HPMS 10.10 PERFORMANCE APPRAISAL MANUAL and 9.1 EMPLOYEE RELATIONS MANUAL, MOU Flashcards

1
Q

When an employee decides to file a grievance or complaint, it should be filed on either a CHP ___, Employee Grievance/Complaint or a STD ___, Employee Contract Grievance; or union equivalent.

A

CHP 94, STD 630

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2
Q

True or False: If an employee has an active grievance/complaint in process and transfers or promotes to a new command, the complaint shall be deemed inactive and closed.

A

False. There are occasions when an employee transfers or promotes to another command and has an active grievance/complaint in process. In such
circumstances, copies of the grievance/complaint documents shall be sent to
the new command, apart from the field folders, and shall be handled according
to the procedures set forth herein.

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3
Q

How many levels are there in the grievance/complaint process?

A

Answer- 5
Informal Level. This level requires an informal discussion between the
immediate supervisor and grievant/complainant and/or their representative.

Level 1. Area/section commander. In those cases where the employee’s immediate supervisor is also the Area or section commander, the formal
grievance/complaint shall initially be filed at Level 2.

Level 2. Division commander. In those cases where the employee’s
immediate supervisor is also the Division commander, the formal
grievance/complaint shall initially be filed at Level 3.

Level 3. Office of the Commissioner. This is the last level of appeal for
represented employee complaints.

Level 4. Director of the California Department of Human Resources. This
is the last level of appeal for excluded employee grievances.

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4
Q

An employee’s Compensating Time Off (CTO) balance shall not be reduced more than ____ hours per month or more than what is necessary to keep the employees’ balance below 480 hours.

A

24 hours

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5
Q

You are the A Watch Sergeant in North Sac and Officer Boot submits two short notice court cancellation 415’s for the same day. One appearance was at 9am and the other was at 12pm. How would you respond?

A

Inform Officer Boot that in no event shall an employee earn more than one (1) $50 short notice court cancellation fee in the same day except when the beginning of the second call back would have been more than six hours from the completion of the first call back period.

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6
Q

You are the A Watch Sergeant in North Sac and Officer Boot informs you that there was a payroll error and he was over paid by $500.00. Officer Boot tells you that he spent the money and cannot repay it and he would like to use sick leave credits. How would you respond?

A

Inform Officer Boot that by mutual agreement only leave credits may satisfy the overpayment.

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7
Q

The supervisor ____ record the percentage of collision reports completed by the officer during the month within the eight-day completion time frame.

A

Shall

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8
Q

True or False: If a permanent officer elects to transfer is a CHP 118 required to be completed and forwarded to the officers’ new command?

A

False, A transfer CHP 118 is not required to be prepared.

10.10, 9.1, MOU

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9
Q

Which of the following statements is correct? (10.10 / 3-6)
A.* Each officer’s CHP 100 should be reviewed by the immediate supervisor, promptly after the 15th of the month and again after the last day of the calendar month.
B. Each officer’s CHP 100 shall be reviewed by the supervisor, promptly after the 15th of the month and again after the last day of the calendar month.

A

Each officer’s CHP 100 should be reviewed by the immediate supervisor, promptly after the 15th of the month and again after the last day of the calendar month.

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10
Q

How many critical tasks have been identified as essential to performing the job as a Sergeant? (10.10 / 4-27)

A

10

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11
Q

Officers have how many critical tasks on the California Highway Patrol 100 and 118? (10.10 / 3-6, 3-7)

A

9

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12
Q

True or False. When an employee representative is acting in that capacity, he/she is considered to be on equal ground with management. (9.1 / 4-4)

A

true

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13
Q

Which of the following statements is correct? (9.1 / 2-6)

When there is a conflict between departmental policy and the provisions of a negotiated contract, departmental policy will normally be controlling.

When there is a conflict between departmental policy and the provisions of a negotiated contract, the contract shall be controlling.

A

When there is a conflict between departmental policy and the provisions of a negotiated contract, the contract shall be controlling.

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14
Q

When Departmental policy conflicts with a contract, the provisions of the contract (should / shall) prevail. (HPM 9.1 / 5-3)

A

shall

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15
Q
Which of the following is not a specialty pay position? (9.1 / 14-4)
motorcycle position 
pilot or flight position 
bilingual position
canine position
A

canine position

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16
Q

A representative (must / should / shall) also obtain permission from his/her _______________ to engage, during working hours, in business relating to representational matters. (9.1 / 5-3)

A

must / supervisor

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17
Q

Regarding Bulletin Boards; Any materials posted (may be / should be / shall be) dated and initialed by the organizational representative, with a copy of all materials (may be / should be / shall be) provided to the commander or his/her designee at the time of posting. (9.1 / 5-24)

A

shall be, shall be

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18
Q

If the organization representative refuses to withdraw the material posed, who retains the final authority for removal? (9.1 / 5-4)

A

Management

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19
Q

Of the 21 state bargaining units, how many managed by the Department?

A

12

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20
Q

What does SEERA stand for and what was it renamed?

A

State Employer-Employee Relations Act, renamed the Ralph C. Dills Act.

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21
Q

What is the Dills Act?

A

It is a series of government codes which govern collective bargaining

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22
Q

If there is a conflict between policy and the contract, which is controlling?

A

The contract in all circumstances

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23
Q

An association rep has the right to vigorously act to represent the employee. While acting in that capacity, the rep is on equal ground with management. T/F

(HPM 9.1, 3-3, 3c)

A

True.

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24
Q

If a rep requests to engage in representational matters during work hours, is it a may/should/shall that it be granted?

A

It Shall be granted promptly unless his absence would interfere with efficient operations. If denied, an alternate time will be arranged.

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25
Q

A rep desiring access to a work location must do what?

A

Permission must be requested from the commander stating the purpose and it must be requested a reasonable amount of time prior to the intended visit.

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26
Q

A rep must obtain permission from who prior to engaging in Area rep matters during regular work hours?

A

The immediate supervisor

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27
Q

May access to a work location be denied to a rep who is requesting to conduct representational business while on duty?

A

It may be denied or delayed for reasons including safety, security, work load requirements, or other legitimate circumstances.

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28
Q

May the association use Area bulletin boards and if yes, what needs to be done prior to posting anything?

A

Yes, to post certain notices. The rep must date and initial the material and a copy must be given to the commander/designee at the time of posting.

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29
Q

What is the objective of the performance appraisal process?

A

To ensure that performance at least meets Departmental standards and to develop the performance of all employees to full potential.

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30
Q

What is each supervisor’s responsibility in regards to HPM 10.10?

A

To review the information contained in this manual and rating subordinate job performance based on the standards provided.

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31
Q

Who developed the critical tasks?

A

They were developed jointly by the Department and the State Personnel Board.

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32
Q

What is a performance standard?

A

The level at which an employee must perform a critical task to satisfy Departmental requirements

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33
Q

At a minimum, how often shall probationary employees receive a written performance appraisal?

A

At the end of four, eight and twelve months.

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34
Q

What are the seven “potential rater errors”?

A

Halo Effect, Lenient and Harsh Effect, Central Tendency Effect, Similar-to-me Effect, Contrast Effect, First or Last Impression Effect, and Stereotype Effect.

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35
Q

Are CHP 118s required in conjunction with an Officer’s transfer?

A

no

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36
Q

Regardless of assignment, in what Critical Tasks shall all Officers be rated?

A

Critical Tasks 1 through 6.

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37
Q

When are supervisor comments mandatory on the CHP 100 form?

A

When there is any rating of Exceeds or Improvement Needed.

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38
Q

What are the ten critical tasks used to evaluate the performance of Sergeants?

A

Departmental Commitment, Leadership, Judgment, Interpersonal Skills, Communication Skills, Investigative Skills, Technical Competence, Supervision, Emergency Incident Management, and Administrative / Specialized Assignments.

39
Q

How many area representatives are allowed in each office?

A

Only 2, an area rep and an alternate area rep.

40
Q

What must a representative do before performing association business during regular working hours?

A

He must obtain permission from his immediate supervisor (or his designee as long as the designee is not a CAHP representative)

41
Q

How much time should the representative be given to assist an employee on a grievance or complaint?

A

A maximum of 4 hours at each level, 8 hours for an arbitration.

42
Q

How much time is a representative allowed in order to assist the employee prepare a Skelly response?

A

4 hours

43
Q

May a representative inspect the employee’s personnel file?

A

Yes, with the employees written consent

44
Q

Prior to filing a Level 1 grievance the employee must meet informally with his supervisor within how many days of the incident? How many days does the supervisor have to respond?

A

21 days and the supervisor must give a decision within 7 days

45
Q

What is the time frame to file a Level 1 grievance?

A

21 days of the incident or 7 days following the supervisor’s decision

46
Q

Upon filing a Level 1 grievance, a response must be made in what time frame?

A

14 days

47
Q

What is the time frame to file a Level 2 grievance and to hear the response?

A

A Level 2 must be submitted within 14 days of the Level 1 response and this response must be within 21 days

48
Q

You are the weekend B watch Sgt. You notice that one of your fellow Sgts. is constantly comparing employees while rating their performance, rather than focusing on one employee’s performance of the critical task or performance factors. This error is an example of what common rating error?

A

The contrast effect

49
Q

The backup overtime coordinator contacts you about an overtime question regarding an officer on your shift. He knows the officer had recently placed on interim reporting for substandard enforcement activity and asks you if the officer would be allowed to work a “speed enforcement team” overtime detail. What do you tell the overtime coordinator?

A

No! an officer on interim reporting within the prior 12 months cannot be considered for the overtime program if it has the same emphasis as the critical task for which the officer was placed on interim reporting

50
Q

A rating of Deficient on a CHP 118 Performance Appraisal will always result in the initiation of ____________?

A

Interim reporting

51
Q

What is the retention period for the CHP 118 Performance Appraisal? (HPM 10.10, Ch3, page 23)

A

The most current, plus four years

52
Q

An employee/representative insists on giving you, their immediate supervisor, a written grievance/complaint without an informal level discussion. Should it be accepted? HPM 9.1, Ch 7, page7)

A

Yes, if they insist, it should be accepted

53
Q

You are tasked with a grievance/complaint which does not allege a violation of the contracts or departmental policy or of regulations, rules, policies or practices. Should it be accepted and/or investigated? (HPM 9.1, Ch7, page 9)

A

It should be accepted and although an investigation is not necessary, a formal response should be issued denying the grievance/complaint since it does not meet the definition

54
Q

A representative’s representational activity ________ be the basis for discipline or discharge. (HPM 9.3; 3-5)

A

May not

55
Q

What case established the right of a bargaining unit employee to be assisted by a union representative at an investigatory interview to which the employee has been summoned by management, when the employee reasonably believes disciplinary action may result from the interview? (HPM 9.1; 2-5)

A

National Labor Relations Board (NLRB) V. WEINGARTEN, INC.

56
Q

Sergeants are assigned monthly critical task ratings using a _______ rating system on the _______, Management Summary. (HPM 10.10; 4-3)

A

Three point; CHP 112

57
Q

What are the four “Specialty Pay” positions? (HPM 9.1; 14-4)

A

Motorcycle assignments
Bilingual positions
Pilot or flight officer positions
Investigator positions

58
Q

When removing an employee from a specialty pay position as part of an adverse action, prior approval of the appropriate ______ is also required. (HPM 9.1; 14-4)

A

Assistant Commissioner

59
Q

Leadership Skills section of the CHP 118 are now mandatory. (HPM 10.10 revisions) true or false

A

true

60
Q

For Non-Uniformed employees the ____, Individual Development Plan for Future Job Performance of Permanent Employee, is used to develop and document performance of permanent employees not currently serving a probationary period and to certify successful performance in ten performance factors. (HPM 10.10; 15-3)

A

CHP 120

61
Q

The probationary reports for non-uniformed employees serving a 6-month probationary period shall be completed within ____ of the end of 2 months, 4 months, and 6 months. (HPM 10.10; 15-4)

A

10 Days

62
Q

A _______ shall be completed for each sergeant every calendar month. (HPM 10.10; 4-6)

A

CHP 112

63
Q

Upon request by the CAHP, how much time is the grievant allowed to assist the CAHP Representative to prepare for arbitration?

A

8 hours of release time

64
Q

An employee grievance initially shall be discussed with the employee’s immediate supervisor. This discussion must occur within how many days of the event or circumstances occasioning the grievance?

A

21 calendar days

65
Q

The immediate supervisor shall give his/her decision or response to the grievance within how may days of the discussion?

A

Seven calendar days

66
Q

What is the difference between a complaint and a grievance?

A

A grievance is a dispute of one or more employees, or a dispute between the State and CAHP involving the interpretation, application, or enforcement of the express terms of the MOU. A complaint is a dispute of one or more employees or a dispute between the CAHP and the Department involving the application or interpretation of an existing written rule or policy.

67
Q

What are the levels for a grievance?

A

Informal discussion (immediate supervisor); Formal I (first level of appeal); Formal II (second level of appeal); Formal III (third level of appeal); Formal IV (DPA)

68
Q

What are the levels of a complaint?

A

Informal discussion (immediate supervisor); Formal I (First level of appeal); Formal II (second level of appeal); Formal III (Office of commissioner)

69
Q

How long does an employee have to appeal minor discipline?

A

Any appeal of minor discipline must be filed in writing and received by the person specified by the State in b.(5) above within ten calendar days of the service of the discipline notice.

70
Q

Can an officer claim one hour of overtime for the additional hour worked on daylight savings time?

A

No charge for time off is made for the one hour not worked by employees when Standard Time changes to Daylight-Saving Time. Overtime is credited for the additional hour worked by employees when Daylight-Saving Time reverts to Standard Time.

71
Q

An employee who is required by his/her supervisor or designee to conduct business telephone calls outside his/her work hours of less than 30 minutes duration shall receive what compensation?

A

$10

72
Q

Can an affected officer appeal the removal of specialty pay due to the reduction of a motorcycle as a result of operational necessity?

A

Removal as a result of an operational necessity, such as a reduction or elimination of motorcycles or aircraft, is not appealable

73
Q

Each officer’s CHP 100 should be reviewed by their immediate supervisor promptly after the ____ of the month and again after _________.

A

15TH, after the last day of the calendar month

74
Q

The supervisor shall enter what kind of safety tip for the officer’s review each month?

A

Occupational safety tip

75
Q

How many Critical Tasks are on the CHP 100?

A

8 total

76
Q

The Year Totals for probationary reports shall include how many months of CHP 100 ratings for each probationary period, unless the officer’s probationary period has been extended?

A

4 months

77
Q

The most current CHP 118, plus how many years, shall be retained in the field personnel folder?

A

Plus four years

78
Q

What are the three levels of rating for the CHP 120, Individual Development Plan for Future Job Performance of Permanent Employee, Process?

A

Exceeds, meets, substandard

79
Q

True or False A continued rating of Needs Improvement on the CHP 100 or a particularly serious performance issue could trigger an immediate CHP 118 rating of Deficient and result in the officer being placed on interim reporting. HPM 10.10 3-5

A

True

80
Q

The ___________is used to document performance for probationary and permanent sergeants and to evaluate performance in ten critical tasks during the preceding calendar year (January 1 through December 31). (HPM 10.10 4-3)

A

CHP 118S

81
Q

Since the emphasis is on sergeant development, two rating categories have been specified for substandard performance: ______________ on the CHP 112, and ____________ on the CHP 118S. (HPM 10.10 4-4)

A

Needs Improvement/ Deficient

82
Q

What CHP document ¬¬¬¬is used to assess a sergeant’s readiness for promotion to lieutenant. (HPM 10.10 4-19)

A

CHP 131, PROMOTIONAL DEVELOPMENT ASSESSMENT

83
Q

How many critical tasks have been identified as essential to performing the job of an officer and are used in evaluating individual performance. (HPM 10.10, 3-3

A

8 critical tasks

84
Q

True or False. A supervisor shall record the percentage of collision reports completed by the officer during the month within the eight-day completion time frame.

A

true

85
Q

When interim reporting is initiated, the rater shall assign a rating of Deficient to the applicable critical task(s) on the CHP 118 and prepare a plan of action to correct the deficiency. The plan shall include:

A

a A discussion of the specific problem area(s).
b A description of all performance objectives set.
c Methods outlined to reach objectives.
d Controls involved.
e Time frames for follow-up.

86
Q

A formal grievance shall be initiated in writing on a __________ and shall be filed with a designated supervisor or manager identified by the appointing power as the first level of appeal.

A

CHP 94, Employee Grievance/Complaint

87
Q

The right of a bargaining unit employee to be assisted by a union representative at an investigatory interview to which the employee has been summoned by management, when the employee reasonably believes disciplinary action may result from the interview. (True or false).

A

True. Under the Weingertner rule from the supreme court

88
Q

A motor Officer under your supervision is arrest for a DUI in his personal vehicle and while off duty. After the investigation is complete and as part of his punishment your command has requested that he be removed as a motor officer for a 6 month period. When removing an officer from a specialty pay position who’s approval is required.

A

The appropriate assistant commissioner

89
Q

You are completing your monthly Sergeant evaluations on the 100 forms. You have one of your Officer whose activity is far and above all the other officers. He is not known for being a people person and has at times had complaints about his demeanor. He puts a clean uniform on maybe once a month. He does not respond and assist others with calls very often. But his activity is so high you write up a great 100 form with several exceeds. This is which one of the errors Sergeant can make while completing the 100 forms.

A

The halo affect

90
Q

After you complete the CHP 118 for an officer and it has been finalized. How long after the Officer anniversary date do you have to forward it to Human Resource Unit.

A

60 days

91
Q

You are a new Sergeant and a nice guy. You are completing a 118 and want to give an officer you like an EXCELLENT evaluation. What is required to give an officer a rating of EXCELLENT on their 118.

A

Few officers are likely to be rated as Excellent, for this is a rating that requires clear and convincing documented evidence of sustained outstanding performance. While most officers are capable of achieving excellence, few actually do so.

92
Q

When completing the 100 form comments it is important that the Sgt does not boiler plate 100 forms for the shift and avoid the common errors made. How can this be done?

A

The supervisor’s comments shall be specific and clearly document relevant officer performance issues occurring during the month. Generalized statements or nonspecific language shall not be used.

93
Q

You have used the past 12 months 100 forms to complete the yearly 118 evaluation for an officer. Now what is done with these documents at the area level?

A

The completed 100 forms shall be attached with the 118 and shall be placed in the officer’s field folder.

94
Q

The M.O.U. stated that the CAHP representative (area rep) is allowed how many hours of release time to assist an employee with a grievance or a complaint and how often.

A

4 hours at each level of the process/

For an arbitration its 8 hours