HPM 9.1 Flashcards

1
Q

Managers and supervisors are responsible for seeing that the employee relations policies of the California Highway Patrol (CHP) are properly ___________.
HPM 9.1 1-3 (2,b,3)

A

administered

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2
Q

The provisions of the contracts cannot be changed, except by mutual agreement between the ________ and the __________ _____________(s); however, as a matter of operational necessity, other changes affecting working conditions may occur at any or all levels of command within the Department.
HPM 9.1 1-5 (4)

A

the employer and the exclusive representative

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3
Q

The 1970s brought increasing employee demands for an expansion of their role in determining terms and conditions of employment. After several years of effort, the California State Employees Association (CSEA) sponsored the introduction of SB 839, the State Employer-Employee Relations Act (SEERA), by Senator Ralph C. ____.
HPM 9.1 2-3 (1,a)

A

Dills

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4
Q

The _____ Act is a series of Government Code Sections which govern collective bargaining for represented employees of the State of California.
HPM 9.1 2-4 (1,f,1)

A

Dills

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5
Q

Under this statute, ___________ employees have the right to be represented regarding all matters related to employment conditions and supervisory employer-employee relations.
HPM 9.1 2-4 (3,b)

A

supervisory

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6
Q

“Represented employee” means an employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act. Another name for represented employee is ___ ____ ____ employee (Annex B).
HPM 9.1 2-5 (4,a)

A

rank-and file

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7
Q

___________ employees are not entitled to bargaining units, exclusive representation, contracts, or the right to file an unfair labor practice charge.
HPM 9.1 2-5 (C,1)

A

Supervisory

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8
Q

Managerial and supervisory employees are responsible for ___________ sound, positive employee relations practices in their work units and ensuring that departmental policies, procedures, and the terms of the negotiated contracts are administered properly and consistently.
HPM 9.1 2-5 (3,a)

A

developing

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9
Q

Because management’s interpretations of the contracts are often tested through the grievance procedure, it is important that the supervisor ___________ understand the rights of management and also those imparted to the employee and/or the exclusive representative.
HPM 9.1 3-7 (4,c)

A

thoroughly

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10
Q

Bargaining Unit __ – Highway Patrol (California Association of Highway Patrolmen). Officer, California Highway Patrol (CHP) and Cadet, CHP.
HPM 9.1 4-3 (C,4)

A

5

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11
Q

When departmental policy conflicts with a contract, the provisions of the contract _____ prevail.
HPM 9.1 5-3 (1)

A

shall

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12
Q

State vehicles _____ not be used for transportation by employees or employee organization representatives while participating in representational or employee organization business.
HPM 9.1 5-5 (7,a)

A

shall

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13
Q

State time which shall only be utilized for ________________ purposes as permitted by the contract and/or departmental policy. The use of state release time is subject to the operational ability of the Department to release the employee.
HPM 9.1 6-1 (2,a)

A

representational

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14
Q

Subject to management’s approval, a reasonable number of representatives, who are employees of the state, will be allowed a ___________ amount of state release time to attend meet-and-confer sessions with management.
HPM 9.1 6-3 (3,a)

A

resonable

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15
Q

An employee has the right to secure the assistance of a representative of their ___ ___________ in preparing and presenting a grievance or complaint. Assistance by the employee’s representative may be provided at the informal stage and all levels of appeal of the grievance or complaint procedure.
HPM 9.1 6-6 (5,b,1)

A

own choosing

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16
Q

Normally, up to a maximum of ____ hours may be authorized to prepare and present a grievance/complaint at the informal level and each formal appeal level in the grievance and appeal procedures. This time may be limited or extended only with management’s approval dependent upon the complexity of the issue.
HPM 9.1 6-7 (5,b,2)

A

four

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17
Q

To utilize time from the contributory bank, an authorized employee must provide reasonable advance notice of their request to the supervisor. If approved, the employee shall complete a CHP ___, Representation Reporting
HPM 9.1 6-8 (6,c,2)

A

610

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18
Q

________ Level. This level requires an informal discussion between the immediate supervisor and grievant/complainant and/or their representative.
HPM 9.1 7-4 (3,a,1)

A

Informal

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19
Q

The first step to initiate the grievance/complaint procedure is an ________ _________ between the employee and the employee’s immediate supervisor.
HPM 9.1 7-5 (4,a)

A

informal discussion

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20
Q

A grievance or complaint should be filed on either a CHP __, Employee Grievance/Complaint; (Annex A); a STD 630, Employee Contract Grievance; or
union equivalent.
HPM 9.1 7-9 (6,a)

A

94

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21
Q

Grievance/complaint records are to be physically located apart from field folders and field subject folders. Grievance/complaint files _____ be placed in a separate confidential classification entitled “Grievances/Complaints,” and labeled “Active” or “Inactive.”
HPM 9.1 7-12 (10,b)

A

shall

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22
Q

1) “Grievance.” An excluded employee grievance is a dispute of one or more
employees involving the __________ or ______________ of a statute, regulation, policy, or practice which falls under the jurisdiction of California Department of Human Resources (CalHR).
HPM 9.1, 8-3

A

1) Application or Interpretation

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23
Q

2) All employees have the right to ________________ during the grievance process. Managers and supervisors should remember this when
processing and investigating grievances.
HPM 9.1, 8-3

A

confidentiality

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24
Q

3) Extensions. Time limits may be extended to a specified date by _______
agreement of both parties. Extensions shall be confirmed in writing and attached to
the grievance and/or response (Annex G of Chapter 7, Guidelines for
Grievance/Complaint Handling, of this manual).
HPM 9.1, 8-4

A

mutual

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25
Q

4) Conference. At any step of the grievance procedure, the commander or
designee may determine it desirable to hold a grievance conference. If a grievance conference is scheduled, the grievant and their representative, if an employee of this Department, may attend without loss of ____________.
HPM 9.1, 8-4

A

compensation

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26
Q

5) Informal Discussion. The employee or the employee’s representative shall
discuss the grievance with their immediate supervisor. This discussion must occur within ___ work days of the event(s) or circumstance(s) causing the grievance.
HPM 9.1, 8-4

A

10

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27
Q

6) Informal Discussion. Within ____ work days, the immediate supervisor shall render their decision either verbally or in writing. This must be accomplished before a formal grievance can be filed.
HPM 9.1, 8-4

A

5

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28
Q

7) Appeal Format. (1) A formal grievance shall be initiated in writing on a CHP ___, Employee Grievance/Complaint, and shall be filed with a designated supervisor or manager identified by the appointing power as the first level of appeal.
HPM 9.1, 8-4

A

CHP 94

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29
Q

8) Normally, the levels of appeal for an excluded employee grievance are
___________ _________ (Level 1), division commander (Level 2), Office of the
Commissioner (Level 3), and the Director of CalHR (Level 4). In those cases
where the excluded employee’s immediate supervisor is also the
Area/section/Division commander, the formal grievance shall initially be filed at
the next higher level.
HPM 9.1, 8-4

A

Area/section commander

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30
Q

Formal Grievance - Level 1.
(1) If an informal grievance is not resolved to the satisfaction of the grievant, a
formal grievance may be filed no later than:
(a) ___ work days after the event or circumstances occasioning the
grievance, or
(b) Within ____ work days of the decision rendered in the informal
grievance procedure, whichever is later.

(2) Within ___ work days after receipt of the formal grievance, the person
designated by the Department head as the first level of appeal shall respond in
writing to the grievance.
HPM 9.1, 8-4&5

A

10
5
10

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31
Q

Formal Grievance - Level 2.
(1) If the grievant is not satisfied with the decision rendered at Level 1, the
grievant may appeal the decision within ___ work days after receipt of the
response to the person designated by the Department head as the second level
of appeal. If the appointing authority or designee is the first level of appeal, the
grievant may bypass Level 2.
(2) Within ______ work days after receipt of the appealed grievance, the
person designated by the Department head as the second level of appeal shall
respond in writing to the grievance.
HPM 9.1, 8-5

A

10
15

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32
Q

Formal Grievance - Level 3.
(1) If the grievant is not satisfied with the decision rendered at Level 2, the
grievant may appeal the decision within ___ work days to the Department head
or designee. If the appointing authority or designee is the second level of
appeal, the grievant may bypass Level 3.
(2) Within ____ work days after receipt of the appealed grievance, the
person designated by the Department head as the third level of appeal shall
respond in writing to the grievance.
HPM 9.1, 8-5

A

10
15

33
Q

Formal Grievance - Level 4.
(1) If the grievant is not satisfied with the decision rendered at Level 3, the
grievant may appeal the decision within ____ work days to the Director of CalHR
or their designee. This is the final step of the excluded employee appeal
procedure.
(2) Within ____ work days, the Director of CalHR or their designee shall
respond in writing to the grievance.
HPM 9.1, 8-5

A

10
20

34
Q

Policy Issues. If an excluded employee’s immediate commander cannot act
upon a grievance because the issue involves departmental policy, it shall be
discussed with the employee before further action is taken. If the grievance cannot be resolved by discussion, the commander shall respond by indicating the issue involves departmental policy and cannot be resolved at their level. The employee is then responsible for __________ the grievance to the next level. Commanders are not to forward grievances to the next level on the employee’s behalf.
HPM 9.1, 8-5

A

Appealing

35
Q

Withdrawal. A grievant may withdraw a grievance at any time; however, they _____ ___ file a subsequent grievance on the same alleged incident or
issue.
HPM 9.1, 8-6

A

Shall not

36
Q

Waiver of Steps. The parties may mutually agree to waive any step of the grievance procedure. All waiver agreements should be committed to ________ and acknowledged by the parties.
HPM 9.1, 8-6

A

writing

37
Q

Failure to Specify Violation. Failure of an excluded employee to cite the expressed statute, regulation, policy, or practice violated shall be cause for _________ of the grievance.
HPM 9.1, 8-6

A

denial

38
Q

Reprisal. No one shall use, or threaten to use, any official authority or influence in any manner which would __________ the use of the grievance
procedure by excluded employees. Employees using the grievance procedure shall not suffer reprisal for exercising this right.
HPM 9.1, 8-6

A

discourage

39
Q

Reprisal Grievances. Grievances alleging reprisal shall be processed in accordance with these procedures, with the following exception. When the
written grievance is initially filed, the employee shall also forward a copy of the
grievance to the _______ level of appeal.
HPM 9.1, 8-6

A

second

40
Q

Response-Reprisal Grievances. (a) Failure of the grievant to comply with the time limits of this grievance procedure shall render the grievance ____ and _____.
(b) Failure of the Department to respond in a timely manner shall permit the grievance to be filed at the next level.
HPM 9.1, 8-6

A

null and void

41
Q

Arbitration is an extension of collective bargaining as practiced in the United States. The purpose of collective bargaining, in part, is the resolution of differences between employers and employees over the terms and conditions of
employment. Arbitration is a third-party settlement of disputes between groups or individuals outside a court of law. What are the two types of arbitration:
________ ______________ and __________/_____________ Arbitration.
HPM 9.1, 9-3

A

interest arbitration
Grievance/Rights arbitration

42
Q

Arbitration is used most commonly to settle disputes between parties of a contract as to its application or interpretation.
HPM 9.1, 9-3

A

Application or interpretation

43
Q

Arbitration is an extension of collective bargaining as practiced in the United States. The purpose of collective bargaining, in part, is the __________ __ ___________ between employers and employees over the terms and conditions of
employment.
HPM 9.1, 9-3

A

resolution of differences

44
Q

After the question of representation has been settled, the main problem remaining in employee relations is the ______________ of the contracts. A contract furnishes only a framework of employment conditions.
HPM 9.1, 9-4

A

Interpretation

45
Q

Most collective bargaining contracts have established grievance procedures. These procedures normally involve meetings between exclusive representatives and management officials at successively higher levels. In these meetings, the parties themselves attempt to resolve the dispute through _____________ of issues and facts. If these discussions ultimately fail, they turn to third-party intervention. Thus, when internal efforts have not worked, outside help or arbitration is utilized to settle a dispute.
HPM 9.1, 9-4

A

Clarification

46
Q

Arbitration. This process results in a decision which the parties agree in advance to accept. When an arbitrator makes a final determination, it is ________
upon both parties. The ruling of the arbitrator is usually called an award. The award includes an evaluation of the evidence, a summary of the case, and a written final ruling.
HPM 9.1, 9-4

A

Binding

47
Q

THE ARBITATION HEARING-Submission Agreement. Before the arbitrator can hear the case, they must be given the authority to do so. Normally, the contract states the arbitrator’s authority. In the absence of such a statement, the parties must enter into a __________ _________ that puts the issues before the arbitrator.
HPM 9.1, 9-6

A

Submission agreement

48
Q

Grievances should be _______ whenever reasonably possible to avoid the cost and uncertainty of arbitration. An adverse decision by an arbitrator can affect the way the Department conducts its business from that point on.
HPM 9.1, 9-7

A

Settled

49
Q

CHANGES IN WORKING CONDITIONS DURING NEGOTIATIONS -
DEPARTMENTAL NOTICE REQUIREMENTS.
a. Prohibition Against Unilateral Changes. Once the state employer and the exclusive representatives of state employees begin negotiating new contracts, state law provides that while these negotiations continue, existing practices that fall within the scope of these negotiations (i.e., most existing personnel or employment rules, regulations or policies) _______ be unilaterally changed by the employer. Disputes over the interpretation or application of existing personnel or employment rules, regulations or policies should be resolved through existing grievance procedures. The Office of Employee Relations (OER) will advise all commanders when the negotiation process begins.
HPM 9.1, 10-3

A

Cannot

50
Q

Procedure for Making Changes. If there is a legitimate and urgent business necessity to make a change in any matter within the scope of negotiations (i.e.,
wages, hours and other terms and conditions of employment), OER shall be contacted. _______ notice of the proposed change will then be provided to the
exclusive representative(s) of affected employees.
HPM 9.1, 10-3

A

Written

51
Q

SUNSHINE PROVISION.
a. Public Disclosure Requirement. The _____ __ _____ ___ contains a
public disclosure clause that requires all initial bargaining proposals and counterproposals be “sunshined,” or presented at public hearings and made public record. Pursuant to this section of the Dills Act, the public is afforded the opportunity to comment on all initial proposals and counterproposals made by
exclusive representatives and management.
HPM 9.1, 10-4

A

Ralph C. Dills Act (Dills act)

52
Q

Restrictions on Negotiations. Actual negotiations on these proposals may not take place for seven days after their disclosure. Subsequent new proposals on “any substantive subject” which have not been presented at a “sunshine meeting” must be placed in the public record within __ _____ after they are presented during negotiations. HPM 9.1, 10-4

A

48 hours

53
Q

Management Proposals. Input from departmental managers and supervisors is essential when preparing for negotiations. Managers and supervisors are in the best position to know the problems which are occurring in administering the contracts. The CHP ____, Management Proposal form, available on I: Forms, was
developed for managers and supervisors to submit recommendations for
changes/additions/deletions to the contracts.
HPM 9.1, 10-4

A

CHP 605

54
Q

The Ralph C. Dills Act. Management’s actions toward employee organizations
Stem from the Ralph C. Dills Act (Dills Act) which governs state employer/employee labor relations. Under the Dills Act and the negotiated memorandums of understanding with the state bargaining units, management, and employee organizations are required to “____ and ______ in ____ _____” on management actions affecting wages, hours, and other conditions of employment.
HPM 9.1, 11-3

A

meet and confer in good faith

55
Q

Notice to Employee Organizations - Emergency. In cases of emergency when the Department determines that a law, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the administrative officials, or their delegated representatives as may be properly designated by law shall provide such notice and opportunity to meet-and-confer in good faith at the ________ practical time following the adoption of such law, rule, resolution, or regulation.
HPM 9.1, 11-3

A

earliest

56
Q

Contract Provisions. The state employer and the exclusive representatives of state employees have agreed upon contracts which cover the terms and conditions
of state employment; and as such, the contracts and their intent must be adhered HPM 9.1 11-4 to. The provisions of the contracts cannot be changed, except by ______ _________ between the employer and the exclusive representatives.
However, as a matter of operational necessity, changes affecting working conditions may occur at any or all levels of command within the Department, if such changes are consistent and in accordance with the existing contracts.
HPM 9.1, 11-3 & 11-4

A

Mutual agreement

57
Q

WHEN IT IS NECESSARY TO MEET-AND-CONFER.
a. All Represented Employees. Changes due to the method of scheduling ______ and ____ ___, amendments to Standard Operating Procedures, overtime sign-up revisions, logistical changes, or modifications to administrative processes that
involve represented departmental employees are all examples of when a commander should meet-and-confer with the area representatives(s).
HPM 9.1, 11-4

A

Shifts and days off

58
Q

Unlike Bargaining Unit 5 employees, a local job steward for the nonuniformed bargaining units is not always located at each command and does not routinely have the authority to meet-and-confer on behalf of their union. That authority rests with a specified _____ ________ ______________. A meet-and-confer for the nonuniformed bargaining units is conducted between the union business representative and either the Area commander or OER. HPM 9.1, 11-4

A

Union business representative

59
Q

Bargaining Unit 5 Employees. In addition to the examples listed previously, specific to Bargaining Unit 5, a commander is obligated to meet-and-confer with a
California Association of Highway Patrolmen (CAHP) representative over the findings of a citizen’s complaint investigation or regarding any comment on
performance documents (i.e., CHP 100s, Officer’s Evaluation/Activity Summary form, Memorandums of Direction, Correction or Findings, Censurable Incident Report), IF REQUESTED. This provision has been memorialized as the ________ _______ __________ process. Annual evaluations (CHP 118s, performance Appraisal) are excluded from this process. The purpose of such a meeting is to resolve disputes through an informal process at the lowest possible level.
This type of “meet and confer” involves a CAHP representative and the Area/Section/Division commander only. The officer involved may or may not
participate at the commander’s discretion.
HPM 9.1, 11-4

A

Informal dispute resolution

60
Q

Area/Section/Division Commanders: Prior to the effective date of the change in work conditions, except in emergency situations, a memorandum identifying the proposed change, the affected employees, and the planned implementation date _____ be given to the designated employee representative, or their alternate.
HPM 9.1, 11-5

A

Shall

61
Q

The union ___ request a meet-and-confer to discuss the impact of the pending change in working conditions.
HPM 9.1, 11-5

A

May

62
Q

Comments, suggestions, and recommendations discussed during a meet-and-confer _____ be thoroughly evaluated by the commander and given appropriate consideration in the decision-making process.
HPM 9.1, 11-5

A

Shall

63
Q

Departmental Changes. When a Department-wide change, within
existing policy, is proposed, written notice shall be given to the exclusive representative(s) by the commander of OER; and will be discussed with the appropriate representative, if requested. This will be done prior to implementation, except in _________ __________.
HPM 9.1, 11-8

A

Emergency situations

64
Q

Unfair practices are those _______ or __________ by the employer or exclusive representatives which violate the rights guaranteed by the Ralph C. Dills Act
(Dills Act). HPM 9.1, 12-3

A

Actions or inactions

65
Q

Under the Dills Act, it shall be unlawful for the state employer to:
(1) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with,
restrain, or coerce employees because of their exercise of rights guaranteed
by the Dills Act.
(2) Deny to exclusive representatives rights guaranteed to them by the Dills
Act.
(3) Refuse or fail to ____-and-______ in good faith with an exclusive
representative.
(4) Dominate or interfere with the formation or administration of any employee
organization, or contribute financial or other support to it, or in any way
encourage employees to join any organization in preference to another.
(5) Refuse to participate in good faith in the mediation procedure set forth in
Government Code (GC) Section 3518.
HPM 9.1, 12-3

A

Meet-and-confer

66
Q

______ __________ _________ _____ (PERB) is the state agency responsible for enforcing the collective bargaining law covering employees in state civil service.
HPM 9.1, 12-3

A

Public Employment Relations Board

67
Q

Allegation of an Unfair Practice. The state or the employee organization begins the process by filing initial allegations of an unfair practice with the PERB.
The case is screened by a PERB regional attorney who conducts an investigation to determine if a prima facie case is present. For one to exist, this means the evidence, if true, is __________ to support the charge.
HPM 9.1, 12-4

A

Sufficient

68
Q

Managers and supervisors must guard against committing unfair _____ _________ and, at the same time, continue to exercise normal control and discipline at the workplace.
HPM 9.1, 12-5

A

Labor practices

69
Q

MANAGEMENT RELATIONS PROGRAM. The state’s Management Relations
Program encompasses three separate groups of employees—managers, ___________, and confidential employees—who comprise the Department’s management team.
HPM 9.1, 13-3

A

Supervisors

70
Q

REMOVAL FOR CAUSE FROM SPECIALTY PAY POSITIONS
GENERAL. There are times when it is necessary and appropriate to remove an employee from a particular assignment. Some assignments have specialty pays
attached to them. When the removal involves one of these specialty pay positions, it cannot be made arbitrarily but must be done only when there is legitimate cause to take such action. This restriction is the result of the 1982 ______ _____ vs. County of Sacramento case which was ultimately heard by the California Supreme Court.
HPM 9.1, 14-3

A

Robert White

71
Q

Not all special assignments have a specialty pay attached. For
example, applicant investigators and Area special duty officers are not afforded additional pay for their duties. Other positions do, however, have a skill or specialty
pay attached. The assignments which warrant this additional pay are determined through negotiations. Specialty pay is defined as a premium pay which is paid on a monthly, rather than a daily basis. Currently, only the following are considered
specialty pay positions except:
(1) Motorcycle assignments.
(2) Pilot or flight officer positions.
(3) Bilingual positions.
(4) Investigator positions.
(5) Background investigator
HPM 9.1, 14-4

A

(5) Background investigator

72
Q

SPECIALTY PAY REMOVAL PROCEDURES.
a. Approval. Prior to removing an employee for cause from any specialty pay position, approval must be obtained from the appropriate _________ ____________,
through channels.
HPM 9.1, 14-4

A

Assistant Commissioner

73
Q

SPECIALTY PAY REMOVAL PROCEDURES.
For Cause. If the removal from a specialty pay position is not a result of an adverse action, the commander _____ provide documentation to the employee
advising them of the specific reason(s) for the removal and the effective date of the
action.
HPM 9.1, 14-4

A

Shall

74
Q

SPECIALTY PAY REMOVAL PROCEDURES.
Adverse Action. When removing an employee from a specialty pay position as part of an adverse action, prior approval of the appropriate _________ ____________ is also required. The request for removal should be incorporated into the adverse
action package as a part of the penalty. Under these circumstances, it is not
necessary to prepare a separate specialty pay removal file. In addition, there must be an established relationship between the adverse action and the removal.
(1) Example of Established Relationship. An on-duty officer operating a departmental motorcycle in a reckless manner could be removed from their
motorcycle assignment and served with an adverse action.
HPM 9.1, 14-4

A

Assistant Commissioner

75
Q

DOCUMENTATION. As indicated in the White decision, an employee removed from a specialty pay position is entitled to an administrative hearing if desired.
Upon such an appeal, the employee will attempt to demonstrate that the action
taken by the Department was inappropriate and the specialty pay position should be restored. For this reason, management must be prepared to defend its decision
to remove the employee. Therefore, actions leading up to the removal, including
those attempts to correct the deficient performance, must be __________ for
possible future use.
HPM 9.1, 14-5

A

Documented`

76
Q

SPECIALTY PAY REMOVAL APPEAL.
Represented Employees. Represented employees removed for cause from a specialty pay position without an adverse action may file an appeal utilizing the
_________ _________ contained in the appropriate contract.
HPM 9.1, 14-7

A

Grievance procedure

77
Q

SPECIALTY PAY REMOVAL APPEAL.
Adverse Action. Employees who have been removed for cause and served with an adverse action may file a written appeal to the _____ _________ _____ pursuant to HPM 10.2, Internal Investigations Manual, Chapter 9, Predisciplinary
Hearing, Leave Credits, and Appeals.
HPM 9.1, 14-7

A

State Personnel Board

78
Q

SPECIALTY PAY REMOVAL APPEAL.
Removal Due to Operational Necessity. Removal as a result of an operational necessity, such as a reduction or elimination of motorcycles or aircraft, is ___ _________.
HPM 9.1, 14-8

A

Not Appealable