HPM 11.1 Administrative Procedure Manual Flashcards
Fiscal Year.
A 12-month accounting period starting on July 1 and continuing through June 30.
__________ shall have the authority to approve in-state travel and related expenses for their employees
Division chiefs
___________ shall have the authority to approve in-state travel and related expenses for employees assigned to the Executive Offices and for subordinate Division chiefs
the appropriate Commissioner
_________ shall have the authority to approve out-of-state travel.
The Deputy Commissioner
Employees _____ book all travel arrangements (airfare, hotel, vehicle rental, and rail), with the exception of ___________, through the Concur Travel online reservation system.
shall
short-term rentals
Define Headquarters
Headquarters 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 (NOTE: Assigned Area office). 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.
Where the major portion of an employee’s working time is spent within a specifically assigned or limited geographical area, such as a patrol area or beat, where the same routes are traveled frequently and routinely on one-day trips, per diem expenses will / will not be allowed at any location within 50 miles from any point of this assigned area as determined by the normal commute distance?
Will not
Per diem expense consists of?
lodging, meals, and incidental expenses incurred while on travel status.
Employees shall not request advances when the estimated expenses are less than ___.
$25
Employees shall submit their request for a travel advance at least ________ days prior to the first day of travel but no earlier than ________ prior to the first day of travel.
two business
two weeks
Employees shall / shall not be issued more than one travel advance at a time unless extenuating circumstances exist.
Shall not
Supervisors shall monitor their employees’ use of travel advances and ensure that advances are cleared no later than ______?
10 calendar days after the trip
Employees shall submit expense claims immediately after travel ends and monthly. However, if the amount claimed for any month does not exceed_____, employees should hold their expense claims until the total amount being requested exceeds _____, or by ______, whichever occurs first.
$10
$10
June 30
Per diem shall not be allowed at any location within _____ of an employee’s headquarters or primary dwelling. If an unavoidable hardship is created by the _______ limitation, exceptions may be granted by the appropriate Commissioner.
50 miles
50-mile
Employees shall book lodging reservations using Concur, CalTravelStore, or a short-term rental service, such as Airbnb. Use of any other reservation provider is ____?
, such as Expedia, Travelocity, and Priceline, is strictly prohibited.
Employees on approved travel status for less than 24 hours may claim lodging expenses with a valid receipt. Employees shall not claim _____ or _______ on travel of less than 24 hours.
lunch
incidentals
Travel less than 24 hours, Employees may claim breakfast?
When trips begin at or before 0600 hours and end at or after 0900 hours
Travel less than 24 hours, Employees may claim dinner?
When trips begin at or before 1600 hours and end at or after 1900 hours.
Short-Term travel allowance is_____?
Short-term allowance applies to travel of less than 24 hours, up to and including 30 days.
Long-Term travel allowance is_____?
Long-term allowance applies to travel extending 31 days or longer.
Travel More Than 24 Hours – First Day of Travel. When a trip is over 24 hours, but less than 31 consecutive days, employees may claim breakfast, lunch, and dinner on the first day of travel as follows:
a. When a trip begins at or before 0600 hours, employees may claim breakfast.
b. When a trip begins at or before 1100 hours, employees may claim lunch.
c. When a trip begins at or before 1700 hours, employees may claim dinner.
Travel More Than 24 Hours – Last Fractional Day of Travel. When a trip duration exceeds 24 hours, but less than 31 consecutive days, employees may claim breakfast, lunch, and dinner on the last fractional day of travel as follows
a. When a trip ends at or after 0800 hours, employees may claim breakfast.
b. When a trip ends at or after 1400 hours, employees may claim lunch.
c. When a trip ends at or after 1900 hours, employees may claim dinner.
Commanders may approve up to a maximum of _______ sick leave, as necessary, for employees while traveling on state business. The_______ time limitation for payment of meals and/or lodging while on sick leave may be extended in unusual cases.
three days
three-day
True or False:
Approval may be granted for reimbursement of meals and/or lodging within 50 miles of an employee’s home or headquarters when the employee is conducting state business away from the headquarters location.
True
Represented employees may claim overtime meals when the employees are required to work the total number of hours in their regular shift and at least ____ a regularly scheduled workday and cannot be expected to return home for a meal.
two hours immediately before or after
Supervisors shall determine the method of _____ that is in the best interest of the state, considering both direct expense as well as the employees’ time.
transportation
Privately owned vehicle mileage is not considered per diem and may be allowed within 50 miles of the employee’s headquarters or primary dwelling. Supervisors shall verify that employees have a current ________, on file before approving expense claims for mileage.
STD. 261, Authorization To Use Privately Owned Vehicles On State Business
When a trip is commenced or terminated at the employee’s home, employee shall compute the distance traveled from either their headquarters or home, whichever is the Greater / Lesser distance
Lesser
For required court appearances when a state vehicle is not available, employees ____ claim use of their privately owned vehicle. When possible, the Department _____ make a state vehicle available when employees have not privately owned vehicle available or choose not to use their privately owned vehicle.
may
shall
When any portion of a court appearance and/or travel time falls within the regular work shift on a regular work day, employees may claim only ______?
the mileage which is in excess of an employee’s regular commute distance.
When employees travel on a regular day off or completely outside the regular work shift, the employees may claim ________?
mileage from home to court and back home.
Privately owned motorcycles or motor driven cycles are not authorized as a means of transportation in the conduct of official state business
Sorry Tutthill
What two things are required for a witness fee deposite?
Deposit Amount. Witness fees in the amount of $275.00 must be deposited with the appropriate field command for each employee’s appearance.
Acceptance. Witness fees must be submitted with the subpoena. A client’s personal check shall not be accepted.
How shall collections be stored?
Prior to transmittal, collections shall be retained in an envelope or a locked box which is then stored in a locked desk, file cabinet, or other device providing comparable safekeeping.
Effective February 1, 2018, commands shall no longer collect an advance deposit for reimbursable service contracts, on either the CHP 78R, Reimbursable Services Contract Request, or the CHP 465, Reimbursable Letter of Agreement, with the following exception: _______?
Commands shall also continue to collect a______?
This change is part of the transition from California State Accounting and Reporting Systems (CALSTARS) to the __________?
Commands shall continue to collect advance deposits on CHP 465’s for Motion Picture/Film events.
$275 deposit for each civil subpoena received.
Financial Information System for California (FI$SCal).
Victim Compensation and Government Claims Board (VCGCB). All claims in excess of ______ must be filed with the VCGCB. Claims must be filed within _____ of the date of the alleged incidents.
$1,000
six months
When an individual claims to have suffered a loss of $1,000 and under they shall be provided with a _____? Field supervisors are encouraged to ________?
CHP 287, Claims of $1,000 or Less
carry these forms with them to expedite the process.
Upon receipt of any Constitutionalist documents by an Area office or the involved employee, the Area shall immediately _______?
contact CMU
Constitutionalist Actions Filed Against Departmental Employees.
The original documents received, including the envelope if the documents were mailed, shall be _______?
Copies of all documents received shall be _______?
immediately forwarded to CMU.
retained in the Area office.
True or false:
Subpoenas are to be accepted for former employees. Addresses and/or telephone numbers are to be disclosed to the process server.
False
not
not
The immediate superior or designated agent shall refuse to accept service of the subpoena when _______?
If the subpoena is for an officer who is not available at the time of service because of absence due to vacation, leave of absence, military leave, regular days off, or other sufficient reason, such fact shall be made known to the process server.
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 of process
For Officers that have transferred to a different area, only subpoenas from the ________ will be accepted?
District Attorney
Area commanders shall request subpoenas, issued by the district attorney, for transferred officers to be served at ______?
the Area office at which the arrest occurred
After the subpoena has been accepted for a transfered officer, the following action shall be taken:
1) Determine if another officer was present who could testify in place of the transferred officer. If so, obtain concurrence from the district attorney.
2) Determine if the nature of the case (violation, evidence, etc.) warrants the appearance of the transferred officer. If not, consult with the district attorney to discuss what other strategies may be employed.
3) If the transferred officer is considered necessary to the case, the officer’s current Area of assignment shall be immediately notified of the forthcoming subpoena. The subpoena, along with copies of all applicable reports, etc., shall be forwarded to the officer’s current Area of assignment as expeditiously as possible. It shall then become the responsibility of the officer’s home Area to determine the current status of the case immediately prior to dispatching the officer to court.
The Public Records Act (PRA) applies to ______?
all records in the Department’s possession however obtained or created.
What information about an employee is available for review under the PRA?
Employee information including name, work location, classification, assignment, gross salary rate, dates of employment, time base, rehire information, and training received at state expense
What information about an arrest is available for review under the PRA?
Public information from the arrest log includes the name, date of birth, gender, and criminal charges. Home addresses of arrestees can be released with the filings of a CHP 190A, Request for Addresses of Arrestees, in each Area office. Only business addresses of peace officers arrested shall be placed on the log.
NOTE: Any request of the Department provided on a CHP 190A may be submitted at any point in the year, but shall be renewed in January of the following year.
(b) Arrest logs shall contain only one week’s worth of arrests; any requests made for future arrest logs will not accepted.
What commercial records are available through the PRA?
Commercial inspection records (commercial carriers, school buses, etc.).
5Carrier Information Reporting and Evaluation Systems (CIRES).
Hazardous Material Spill After Action Reports (except injury and medical information pertaining to departmental employees or other individuals shall be redacted prior to public disclosure).
What communication records are available through the PRA?
Communications center records, except for personal and confidential information.
More information available through the PRA
Labor contracts between the state and state employees.
8) Statewide Integrated Traffic Records System (SWITRS) reports.
9) Public information from CHP 555, Traffic Collision Report, is releasable
under the PRA. Release of complete CHP 555s is governed by California
Vehicle Code Section 20012. Refer to General Order 110.2, Release of
Collision Information, for policy and procedures on the release of collision
reports.
10) Public information from CHP 202 and CHP 216.
11) Mobile Video/Audio Recording Systems (MVARS) footage
What the exemptions to the PRA?
Exemptions are found in Government Code 6254, including:
1) Preliminary notes, etc., not maintained in the course of business
2) Records pertaining to pending litigation.
3) Personnel and medical records.
4) Investigations conducted by law enforcement if disclosure would endanger the safety of witness or successful completion of investigation. Analysis and conclusions of the investigating officer are NOT required to be disclosed.
5) Juvenile Records unless ordered by juvenile court or suspect is 14 years or older and taken into custody for a serious felony (release name and offense only).
6) Names/addresses/statements of confidential informants.
7) Name of victim of sexual crime/domestic violence UNLESS victim or parental guardian grants permission.
What is a CHP 370/ CHP 370S?
The Department requires the CHP 370/ CHP 370S, Public Records Act Requests, posters be displayed in every Area
office, in public view, in both English and Spanish
A member of the public can make a PRA request in _____?
Written requests can include: _____?
Only _____ records in the Department’s possession would be responsive to a PRA request
writing, over the telephone, or in person.
letters, e-mail, and fax.
existing
If a PRA request is made, an employee of the Department shall complete a _______?
This is to be filled out by the employee, and shall not be filled out by the requester.
The request can be made at ______ and is not required to be submitted solely to the office which is _______ the requested information.
CHP 370C, Public Records Act Requests. (Refer to Annex F.)
any public California Highway Patrol (CHP) office
currently maintaining
Requests for arrest logs only do not require prior approval from the Office of _____ and will be handled by the local Area office which maintains those records.
NOTE: If the request is for an arrest log in addition to other records, process the arrest log request separately from the request for other records. Complete a CHP 370C for the arrest log request, then complete a ______ for the additional records requested.
Risk Management, Risk Management Unit (RMU),
separate CHP 370C
How many days to do have to respond to a PRA?
Calculate 10 calendar days from the date the request is received. The date after the request is received is day 1. If day 10 is on a weekend or holiday, use the next business day. The office responsible for the processing of the PRA request shall send the Department’s written response to the requester no later than the close of business on the 10th day. The “date received” shall be the day that the request is received by any departmental employee.
In certain unusual circumstances, if additional time is needed to gather and produce the responsive documents, GC Section 6253(c) allows an agency to extend the response time frame by an additional______?
14 days past the statutory 10 days. An extension letter shall be sent within the statutory 10-day time frame and serve as an interim response.
Where do PRA requests get loged?
Log the PRA request in the CHP 520, Area Public Records Act
Request Log (refer to Annex H).
If, while searching for, and identifying responsive records there is a specific question regarding the release of a particular record or certain information
contained within a record, who should be contacted?
contact RMU (risk management unit).
If assistance is requested, RMU will notify the Area prior to the expiration of the 10-day period with their recommendation. The Area should process the request pursuant to that recommendation. The Area
will log the date that the response and/or records are delivered to the requester on the CHP 520. The CHP 370C form and RMU’s response shall be retained in Area files for _______, per the records retention
schedule.
3 years
The Area processing the PRA request shall provide the Department’s written response to the requester within the statutory _____ response time frame. The written response will serve as the Department’s
determination, and should let the requester know if responsive records have been identified and whether or not the Department will be providing copies of responsive records. If exempt records are withheld in their entirety, or if certain exempt information is redacted, then the written response should cite the legal basis on which exempt information is being
withheld.
10-day
Occasionally, PRA requests are sent by members of the public directly to RMU. The RMU will review these requests and will either ________ or ______ for handling
process the request
forward the request to the appropriate Area office or OPI
True or False:
The Department is obligated under the PRA to create or construct a new electric record in order to satisfy a PRA request?
False.
Requesters may ask responsive records be provided in electronic format. If responsive records are maintained by the Department in electronic format, then the records shall be provided in electronic format, upon request. However, the Department is not obligated under the PRA to create or construct a new electronic record in order to satisfy a PRA request.
If the requester asks that records be provided in electronic format, then the documents shall be delivered to the requester via ______ or ______. After gathering the records and identifying any nonpublic information, make the necessary redactions with the appropriate software to ensure no privileged information is released
e-mail or electronic media (CD or DVD)
When a request requires redaction of the original, the Area office shall make the necessary redactions. If there is a question about releasing certain information, RMU is available to review Area-made redactions before responsive records are provided. For special cases, RMU may make the necessary redactions for an Area.
RMU will review and approve all redactions and will advise the Area how to proceed if a request asks for ____?
If a request asks for a fatal report, is being made by the media regarding a high-profile incident, is a
non-media request related to a high-profile incident, is related to litigation involving the Department, or involves other unusual circumstances,
The Area shall inform the Office of Community Outreach and Media Relations (COMR) when a PRA request is received from a ______ or _____?
Areas should contact COMR for guidance with drafting responses, if needed.
member of the media involving any potentially sensitive or controversial subject, or any PRA request from a major regional news outlet or wire service.
Subject to reasonable notice (to be determined by the Area receiving the request), public records shall be made available for inspection during ______ at the office where the records are maintained.
There is no associated fee if a member of the public only wishes to inspect records.
NOTE: Inspection of records shall be made only in the presence of ________ to prevent records from being destroyed, mutilated, defaced, altered, photographed, or copied.
regular business hours
departmental personnel
If a requester is provided requested documents or the Area is unable to provide requested documentation, a ______, shall be completed, and a copy retained along with the ______ at the Area office.
CHP 247A, Provided Records – Public Records Act Request (refer to Annex G)
CHP 370C
True or False:
Individuals may request, pay for, and pick up copies of Motor Carrier Safety Compliance Reports from any Division office regardless of where the reports are maintained.
True
Commands shall complete and maintain the CHP 520, Area Public Records Act Request Log, and forward the form on a _____ to the appropriate field Division office. Division offices shall forward copies of their commands’ CHP 520 logs to RMU on a _______?
quarterly basis
quarterly basis
What are the requirements to withhold public information?
The PRA requires justification for withholding any record by demonstrating the record is specifically exempt under provisions of the PRA or, based on the facts of the particular case, the public interest served by withholding the record clearly outweighs the public
interest served by disclosure.
Law enforcement investigative reports may be released to other agencies when the information is necessary to perform a ______ or _______, or _____ purposes.
constitutional or statutory duty
for licensing, certification
regulatory
Individuals arrested, the subject, should be referred to the ______ or ______?
district attorney’s office or city attorney’s office
If the district attorney’s office or city attorney’s office has refused to provide the arrestee with a copy of an arrest / investigative report, a copy will be provided upon proof of ________ and _________?
identity and payment of a fee of 10 cents per page.
Labor Code allows a law enforcement agency to request from or provide to another law enforcement agency, a copy of an arrest report pertaining to the arrest of a peace officer employee prior to ______?
conviction
True or False:
Labor Code allows law enforcement agencies to provide copies of arrest reports pertaining to employees who are not peace officers to the employing agency prior to conviction.
False
Labor Code prohibits law enforcement agencies from providing copies of arrest reports pertaining to employees who are not peace officers to the employing agency prior to conviction.
Normally, juvenile arrest information is confidential and can only be disclosed pursuant to an order of the juvenile court. However, only the subject’s _____ and ____ by a juvenile _______ or older taken into custody for a serious felony, as defined in Penal Code Section 1192.7(c), are subject to disclosure under the PRA
name and offense(s) allegedly committed
14 years
As a CLETS user you are able to share criminal history information with persons outside of the department?
Designated employees of the Department have access to criminal history information from the California Department of Justice (DOJ) through California Law Enforcement Telecommunications System (CLETS). This information shall be accessed for official purposes only. Disclosure outside the Department shall be limited to release to other law enforcement agencies for official purposes only.
Running out your friend to determine if they are valid is acceptable as long as you only share license status?
Designated employees of the Department have access to vehicle registration and driver record information from the Department of Motor Vehicles (DMV) through CLETS. This information shall be accessed for official purposes only. Disclosure outside this Department shall be limited to release to other law enforcement agencies for official purposes only.
Requests for records made via subpoenas and informal discovery are processed _____ (same / differently) than PRA requests.
differently
Subpoenas and informal discovery requests are not subject to the provisions of the PRA. If a request is not made via subpoena or informal discovery, then it should be processed as a PRA request, regardless of who the requester is.
The Department is not required to disclose a video or audio recording created during the commission or investigation of the crime of ____, _____, ____, ____, _____, ____, ____. If this exemption is used to withhold a recording, the withholding must be justified by demonstrating that the public interest served by not disclosing the recording clearly outweighs the public interest served by disclosing the recording.
rape, incest, sexual assault, domestic violence, or child abuse that depicts the face, intimate body part, or voice of the victim.
The Government Code allows the victim who is the subject of the recording, the parent or guardian of a minor subject, a deceased subject’s next of kin, or a subject’s legally authorized designee to ____ the recording and obtain a ____. Disclosure under this subdivision does not require the recording to be made available to the public.
inspect
copy
Health and Safety Code ____ (allows / prohibits) seizing agencies from putting any seized or forfeited property into service?
PROHIBITS
Therefore, any property seized by the Department or allied agencies and awarded to the Department through the State Asset Forfeiture Program (SAFP) shall be sold.
True or False:
When the department receives funds from an asset forfeiture, the funds will be counted toward the following years budget?
False
Asset forfeiture funds awarded to law enforcement agencies are to increase or supplement the resources of the receiving law enforcement agency. Asset forfeiture funds cannot be used to supplant or replace the receiving law enforcement agency’s budget.
A driver’s maximum liability 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 is?
$12,000
It is the policy of this Department that all commands shall use the _____ DUI cost recovery process?
centralized
Although permitted to do so by Penal Code provisions, the Department will not attempt to recover DUI incident response costs through the probation process. Additionally, the Department will not attempt to recover DUI response costs when assisting an allied agency during an incident covered by the law.
Cost Recovery Criteria?
1)
2)
In addition to the above criteria, one of the following must apply to bill upon arrest?
1)
or
2)
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 a response to an incident.
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%).
A commercial driver while driving a commercial vehicle has a supporting evidential test with a BAC result of at least .04% or greater.
A conviction for CVC Sections 23152, 23153, or greater offense is required when one of the following applies to recover DUI costs
1)
2)
3)
1) A BAC test returns under .08%.
2) A chemical test is positive for drugs only.
3) There is no supporting BAC test or drug test (e.g., a refusal).
If a case must wait until conviction to meet the DUI Cost Recovery Program criteria:
-It is considered a conviction in this program when a case results in a plea of ______?
- It is not considered a conviction in this program when a case is ______?
nolo contendre (no contest) to the original arrest charges of CVC Sections 23152, 23153, or greater offense involving alcohol and/or drugs.
plea bargained to a lesser offense.
Area offices _____(may / should/ shall) develop local procedures to ensure a CHP 735, Incident Response Reimbursement Statement, is prepared for each arrest that meets the cost recovery criteria
Shall
Completed CHP 735s, based on Section A (refer to Annex A) shall be forwarded to Fiscal Management Section (FMS), Accounts Receivable Unit ARU), within _______ 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.
ten business days
Completed CHP 735s, based on Section B (refer to Annex B) shall be forwarded to ARU within ______ 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 refusal.
b. An arrest for drugs only.
c. A BAC of less than .08%.
ten business days
As of June 2024, the billable per hour amount is?
$175
Classification Level-Law Enforcement Sensitive. Examples:
1) Criminal Identification and investigation reports
2) Internal intelligence information.
3) Operation Plans.
Classification Level-Confidential
Any material that contains information which is exempt by statute, regulation, or court ruling from public disclosure.
Examples:
1) Arrest Reports
2) Applicant Investigations
3) Citizen Complaints
4)Designee forms
5) Censurable incident reports
6) Medical Reports
7) Performance and evaluation reports
8) Internal investigations
9)Adverse actions
10) Misc. investigations
11) Reinstatement request/denials
12) Rejections during probation
13) Grievance/discrimination complaints
14) Items specifically designated by authorized command levels
Classification Level-Sensitive
Items not identified under “confidential” that contain personal identification information of employees or citizens such as Social Security Numbers, personal telephone numbers, or home addresses shall be considered “sensitive” materials.
Classification Level-Secret
Information that requires a substantial degree of protection and that could reasonably be expected to cause serious damage to national security, citizens/personnel, or the Department.
Classification Level- Top Secret
Information that requires the highest degree of protection and that could reasonably be expected to cause exceptionally grave damage to the national security, citizens/personnel, or the Department.
Information Practices Act Application. The IPA applies to any information maintained that identifies or describes an individual (by name, social security number, physical description, home address, home telephone number, education, financial matters, and/or medical or employment history) or a corporation, partnership or association, including attributed statements, from any file maintained by the Department by an identifying particular (most commonly by name).
Who can access this informaiton?
Every individual, whether an employee or not, has the right to inquire about and be notified as to whether the Department maintains a record about them.
What is the process to access/ inspect copies of Information Practices Act (IPA) records?
Requests by individuals for inspection or copies of records shall be in writing and shall be addressed to the office where the records are located or, if unknown, to the Special Counsel.
What are the exemptions to the Information Practices Act (IPA)?
Pursuant to Civil Code Section 1798.40, certain types of information can be withheld from the individual to whom it pertains. Examples of such information include, but are not limited to; criminal offender information (the requesting individual shall be referred to the Department of Justice); driver license or registration information (the requesting individual shall be referred to the Department of Motor Vehicles); arrest/criminal investigation material compiled for the purpose of investigating suspected criminal activities; and background investigation material compiled for the purpose of determining eligibility, suitability, or qualifications for public employment, advancement, promotion, (renewal of) appointment, promotion, or licensure, so long as the material is withheld only so as not to compromise the investigation or a related investigation (for such background investigations), the identities of sources of information may be withheld from disclosure.
