HPM 100.86- Risk Management Flashcards
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..
TRUE
___ will establish Standard Operating Procedures for Risk Management Response Protocol for situations unique to their individual commands.
Division Commanders
The ORM reports to the ___ and provides support services to designated and trained Risk Management Administrators (RMA) for risk-related incidents as needed.
Deputy Commissioner
The ORM, Risk Management Unit, reports to a ______(commander) and is comprised of a lieutenant, an Analysis Unit, and a Claims Support Unit.
Captain
One of ORM’s responsibilities is acting as a liaison with the Attorney General’s office on risk issues.
True
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.
TRUE
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.
TRUE
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.
TRUE
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.
TRUE
Examples of threshold incidents are:
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.
Examples of nonthreshold incidents are:
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.
Indentations or redness from handcuffing require a CHP 268.
NOPE- FALSENESS
When any doubt exists as to the necessity for a report, a CHP 268 should be completed.
TRUE
Threshold Incidents notification requirements:
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.
Non-threshold incident notification requirements:
the appropriate preliminary or completed CHP 268 transmitted to ORM within seven calendar days; however, ENTAC notification is not required.
Following a threshold incident, requests for information SHALL be coordinated through:
ORM for incident specific/ PRA
OLA for discovery/ pitchess motion
The CHP 268 is an attorney-client privileged document utilized for the purpose of relaying sensitive information to the Office of Legal Affairs (OLA).
TRUE- instructions for filling out correctly are on ORM’s website
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.
7 calendar days
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.
10 calendar days
For a non-threshold incident, is ENTAC notification required?
NO
In those instances when a CHP 268 cannot be completed within the required timeframe(s), a preliminary report shall be created.
TRUE
___________ 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.
As soon as practical
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.
Only ONE shall be completed
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.
TRUE
All individuals in the chain of review ___ document their review of the report utilizing the Routing Log contained within the CHP 268.
SHALL
All materials/documents marked Preserved for Threshold Incidents shall be retained on a ___-year litigation hold.
10 years
All materials/documents marked Preserved for Nonthreshold PCL Incidents shall be retained on a ___-year litigation hold.
5 years
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.
SHALL NOT
Use of Force (UOF) incidents which do not result in injury to a civilian shall be documented on a _____.
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).
All UOF incidents which result in injury to a civilian shall be documented on a __________.
CHP 275 and accompanied by a CHP 268
Complaint of pain and/or visible injury shall be considered an injury for reporting purposes. This would NOT include ___________
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.
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.
TRUE
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.
TRUE
The discharge of a firearm by a departmental peace officer shall be reported utilizing the CHP 275, _______
Whether or not the subject was struck
A CHP ____ shall be completed when any control hold is used to overcome physical resistance from an uncooperative subject.
275
A CHP 275 is ___ for the mere use of a departmentally approved handcuffing technique on a compliant subject.
not required
All in-custody/arrest-related deaths shall be reported to the Office of Risk Management (ORM) within ___ calendar days from the date of incident.
7
Reporting shall be conducted utilizing the ___, Death In Custody Reporting Form.
BCIA 713
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:
(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.
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 _________________________
CHP 208, Collision Prevention Report, STD. 270, Vehicle Accident Report, and CHP 555, Traffic Collision Report, are required.
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 _____________________
CHP 208, STD. 270, and CHP 555 are required.
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.
SHALL
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
STD. 270
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.
CHP 208, STD. 270, and CHP 555
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 ___________
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).
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.
CHP 208, STD. 270, and CHP 555
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. _________________
An STD. 270 is required. A CHP 555 may be required as deemed appropriate by the Area commander.
Hail, wind, and sand storm damage DO NOT require a CHP 208, STD. 270.
neither do other incidental damages- push bumper, windshield rocks etc
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?
no
A motorcycle sustains damage as a result of it falling from its kickstand. Are a CHP 208 and STD 270 required?
nope
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?
nope!
When malicious damage to a state vehicle is sustained by the acts of persons in-custody, are a CHP 208 and STD 270 required?
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.
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.
48 hours
An STD. 270 shall be completed by Area and a copy routed to the appropriate Division within ___ calendar days.
7 calendar days
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.
7 calendar days
All claims in excess of ___ must be filed with the Government Claims Program (GCP).
$1,000
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
true- CHP 442, Individual Accident, Injury and Safety Recognition Record.
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.
true
STD liability only for:
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.
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.
$1,000
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.
$1,000, SHOULD
A CHP 268 ___ be completed as soon as possible in response to the submission of a CHP 287.
SHALL
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.
TRUE
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.
the involved officers’ home command
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 _____________
only those portions of the report that applies to their involvement.
A Peace Officer owes a duty of care to the public when the officer:
(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.
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.
FALSE
The mere provision of police service to the general public _____ be construed as the type of conduct which establishes a special relationship.
cannot
Employees are to exercise ________ for others once a special relationship has been established.
reasonable care
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.
SHALL
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.
shall
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:
(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.
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.
TRUE
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).
TRUE
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.
TRUE
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.
TRUE
In EIS, the following events will be used to identify circumstances warranting an
intervention advisory and supervisory review:
(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.
