HPM 11.1 Flashcards
For matters regarding events/transactions, which the uniformed employee perceived/investigated in the course of duty, proper service of a subpoena can only be made by delivery of a copy of the subpoena to the witness ______, or to their immediate superior, or designated agent (California Penal Code section 1328), except as noted below. (1) Exceptions. (a) Department of Motor Vehicles (DMV) subpoenas (see paragraph 4.c.).
(b) State Personnel Board (SPB) subpoenas (see paragraph 4.d.[1]).
(c) Subpoenas issued by the district attorney. It is up to the discretion of the commander to accept service by mail, e-mail, or fax. (HPM 11.1 CH 10-3)
Personally
For criminal cases, the subpoena must be served at least ____ calendar days prior to the hearing date. (HPM 11.1 CH 10-3)
Five
For civil cases, the response is due either __ days after the service, or __ days after issuance of the deposition subpoena, whichever date is later. (HPM 11.1 CH 10-3)
15 / 20
Unavailability of Officer. If the subpoena is for an officer who is not available at the time of service due to vacation, sick leave, military leave, regular days off, or other sufficient reason, and the date of the officer’s return is unknown/uncertain, the immediate superior or designated agent shall refuse to accept service of the subpoena. If known, the date of expected return to duty ______ be given. An employee on administrative time off is not considered unavailable for service. (HPM 11.1 CH 10-3)
Should
Officer on Suspension. While on suspension, an officer is considered a
_____ ________. However, should a process server attempt to serve a
subpoena for an officer on suspension, the immediate superior or designated
agent should refuse to accept service. A commander, at their discretion, may
make arrangements to have another officer testify, seek a postponement, etc.,
as in other situations where the officer is unavailable. (HPM 11.1 CH 10-4)
CHP Employee
Former Employee. Subpoenas are not accepted for former employees.
As a courtesy, if service is attempted by a prosecutorial agency, and the former
employee’s address and/or telephone number is known, the former employee
_______ be contacted by the Area office and made known of the attempt and
who to contact. Addresses and/or telephone numbers are not to be
disclosed. (HPM 11.1 CH 10-4)
Should
Change of Appearance Date. Appearances _______ be made on the date
specified on the subpoena. If noticed by the attorney who issued the
subpoena, other than the district attorney, of a change of the appearance date,
the attorney shall be advised that a new subpoena, reflecting the new date,
must be personally served at the appropriate Area office prior to the new date.
At the discretion of the commander, employees may be placed on an “on-call”
or “standby” basis, but it is not required. (HPM 11.1 CH 10-4)
Shall
Fees in the amount of $_____, together with the subpoena, shall be tendered for each day the uniformed or nonuniformed employee is required to remain in attendance. The service shall be made to allow the witness a reasonable amount of time for preparation and travel to the place of attendance. The $____ fee should not be accepted when the Department is a party (plaintiff or defendant) to the case. (HPM 11.1 CH 10-4)
$275
Employees appearing as criminal/civil witnesses ______ wear the prescribed uniform or appropriate civilian attire. Appropriate civilian attire for men is a business suit, or sport coat with a shirt and tie. Appropriate civilian attire for women is a tailored suit, dress, or coordinated pant and blouse set. Uniformed employees required to wear the uniform while on duty shall wear the prescribed uniform when appearing as witnesses. (HPM 11.1 CH 10-4)
Shall
Employees ______ attend criminal proceedings being prosecuted by the state or any political subdivision thereof, provided service is proper and the attendance is the result of events directly attributable to circumstances involving the discharge of official duties; for example, testimony is sought from an officer who conducted an investigation. (HPM 11.1 CH 10-5)
Shall
The deposition of an employee shall be taken either within ___ miles of the deponent’s residence, or within the county where the action is pending and within ____ miles of the deponent’s residence, unless the court orders otherwise. (HPM 11.1 CH 10-7)
75 / 150
Department of Motor Vehicles Administrative Per Se Hearings. A DMV subpoena may be served by either personal service or first-class mail. Employees required to attend on behalf of the state as material witnesses, shall attend on ____ ______ and at _____ ______. A subpoena for appearance served by a party other than DMV, must be accompanied by a $275 witness fee deposit. (HPM 11.1 CH 10-7)
State Time / State Expense
State Personnel Board Hearings. An employee contesting an adverse action may file an appeal with the SPB. The employee may be represented by an attorney or non-attorney representative. This employee is referred to as the “_________.” (HPM 11.1 CH 10-7)
“Appellant”
Legal Provisions. Some peace officer personnel records are confidential pursuant to California Penal Code section 832.7. Therefore, a discovery motion must usually be served pursuant to California Evidence Code section ______. (HPM 11.1 CH 10-9)
1043
Government Code Sections 53150 through 53158 establish a driver’s maximum liability of $________ for the reimbursement of public agency response costs related to incidents caused by a driver who is under the influence of an alcoholic beverage and/or drug. (HPM 11.1 CH 20-4)
$12,000
The Department will seek to recover DUI
incident-related costs for alcohol or a combination of alcohol and drugs provided all
the following apply:
(1) An arrest was made for a violation of California Vehicle Code (CVC)
Sections 23152, 23153, or a greater offense involving alcohol and/or drugs.
(2) The arrested party was determined by the investigating officer to have
caused _______________________________.
d. In addition to the above criteria, one of the following must also apply to bill upon
arrest:
(1) A supporting evidential (Preliminary Alcohol Screening is insufficient) test
with a Blood Alcohol Concentration (BAC) result of at least .08% or greater
(breath tests must have two readings of at least .08%).
(2) A commercial driver while driving a commercial vehicle has a supporting
evidential test with a BAC result of at least .04% or greater. (HPM 11.1 CH 20-4)
A response to an incident.
Area offices shall develop local procedures to ensure a CHP ____, Incident Response Reimbursement Statement, is prepared for each arrest that meets the cost recovery criteria. The CHP ____ is located on the CHP Intranet site, under Forms. (HPM 11.1 CH 20-4)
735
Completed CHP 735s, based on Section A (refer to Annex A) shall be
submitted to Fiscal Management Section (FMS), Accounts Receivable Unit
(ARU), within _____ business days of one of the following dates:
(a) The date BAC results of .08% or greater are received. (b) The date BAC results of .04% or greater are received for a commercial driver. (HPM 11.1 CH 20-5)
Ten
Completed CHP 735s, based on Section B (refer to Annex B) shall be
submitted to ARU within ten business days of the notification of a conviction of
CVC Sections 23152, 23153, or greater offense as a result of one of the
following:
(a) In the case of a ________.
(b) An arrest for drugs only.
(c) A BAC of less than .08%. (HPM 11.1 CH 20-5)
Refusal
The number of staff hours charged on the CHP 735 must agree with
the appropriate CHP _____, Daily Field Record. Area offices must be able to
verify the hours claimed on the CHP 735 when offenders challenge the
hours billed. If an Area office cannot substantiate the hours billed, the
Department cannot recover incident costs. (HPM 11.1 CH 20-6)
415
The following activities will be included in total staff time billing for which offenders are liable:
(1) Response Time.
(2) On-Scene Investigation.
(3) Follow-up Investigation.
(4) Report Writing.
(5) Vehicle Storage.
(6) Call Back.
(7) Field Sobriety Testing.
(8) Transportation.
(9) _________.
(10) Chemical Testing.
(11) Traffic Control. (HPM 11.1 CH 20-6)
Booking
The California Department of Human Resources (CalHR) authorizes the reimbursement of ______ ________ in accordance with California Code of
Regulations, Title 2, Administration; Division 1, Administrative Personnel; Chapter 3,
Department of Human Resources; Subchapter 1, General Civil Service Rules; Article 2,
Traveling Expenses. (HPM 11.1 CH 2-5)
Travel Expenses
Employees shall include the following applicable documents with the CalATERS Global transmittal page when claiming expenses to demonstrate appropriate approval:
(1) Communications Network message which specifies the traveler’s name
and dates of travel.
(2) Memorandum or e-mail from the appropriate Commissioner or Division
Chief who approves travel for the specified traveler.
(3) ____________________________________.
(4) The CHP 50, Request For Out-Service Training, approved by the
appropriate Commissioner or Division Chief.
(5) Subpoena for court-related travel involving per diem. (HPM 11.1 CH 2-5)
Class roster which specifies the traveler’s name.
Per SAM 4117, employees shall book all travel arrangements (airfare, hotel,
vehicle rental, and rail), with the exception of short-term rentals, through the _______ Travel online reservation system (http://www.caltravelstore.com) or by contacting
CalTravelStore. (HPM 11.1 CH 2-6)
Concur
Per CalHR Rule 599.616, a ____________ shall be established for each employee and shall be defined as the place where an employee spends the largest portion of the employee’s working time, the place to which the employee returns upon completion of a special assignment, or as CalHR may define in special situations. Resident Posts may be considered an employee’s
headquarters, in which case, the headquarters’ address would be the same as the address of the Resident Post. (HPM 11.1 CH 2-7)
Headquarters
Per GC Section 19822.3, employees shall request travel advances using CalATERS Global. If CalATERS Global is unavailable, then employees shall request travel advances using the CHP ____, Travel Advance Request, e-mailed to chptravel@chp.ca.gov. (HPM 11.1 CH 2-8)
CHP 87
Per SAM 8116, employees shall clear their travel advances no later than ____ calendar days after the trip by either submitting expense claims and/or remitting funds to clear the remaining balances. (HPM 11.1 CH 2-8)
10
Employees who do not clear travel advance balances within the required time will not be eligible for subsequent travel advances until the amount owed is cleared. In addition, SAM 8116.1 requires the Department to initiate the collection process for recouping travel advances that have been outstanding in excess of ___ days.
(1) The TSU shall remind, by e-mail, those employees with travel advances
outstanding for ___ or more days to clear their advances immediately.
(2) For those employees neglecting to clear their outstanding travel advances
within 15 calendar days of the e-mail, the TSU shall initiate payroll deductions
for the outstanding travel advance amounts. For those employees with payroll
direct deposit the TSU shall initiate cancelation of their direct deposit. Affected
employees will be responsible for reinstating their direct deposit. (HPM 11.1 CH 2-8)
30 / 30
Supervisors shall monitor their employees’ use of travel advances and ensure that advances are cleared timely. The _________, Employee’s Travel Advances and Claims Log, may be used to record and track travel advances and approved expense claims. (HPM 11.1 CH 2-9)
CHP 459
The DGS administers a state-sponsored charge card for business-related travel expenses only. Employees who travel frequently may apply for the card by submitting an approved _________, Government Card Program Acknowledgement, and a charge card application to the TSU. (HPM 11.1 CH 2-9)
CHP 378
To activate a CalATERS Global account, employees shall submit an approved CHP ____, Activate/Inactivate/Modify CalATERS Access Request, to the TSU. Employees shall also use the CHP 168 to inactivate an account or modify their profile (refer to Annex E). (HPM 11.1 CH 2-10)
CHP 168
Employees shall submit expense claims immediately after travel ends and monthly for miscellaneous reimbursements (e.g., court mileage, overtime meals, transit passes). However, if the amount claimed for any month does not exceed $10.00, employees should hold their expense claims until the total amount being requested exceeds $10.00, or by June __, whichever occurs first.
(1) Per the SAM Travel Guide 700, employees shall submit separate expense
claims for multiple fiscal years. Each fiscal year begins on July 1 and ends on
June ___ of the following year. When travel extends beyond June ___,
employees shall submit separate expense claims for each fiscal year as soon
as travel is completed.
(2) Per the SAM Travel Guide 700, employees shall submit separate expense
claims for in-state travel and out-of-state/country travel. (HPM 11.1 CH 2-11)
30 / 30 / 30
Approver Responsibilities. Prior to approving expense claims, supervisors
shall ensure that all items comply with the rules and policies in this chapter.
Supervisors shall also ensure:
(1) Claimed amounts are consistent with the current rates published on the
CHP Intranet site, Resources, Travel, Travel Policies and Rules.
(2) Exceptions to standard policy are justified in the Notes section of the
expense claim.
(3) Required receipts have been furnished by the employee and accompany
the _________________________________.
(4) The CalATERS Global transmittal page and supporting documentation are
submitted promptly to the TSU for processing. (HPM 11.1 CH 2-11)
CalATERS Global transmittal page.
Per SAM Chapter 700, Travel, employees shall furnish original receipts when claiming reimbursement for lodging, airline tickets, ground transportation, vehicle rentals, rental vehicle refueling, valid excess baggage fees, training expenses, professional dues, licenses and fees, and for any item of
expense of $_____ or more. Stricter requirements apply to the following expenses:
(1) Bridge and road tolls, streetcar, ferry fares, rapid transit system, taxi,
prearranged transportation services, shuttle, or bus fares over $10.00.
(2) Parking fees over $10.00 for each continuous period of parking.
(3) Telephone, fax, or other business charges related to state business over
$5.00. (HPM 11.1 CH 2-12)
$25.00
Per PML 2006-013, employees shall demonstrate a good faith effort to obtain lodging within the authorized maximum state rate. In those rare instances when lodging is unavailable within the maximum state rates, employees shall submit a request to exceed the state rate using the STD. ____, Excess Lodging Rate Request/Approval, to
the appropriate Commissioner at least 10 days in advance of the trip. (HPM 11.1 CH 2-14)
255C
Effective May 11, 2020, employees shall receive reimbursement for tips related to allowable meal expenses in accordance with policy and incurred while conducting approved state business. The maximum allowable reimbursement amount for a tip is $2.00 or ___ percent of the meal, whichever amount is greater. (HPM 11.1 CH 2-16)
20
Per CalHR 599.633, commanders may approve up to a maximum
of _____ days sick leave, as necessary, for employees while traveling on state
business. The _____-day time limitation for payment of meals and/or lodging while
on sick leave may be extended in unusual cases when either the employee is
unable to travel or when it is more economical for the state to maintain the employee on sick leave and travel status in order to complete the assignment. Exceptions shall not be considered when the employee is confined to a hospital and hospital costs are covered by insurance. Expenses other than hospital costs may be considered. (HPM 11.1 CH 2-16)
Three / Three
Arrangements. Per SAM 4117, employees shall book airline reservations using Concur or CalTravelStore. Use of any other reservation provider (e.g., Expedia, Travelocity, and Priceline) is strictly prohibited. Use of Concur or CalTravelStore to book personal travel is strictly prohibited. Employees should not book airfare tickets more than ___ _____ in advance from the first day of the trip. (HPM 11.1 CH 2-19)
30 days
Rental Vehicle Requirements. With prior approval from the appropriate
Division Chief or Commissioner, employees may use a rental vehicle when
automobile travel is essential and a _____ _______ is not available. (HPM 11.1 CH 2-20)
State Vehicle
Supervisors shall verify that employees have a current STD. ______, Authorization
to Use Privately Owned Vehicles on State Business, on file before approving
expense claims for mileage. (HPM 11.1 CH 2-23)
STD 261
Per the individual MOUs, when employees are authorized to use their privately owned vehicle on state business, the employees may claim mileage reimbursement up to the Federal Standard Mileage Rate (FSMR) for the applicable tax year. The rate reflects the cost of liability insurance, gasoline, maintenance, license and registration, depreciation, and all other costs associated with the operation of the vehicle. The FSMR usually changes in _________ each year. Refer to the CHP Intranet site, Resources, Travel, Travel Policies and Rules, for the current rate. (HPM 11.1 CH 2-23)
January
For required court appearances when a state vehicle is not available, employees may claim use of their privately owned vehicle. When possible, the Department ______ make a state vehicle available when employees have no privately owned vehicle available or choose not to use their privately owned vehicle. (HPM 11.1 CH 2-25)
Shall
Per CalHR Rule 599.626, privately owned motorcycles or motor-driven cycles are not authorized as a means of transportation in the conduct of official state business. Therefore, employees _____ not be reimbursed for mileage expenses for privately owned motorcycles. (HPM 11.1 CH 2-25)
Shall
The Department will reimburse all eligible Bargaining Unit (BU) 12 and 13 employees as an allowance towards purchasing work footwear. The work footwear purchases shall be consistent with the employee’s classification, departmental policy, and BU MOU. Fiscal Management Section, TSU will be responsible for maintaining the timeline for employee eligibility based on their last reimbursement date, and total amount reimbursed. (1) The work footwear allowance will be reimbursed within 30 days of submitting a completed claim; employees must submit a receipt with their claim
prior to receiving their reimbursement. Employees may not submit more than
_____ receipt per year. Employees shall not be reimbursed for footwear
accessories such as insoles, shoe laces, etc. (HPM 11.1 CH 2-31)
One
Employees whose residences are ___ miles or more from the Academy shall be housed at the Academy, when available, or shall obtain off-site lodging. When claiming off-site lodging, employees shall submit documents that indicate Academy lodging was unavailable. (HPM 11.1 CH 2-31)
50
Employees may claim one round-trip to their residence for every _____ weeks of training, or as authorized by the Assistant Commissioner, Staff (ACS), at any time during the ______-week period. Employees attending the First-Line Supervisors’ Academy may claim one round-trip to their residence during the training, even if their training commences in the middle of the first week. Employees shall include with the
CalATERS Global transmittal page a copy of ACS authorization, if required. (HPM 11.1 CH 2-32)
Three / Three
Fringe Benefit/Employee Business Expenses (FB/EBE) are considered taxable
benefits to the employees by the Internal Revenue Service. Fiscal Management
Section, TSU, is responsible for reporting the FB/EBEs to SCO. Appropriate taxes
on the FB/EBEs will be deducted from the employee’s regular payroll warrant. The
following items represent reportable, taxable income:
(1) Court and call-back mileage.
(2) ______ _______.
(3) Lodging and per diem less than 50 miles from headquarters and
residence.
(4) Meals during travel of less than 24 hours.
(5) Travel advances outstanding over 120 days. (HPM 11.1 CH 2-35)
Overtime Meals
Per CCR Section 599.714.1, whenever permanent employees are required by any appointing power (the Commissioner) due to a change in assignment, promotion or other reason related to their duties, to change their place of residence, such employees ______ receive reimbursement of actual and necessary moving and relocation expenses incurred both before and after and by reason of such change of residence, subject to the provisions and limitations of this chapter. (HPM 11.1 CH 3-4)
Shall
Per CCR, Title 2, Section 599.714.1, moving and relocation expenses for any nonpromotional and voluntary transfer which is primarily for the benefit of the employee ______ not be paid. (HPM 11.1 CH 3-5)
Shall
Prior to incurring any moving and relocation expenses, employees shall obtain approval from their new commander using the CHP _____, Employee Relocation Information (HPM 11.1 CH 3-6)
CHP 711
Per CCR, Title 2, Section 599.722, employees who are required to change their place of residence and qualify for moving and relocation reimbursement may claim up to ___ days of per diem allowances, and only for days when the employees are actively searching for a new residence at their new headquarters. Partial days shall count as full days for the purpose of computing the ___-day period such as meals claimed only with no lodging. (HPM 11.1 CH 3-6)
60 / 60
Per CCR, Title 2, Section 599.722, an extension of up to ___ calendar days may be granted by the Commissioner when it has been determined, in advance, that the change of residence is delayed as a result of unusual and unavoidable circumstances that are beyond the control of the employee. (1) Employees shall request an extension to the 60-day relocation period using the STD. ____, Moving/Relocation Expense Approval Request. (HPM 11.1 CH 3-7)
30 / STD 256
Termination of Relocation Subsistence Allowance. Per CCR, Title 2, Section
599.721, eligibility of reimbursement shall discontinue when any of the following
occur:
(1) The employee moves into quarters other than a hotel, motel, or similar
transient housing and has utility services, other than telephone, established in
employee’s name.
(2) The employee has any portion of the employee’s household goods moved
into a new residence.
(3) The 60-day per diem allowances have been claimed.
(4) ____________________________________.
(5) The employee terminates an active search for a new residence with no
intention to relocate. (HPM 11.1 CH 3-8)
The employee commutes with no intention to relocate.
Employees shall request reimbursement of relocation expenses on a monthly basis using the CHP ____, not through the CalATERS system. Prior to approving relocation per diem allowance claims, the new commander is responsible for determining that their employee has been searching for a new residence within the vicinity of the new headquarters. (HPM 11.1 CH 3-9)
CHP 262
