HPM 1.1, HPM 5.1, HPM 9.1, HPM 9.2 Flashcards
Every manual, guide, and handbook will contain a ____ ______ followed by an_____ _____.
Purpose statement/Objective statement
General orders establish policy, assign responsibility, and contain permanent detailed instructions and procedures that direct how _______ perform their duties.
personnel
Highway patrol guides contain informative material, they may refer to or restate policy but ___ ____ establish policy.
do not
Unless the Assistant Comissioner, Staff (ACS), grants an exception, a G.O. shall not exceed____ numbered pages, including the attachments.
25
Normally, a MM shall not exceed____ numbered pages, including annexes and appendicies.
20
Highway Patrol handbooks usually contain quoted policy, law, procedures, etc.,and are primarily of an nature. In addition to Departmental use, they are also made available to the e.
Public
Management memorandums contain expiration dates not to exceed ____ months from their effective dates. If it establishes a policy change it shall be incorporated into HPM or GO.
9
Permanent Departmental policy will be contained only in ______ and _______.
General orders and HPM’s
The Informational Bulletin alerts personnel to any changes to issues ranging from the Vehicle code to courts and which may not involve policy it is ____ in nature.
Informational
MM’s may be extended up to an additional 6 months if the extension is made prior to the expiration date. The extension is implanted by________.
Comm-Net message
Staff, Board, Committee, Conference minutes that contain policy will expire_____ months after the date of the meeting.
6
For the purpose of this publication, policy is defined as written statements that establish direction toward the accomplishments of the ______ of the Department.
objectives
Departmental policy is established or changed by the _____.
Commissioner
Departmental policy is contained in ______,______,______, and ___________.
General orders, HPM’s, MM’s and Comm-Net messages. (MM and Comm-Net are short term.)
A Comm-Net, field command SOP,, and any level meeting minutes___ ___ considered publications.
are not
Management memorandums and Comm-Nets contain policy on a ________ basis.
temporary
A Comm-Net that contains policies or procedures expires_____ calendar days from the date of the message.
90
Comm-Net messages which contain polices or procedures of continuing duration shall be placed in an appropriate publication within____ days from the date of the message.
45
Publications shall be reviewed by the OPI every_____months.
6
Government code section 6219 specifies all agency documents shall be written in ______, ________ avoiding technical terms as much as possible, and use a coherent and easily readable style.
plain, straight forward language
The Online Publications Library is considered the _______publications library and is accessible to all departmental employees on a read-only basis.
official
A MM containing policy and/or procedure changes shall be accompanied by a ______ and a ________
announcing the MM upload when forwarded for review and approval.
CHP 60 and Comm-Net message
MM’s are numbered as follows; the first two digits are taken from the current______, the secondary numbers are issued in numerical sequence from the publication unit.
year
Certain material contain in the CHP publications involves officer safety and/or internal security. Such material is exempt from public disclosure per the _________________.
Government code 6254(f), decisional law (NCPPP vs. Craig)
Material involving public policy, when it can be demonstrated that the public interest can be better served by withholding material rather than disclosing it, is exempt from disclosure per the__________.
Govt. code 6255
Former CHP employees are to be treated the same as the general public, they have_______to obtain or disclose exempt material contained in publications.
no right
_______and______point type size are used for all departmental publications.
Arial/12
The term “Correspondence” as used in this manual includes all of the following but what?
route slips
What specifies that all written communications shall be written in plain straight forward language, avoiding technical terms as much as possible?
Government code 6215
Inappropriate reference to_____, ___,___,___shall be eliminated from all departmental correspondence unless used in a direct quote. Masculine and feminine terms shall not be used when referring to groups or situations which include or may include members of both sexes.
gender
A category 1 correspondence is prepared on what? And shall be used for intradepartmental and interdepartmental correspondence.
Memo CHP 51wp
A category 2 correspondence is prepared on what? And shall be used for correspondence directed to agencies or individuals outside of Calif. state government.
Departmental letterhead
Correspondence directed to all appointed state officials and state agencies shall be prepared on what?
Memo CHP51 wp
Category 2 correspondence shall be used within state government for the following situations:
Commendations of Departmental and other State employees, letters Govenor, LT Govenor, State Legislators and Judges.
Location codes are the first in file numbers and are without exception the location code of the preparer, reviewer, signer or writer?
signer
Standard_____rules apply punctuation and capitalization shall be used on all departmental correspondences.
English
Single paragraph letters shall be _______ spaced.
double
The second and each succeeding page of a letter or memo shall be headed with the name of the addressee, the page number, and the date_____ from the top, flush with the left margin.
one inch
On the second page of a correspondence the text shall continue 2, 3, 4, or five lines below the date?
4
Attachments or enclosures shall be shown____line spaces below the signature group, flush with the left margin.
2
Departmental correspondence should be prepared with a serif type face when available, two examples are:
Times New Roman, Arial
Correspondence should be prepared in ____point type face.
12
What is the term used for additional pages associated with a memorandum?
Attachment
What is the term used for additional pages associated with letters?
Enclosures
Attachments or enclosures shall be banded or stapled, not paper clipped when sent through the mail, True or False?
True
Correspondence directed to elected state officials shall be prepared on Departmental Letterhead, True or False?
True
Of the 21 state bargaining units, how many are manged by the department, 10, 21, 12 or 8?
12
Who is responsible for seeing that employee relations polices of the CHP are properly administered?
Managers and supervisors
General guides are departmental specific communications available on the CHP intranet on the OER web page to all managers and supervisors, True or False?
False-Contract interpretations
What does SEERA stand for and what was it renamed?
State Employee-Employer Relations Act, renamed the Ralph C Dills Act
What is the Dills Act?
A series of government codes which govern collective bargaining.
If there is a conflict between policy and the contract, which is controlling?
The contract in all circumstances.
An association representative has the right to vigorously act to represent the employee. While acting in that capacity, the rep is on_______ground with management.
equal
If an area rep requests to engage in representational matters during work hours, it _______ be granted unless his/her absence would interfere with efficient operations. If denied an alternative time will be arranged.
shall
An area rep desiring access to a work location must request permission from the _____stating the purpose a_________amount of time prior to the intended visit.
commander/reasonable
A rep must obtain permission from who prior to engaging in Area representation matters during regular work hours?
immediate supervisor
Access to a work location may be denied or delayed to a representative who is requesting to conduct representational business while on duty for reasons including safety, security, work load requirements, or_______.
other legitimate circumstances
What must a rep do prior to posting information on an Area bulletin board?
Rep must date and initial the material and a copy must be given to the commander/designee at the time of the posting.
When can management remove association material from a bulletin board?
If it is libelous, obscene, defamatory, or partisan political in nature.
Removal should occur only after making every reasonable effort to contact the association rep to explain the reason, and ______should be contacted prior to the removal if doubt exists about the propriety of the material posted.
OER
Can employees conduct or participate in employee organization business activities during assigned work hours?
Shall NOT. Employee organization business activities include those activities for which release time is not granted by the Dills Act, the contract, or departmental policy.
Employees “________“or, “own time” are considered to be lunch periods, rest breaks, and time before or after work. Participation in employee organization business_____ however, be restricted during rest breaks due to operational needs.
non-working hours/may
If granted permission may a rep solicit and/or distribute employee organization material at the work location before or after work hours, or during meal periods in non-work areas, True or False?
True
May an association rep use a work phone as long as it does not result in toll charges or with the operation of the office, True or False?
True
An employees’_______has the authority to grant/deny state release time but it must be consistent with policy and the contract.
supervisor
State release time shall be denied for an off-site meeting, True or False?
True
If approved by a supervisor and for the purposes of a grievance/complaint an employee is authorized a reasonable amount of _____time.
state release
What form is completed when submitting for release time a CHP 610 or a CHP 160?
CHP 610
What is the general difference between a grievance and a complaint?
A grievance is a dispute over a contract violation and a complaint is over policy or procedure.
List the levels in a grievance/complaint.
Informal (discussion between employee and immediate supervisor) Level 1 (Area commander), Level 2 (Division commander), Level 3 (Office of the Commissioner), Level 4 (Director of I) last level is Commissioner
Is the information involving complaints/grievances confidential?
YES
What form shall be used to file a grievance or complaint, a CHP 94 or STD 610?
CHP 94
Is it the representative’s responsibility to move forward the grievance/complaint process?
No- the employee’s
Do excluded employees have the right to file a grievance or complaint?
Yes
What is arbitration?
A third-party settlement outside a court of law.
What is a “Sunshine Provision’?
Contract proposal which is presented at public hearings and required as part of the bargaining process.
The Dill Act requires the State and the Employee Organization to “meet and confer”, True or False?
True
Public Employment Relations Board (PERB) is responsible for enforcing______________law.
Collective bargaining
Supervisors are not entitled to any representation, True or False?
False- they are entitled to limited representation
Removal from________pay positions may only be done when there is legitimate cause.
specialty
Prior to removing an employee for cause from that position, approval must be obtained from the appropriate__________, through channels.
commissioner
Does the first line supervisor play the most important role in any successful substance testing program?
Yes
The first-line supervisor is in the best position to asses any changes in an employee’s _______, ________, and/or ________, because they generally have the routine, daily contact with the employee for the purpose of directing and evaluating performance.
job performance, behavior, appearance
When a problem arises, it is the ________’s responsibility to confront the situation and initiate proper action, including substance testing.
supervisor
What four things to need to occur for the substance test to be effective, and less likely to be successfully challenged?
- Reasonable suspicion supported by proper documentation.
- The sample is properly collected.
- The chain of custody is maintained.
- The employee’s rights are not violated.
The state’s substance testing policy requires the involvement of specified_______ in all substance tests as a confirming official before any sample can be collected.
managers
While supervisors and managers have specific roles in the substance testing process, who shall alert a supervisor to indications that another employee is involved in substance abuse?
All Departmental employees
To ensure that all aspects of the program are applied consistently the decision to test must be based on _______and _______.
Facts/evidence
Before any action can be taken against an employee for substance abuse, a sample must be _______collected and analyzed.
properly
Can approval from a confirming official be given over the phone?
Yes it may.
Do you have to maintain chain of custody of the sample?
Absolutely- chain of custody must be established and followed.
When_______ ________exists courts have ruled that the interests of government outweigh the privacy interests of those individuals employed in positions which demand public trust and upon which the public’s health and safety depend.
reasonable suspicion
Does the Fifth Amendment protect an employee from having to take a chemical test?
No-the courts have held that the protections afforded by this constitutional amendment do not apply because the right not to self-incriminate is implicated only by testimonial or communicative evidence.
Does the Fourteenth Amendment guarantee an employee to due process with relation to substance abuse testing?
Yes-it has been the basis for challenges to certain substance testing programs. This protection requires the govt. to ensure procedural and substantive due process when an employee’s constitutional rights are affected.
Since the potential for such liability clearly exists, departmental supervisors must act______and _____ when dealing with employees whom they suspect are abusing alcohol and/or drugs.
quickly/reasonably
Can you have a few drinks when on stand by?
No- CAL HR(DPA) policy prohibits state employees who are on duty or stand by from using, possessing or being under the influence of illegal or unauthorized or mind altering substances including alcohol.
Employees serving in _________positions shall be subject to substance testing when there is reasonable suspicion to believe the employee has violated drug abuse policy.
sensitive
Give some examples of sensitive positions and subject to CAL HR approval who designates the positions within the Department that meet the criteria as being sensitive?
- All peace officers, cadets, auto mechanic, auto tech,CVIS I and II, dispatch supervisor I and II and operator, gunsmith, heavy truck driver, lead auto or motorcycle mechanic, Motor carrier specialist I, II, and III, motor mechanic, school pupil transportation safety coordinator
- Commissioner
All Departmental______shall be advised of the CAL HR substance abuse rules during the initial portion of their__________ training period
cadets/Academy
How long will DPA/CAL HR rules advisement regarding substance abuse testing be retained in an employees personnel file?
Until the employee separates from the department
According to CAL HR/DPA rules which employee is exempt from giving an involuntary drug sample when substance abuse is suspected, cadet, gunsmith, non-sensitive, or school pupil transportation safety coordinator?
non-sensitive
Supervisors who suspect substance abuse by non-sensitive employees are encouraged to establish what?
reasonable suspicion
A supervisor should use the following when establishing reasonable suspicion:
Articulated facts, close observation, and good faith.
Not beliefs.
Reasonable suspicion exists only after_____ _______ has also considered the facts and/or evidence and agrees that they constitute a finding of reasonable suspicion.
confirming official
Reasonable suspicion is typically triggered by something abnormal about the employee’s behavior such as unusual demeanor or appearance, atypical behavior, abnormal work performance or industrial accident. Is bad attitude also considered?
No
If a supervisor is unable to gather articulable facts or evidence to establish reasonable suspicion can a substance abuse test be ordered based on anonymous tip alone?
No
A supervisor might also receive information regarding substance abuse from a reliable informant. CAL HR requires that the informant be a ______ _________ who is willing to publicly testify on behalf of management, should that become necessary.
peace officer
Additionally, _______ also requires that the employee in question be told who the informant is, what they said, and be given an opportunity to respond to this as part of the determination of reasonable suspicion.
CAL HR
True or False, depending on the circumstances information from a reliable informant alone could be the foundation for reasonable suspicion.
True
CAL HR requires that each initial determination made by a supervisor be approved by the Commissioner or the Commissioner’s designee. For the purposes of the Department’s substance testing program, this_______official will be the first designated manager in the supervisor’s chain of command.
confirming
If the supervisor does not collect the sample at the work location, then the urine sample_____be collected by authorized medical or custodial personnel. This individual must be of the same sex and will actually_______the urine leave the employees body.
may/watch
CAL HR rules require the sample collection to occur in a setting which provides for a ______ and _______ collection process. A lab contracted by CAL HR will conduct the analysis and the collection may be conducted at the work location or any approved medical or custodial facility.
secure/professional
From the moment reasonable suspicion is developed until the time the sample is provided the employee should remain under continual supervision, and_____ ____be allowed to go to a car, locker, or desk with out supervision.
should not
Additionally, to secure the best possible sample, the employee_______ ____be allowed to void his or her bladder until the sample is collected.
should not
The purpose of substance testing is to determine current impairment rather than past behavior. Therefore, information about an employee’s actions several weeks earlier alone would not establish________ __________.
reasonable suspicion
If however, this information is coupled with some contemporary behavior or incident (s) involving the employee, _______ _________could be established.
reasonable suspicion
Drug metabolities remain in the system for hours or even days, therefore supervisors should not become overly alarmed if the sample cannot be collected immediately after reasonable suspicion is confirmed. In fact substance testing experts believe the best time to collect a sample is within ___ to ____ hours of the initial observation.
2/4
After the sample has been collected, the command shall make notification to the substance testing coordinator at the Office of_______ ______ within_____hours after the specimen is collected.
Internal Affairs/48
Must a urine specimen be secured in a refrigerated state while waiting to be transported to CAL HR’s designated lab?
No
Employees refusing to cooperate at any stage of the collection process________be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for insubordination.
shall
Supervisors_____use the breathalyzer when only alcohol abuse is suspected.
shall
If a breathalyzer results are ______B.A.C., a urinalysis test should be secured to determine the cause of impairment.
.00/.00
