HPM 9.1 Chapters 13-14

Question 1

1. What three groups of employees form the Management Relations Program and are excluded from collective bargaining by the Ralph C. Dills Act?

Answer 1

Managers, supervisors and confidential employees 13-3, 1

Question 2

2. Compensation, benefits, and terms and condition of employment governing employee relations for the three categories of employees who are excluded from collective bargaining is the responsivity of the ___________ ____________ __ ___________ _____________.

Answer 2

California Department of Human Resources 13-3, 2

Question 3

3. The __________ __ _____________ ____________, under the direction of the Commissioner, is designated as the departmental authority for the administration of the Management Relations Program of the California Highway Patrol.

Answer 3

Office of Employee Relations 13-3, 3

Question 4

4. The scope of employee organizations representation for supervisory employees includes all matters relating to employment conditions and supervisory employer/employee relations encompassing ________, _______, and other terms and conditions of employment.

Answer 4

wages, hours 13-3, 4b

Question 5

5. _____ and _______ as is it pertains to meetings with employee organizations representing supervisory employees differs significantly for negotiations with represented employees in that there is no requirement to reach agreement on proposals.

Answer 5

Meet, confer 13-4, 4c

Question 6

6. ____ and ________ for confidential employees are determined by CalHR and have historically been aligned with the entitlements of their related bargaining unit and with certain enhancements granted to supervisory employees.

Answer 6

Pay, benefits 13-4, 5

Question 7

7. Managers have no representational rights under the Dills Act because this employee group has significant responsibilities for formulating ________ or ____________ __________.

Answer 7

policy, administering programs 13-4, 6

Question 8

8. _____ and __________ for other excluded employees are also determined by CalHR.

Answer 8

Pay, benefits 13-4, 7

Question 9

9. In the 1982 case ________ _________ vs. County of Sacramento, the California Supreme Court ruled that the Public Safety Officer’s Procedural Bill of Rights Act affords a peace officer, who is reassigned to a lower paying position based on alleged deficient performance, a right to administrative appeal.

Answer 9

Robert White 14-3, 1 & 2b

Question 10

10. Cause is defined as an __________ __________ an employee cannot continue to perform in the specialty pay assignment safely and/or effectively.

Answer 10

articulable reason 14-3, 3a

Question 11

11. What four special duty assignments receive specialty pay?

Answer 11

a. Motorcycle assignments
b. Pilot or flight office positions
c. Bilingual positions
d. Investigator position (not Applicant Investigators and Special Duty)

Question 12

12. Approval for removal from a specialty pay position must be made by the appropriate ___________ _____________.

Answer 12

Assistant Commissioner 14-4, 4a

Question 13

13. If the removal from a specialty pay position is not a result of an __________ __________, the commander shall provide documentation to the employee advising them of the specific reason(s) for the removal and the effective date of the action.

Answer 13

adverse action 14-4, 4b

Question 14

14. When removing an employee from a specialty pay position as part of an adverse action, there must be an _____________ _____________ between the adverse action and the removal.

Answer 14

established relationship 14-4, 4c

Question 15

15. The affected employee’s actions leading up to the removal, including those attempts to ___________ the ____________ _______________, must be documented and made available for a possible appeal process.

Answer 15

correct, deficient performance 14-4, 5

Question 16

16. Pending the completion of the Specialty Pay Removal File, the commander should reassign the affected employee without loss of _____________ _____.

Answer 16

specialty pay 14-5, 6a(1)

Question 17

17. In all incidents where there is an established nexus between an adverse action and a resulting loss of specialty pay, the removal ____ __ __________ with the adverse action.

Answer 17

will be processed 14-6, 7a

Question 18

18. In instances where there is no adverse action, a complete report of the investigation leading up to the removal (Specialty Pay Removal File) _____ be prepared.

Answer 18

shall 14-6, 7b

Question 19

19. What are the eight elements that should be included in the investigative file?

Answer 19

a. Notice of Removal
b. Table of Contents
c. Copy of Preliminary Memorandum of Removal
d. Chronological Summary
e. Subject/Witness Summary
f. Physical Evidence
g. Interrogation/Interview Records
h. Exhibits
14-6, 7c

Question 20

20. The exhibits are the most important part of the file since they provide the documentation necessary to support the removal. What are two categories of contents recommended to be included as exhibits?

Answer 20

a. Documents gathered during the investigation. This includes statements, memorandums, transcripts, performance reports, incident reports, maps, photographs, diagrams, etc.

b. Copies of relevant departmental policy and/or Area/Division Standard Operating Procedures.
14-7, 7c(8)

Question 21

21. Upon the employee’s request, their copy of the investigation file ________ include a copy of any tape recordings and/or transcripts made of the employee’s interrogation/interview.

Answer 21

should, 14-7, 8b

Question 22

22. Represented employees removed for cause from a specialty pay position without adverse action ____ file an appeal utilizing the grievance procedure contained in the appropriate contract.

Answer 22

may 14-7, 9a

Question 23

23. Excluded employees removed for cause without an adverse action ____ file an appeal utilizing the grievance and appeal procedure for excluded employees set forth in policy.

Answer 23

may 14-7, 9b

Question 24

24. Employees who have been removed for cause and served with an adverse action may file a written appeal to the _______ ___________ _________ pursuant to policy contained in the Internal Investigations Manual.

Answer 24

State Personnel Board 14-7, 9c

Question 25

25. Removal as a result of an operational necessity, such as reduction or elimination of motorcycle or aircraft, __ ____ appealable.

Answer 25

is not, 14-8, 9d