipate and respond to the needs of the public which it serves. This is to be accomplished at each command level through ongoing analysis and planning. To maintain our professional response to public needs, the Department must investigate additional funding sources for the future. Dependent on availability of expertise and resources, the Department will encourage growth in those areas where there is a demonstrated public need.
(
2) Leadership and Innovation. The California Highway Patrol has the reputation of being a leader in traffic law enforcement. The Department will continue to maintain or enhance its leadership role to better respond to public needs. All personnel must strive to improve the productivity, efficiency, and effectiveness of departmental operations. The Department will encourage managers, whenever possible, to identify, develop, and implement new ideas for achieving appropriate missions and objectives.
(3) Organizational Development. Supervisors and managers will be developed through training and experience to improve the Department’s capability to excel in a changing environment. True and honest reflection, both individually and as an organization, are essential and we must embrace and understand the fact that each employee has a stake in the Department’s success. Each employee has the opportunity and ability to achieve individual excellence and to make daily choices that greatly impact the Department. Each member of the Department must be willing to evaluate their own actions and demeanor from the perspective of the people we serve. Managers will manage their areas of responsibility through the strategic planning process, operationally implementing the Department’s mission, vision, goals, and objectives.
1 GO 0.2
(4) Personnel Development. Managers will develop their personnel to the fullest extent possible, including the establishment of individual accountability. As such, this development should reinforce that respect, dignity, fairness, and compassion should be extended at all times. The Department will continue to pursue and achieve realistic equal employment opportunity goals.
(5) Command Accountability. The Department will, through implementation of its participative management and planning philosophies, continue to promote responsibility, accountability, and decision making at each command level. Command accountability shall include implementing a unified vision consistent with the Department’s commitment and responsibility to public service.
- CONSTITUTIONAL CONSIDERATIONS.
a. General Considerations. Any scientific test of bodily fluids will reveal personal information about the person providing the sample. This information may include drugs the person has ingested (both legally and/or illegally), a disease such as diabetes, or some other medical condition not previously known by the employer. Consequently, there is ongoing debate as to whether or not the state is entitled to such personal information if it was obtained against an employee’s will or without a warrant. There are three constitutional issues in such debates:
(1) Fourth amendment - search and seizure.
(2) Fifth amendment - self-incrimination.
(3) Fourteenth amendment - due process.
2-3
HPM 9.2: SUBSTANCE TESTING MANUAL
POLICY.
a. General Policy.
(1) No state employee who is on duty or on standby for duty shall:
(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.
NOTE: For the purposes of this policy, standby for duty occurs when an employee is designated on standby and must thereby be available to respond to an incident within a specified period of time. This includes situations such as planned protest demonstrations, special events, and natural disasters.
- DEFINITION.
a. Reasonable suspicion is the good faith belief based on: _____, _____
b. Reasonable suspicion exists only after the appointing power or a designee (confirming official) has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.
(1) Specific articulable facts or evidence that an employee may have violated the substance abuse policy; and
(2) Substance testing could reveal evidence in support of a violation.
- POLICY. The California Department of Human Resources rules do not permit the mandated substance testing of persons in _____ positions. Despite this requirement, there is nothing in the rule which precludes a _______ employee from voluntarily submitting to a substance test. Such a test will be limited to instances where the Department receives an unsolicited request for a test from a _______ employee. Commanders are not precluded from taking action against a _______ employee suspected of substance abuse. Rather, the rule only prevents the collection of an involuntary sample, even if reasonable suspicion is established.
nonsensitive
_____________. Reasonable suspicion must be based on specific, identifiable facts and/or evidence. It cannot be based on hunches, intuition or “gut feelings.” Substance testing is a sensitive matter involving many legal issues. The
6-3 HPM 9.2
basis for reasonable suspicion must, therefore, be specific enough to be clearly documented and readily explained to the employee, the confirming official, the employee’s representative (when appropriate), and, when necessary, Administrative Law Judges, arbitrators and the courts.
b. Articulable Facts
Reasonable suspicion is _________ and ________.
a good faith belief based on specific articulable facts that the employee has violated this policy and
that testing could reveal evidence of that violation.
i. Confirming Official. The CalHR requires that each initial determination made by a supervisor be approved by the Commissioner or the Commissioner’s designee. For the purposes of the Department’s substance testing program, this confirming official will be the first designated manager in the supervisor’s chain of command. The role of this confirming official shall be to:
(1) Consider the facts and/or evidence and agree whether or not they support reasonable suspicion;
(2) Ensure accurate and proper application of the rules;
(3) Provide guidance and direction; and
(4) Authorize the substance test.
NOTE: In the event the aforementioned manager is unavailable, the chain of command shall be followed until another manager is contacted to act as the confirming official. In no event ____ the confirming official be _____ or _____.
shall,
the suspected employee’s immediate supervisor or
the person who made the initial observation leading to reasonable suspicion.
b. Observation. From the moment reasonable suspicion is developed until the time a sample is provided, the employee ______ remain under continual supervisory observation. The employee _____ not be allowed to go to a car, locker, or desk without supervision. Additionally, to secure the best possible sample, the employee ______ not be allowed to void his or her bladder until the sample is collected.
Should,
Should,
Should,
The supervisor/confirming official should carefully consider the following before deciding where the sample will be collected:
S M B
(1) Sex of the employee and availability of a supervisor of the same sex to collect the sample;
(2) Some Memoranda of Understanding prohibit the collection of a sample by the employee’s supervisor; and
(3) A breath test will be administered for an employee who is suspected of abusing alcohol.
d. Sample Collection at Work Location. If the supervisor decides to collect the sample, it must be done in an atmosphere of dignity and reasonable privacy. The office restroom could be used in this situation as long as the sample is provided under the supervisor’s direct observation with some arrangement so that other employees cannot enter during collection of the sample. Before collecting the sample, the supervisor shall:
(1) Obtain a sample kit provided by the Department;
(2) Open the plastic bag and locate the checklist form (Annex A);
(3) Ensure all required items are included;
(4) Read the instructions on the checklist;
(5) Fill out chain of custody form and seal;
(6) Collect the sample in the container provided in the kit;
(7) Ensure at least _____ (approximately _______) of urine is collected (to be split into _____ containers after collected);
(8) Secure the sample in a locked evidence locker;
(9) Make arrangements with the designated courier service to have the sample transported to the laboratory.
(10) Notify the Office of Internal Affairs (Attention: Substance Testing Coordinator) of the sample collection.
60 milliliters,
two fluid ounces,
Two,
i. Notification to Substance Testing Coordinator. After the sample has been collected, the command shall make notification to the substance testing coordinator at the Office of Internal Affairs (OIA) using Annex C of this chapter. The notification shall be emailed or faxed to OIA no later than ____ after the specimen is collected.
48 hours
- The supervisor will open the split specimen collection kit and hand the large cup to the employee. Watch the urine leave the body and enter the collection cup. Collect a minimum of ____ milliliters (____ milliliters for _____ members). Upon completion, take possession of the sample.
- Visually inspect the specimen for signs of contamination. In the presence of the employee, note the temperature of the sample within _______ of collection. Keep the specimen in view at all times.
30,
60,
Unit 5,
4 minutes,
