Highway Patrol Manuals Flashcards
1
Q
What two statements are required for every Publications manual, guide, and handbook?
A
Purpose and Objective
2
Q
What documents are not considered CHP publications?
A
Comm-Net Messages
3
Q
How long is policy or direction from Staff, Board, Committee, Conference Meeting minutes good for?
A
6 months
4
Q
OPIs shall review their publications how often?
A
Annual - Before August 15th
5
Q
Comm-Net is policy for how long?
A
90 Days
6
Q
MM expires when?
A
9 months
7
Q
Who is responsible for identifying exempt material in new policy or policy change?
A
OPI
8
Q
Can publications with exempt material may be shared with allied agencies without waiving privilege when used for internal purposes?
A
True
9
Q
How many extensions may be applied to an MM?
A
Two, only after Commissioner approval for an additional 6 months.
10
Q
Who recieves positive test results for evaluation from a medical point of view?
A
Medical Review Officers (MRO)
11
Q
In an effort to minimize the stigma attached to a substance test, negative results should not be included in the employee’s _________ file.
A
Personnel
12
Q
CalHR requires that the observations leading to reasonable suspicion be documented, and that a copy of this information must be provided to the affected employee. While the rules are not specific, this information should be provided to the employee within __ hours.
A
48
13
Q
The supervisor who made the initial determination of reasonable suspicion must prepare a Reasonable Suspicion Report using the ________.
A
CHP 202X
14
Q
Testing Procedures: All testing procedures relative to commercial driver CSAT requirements shall be conducted in conformance with __________________.
A
49 CFR, Part 382 and Part 40
15
Q
Prohibited Conduct: A driver has engaged in prohibited conduct when: (1) The driver receives a positive drug test result verified by an MRO. (2)________________________.
(3) The driver is found to have an alcohol concentration of 0.04% or greater.
(4) The driver uses alcohol while on duty or within four hours prior to performing a safety sensitive function (SSF). (5) The driver uses a drug, as defined in this chapter.
A
The driver refuses to submit to a required test.
16
Q
Applicant investigation is generally a plain clothes duty assignment. Uniformed employees assigned to this duty shall conform to the standards for plain clothes duty as outlined in Highway Patrol Manual (HPM) 73.5, Uniform/Grooming and Equipment Standards, Chapter 2, General Requirements, which states “Attire that is conservative, contemporary, and consistent with a business environment.” The following equipment shall be carried:
A
Departmental badge, Departmental identification card, Valid California Driver License, handgun, fully loaded with departmentally approved ammunition.
17
Q
Does the Department conduct applicant investigations for out-of-state law enforcement agencies?
A
Yes - Upon Request
18
Q
On September 24, 1986, Governor Deukmejian issued an Executive Order to establish a substance testing policy to combat the effects of _______ _______ in the state workplace.
A
Substance Abuse
19
Q
The _______ _______ plays the most important role in any successful substance testing program.
A
First-Line Supervisor
20
Q
For the substance test to be effective, each supervisor must ensure that:
A
Reasonable suspicion is supported by proper documentation; The sample is properly collected; The chain of custody is maintained; The employee’s rights are not violated;
21
Q
The state’s substance testing policy requires the involvement of specified managers in all substance tests as a _______ _______ before any sample can be collected.
A
Confirming Official
22
Q
The effectiveness of the substance testing program is dependent on the Department’s ability to justify its action and demonstrate a proper application of the policy. What “6 C” elements are critical if the program is to be successful?
A
Consistency, Confirmation, Collection of Sample, Chain of Custody, Control of Quality, & Contracts
23
Q
In substance abuse testing, when an MOU conflicts with the Department of Personnel Administration Rules, the ______________ shall take precedence.
A
MOU
24
Q
What three constitutional issues arise in substance abuse testing debates?
A
Fourth, Fifth and Fourteenth Amendments
25
All supervisors and managers must be cognizant of the protections and rights afforded by __________ when conducting investigations into instances of suspected substance abuse.
POBR
26
No state employee who is _____________ shall: Use, possess or be under the influence of illegal or unauthorized rigs or other illegal mind-altering substances.
on duty OR on standby for duty
27
Only employees serving in ____________ shall be subject to substance testing when there is reasonable suspicion to believe the employee is under the influence.
sensitive
28
If an employee requests a voluntary substance test, the Department will pay for it and the test can be administered according to departmental procedures. In accordance with the Code of Federal Regulations, employees shall not be required to sign a _________.
Consent
Release
Waiver of Liability
Indemnification agreement
29
Only those positions designated as “sensitive” by ___________ may be tested according to HPM 9.2.
Commissioner
30
There are ___ classifications within the CHP, which have been designated as sensitive positions.
14
Peace Officers/Cadets/Automobile Mechanic/Automotive Technicians/CVIS I & II/PSD & PSO/ PSDS I & II/ Gunsmith/Heavy Truck Driver/Lead Automobile Mechanic/Lead Motorcycle Mechanic/Motor Carrier Specialist I, II, & III/Motorcycle Mechanic/School Pupil Transportation Safety Coordinator
31
All nonuniformed employees in sensitive positions shall be advised of the designation and provided a copy of the CalHR rules by their __________ as part of the pre-employment process.
Commander
32
Commanders are not precluded from taking action against a nonsensitive employee suspected of substance abuse. Rather, the rule only prevents _____________________________, even if resonable suspcicon is established.
The collection of an involuntary sample
33
Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon:
Articulable Facts
Close Observation
Good Faith
34
Supervisors shall review _______________ when dealing with a nonsensitive employee whom they suspect of substance abuse to determine if there is additional action they must take or are precluded from taking.
Applicable MOU
35
____________________________ authorizes substance testing for employees serving in designated sensitive positions.
California Code of Regulations
36
Reasonable suspicion is the good faith belief based on:
Specific articulable facts or evidence that an employee may have violated the substance abuse policy AND
Substance testing could reveal evidence in support of a violation.
37
If the supervisor believes criminal violations exist, a criminal investigation should be conducted _______________ the administrative investigation.
Prior to
38
Per _______________________________ Section 432.7, criminal arrest/investigation reports involving nonuniformed employees may not be used to support an administrative investigation unless the incident described in the report resulted in a conviction
California Labor Code
39
A positive test will result from a blood alcohol level of _____ percent for substance testing versus the .08 percent for driving under the influence. Supervisors must remember, however, that any detected level of alcohol is prohibited by the statement of Inconsistent and Incompatible Activities.
.04
40
If the Substance Abuse Investigation Interview is conducted, the supervisor should keep in mind the employee’s rights under the POBR. Only those questions pertaining to the employee’s possible need for __________________ should be asked.
Medical attention
41
Use of ____________ to establish reasonable suspicion is not authorized.
PAS Device
42
If closer observation does not yield facts or evidence to support the conclusion that the employee has violated substance abuse policy, an anonymous tip alone ______________ to order a substance test.
IS NOT SUFFICIENT
43
CalHR requires that the informant, in a substance abuse case, be ______________ who is willing to publicly testify on behalf of management, should that become necessary.
Peace Officer
44
For the purposes of the Department’s substance testing program, this confirming official will be the _____________ manager in the supervisor’s chain of command.
First Designated
45
In no event shall the confirming official be the suspected employee’s ____________________ or the person who made the initial observation leading to reasonable suspicion.
Immediate Supervisor
46
All alcohol testing will be conducted using evidential breath testing devices in accordance with Federal Department of Transportation Regulations, Part iii, -___________, Code of Federal Regulations Part 40.
Title 49
47
The CalHR rules provide for a urine test as the ____________ means of determining whether or not an employee has abused drugs.
Primary
48
Some Memoranda of Understanding will prohibit the collection of a sample by the employee’s ______________
Supervisor
49
32) From the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain under _______ supervisory observation.
Continual
50
Substance testing experts believe the best time to collect a sample is within __ to __ hours of the initial observation.
2-4
51
Ensure at least ___ milliliters of urine is collected (to be split into two containers after collection).
60
52
If however, after a reasonable period of time the employee is still unable to provide a sample, this will be treated as a refusal, which constitutes ______________________.
a presumption of impairment
53
If initial observing supervisor cannot provide transportation, ____________________ must transport the employee.
another supervisor
54
Uniformed employees should be given the opportunity, _________________, to change into civilian clothing before being transported to a collection site.
Under supervision
55
After the sample has been collected, the command shall make notification to the Substance Testing Coordinator at the Office of Internal Affairs. The notification shall be emailed or faxed no later than ___ hours after the specimen is collected.
48
56
When Laboratory testing in completed (usually 24-48 hours after the sample’s arrival), the results will be communicated directly to the _______________________________.
Medical review officer
57
If, after ___ days, the MRO is unable to reach the employee directly (and no exculpatory information was provided by the employee via memorandum), the test will be considered “positive by non-contact.”
7
58
Supervisors shall use the breathalyzer when only alcohol abuse is suspected. If the breathalyzer results are .00/.00% BAC, a __________ test should be secured to determine the cause of impairment.
Urinalysis
59
All sample initially screened negative, as well as those which test negative on the confirmatory test, will be securely stored by the laboratory for a period of ___ weeks.
3
60
Positive specimens shall be securely stored and frozen at minus 20 degrees centigrade or lower for ___ year(s) to assure availability for the retesting in case of appeal or litigation. Upon notification of a challenge, the positive sample will be retained indefinitely.
1
61
Commanders shall ensure ___ unused kits are available at all times. Test kits shall be stored in a secure location, such as a file cabinet or locker in the sergeants’ office.
2
62
In most instances, on the day following the test or refusal to take a test, the employee should then be placed on _________________, subject to approval through the chain of command to the appropriate Assistant Commissioner.
Paid ATO
63
In those instances where only alcohol is suspected, the employee _______ be returned to full duty the following day if completely recovered from its effects.
Should
64
If a peace officer is involved in substance abuse testing, peace officer powers will be immediately suspended along with any requests for secondary employment. The employee will be required to immediately surrender all state property. These provisions do not apply to circumstances involving ______________________________.
Only the suspected use of alcohol
65
Employees who refuse transportation or cannot care for themselves shall remain _____________________ until arrangements can be made with family, friends, etc.
at the office
66
Unless specifically permitted in the MOU, an employee is not entitled to _____________ during the collection of the sample.
representation
67
Appeals. Persons withheld from eligibility for appointment may appeal the action to the State Personnel Board (SPB) within _____ days from the date of the withhold letter.
30
68
Retention. Uniformed classifications. The eSOPH documents shall be retained for ________________________.
The employed life of the employee
69
The investigation of applicants’ backgrounds will remain, for nonsensitive classifications, the responsibility of ___________________ pursuant to the guidelines contained within Chapter 8 of HPM 10.1.
The hiring supervisor
70
Nonsensitive classifications. Employment Inquiry –A thorough check of present and past employers _________ be conducted and should account for a least a _________employment history. ___________ contact is the preferred method.
Shall / 1 Year / Telephone
71
Sensitive Classifications. A credit inquiry should be conducted for positions that involve
Direct Access to CLETS / Any level of enforcement activity / Management of departmental funds, supples or equipment
72
The Division Applicant Investigation (AIU) coordinator shall promptly issue cases to investigators and ensure that the investigation is completed and returned to the hiring command ____________________
within 30 days of receipt of the CHP 432S
73
Sensitive classifications. Unless otherwise indicated, the investigator shall conduct all of the following inquiries except:
military
74
Public Safety Dispatcher Classifications. The investigation shall account for a ____ year history depending on the area of inquiry. A credit inquiry shall be conducted for each applicant.
10
75
The CVSA process shall be administered to all _____________________ candidates, following the initial Interview phase of the applicant investigation.
Cadet
76
In order to fully utilize the training an experience necessary to effectively administer the VSA process, personnel selected to receive CVSA Examiner Certification should be expected to serve in the assignment for a minimum of __________.
2 years
77
Following the examination, the CVSA examiner shall discuss the results with the candidate. Which of the following describes the possible results for a CVSA examination:
No deception indicated, deception indicated (candidate admits to deception), or deception indicated (candidate denies deception).
78
Commanders should require all supervisory and managerial staff to review ___________________ prior to the initiation of an internal investigation.
POBR
79
Once initiated, an administrative investigation has four possible outcomes:
Adverse Action, Rejection during probation, miscellaneous investigation, non-punitive investigation
80
Adverse Action is a disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conduct established by law and/or departmental policy. Penalties consist of:
Formal written reprimand, suspension, reduction in salary, demotion, involuntary transfer, or dismissal
81
A _____________________ investigation is defined as an administrative investigation in which the employee is exonerated, separates from state service, transfers to a new agency, or the conduct does not warrant adverse action or rejection during probation.
miscellaneous
82
A ______________________ is a Departmental action resulting in involuntary separation from state service, although not as a disciplinary measure. Examples would include termination resulting from absence without leave, failure to meet minimum qualifications, and medical disqualification.
non-punitive termination
83
Absence Without Leave. Absence for _______ consecutive working days (whether voluntary or involuntary) is considered and automatic resignation from state service, effective the last day the employee worked.
5
84
Employees shall be notified that the misconduct for which they are being counselled may be charged in a future adverse action in the written document contained the _______________ admonition. The ___________ admonition shall be included in all Memoranda of Directions (MODs) which are counseling or remedial in nature and shall be stated verbatim.
Bazemore
85
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 is referred to as a ___________ hearing.
Coleman
86
A ____________________ is considered a “minor adverse action” under certain collective bargaining agreements or a “lesser adverse action” for non-represented employees.
Formal Written Reprimand
87
The ______________admonishment given in an administrative interrogation which advises the subjects of the interrogation that they do not have the right to refuse to answer administrative questions. Subjects are also advised that failure to answer questions will be deemed insubordination and further, any statement made during and administrative interrogation cannot be used in a subsequent criminal proceeding.
Lybarger
88
______________ shall be given when an employing agency is conducting a criminal investigation on one of its employees.
Miranda Warning
89
A ________________ is a process whereby a departmental employee and representative have the right to present material for which a notice of adverse action or rejection during probation was served, prior to the penalty being imposed.
Skelly Hearing
90
_________________________________________ is the reassignment from a designated specialty pay position. This is appropriate when the employees performance/conduct has a direct relationship to perform that particular skilled assignment. This penalty may be imposed in conjunction with other penalties, but there must be prior approval from the ____________________.
Removal for cause from specialty pay position, appropriate Assistant Commissioner
91
When a Division receives a request for a partial investigation, Divisions will ensure partial investigations are completed within the required __________ of receipt and returned to the requesting Division.
30
92
Cadet Applicant Listed Reference Checks: _________ of the five references listed on the Personal History Statement shall be contacted.
All five
93
Cadet Applicant Listed Residence Checks: Residence checks shall be made for the past ______ years.
10
94
Employment Checks. A candidate's employment record has been shown to be predictive of future success with the Department. All employers for the past _____ years shall be contacted.
10
95
Investigative Interview. When it is anticipated that a candidate will not be continued, a second uniformed employee who is assigned to or familiar with applicant investigation, shall also be present. The entire interview shall be audio recorded with the candidate's knowledge. All recordings of interviews with candidates who are withheld will be maintained for a minimum of _________ from the expiration of the certification list date.
2 years
96
Background Investigation Report. Upon Division completion of the investigation, the eSOPH documents are to be submitted to along with the remainder of the file material.
Professional Training Section, Cadet Hiring Unit
97
If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, ________________________.
he or she shall be immediately informed of his or her constitutional rights.
98
A public safety officer shall have _________ within which to file a written response to any adverse comment entered in the employees personnel file.
30 days
99
No public safety officer shall have ________________________________________ searched except in the employees presence, with the employees consent, with notification to the employee that a search will be conducted, or unless a valid search warrant has been obtained.
a locker or other space for storage that may be assigned to the employee
100
The ___________ shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter.
Superior Court
101
If, during a contact, information surfaces which indicates the employee is likely to be subject to an adverse action, _____________________________.
The solicitation of information shall immediately cease, and the employee shall be informed of the right to representation.
102
Lawyers acting as a representative ___________________________.
Have no more rights or authority than a labor representative.
103
The case management process is designed to allow the Area commander to track the status of the investigation. Once the investigation has been completed at the Area level, associated forms ___________________________.
shall be removed from the investigative package and retained at the area level.
104
Requests to abolish a departmental employment list require the approval of __________.
The Commissioner
105
A former uniformed employee must apply for reinstatement to a uniformed position within ______ years of separation.
3
106
All reinstated employees must serve a probationary period of __________.
One year
107
The maximum travel distance from residence to work location for non-command employees using a state vehicle shall not exceed ____ miles.
50
108
As provided in GC Section 19994.1, a _______ advanced written notice provided to the employee is required for a mandatory transfer of any employee under the Department's jurisdiction where relocation of the employee is reasonably expected.
60 day
109
All uniformed personnel at the rank of _______________, and non-uniformed commanders and their designated alternates are authorized to administer the Oath of Allegiance or Declaration of Permission to Work.
sergeant or above
110
Corrective actions may be initiated by a _________ but are usually prepared with the concurrence and approval of the _________.
Supervisor / Commander
111
Corrective actions include ________ and ______ counseling
Informal and Formal
112
Informal and formal counseling are considered a routine business communication and, therefore, are:
not subject to the grievance process, nor is the employee entitled to representation.
113
What shall contain the Basemore Admonition?
An MOD
114
Can a CHP 2 contain the Bazemore Admonition?
A CHP 2 SHALL NOT contain Bazemore.
115
A MOC...
Does not normally contain the Bazemore Admonition
116
If the employee does not respond to preventive and/or corrective actions, or the acts of misconduct are severe, ___________________________________________.
A formal request for adverse action should be initiated.
117
What are types of penalties for adverse actions:
```
Formal Written Reprimand
Salary Reduction within Salary Range
Suspension
Involuntary Transfer
Demotion
Dismissal from Service
```
118
Whenever information is obtained or uncovered involving alleged misconduct or substandard performance by any departmental employee:
The commander or designee shall cause a complete investigation to be conducted
119
The assigned primary investigator shall be __________________________, unless otherwise approved by the Division commander or appropriate Assistant Commissioner.
at least one rank higher than the highest ranking involved employee.
120
Area and Division commanders shall ensure the investigation is forwarded to OIA within _____________ from the date the Area becomes aware of the misconduct.
60 calendar days
121
Whenever any employee of this Department, including the employee subject to investigation, learns that another law enforcement agency is conducting an inquiry into allegations of criminal misconduct involving a member of the Department, the employee shall immediately notify a ________________.
Supervisor or manager
122
Commanders shall notify, through channels, _____________________ prior to any contact with a prosecuting authority regarding potential criminal misconduct by any departmental employee. This specifically includes informal or hypothetical inquiries that do not disclose the employee’s name or alleged offenses.
The office of the commissioner
123
Investigators must remain aware that when the Department is completing the criminal investigation, the one (1) year time limitation as specified in Government Code § 3304 is ________ as it would when an allied agency is conducting the investigation
Not Tolled
124
Criminal Interrogations shall be conducted __________ the administrative interrogation if involving the same employee and the same act(s).
Prior to
125
Employees assigned to special programs that remove them from direct departmental supervision (e.g., drug/vehicle theft task forces) remain the responsibility of the __________________________________.
Employee's departmental commander
126
In accordance with GC § 19173, a probationary employee must be served with a notice of rejection during probation __________________, allowing time for the predisciplinary hearing.
Prior to the last day of the probationary period.
127
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 _______________.
15 calendar days
128
When placing an employee on a Leave of Absence, the employee shall be provided ___________________ and both the employee and person serving it shall sign. Copies shall be retained for inclusion in the investigation file and the employee’s personnel file.
The original Notice of Leave of Absence
129
A __________________ is a detailed accounting of all actions taken and evidence obtained from the time Area became aware of the misconduct until the investigation was completed.
Chronological Summary
130
To assist the investigator, a preliminary meeting shall be held with the _________ to outline the proposed scope of the investigation and formulate an investigative plan.
Commander
131
If an employee separates from the Department during an investigation, the investigation shall be _________ and processed in accordance with Chapters 7 and 8 of this manual.
Completed in its entirety
132
If at the conclusion of an internal investigation the actions of the employee(s) do not merit adverse action or rejection during probation, the investigative file shall be prepared as a __________________.
Miscellaneous Investigation
133
Labor Code § 432.7 ______ investigators to request copies of records pertaining to the arrest or detention of peace officer employees prior to conviction.
Allows
134
Labor Code § 432.7 prohibits investigators from seeking or requesting copies of records pertaining to the arrest or detention of non-uniformed employees prior to conviction, or any record regarding a referral to, and participation in, any pretrial or post-trial diversion program.
Prohibits
135
Because of confidentiality and liability issues, prior to including any materials from an equal employment opportunity (EEO) investigation, _______________ shall be consulted.
OEEO / IA / OLA
136
If the commander feels a polygraph or VSA examination is necessary, the commander shall request approval through channels from the _________________ and coordinate through the OIA.
Office of the Comissioner
137
Employees __________ compelled to submit to a polygraph or voice stress analysis.
Shall not be
138
Evidence pertaining to an administrative investigation shall be stored for a minimum of _______ (beginning with the date the investigation is initiated or the life of the investigative file, whichever is longer.)
5 years
139
Administrative interrogations involve compelled statements. Since the employee is ordered to answer questions, statements obtained during administrative interrogations ________ be used to support a criminal investigation.
Shall not
140
During the course of the investigation, an investigator may receive a request from a witness to remain confidential. Due to the accused departmental employee’s right to review the allegation(s), as well as the right to prepare a potential defense, __________________
requests for witness confidentiality cannot be honored
141
All statements from departmental employees who are interviewed as witnesses during internal investigations __________ be recorded.
Shall
142
Statements obtained from non-departmental witnesses:
are to be recorded, unless the witness objects to the recording. In such instances, a memorandum shall be prepared by the investigator summarizing the statements.
143
Unless previously approved by the Office of the Commissioner, video recordings _____ be made of administrative interrogations.
Shall not
144
For all dismissal cases, the employee’s interrogation shall be__________ in its entirety.
Transcribed
145
Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue a _____________ to protect the employee’s rights.
Miranda Warning
146
An administrative interrogation is a compelled statement. An employee refusing to answer questions or provide requested information ___________________.
Can be deemed insubordinate
147
The employee being interrogated shall have the right to bring a _________________ and record any and all aspects of the interrogation.
personal audio recording device
148
The involved employee shall be provided official notice of interrogation covering the...
full scope of questioning
149
The interrogation shall be conducted when?
At a reasonable hour, preferably when the employee is on duty, or during the employee's normal waking hours, unless the seriousness of the investigation requires otherwise. If conducted outside of the employee's scheduled hours of work, the employee shall be entitled to overtime.
150
All questions directed to the employee under investigation shall be asked by:
And through no more than two interrogators at one time.
151
In accordance with Evidence Code § 970 - 981, the marital privilege exempts a married person from having to testify against a spouse in any proceeding. The intention of the martial privilege is to protect confidential communications between two individuals at the time they were in a marital relationship. However, in accordance with the opinion of the Office of Attorney General for the State of California, the above marital privilege does not exist when:
both spouses are uniformed members of the Department
