HPM 10.3 Personnel Transactions Manual

Question 1

What are the residence requirements regarding proximity to an employee’s assigned command?

Answer 1

Uniformed employees shall reside in such proximity to their assigned command or headquarters office as will assure their ability to respond to an emergency within a reasonable length of time or to allow equitable assignment of departmental responsibility.

Question 2

What are seniority points in regards to promotional exams and how are they calculated?

Answer 2

Seniority points (In promotional examinations for CHP uniformed classifications, each competitor will be allowed additional credit of one-quarter of a point for each full year served in the rank next lower than that for which the examination is given. Time in rank shall be computed from the date of appointment in the present rank to the date of the written examination. When written tests are not used, service is computed from the date of appointment in the present rank to the final filing date of the examination.

Question 3

What are veterans preference points and when are they applicable?

Answer 3

Applicants who have veteran status are entitled to Veterans Preference Points in open entrance examinations and open, nonpromotional entrance examinations only, provided they obtain the passing mark established for the examination. Veterans Preference Points are not applicable in promotional examinations.

Question 4

How many months of qualifying pay periods performing the duties of a CHP Officer are required before being eligible to take the Sergeant promotional exam?

Answer 4

A minimum of 36 months of qualifying pay periods with 24 qualifying pay periods performing enforcement related duties for a majority of the time.

Question 5

What is the minimum advertisement period commands are required to advertise non-uniformed vacancies for?

Answer 5

10 business days.

Question 6

What are the 3 requirements for a permissive reinstatement for a uniformed employee (at the discretion of the Commissioner or designated representative)?

Answer 6

• A formed uniformed employee must apply for reinstatement to a uniformed position within three (3) years of separation.
• All reinstated employees must serve a one (1) year probationary period.
• All reinstated employees shall be required to serve a one (1) year term in their initial field assignment.

Question 7

As provided in GC Section 19994.1, a 60-day advance written notice is required for a mandatory transfer of an employee (uniformed or non-uniformed) under the Department’s jurisdiction where relocation of the employee is reasonably expected. This requirement may be waived by the employee in writing. What transfer actions are the 60-day advance notice NOT applicable for?

Answer 7

(1) Mandatory transfer which does not reasonably require an employee to change the employee’s place of residence.
(2) Voluntary transfer.
(3) Administrative transfer which is a matter of mutual agreement between the appointing power and employee.
(4) Mandatory transfer as a result of a layoff situation.

Question 8

What are the residence requirements regarding remote commands near a border?

Answer 8

Due to limited housing and/or services at some remote work locations, the Commissioner authorizes departmental personnel permanently assigned to specific work locations the option of residing outside California.

Question 9

What are the residence requirements for employees assigned to Resident Posts?

Answer 9

Resident post officers shall reside within the established boundaries of the resident post.

Question 10

Are newly assigned uniformed personnel required to confer with the commander to assure that the general residence area under consideration conforms to departmental policy?

Answer 10

Yes. A uniformed employee newly assigned to a command or contemplating a change of residence for personal desire, transfer, promotion, reassignment, or a combination thereof, or for any other reason, shall confer with the commander to assure that the general area under consideration conforms to departmental policy.

Question 11

Who is authorized to administer the Oath of Allegiance or Declaration of Permission to Work?

Answer 11

All uniformed personnel Sergeant or above and non-uniformed commanders and their designated alternates.

Question 12

What are the minimum number of hours worked during a 6 month probationary period?

Answer 12

840 hours

Question 13

What are the minimum number of hours worked during a 1 year probationary period?

Answer 13

1,680 hours

Question 14

True or False
In determining total hours worked, vacation, sick leave, military leave, or other leave of absence, compensating time off, suspension or other separations, including separations subsequently voided or set aside, shall NOT be considered working time.

Answer 14

TRUE

Question 15

What are the 4 types of “discretionary leave” (unpaid leave approved by the employee’s commander or appropriate Assistant Commissioner).

Answer 15

1 - Regular leave of absence
2 - Adoption leave
3 - Temporary leave of absence
4 - Informal leave

Question 16

Are employees entitled to discretionary leave as a matter of right?

Answer 16

No

Question 17

When an employee meets the eligibility criteria for non-discretionary leave are they entitled to that leave as a matter of right?

Answer 17

Yes

Question 18

What are the 7 types of non-discretionary leave?

Answer 18

1 - Pregnancy/Parental leave
2 - Veterans’ Educational leave
3 - Military leave
4 - Spousal military leave
5 - Family and Medical Leave Act (FLMA) California Family Rights Act CFRA) - 12 weeks per year, per incident.
6 - Nonindustrial Disability Insurance leave (NDI)
7 - State Disability Insurance leave (SDI)

Question 19

True or False
Employees who are on an approved leave of absence for less than one year shall be retrained and recertified at their assigned commands.

Answer 19

TRUE

Question 20

How long must an approved leave of absence be for an employee to be required to complete Refresher Training at the Academy prior to resuming field duties at their assigned command?

Answer 20

Twelve contiguous months to two years.

Question 21

How long must an approved leave of absence be for an employee to be required to complete Reinstatement Training at the Academy prior to resuming field duties at their assigned command?

Answer 21

Over two years.

Question 22

How long must an approved leave of absence be for an employee to be retrained and recertified at their assigned command?

Answer 22

Less than one year.

Question 23

True or False
A leave for up to one year may be granted by the appropriate Commissioner. An extension of one additional year may be granted by the appropriate Commissioner prior to the expiration of the original one-year leave.

Answer 23

TRUE

Question 24

What is the maximum length of Informal Leave without pay?

Answer 24

Commanders may grant informal leave without pay for a period not to exceed 11 working days in a 22-day period or 10 working days in a 21-day period or 11 consecutive working days between pay periods. A holiday is counted as a working day. Paid absences may not be granted to break the continuity of an informal leave without pay.

Question 25

When is a female employee required to notify her commander of pregnancy?

Answer 25

When she first becomes aware of the pregnancy, a female employee shall submit a statement from her heath care provider regarding her ability to perform full or limited duties. An estimated delivery date must be included in the statement.

Question 26

What is the duration for short-term military leave?

Answer 26

Six months (180 calendar days) or less.

Question 27

True or False Unless other provisions are included in the orders, short-term military leave is the length of active duty plus one day for travel to and one day for travel returning from.

Answer 27

TRUE

Question 28

What is the duration for Long-Term military leave?

Answer 28

More than six (6) months (180 days)

Question 29

What are the two categories of separation and what do those categories include?

Answer 29

1 - Temporary : Includes all types of leaves of absence including informal and temporary leave, military leave, suspension, termination for medical reasons, involuntary leave, layoff and disability retirement. 2 Permanent : Includes dismissal, voluntary resignation, automatic resignation (AWOL), rejection during probation, termination for failure to meet conditions of employment, termination of a limited-term, temporary authorization assignment (TAU), career executive assignment or exempt appointments, service retirement, or death of an employee.

Question 30

What is the effective term to be considered AWOL for a voluntary or involuntary absence which qualifies as an automatic resignation?

Answer 30

Five (5) or more consecutive days.

Question 31

Define AWOL

Answer 31

An employee is considered AWOL on any designated work day if he/she does not report to work, does not contact his/her commander, takes time off even though the time off was not approved, or does not return from a leave of absence and does not submit their resignation.

Question 32

What age are uniformed employees subject to Mandatory Reitrement?

Answer 32

The first day of the calendar month after which the employee attains 60 years of age.

Question 33

What form does an employee list their secondary employment information on?

Answer 33

CHP 318

Question 34

What are the supervisor's responsibilities regarding receiving an employees CHP 318 (Secondary Employment)

Answer 34

- Make inquiry into the activity to determine if the activities are inconsistent or incompatible with state employment. - Ensure that those duties listed are descriptive of all duties to be performed. - Discuss the provisions of the secondary employment with the employee. - Certify that the supervisor has discussed the proposed employment with the employee.

Question 35

What are examples of Incompatible Activities?

Answer 35

a) Drinking intoxicants while on duty or in uniform. b) Reporting for duty or returning to work when not completely recovered from the effects of alcohol. c) Using or attempting to use the influence of a state position for private gain. d) Soliciting or accepting bribes for services performed which are required as the employee's official duty. e) Failure to report any known physical or mental condition. f) Acceptance of anything of value if it was offered as a result of the employee's position. g) Using state facilities, equipment or supplies of the state for personal gain. h) Using official knowledge for personal gain. i) Divulging information which is not authorized for release. j) Unauthorized sale, loan or gift of any t/c photograph or investigation. k) Recommending attorneys, adjusters, investigators, tow companies, ambulance services, or bail bondsmen to victims. l) Use of state postage or stamping facilities. m) Initiating, proposing, advancing, or influencing legislation as an employee of the CHP. n) Employees shall not take, purchase, accept, or convert to their own use of contraband, evidence, rejected items, or vehicles stored or processed through lien sale by the Department. o) Employees shall not actively participate in politics while on duty and/or in uniform. p) Employees cannot release any police-related articles for publication without first having received written approval from his/her commander. (This list is NOT all-inclusive)

Question 36

How long does an employee have to file a written response to an adverse comment entered in their personnel file?

Answer 36

30 days. The commend shall be attached to all copies of the CHP Form 2.

Question 37

Is an employee returning from work after a permanent separation granted their prior departmental seniority?

Answer 37

Yes.

Question 38

How often are Employee ID cards renewed?

Answer 38

Every 5 years.

Question 39

What is the limit on the amount of sick leave credit accumulation?

Answer 39

There is no limit.

Question 40

Is an employee allowed to use other paid leave credits in lieu of sick leave credits?

Answer 40

Yes, unless prohibited by the employee's bargaining unit agreement.

Question 41

Under what circumstances can an employee use sick leave while on scheduled vacation?

Answer 41

If the employee becomes injured or ill and is unable to continue their vacation activities or if the employee has a physical or medical examination/treatment.

Question 42

How is the Commissioner's office notified of a death of a Departmental family member?

Answer 42

Comm-net

Question 43

Is an employee allowed to use sick leave if they were exposed to a contagious disease?

Answer 43

An employee has been exposed to a contagious disease that is determined by a physician to require absence from work. Sick leave is approved provided a physician or the local health department certifies the employee was instructed to remain away from work to prevent the spread of the disease.

Question 44

What should a supervisor do if a they have a reasonable belief that an injury or illness is not valid?

Answer 44

Recommend against the approval of the absence.

Question 45

Are separate vacation schedules used for officers, sergeants and non-uniformed employees?

Answer 45

Yes. While vacations for officers within an Area are normally established on a single schedule, commanders may schedule special duty, motorcycle, resident post, and other officers separately after the need for such separate scheduling is clearly demonstrated and approval is obtained from the Division commander.

Question 46

What is the maximum accumulation for vacation/annual leave?

Answer 46

924 hours.

Question 47

How does FLSA (Section 7K) determine the method that the Department uses to calculate work periods?

Answer 47

Section 7K of the Fair Labor Standards Act (FLSA) permits employers of law enforcement personnel to establish a work period of 28 consecutive 24-hour periods instead of the standard seven-day, 40 hour workweek. A work period is a regular and recurring 28 consecutive day period used for scheduling and the computation of overtime under the FLSA.

Question 48

Can an employee authorize their own overtime? (Shift-related)

Answer 48

No. An employee shall not work OT unless ordered to do so by his/her supervisor. A supervisor shall not allow an employee to perform OT work without prior authorization and shall take affirmative steps to prevent unauthorized OT from being worked.

Question 49

Does ordinary travel from home to work need to be counted as time worked?

Answer 49

No, even if the employer agrees to pay for it.

Question 50

True or False If an employee who has gone home after completing the day's work is called back to work, travel time is counted as time worked.

Answer 50

TRUE

Question 51

True or False If an employee is required to travel while working, the time must be counted as time worked.

Answer 51

TRUE

Question 52

True or False An employee who has completed a normal work shift or is on an RDO, when ordered back to work, SHALL be credited with a minimum of four (4) hours work time, provided the call back to work is without having being notified prior to completion of the shift, or the notification is prior to completion of the work shift and the work begins more than three (3) hours after completion of the work shift.

Answer 52

TRUE

Question 53

True or False When there are three hours or less between the end of the shift and the time an employee must leave from the office for a court appearance, an employee SHALL NOT receive OT for the intervening period.

Answer 53

FALSE. They SHALL receive OT for the intervening period.

Question 54

True or False An employee on a leave of absence without pay is required to appear in court who does not receive salary payment for the court appearance still accumulates call back time for OT.

Answer 54

FALSE. They do not accumulate call back time for OT.

Question 55

True or False An employee on a leave of absence without pay is still entitled to their transportation and travel expenses being furnished by the Department for Court Cases by or on behalf of the Department.

Answer 55

TRUE

Question 56

If an employee is called as a party to suit or expert witness in a case that does not serve the interests of the State, is the absence paid?

Answer 56

No, The employee retains all court fees and the absence is without pay unless personal leave banks are used.

Question 57

True or False If a State Personnel Board Hearing is scheduled during the employee's working hours and the employee has given 2 days notice to their supervisor, the employee may be absent with pay to attend the hearing which affects their position with the Department.

Answer 57

True

Question 58

Is an absence considered paid if an employee is subpoenaed to appear as a witness in a matter not involving official duties?

Answer 58

Yes

Question 59

Is an employee allowed time off with pay for an employment interview during their working hours when the interview is for a position from any state civil service employment list?

Answer 59

Yes

Question 60

How many hours are employees granted on Statewide Election Day if there is insufficient time to vote outside of working hours?

Answer 60

A maximum of two hours.

Question 61

Are employees allowed to attend a funeral of an active or retired service member on state time?

Answer 61

Yes, with approval from the Area Commander.

Question 62

Are employees allowed to attend a funeral of a non-departmental employee on state time?

Answer 62

With approval from the Division Chief.

Question 63

Administrative Time Off ATO may be granted by Commanders who have identified a need and requested approval from the Commissioner's Office. What is the maximum time of a paid leave of absence and under what circumstances?

Answer 63

Employees may be granted up to 5 days when the employee works or resides in a county where a state of emergency has been proclaimed and specified conditions exist.

Question 64

True or False No adverse comments may be entered in any file used for personnel purposes without that employee having first read and signed the document. This applies to permanent and probationary employees with the exception of cadets. If an employee refuses to sign, that fact is noted and signed by a witness (usually a supervisor).

Answer 64

TRUE

Question 65

What is a CHP 137C?

Answer 65

Field Personnel Annual Review (Uniformed). A checklist for reviewing and updating the field folder documents at the time of the annual performance evaluation.

Question 66

What are the 11 types of information that are subject to release as a result of a Public Records Act (PRA) Request?

Answer 66

1 - Name 2 - Department 3 - Reporting location / telephone number 4 - Classification and specifications of the position 5 - Assignment 6 - Salary Range 7 - Tenure 8 - Time Base 9 - Date Appointed 10 - Rehire information 11 - Training received at state expense

Question 67

True or False GC specifies that no employee shall be assigned duties of any other classification other than which the employee is allocated.

Answer 67

TRUE

Question 68

Who is responsible to ensure employees are not assigned out-of-class duties?

Answer 68

Commanders and Supervisors shall be responsible for ensuring that the duties and responsibilities of each subordinate employee are appropriate to his/her current classification.

Question 69

How many weeks of unpaid, job protected leave during a 12 month period does the FLMA act of 1993 allow?

Answer 69

Up to 12 weeks for specified family and medical reasons.

Question 70

True or False FLMA is job-protected unpaid leave, the Department shall not allow employees to use accrued leave credits during FMLA leave.

Answer 70

FALSE. Employees shall be allowed to use accrued leave credits to receive payment during leave.

Question 71

What are five (5) qualifying FMLA/CFRA leave events?

Answer 71

1 - Birth and care of an employee's newborn child. 2 - Care for a newly adopted or placed foster child. 3 - Care for an immediate family member (spouse, child, parent or domestic partner) who has a serious health condition. 4 - Employee's own serious health condition that makes the employee unable to work. 5 - Employee is a victim of domestic violence.

Question 72

True or False FMLA/CFRA leave needs to be taken in one continuous period.

Answer 72

FALSE. It can be taken intermittently.

Question 73

What does CFRA stand for?

Answer 73

California Family Rights Act (State) - 12 weeks of unpaid, job-protected leave.

Question 74

What does FMLA stand for?

Answer 74

Family Medical Leave Act (Federal) - 12 weeks of unpaid, job-protected leave.

Question 75

True or False An employee returning from a FMLA/CFRA leave SHALL be returned to the same position the employee held when the leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment.

Answer 75

TRUE

Question 76

True or False An employee's use of CFRA/FLMA CANNOT result in the loss of any employment benefit that the employee earned or was entitled to before the leave.

Answer 76

TRUE

Question 77

Employees may not be required to work light duty jobs in lieu of taking FMLA/CFRA leave. If an employee who is recovering from a serious health condition voluntarily accepts a light duty work assignment, is the time on the light duty assignment counted as FMLA/CFRA leave?

Answer 77

No, it is not counted as FMLA/CFRA leave.