HPM 100.86- Risk Management

Question 1

Risk management is defined as an activity that involves the evaluation or comparison of risks and the development, selection, and implementation of control measures that change, reduce, or eliminate the probability or the consequences of a harmful action..

Answer 1

TRUE

Question 2

___ will establish Standard Operating Procedures for Risk Management Response Protocol for situations unique to their individual commands.

Answer 2

Division Commanders

Question 3

The ORM reports to the ___ and provides support services to designated and trained Risk Management Administrators (RMA) for risk-related incidents as needed.

Answer 3

Deputy Commissioner

Question 4

The ORM, Risk Management Unit, reports to a ______(commander) and is comprised of a lieutenant, an Analysis Unit, and a Claims Support Unit.

Answer 4

Captain

Question 5

One of ORM’s responsibilities is acting as a liaison with the Attorney General’s office on risk issues.

Answer 5

True

Question 6

One of the Office of Legal Affair’s (OLA) responsibilities is ensuring procedures necessary to provide legal advice relative to incident risk are followed and that the interests of the Department are properly addressed.

Answer 6

TRUE

Question 7

Threshold Incidents are defined as those incidents which have a high probability of resulting in the Department or State of California as a plaintiff in a civil lawsuit.

Answer 7

TRUE

Question 8

When considering a threshold incident, supervisors/managers should consider whether the incident could unfavorably reflect upon or cause embarrassment to the Department or another state agency.

Answer 8

TRUE

Question 9

For the purposes of this manual, a “serious” injury is defined as serious impairment of physical condition, including, but not limited to, the following: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement.

Answer 9

TRUE

Question 10

Examples of threshold incidents are:

Answer 10

Any incident in which a member of the Department is seriously injured or killed during the performance of their duties.
Any incident involving departmental personnel which results in serious injury, hospitalization, or death to a member of the public.
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.
Any sensitive or complex internal investigation when the liability appears to be that of the Department.

Question 11

Examples of nonthreshold incidents are:

Answer 11

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.
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.
Any incident involving an other visible and/or complaint-of-pain injury from the use of handcuffs/
When high-risk or felony stop procedures are used and the suspect(s) is/are later found to be an innocent party.
An incident where a civilian slips and falls in the front lobby of an Area office and sustains an injury.
When an innocent party’s vehicle runs over a spike strip.
Any incident when there is damage caused by the push-bumper removal of a vehicle or equipment from the roadway.

Question 12

Indentations or redness from handcuffing require a CHP 268.

Answer 12

NOPE- FALSENESS

Question 13

When any doubt exists as to the necessity for a report, a CHP 268 should be completed.

Answer 13

TRUE

Question 14

Threshold Incidents notification requirements:

Answer 14

immediate notification to ORM via the Emergency Notification and Tactical Alert Center (ENTAC). The ORM will provide ENTAC with a 24-hour call out list of personnel available for notification.

Question 15

Non-threshold incident notification requirements:

Answer 15

the appropriate preliminary or completed CHP 268 transmitted to ORM within seven calendar days; however, ENTAC notification is not required.

Question 16

Following a threshold incident, requests for information SHALL be coordinated through:

Answer 16

ORM for incident specific/ PRA

OLA for discovery/ pitchess motion

Question 17

The CHP 268 is an attorney-client privileged document utilized for the purpose of relaying sensitive information to the Office of Legal Affairs (OLA).

Answer 17

TRUE- instructions for filling out correctly are on ORM’s website

Question 18

A Threshold Incident, as defined in Chapter 1, Risk Management Response Protocol, paragraph 4., of this manual, requires immediate notification to the Emergency Notification and Tactical Alert Center (ENTAC). A completed CHP 268 shall be transmitted by Area to the appropriate Division within ___ calendar days of the date of the incident.

Answer 18

7 calendar days

Question 19

For a threshold incident, Division shall review the CHP 268 (including changes or corrections Division requires Area to make) and submit the report to ORM within ___ calendar days from the date of receipt.

Answer 19

10 calendar days

Question 20

For a non-threshold incident, is ENTAC notification required?

Answer 20

NO

Question 21

In those instances when a CHP 268 cannot be completed within the required timeframe(s), a preliminary report shall be created.

Answer 21

TRUE

Question 22

___________ after an incident, a supervisor with direct knowledge of the incident shall complete a chronological summary of the incident and submit the report through proper channels to ORM.

Answer 22

As soon as practical

Question 23

In the event more than one departmental employee is directly involved in an incident which could give rise to civil liability, ____ # of reports shall be completed. All employees shall be listed on each CHP 268 as “Involved” or “Witness” based upon their role in the incident.

Answer 23

Only ONE shall be completed

Question 24

The supervisor SHALL complete the Supervisory Review, including any perceived policy and/or law violations and whether the supervisor believes the employee(s) acted within departmental policy.

Answer 24

TRUE

Question 25

All individuals in the chain of review ___ document their review of the report utilizing the Routing Log contained within the CHP 268.

Answer 25

SHALL

Question 26

All materials/documents marked Preserved for Threshold Incidents shall be retained on a ___-year litigation hold.

Answer 26

10 years

Question 27

All materials/documents marked Preserved for Nonthreshold PCL Incidents shall be retained on a ___-year litigation hold.

Answer 27

5 years

Question 28

When an incident causes a civilians’ complaint investigation to be conducted, it shall be conducted in accordance with HPM 10.4, Citizens’ Complaint Investigations. If it is known that a civilians’ complaint was filed when completing the CHP 268, the fact should be noted under the “Area Commander Review” section. Copies of the CHP 268 ___ ____ be included in the complaint investigation report.

Answer 28

SHALL NOT

Question 29

Use of Force (UOF) incidents which do not result in injury to a civilian shall be documented on a _____.

Answer 29

CHP 275. For noninjury UOF incidents, a CHP 268 is only required when there is concern for potential civil liability arising from the incident (e.g. claims of excessive force, inconsistencies in statements versus evidence, violations of departmental policy).

Question 30

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

Answer 30

CHP 275 and accompanied by a CHP 268

Question 31

Complaint of pain and/or visible injury shall be considered an injury for reporting purposes. This would NOT include ___________

Answer 31

Electronic Control Device (ECD) deployments where the only injury is probe/puncture marks or incidents where mere redness or indentations are the only injury associated with the proper application of handcuffs.

Question 32

A CHP 275 shall be completed when a subject attacks a peace officer and the attack results in serious or fatal injuries to the officer. When a subject discharges a firearm at a peace officer, whether the officer was struck or not.

Answer 32

TRUE

Question 33

The CHP 275 shall be completed as soon as practical after an incident by a supervisor with direct knowledge of the incident, for any incident in which a peace officer utilizes force to overcome physical resistance from an uncooperative civilian.

Answer 33

TRUE

Question 34

The discharge of a firearm by a departmental peace officer shall be reported utilizing the CHP 275, _______

Answer 34

Whether or not the subject was struck

Question 35

A CHP ____ shall be completed when any control hold is used to overcome physical resistance from an uncooperative subject.

Answer 35

275

Question 36

A CHP 275 is ___ for the mere use of a departmentally approved handcuffing technique on a compliant subject.

Answer 36

not required

Question 37

All in-custody/arrest-related deaths shall be reported to the Office of Risk Management (ORM) within ___ calendar days from the date of incident.

Answer 37

7

Question 38

Reporting shall be conducted utilizing the ___, Death In Custody Reporting Form.

Answer 38

BCIA 713

Question 39

For reporting purposes, 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:

Answer 39

(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.

Question 40

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, a _________________________

Answer 40

CHP 208, Collision Prevention Report, STD. 270, Vehicle Accident Report, and CHP 555, Traffic Collision Report, are required.

Question 41

For any incident in which a state vehicle is legally parked, whether or not the state vehicle is in transport, and is struck by another vehicle, a _____________________

Answer 41

CHP 208, STD. 270, and CHP 555 are required.

Question 42

For anytime unreported damage to a state vehicle is discovered, the last driver of the state vehicle ___ be documented as the party responsible for the damage. A CHP 208 and STD. 270 are required. A CHP 555 is required if deemed appropriate by the Area commander.

Answer 42

SHALL

Question 43

Any incident where it is/may be alleged the state vehicle was the proximate cause of a collision. An investigation shall be conducted regardless of whether or not there was actual physical contact between the state vehicle and any vehicle, object, or person. A liability-only _______ is required. A CHP 208 and CHP 555 are required if it is determined the state vehicle was involved as a “noncontact” party to the collision

Answer 43

STD. 270

Question 44

For any incident involving legal intervention which meets the definition of a collision in accordance with Highway Patrol Manual (HPM) 110.5, Collision Investigation Manual, Chapter 2, Definitions and Classifications of Collisions, a _____________shall be completed.

Answer 44

CHP 208, STD. 270, and CHP 555

Question 45

When during the course of a pursuit, the suspect vehicle is involved in a collision and damage and/or injuries are confined to the pursued vehicle and suspect, a ___________

Answer 45

This type of incident only requires the completion of a CHP 555 as appropriate unless it is/may be alleged the state vehicle was the proximate cause of the collision as outlined in paragraph 2.a.(3).

Question 46

Any incident in which a state vehicle is utilized to push a vehicle and the pushed vehicle is involved in a collision with another person, object, or third party vehicle(s). A __________ shall be completed.

Answer 46

CHP 208, STD. 270, and CHP 555

Question 47

Any collision or an occurrence when other than a state employee is the driver of the state vehicle, such as a garage mechanic where the vehicle was left for repairs. _________________

Answer 47

An STD. 270 is required. A CHP 555 may be required as deemed appropriate by the Area commander.

Question 48

Hail, wind, and sand storm damage DO NOT require a CHP 208, STD. 270.

Answer 48

neither do other incidental damages- push bumper, windshield rocks etc

Question 49

A collision with a bird that moves unexpectedly into the vehicle’s path and cannot be avoided, if the injury is confined to the bird, is a CHP 208 and STD 270 required?

Answer 49

no

Question 50

A motorcycle sustains damage as a result of it falling from its kickstand. Are a CHP 208 and STD 270 required?

Answer 50

nope

Question 51

There is damage caused by the push bumper during the removal of a vehicle or equipment from the roadway and the damage is limited to the contact point on the privately owned vehicle or the California Highway Patrol (CHP) vehicle. Are a CHP 208 and STD 270 required?

Answer 51

nope!

Question 52

When malicious damage to a state vehicle is sustained by the acts of persons in-custody, are a CHP 208 and STD 270 required?

Answer 52

no-
(a) A CHP 221, Malicious Damage Report, shall be completed in triplicate and distributed as follows:
1 The original is retained at the office.
2 A copy is forwarded to FMS, Reimbursable Services Unit, with a
court order of restitution attached. Do not send the CHP 221 to FMS without a court order of restitution.
3 A copy is forwarded to the local district attorney’s office within five days of the incident.

Question 53

A completed STD. 270 shall be routed to the Department of General Services (DGS), Office of Risk and Insurance Management (ORIM), within ___ hours from the time of incident.

Answer 53

48 hours

Question 54

An STD. 270 shall be completed by Area and a copy routed to the appropriate Division within ___ calendar days.

Answer 54

7 calendar days

Question 55

The CHP 208 shall be completed by the Area and routed to the appropriate Division office within ___ calendar days. Preliminary CHP 208 reports shall not be routed.

Answer 55

7 calendar days

Question 56

All claims in excess of ___ must be filed with the Government Claims Program (GCP).

Answer 56

$1,000

Question 57

Whenever an employee is involved in a collision/occurrence requiring the submission of a CHP 208 or suffers an injury requiring the submission of a CHP 121 to State Fund, the incident shall be recorded on a CHP 442 as required in HPM 10.7, Chapter 5, and HPM 150.1

Answer 57

true- CHP 442, Individual Accident, Injury and Safety Recognition Record.

Question 58

A CHP 600- right to privacy instructions, shall be provided to each employee involved in a CHP vehicle collision. A CHP 600 instructs employees who have been involved in vehicle collisions about the disposition of collision records, and of the rights to privacy and access to such records.

Answer 58

true

Question 59

STD liability only for:

Answer 59

A pursuit by the CHP which allegedly causes a collision of other third-party vehicle(s).
2 An individual injures themself when shutting a CHP vehicle door on their own hand.
3 A motorcyclist skids on the shoulder and overturns while being signaled to pull over by a CHP uniformed employee.
4 A confused driver collides with a third-party vehicle while being signaled to pull over by a CHP uniformed employee.
5 A departmental vehicle tire flips up a rock(s), causing damage to another vehicle.

Question 60

The GCP has delegated authority to the Department to settle and pay property damage/loss claims up to $___ per claim pursuant to GC Section 935.6. All claims which are $___ or less are processed by ORM.


Answer 60

$1,000

Question 61

When an individual claims to have suffered a loss of $___ or less, they shall be provided a CHP 287. A field supervisor ___ carry this form with them in order to expedite the claim process.


Answer 61

$1,000, SHOULD

Question 62

A CHP 268 ___ be completed as soon as possible in response to the submission of a CHP 287.

Answer 62

SHALL

Question 63

When an employee(s) from only one command is involved in a pursuit, regardless of whether or not the pursuit travels outside of the command’s geographical boundaries, it is considered a Single Command Pursuit.

Answer 63

TRUE

Question 64

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

Answer 64

the involved officers’ home command

Question 65

When more than one command and/or agency is involved in the same pursuit, each involved command and/or agency is responsible for completing and reviewing _____________

Answer 65

only those portions of the report that applies to their involvement.

Question 66

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

Answer 66

(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.
b. There may also be liability attached to nonuniformed employees because of an
act or omission during the course and scope of their employment with the Department.
c. The mere provision of police service to the general public cannot be construed as the type of conduct which establishes a special relationship.

Question 67

There is no liability attached to nonuniformed employees because of an act or omission during the course and scope of their employment with the Department.

Answer 67

FALSE

Question 68

The mere provision of police service to the general public _____ be construed as the type of conduct which establishes a special relationship.

Answer 68

cannot

Question 69

Employees are to exercise ________ for others once a special relationship has been established.

Answer 69

reasonable care

Question 70

Employees _______ not place motorists, passengers, or pedestrians in a position of foreseeable danger from either traffic or other potentially hazardous factors after contact has been made.

Answer 70

SHALL

Question 71

All nonuniformed employees handling 911 or other emergency calls ____ remain on the line with members of the public until the call has been successfully transferred to the appropriate allied agency, departmental communications center, or other departmental personnel.

Answer 71

shall

Question 72

Any uniformed employees establishing a special relationship as defined in this manual shall remain at the scene until one or more of the following occurs:

Answer 72

(1) They are properly relieved by a departmental employee.
(2) They have relinquished the scene management responsibilities to an on-scene representative of the governmental agency having primary responsibility for the incident.
(3) They have learned of a reasonably apparent emergency requiring their immediate attention elsewhere.
(4) They have received direction from a supervisor to assume duties elsewhere.
(5) A peace officer’s assistance and/or protection is no longer reasonably necessary.

Question 73

IAPro is a specialized software program utilized to capture a wide range of statistical data which has been entered into Blue Team (BT). The BT application is a Web-based application providing for data input of specific incidents and used to view the EIS dashboard. The BT application is available on the CHP Intranet site >Resources> Supervisors & Managers.

Answer 73

TRUE

Question 74

Departmental managers and supervisors are responsible for monitoring employee performance. This obligation includes vigilant observation to identify patterns of past behavior that could lead to future and escalating disciplinary action. To assist in this endeavor, BT and IAPro together allow the Department to maintain an EIS (Early Intervention System).

Answer 74

TRUE

Question 75

Encompassed in the BT application is the EIS dashboard. The EIS dashboard provides supervisors and managers the ability to view the EIS status of an employee currently assigned to their command. The EIS dashboard should only be used as a threshold advisory tool for supervisors and managers.

Answer 75

TRUE

Question 76

Supervisors may document any performance-related issues in the employee’s monthly or annual performance appraisals if appropriate; however, no reference should be made to EIS solely due to an employee meeting a threshold. Entries in evaluations must be supported by observed performance.

Answer 76

TRUE

Question 77

In EIS, the following events will be used to identify circumstances warranting an
intervention advisory and supervisory review:

Answer 77

(1) Adverse Action: 2 in 12 months.
(2) CHP 2, Incident Report – Censurable: 2 in 12 months.
(3) Civilian Complaint: 3 in 18 months.
(4) Miscellaneous Investigation: 2 in 12 months.
(5) Memorandum of Direction: 2 in 12 months.
(6) Use of Force: 3 in 12 months.
(7) Written Performance Documents – Positive: 2 in 12 months.