HPM's Flashcards
Sgt test
1
Q
How long is the FTEP program?
A
11 weeks of training divided into 4 phases.
2
Q
How are the FTEP phased broken up?
A
There is a 5 day orientation period (limbo).
Then three 15 day phases with 1 limbo day each.
Phase four has 5 days with no limbo.
55 total days of training, including 8 limbo.
3
Q
Is every Area required to have an FTEP Coordinator?
A
Each Area with trainees shall have one FTEP Coordinator. An Area with over two trainees shall have an alternate Coordinator as well.
4
Q
Are FTEP Coordinators required to complete the FTEP course?
A
Yes, as well as a field supervisor/admin/coordinator course prior to assignment.
5
Q
What sergeants should not be assigned as an FTEP Coordinator?
A
Probationary sergeants.
6
Q
What should the FTEP orientation period cover?
A
Firearms, impact weapons, arrest and control training.
7
Q
How many days are trainees allowed to miss during FTEP?
A
No more than two during each phase without the phase being extended by the same number of days, beyond two, they missed.
8
Q
How many extensions are allowed in FTEP?
A
Two, 10 day extensions may be given, but can be ended early if needed.
9
Q
Who approves FTEP extensions?
A
The commander approves the first, and Division concurrence is need for the second.
10
Q
How long are trainees required to sit with dispatch?
A
One 4 hour sit along.
11
Q
How are FTEP critique forms handled?
A
Coordinators SHALL establish a confidential file. They are NOT to be put into personnel folders. Retained for one year from successful completion of the program.
12
Q
How often are FTEP Coordinators required to ride along?
A
Shall go on at least 1 phase three ride along.
13
Q
What is required to be an FTO?
A
Post certificate, 1 year patrol time, FTO course, and supervisors recommendation. Must take an update course every 3 years.
14
Q
What are the three avenues of separation for a trainee?
A
AA, rejection during probation, or resignation.
15
Q
How should a trainee resignation be handled?
A
It must be voluntary. They should be encouraged to seek outside advice and given 48 hours to make a decision.
16
Q
How often are managers required to conduct trainee interviews?
A
Once during the first, and again during the third phase.
17
Q
What code gives authority for rejection during probation?
A
19173 of the Government Code.
18
Q
Who does the POBR apply to?
A
All peace officers. The dept extends it to all employees, except cadets.
19
Q
How are internal investigations started?
A
By the commander with Division concurrence.
20
Q
What are the four outcomes of an internal investigation?
A
Adverse action.
Rejection during probation.
Miscellaneous investigation.
Non-punitive termination.
21
Q
What are six types of adverse actions?
A
FSSDID: Formal written reprimand Salary reduction Suspension Dismissal Involuntary transfer Demotion
22
Q
All off duty investigations must have a nexus to the department. What does this include for uniformed members?
A
All criminal acts.
Identifying self for leniency.
Getting a suspended DL.
23
Q
All off duty investigations must have a nexus to the department. What does this include for NON-uniformed members?
A
Only felonies and crimes of moral turpitude.
24
Q
All administrative interrogations (should/shall) be recorded?
A
SHALL.
25
What SHALL be included in all MOD's that are counseling or remedial in nature?
Bazemore. Your conduct on this occasion [these occasions] was unacceptable and will not be
tolerated by this Department. If you engage in similar misconduct in the future, the
Department may take adverse action against you based on the incident[s] cited in
this documentation, as well as any future incidents.
26
If adverse action is taken, is a form 2 also issued?
It SHALL not be issued.
27
Who approves a leave of absence?
The Area commander.
28
When the department is conducting a criminal investigation on an employee, is Miranda required?
Miranda SHALL be given.
29
Who's approval is required for removal from specialty pay?
Appreciate Assistant Commissioner
30
What are the four types of counseling?
Informal, Formal, Corrective Documentation, Adverse Action.
31
What is Informal Counseling?
Routine business, no rep allowed. Should be documented on a CHP 112.
32
What is Formal Counseling?
Routine discussion, not subject to grievance process and no rep allowed. Main difference from informal is that employee gets some form of documentation.
33
What is Corrective Documentation?
Next step in progressive discipline and can include: 100 form comment, MOC, MOD, or Form 2.
34
What constitutes an Adverse Action?
If employee doesn't respond to corrective action, a request for adverse action should be initiated.
35
Does a censurable form 2 require the Bazemore admonition?
No, it SHALL not contain the admonition.
36
What rank SHALL the primary investigator be for internal investigations?
At least one rank higher than highest involved employee.
37
How long until internal investigations are due to OIA?
60 days from the date an Area becomes aware of misconduct.
38
What comes first, criminal or administrative interrogations?
Criminal, if performed, SHALL be conducted prior to administrative interrogations.
39
Are arrest reports or records included with administrative investigations for uniformed? Non-uniformed?
Yes for uniformed. For non-uniformed they cannot be included unless they have been convicted.
40
Are employees required to participate in civil rights investigations?
It is their choice. If done on state time, a supervisor SHALL be present and SHALL record interview.
41
For Civil Rights Investigation, what SHALL employee be told upon notification and again at conclusion of interrogation/interview?
Shall be given a direct order not to discuss the interrogation with anyone other than their chain of command or rep.
42
Who is the dept required to notify when employee is put on a leave of absence?
CAL HR. If leave of absence exceeds 30 days, CAL HR approval is required.
43
What is the time constraint when an employee is put on a leave of absence, without pay, by the dept?
The investigation must be completed, reviewed, and the employee must be served notice of AA within 15 days.
44
Where does the original notice of leave go to?
The employee.
45
Who must approve a peace officer power removal?
The Area commander.
46
In what order must an admin investigation be completed?
In chronological order.
47
What happens to an incomplete investigation if found to be "miscellaneous" or the employee leaves the dept?
It SHALL be completed.
48
Who must give approval for a lie detector test?
The Office of Commissioner. Employees SHALL not be compelled to submit, nor can a refusal be mentioned or held against them.
49
What happens if evidence in an admin investigation needs to be repaired or destroyed?
The commander SHALL ensure the rep and employee are notified first, via memo, giving them reasonable time prior to examine the evidence.
50
How long SHALL admin investigation evidence be stored?
A minimum of 5 years (from date started or life of file, whichever is longer)
51
What code gives authority to search employees state owned locker?
3309 GC.
52
What is required for a search of employees state owned locker?
The employees presence, consent, a search warrant, or when notified a search will be conducted. In most cases, personal containers may not be searched without a warrant.
53
Can administrative interrogations be used in a criminal case?
Admin interrogations are compelled statements and cannot be used to support a criminal case.
54
All statements from dept employees who are interviewed as witnesses during internal investigations should/shall be recorded.
SHALL baby!!!
55
What if non-dept employee witnesses object to recording statements?
Then it SHALL be summarized in a memo.
56
When can investigators surreptitiously record, monitor, or eavesdrop on dept employees?
Only in a criminal investigation, with prior approval from OIA. Does not include MVARS.
57
Can video recordings of admin interrogations be made?
SHALL not unless previously approved by Office of the Commissioner.
58
What documentation is required for all interviews and/or admin interrogations?
SHALL be summarized on a memo or transcribed.
59
What documentation is required for all dismissal cases?
SHALL be transcribed in its entirety. The investigator is responsible for ensuring the accuracy of transcripts.
60
When are statements of primary witnesses to be transcribed?
For potentially serious cases.
61
What is the difference between a CHP form 8 and 8a?
CHP form 8 = Admin Interrogation
| CHP form 8a = Criminal Interrogation
62
Do employees have the right to bring a recorder to an admin interrogation?
Yes.
63
Can an employee be interrogated multiple times?
Should be avoided. If necessary, the employee SHALL be given a copy of the recordings of all previous admin interrogations, as well as transcripts. (Not immediately prior)
64
How much time is reasonable to inform employee of admin interrogation?
24 hours.
65
When can a rep question the employee in an admin interrogation to clarify facts, statements, or suggest others who have knowledge of them?
At the end of the interrogation.
66
Does marital privilege apply to two employees in an admin interrogation?
No.
67
What are closing documents for an admin interrogation?
Censurable form 2, MOD, MOF
68
Who is the final author for all admin investigations?
The Commissioner.
69
What level review is required for a recommendation of AA with a penalty of 1-5 day suspension or equivalent monthly step reduction?
Division review level.
70
What level review is required for a recommendation of 6-20 day suspension, and removal from specialty pay?
A.C. Field review level.
71
What level review is required for a recommendation of Dismissal, demotion, 21 plus suspension, rejection during probation, or non-punitive termination?
Commissioner or deputy commissioner review level.
72
What is the time limit on the effective date of an AA?
No less than 25 days after the date of service.
73
How are suspensions calculated?
On 8 hour days.
74
What is the maximum days of suspension?
42 days. Anything longer SHALL be coordinated by OIA and Commissioner.
75
When SHALL the notice of an AA, rejection during probation, or non-punitive action be served?
A.S.A.P. and within 30 calendar days of the notice being approved by the office of the commissioner.
76
How SHALL the notice of an AA, rejection during probation, or non-punitive action be served?
Personally, whenever possible. Should be made by disinterested person.
77
What is the retention on an admin investigation?
SHALL be destroyed 5 years from the day employee is served with notice.
78
What is the retention on a formal written reprimand?
It SHALL be removed from the file after 3 years from date of served.
79
When may facts from an AA be released?
For non-uniformed, after service is made with the employee and filed with SPB. For uniformed, they are confidential.
80
Can an employee resign, retire, or separate prior to the effective date of an AA?
Of course, silly.
81
True/False: Probationary employees have the same re-Disciplinary Hearing rights as permanent employees.
True dat. It may be necessary to extend an employee's probation period for 5 days to allow time for the PDH.
82
When does a Pre-Diciplinary Hearing period start?
The day after notice is served at 1700 hours, 10 working days for uniformed and 5 working days for non.
83
How many extra days are allowed if the PDH is served by mail?
5 calendar days in state, and 10 out of state.
84
How many calendar days given if employee responds to PDH verbally?
7.
85
How many calendar days given if employee responds to PDH by mail?
14.
86
What if employee is not satisfied with PDH?
The CAHP may submit for a request to arbitration. Unit 5 and unrep may file an additional appeal within 14 days of the PDH decision to OIA.
87
Can uniformed employees request to use leave credits to satisfy a suspension?
Yes, following approval. They must waive all rights to appeal, and it must be requested during the PDH.
88
How much leave time can uniformed use to satisfy a suspension?
5 days or less: May use entire time.
| 6 days or more: May only use up to one half time.
89
When nay employees file appeal of AA with SPB?
No later than 30 days after effective date.
90
What happens to the file if an employee separates from the CHP during an admin investigation.
SHALL be converted to miscellaneous investigation. Shall include a memo stating if the employee returns the case will request an AA.
91
What happens if an employee disability retires during an internal investigation?
They are considered temporarily separated. If an AA has been initiated, the investigation shall be completed and the employee shall be served with notice of AA.
92
How many hours can a retired annuitant work?
960 hours per year.
93
How long are job vacancies advertised?
Shall be advertised for 10 working days and are valid for 120 days after posted.
94
What shall be done with an applicant who discloses illegal drug use within a 2 year period of applying?
Shall be disqualified.
95
What shall be done with an applicant to a sensitive position who admits to any illegal use of hard drugs within a 5 year period?
They should be viewed as a concern.
96
Is a state employee from another department required to do a drug test?
Yes, either applying for a sensitive or non-sensitive class position. Only a current CHP employee who has already completed a drug test and not had a break in service wouldn't require a test.
97
What are the protected groups?
Age, Ancestry, Color, Disability, Gender (Identity & Expression), Genetic, Marital, Medical, Military, Origin, Political, Race, Religion, Retaliation, Sex, Orientation.
98
How long are notes and applications held for non-hires?
2 years. Unless they complain, then for the life of the applicant.
99
How long does a former uniformed employee have to apply for a reinstatement?
Within 3 years.
100
Who does the rehiring of former uniformed?
Only the Commish!
101
How far can employees drive a car home? Commanders?
Non-commanders: 50 miles
| Commanders: 70 miles
102
What kind of notice is required to mandatory transfer an employee?
60 day written notice. This can be waived by an employee.
103
Who can administer the oath of allegiance?
Sergeants and above or non-uniformed commanders or their designee.
104
How many working days are required in a pay period to be considered complete?
11 working days.
105
How many hours in a 6 month probation period?
840 hours with evaluations at 2, 4, 6 months.
106
How many hours in a 12 month probation period?
1680 hours with evaluations at 4, 8, 12 months.
107
Does vacation, sick, military, or overtime work as time served for probation?
Only overtime.
108
What documentation is required from a supervisor who does not recommend an employee for a merit based raise?
They SHALL document it on a memo. If denied, they normally won't be reconsidered for 3 months.
109
Non-uniformed can be placed on IDL if they miss more than ___ days from an injury.
Three work days.
110
What is discretionary leave?
Unpaid leave that may be granted.
111
What is the extent of a regular leave of absence?
Up to 1 year with approval from appropriate commissioner.
112
Can an employee take leave for an adoption?
With approval from the commander.
113
What is the extent of informal leave?
Can't exceed 11 work days in a 22 day period or 10 work days in a 21 day period and must be approved by the commander.
114
What is the extent of temporary leave?
30 days or less and approved by commander.
115
What is non-discretionary leave?
That to which an employee is entitled to as a matter of right. Example: pregnancy, military, etc.
116
What is the extent of pregnancy leave?
Up to 1 year.
117
What is the extent of veterans educational leave?
4 years and 3 months.
118
What is the extent of military leave?
Short term: 6 months or less
| Long term: 6 months to 5 years (or longer with exception)
119
What is the extent of spousal military leave?
Up to 10 days.
120
What is the extent of FMLA/California Family Rights Act (CFRA)?
12 weeks.
121
How can an employee be eligible for FMLA/CFRA?
They must have at least 12 months of state service and worked 1250 hours.
122
Can two employees take FMLA for the same child?
Yes, but the 12 weeks must be shared. Can only be used once per calendar year.
123
What can FMLA be used for?
Birth, adoption or newly placed foster, serious health condition of self or immediate family, or DV victim.
124
What SHALL supervisor do for employee upon becoming aware of employee's FMLA eligibility?
SHALL provide a CHP 738 within 5 business days.
125
When should employee give notice of FMLA request?
30 days advanced notice on CHP 30. Supervisor should respond in 1-2 business days.
126
Can employee work OT during FMLA?
Yes, as long as it's not during their shift time, but not if they are on FMLA for their own serious illness.
127
What is considered a temporary separation?
Leave of absence or military, suspensions, termination for medical, involuntary leave, layoff, disability retirement.
128
When is training required after a leave of absence?
If less than a year - shall retrain/re-certify at the assigned command.
If 1-2 years - shall complete refresher training at the academy.
If over 2 years - shall complete reinstatement training at the academy.
129
What is required from employee who becomes pregnant?
She SHALL notify commander and submit medical form indicating estimated date of delivery and ability to work full or limited duties.
130
When can an employee withdraw their resignation?
Anytime before it is effective.
131
If an employee resigns, how long does dept. have to pay them their leave credits?
72 hours.
132
What is considered AWOL?
5 or more consecutive working days. The time starts the next scheduled day after the last worked or authorized day off.
133
Can an employee request reinstatement after AWOL?
Yes, to Cal HR within 15 days of service of notice or within 90 days if they were not served notice.
134
What happens if employee comes back prior to 5th day of AWOL?
The time off is considered dock time.
135
How is AWOL noticed served?
SHALL be overnight mail. Service is effective 5 days after postmark date, 10 if outside the state, 20 if outside the country.
136
What is the extent of catastrophic leave?
12 months. 3 months for a natural disaster with possible 3 month extension upon commander approval.
137
What is the expiration of a CHP 318 (secondary employment)?
If none is set, it expires on the next annual performance appraisal.
138
What if employee no longer has secondary employment?
They SHALL submit a memo within 10 days to cancel the CHP 318.
139
How often are supervisors required to ensure new ID cards are issued with new photo?
Every 5 years.
140
What is required when an employee loses an ID card?
SHALL immediately report it to their commander via memo.
141
When is the repayment process if an employee is overpaid?
Must be initiated within 3 years and cannot be more than 25% of of salary, unless employee agrees.
142
Can an employee receive OT for a state ordered medical exam?
Absolutely not.
143
Who is allowed 4800.5 time and for how long?
Only uniformed for up to 1 year.
144
Can an employee use a state vehicle or take mileage for a scif ordered medical exam.
No.
