HPM 100.86 Risk Management Flashcards
When is a motor vehicle collision involving a Dept vehicle reported? HPM 100.86 (5-6)
All motor vehicle collisions shall be reported within 48 hours to the Department of General Services/Office of Risk and Insurance Management (DGS/ORIM), utilizing the STD. 270, Vehicle Accident Report.
Who is responsible for damage to a state vehicle which has not been previously reported? HPM 100.86 (5-4)
Last driver unless hidden damage
What are exceptions to a Reportable Collision? (5-4)
(1) When during the course of a pursuit (Suspect Crash)
(2) When during the course of a pursuit (Damage from Legal Intervention)
(3) An action of the elements
(4) When there is damage to glass from unknown causes
(5) Collisions with birds
(6) A motorcycle sustains damage as a result of it falling from its kickstand.
(7) When there is damage caused by the push bumper during the removal of
a vehicle or equipment from the roadway
Note: This exception does not apply if either involved vehicle sustains damage from striking another object during the push bumper removal.
(8) Unintentional damage sustained by acts of persons (not vehicles) in custody or unknown persons. However, a memorandum shall be submitted to Fiscal Management Section (FMS) indicating the cause of the damage.
(9) Malicious damage sustained by acts of persons (not vehicles) in custody
Preliminary and finalized CHP 268’s shall only be stored where? (2-3)
“Risk Management Reports” file located under “favorites” within Windows Explorer- Now Found in HPM 100.86
A Threshold Incident and Non-Threshold CHP 268 must be reported when?
(2-3)
Immediately to ENTAC
7 days to Div
10 days from Div. receipt to ORM
What are some examples of a Non-Threshold Incidents?
1-7
Any Patrol vehicle collision which results in other visible and/or complaint of pain to a civilian
Any incident involving UOF by a member of the Dept which results in other visible and/or complaint of pain injury to a suspect or bystander
An incident involving other visible and/or complaint of pain injury from the use of handcuffs (indentations and/or redness don’t count)
High Risk/Felony stop and suspect found to be innocent party
Civilian slips and falls in the front lobby of an Area office and sustains an injury,
innocent party’s vehicle hits spike strip
Any incident when there is damage caused by the push bumper removal of a vehicle or equipment from the roadway-
What is the retention period for any documents/materials listed on the checklist of a CHP 268? (2-4)
Threshold Incidents 10yrs
Non-Threshold PCL Incidents 5yrs.
“Pending” shall be preserved upon completion
and retained for the above-mentioned time frames.
If an incident involves criminal prosecution and results in an incarceration, the associated documents/materials shall be retained as evidence and held for the above mentioned time periods or the length of incarceration; whichever is longer.
Additionally, evidence shall be retained until all time frames for appeals have expired
What are some examples of Threshold Incidents?
1-7
seriously injured or killed on duty
Incident involving departmental personnel which results in serious injury, hospitalization, or death to a member of the public
CHP intentionally or by accident discharges
a firearm at a person, whether on- or off-duty, and whether or not an individual
is struck.
Any sensitive or complex internal investigation when the liability appears
to be that of the Department
When is a CHP 275 prepared? (3-4)
For any use of force incident
What is time line for submitting a CHP 275?
Area to Division- 7 calendar days from incident
Division to ORM- 10 calendar days from receipt- Now Found in HPM 100.86
For reporting purposes does the mere display, threatened, or attempted use of a force option constitute a UOF incident for reporting purposes (e.g., the display of an ECD or baton to de-escalate a situation; the deployment of an ECD in dart mode where both darts completely miss the subject; a swing and miss with a baton). (3-4)
No but does not preclude a supervisor from preparing a CHP 268 (except discharge of firearm, even a miss is reported)
Is a CHP 275 required for the mere use of a Dept approved handcuffing technique on a compliant subject?
No only when used to overcome PHYSICAL RESISTANCE from uncooperative
In the event a departmental canine was deployed as a force option during a use of force incident, who documents the details of the K9 deployment?
the details of the canine deployment shall be documented by a division canine supervisor on a separate CHP 275. The CHP 275 completed by the Area supervisor shall still contain the details of all other force options utilized during the incident
Civil lawsuits may be instituted for liability claims alleging false arrest, battery, assault, negligence, fraud, malice, errors of omission or commission, improperly maintained or defective equipment, grounds, or property, failure to act, accidents involving departmental automotive equipment, etc. to the Victim Compensation and Government Claims Board (VCGCB). All claims in excess of $1,000 must be filed with the VCGCB (formerly known as the Board of Control). What is the time period for submission?
6 months of the date of the alleged incident
What do we give when a person claims damages under $1000?
When an individual claims to have suffered a loss $1,000 and under they shall be provided with a CHP 287, Claims Of $1,000 Or Less, form. Field supervisors are encouraged to carry these forms with them in order to expedite the process. This form includes sections to identify the loss and a Release of Liability
