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