HPMS 10.3 (Personnel Transactions) and 70.4 (DUI) Flashcards

1
Q

In promotional examinations for CHP uniformed classifications, each competitor will be allowed additional credit of _____ a point for each full year served in the next lower rank than that for which the examination is given

A

One-quarter point

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2
Q

A CHP ____, Applicant Flow Data Chart (refer to Annex D), shall be completed to note ethnicity and gender, as well as any disability among the applicant group considered for appointment.

A

440A

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3
Q

An employee who has ___ or more working days of service in a monthly pay period shall be considered as having a complete pay period of service, or continuous service.

A

11

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4
Q

Automatic resignation is the separation of an employee who is AWOL for _____ or more consecutive working days, whether the absence is voluntary or involuntary.

A

five days

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5
Q

A driver operating his/her vehicle in any manner which would raise a doubt as to his/her sobriety, or other abnormal conditions, Should or Shall be stopped in order to determine the cause for the irregular driving.

A

Should

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6
Q

Officers who elect to utilize the CHP 202S should or shall tape the original to an 8 ½ x 11 inch sheet of paper and attach it to the arrest report

A

Shall

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7
Q

The Department utilizes the three test battery, commonly referred to as standardized field sobriety tests or SFSTs, and the preliminary alcohol screening (PAS) device to assist an officer in identifying the impaired driver. Which three tests are included in the SFSts?

A

(a) Horizontal Gaze Nystagmus.
(b) Walk and Turn.
(c) One-Leg-Stand

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8
Q

Based on scientific research, which SFST is considered to be the most sensitive psychophysical test?

A

WALK AND TURN

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9
Q

Which color spray paints have the highest concentration of chemical Toluene?

A

Gold and Silver

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10
Q

An Incident Report of a censurable nature is completed for Officer Takarachi’s slovenly uniform. Officer Takarachi reviews and signs the CHP 2 under protest that it is not his uniform that is slovenly but his person and he wishes to make a written response. How long does Officer Takarachi have to write a response for inclusion with the CHP 2?

A

30 Days

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11
Q

What is the maximum travel distance from residence to work location when using a state vehicle for Commanders and noncommand employees?

A

a. Commanders – shall not exceed 70 miles

b. Non-command employees – shall not exceed 50 miles

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12
Q

An employee in not entitled to a discretionary leave as a matter of right. What are the four types of discretionary leaves?

A

a. Regular leave of absence
b. Adoption leave
c. Temporary leave of absence
d. Informal leave

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13
Q

When an employee meets the eligibility criteria as specified by the Government Code, CA Dept of Human Resources Rules, bargaining unit agreement, or federal or state law, the employee is entitled to nondiscretionary leave as a matter of right. What are the seven nondiscretionary leaves?

A

a. Pregnancy/Parental Leave
b. Veteran’s Educational Leave
c. Military Leave
d. Spousal Military Leave
e. FMLA/CFRA Leave
f. Nonindustrial Disability Insurance (NDI) Leave
g. State Disability Insurance (SDI) Leave

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14
Q

If an employee is AWOL for five or more consecutive working days, whether it is voluntary or involuntary, it is considered __________?

A

An automatic resignation

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15
Q

Upon receiving a CHP 318, Notice of Intent to Engage in Secondary Employment, a supervisor shall do what?

A

a. Make an inquiry into the proposed activity to determine if the activities will be inconsistent or incompatible with state employment
b. Ensure the duties listed are descriptive of all duties to be performed, and the duties will not interfere with the employee’s ability to perform assigned state duties
c. Discuss the provisions of the secondary employment request with the employee to ensure the request is understood and that special considerations in scheduling will not be granted
d. Certify that the proposed employment has been discussed with the employee, and indicate on the form whether the proposed employment is considered compatible or incompatible

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16
Q

What happens to secondary employment requests when an employee is on sick leave, injury, or limited duty status?

A

May be suspended, Commanders may require written assurance from an appropriate medical authority stating the secondary employment activity will not aggravate the injury nor prolong the employee’s recovery

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17
Q

For the purpose of assigning voluntary overtime details, uniformed employees shall not be considered available if the assignment would result in the employee working more than ____ hours in any 24-hour period?

A
  1. 5 hours

b. Exceptions may be made for exigent or emergency situations by the employee’s supervisor

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18
Q

Gary is an everyday heroin user and addict. Gary is very concerned with the environment and would feel terrible if one of his customers were to poke themselves with one of his hypodermic needles as he provided them rides during his second job as an Uber driver. Gary is pulled over by Roseville PD and notifies the officer he has just shot up heroin. The officer notices the red sharp container for needles on the floor board of Gary’s car where he placed his used needle inside. Can Gary be charged with unlawful paraphernalia for his used needle in the red container?

A

No. Health and Safety Code Section 11364 shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharp waste.

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19
Q

Officer Dumbledork arrests a driver for driving under the influence of methamphetamine. The driver brags that he has been arrested for driving under the influence five times for five different drugs. The officer runs a driver’s license check which indicates the driver has been convicted of DUI four other times in the last eight years. Officer Dumbledork books the driver into jail under the misdemeanor DUI. The driver is released from jail hours later after sobering up and being processed for the misdemeanor. What step did Officer Dumbledork miss in the booking process?

A

Officers shall run a driver license status check via CLETS on all DUI offenders before booking. If the inquiry indicates three or more prior DUI convictions (or DUI reduced to reckless driving) within ten years of the current arrest, officers shall arrest and book the subject for Section 23152 CVC as a felony (pursuant to Section 23550 CVC) based upon probable cause that a felony has been committed.

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20
Q

Mike is a 16 year old drunk who habitually steals his dad’s Pabst Blue Ribbon and drives to the park to drink and reflect on his long life. Mike is a loser and has no future. After drinking all day, Mike is pulled over and arrested for DUI. Mike chooses a breath test and is transported to the office. While at the office, Mike is allowed to make a phone call to his mom. His mom tells him she wishes she had given him up for adoption and to not take the breath test. Mike tells the officer he will not take the breath test. The officer asks Mike if he will take a blood test and Mike agrees. Does the officer have to obtain the parent’s approval before Mike submits to the blood test?

A

Juveniles fall within the provisions of Section 23612 CVC and may legally consent to the drawing of blood in compliance with the Implied Consent law without parental permission.

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21
Q

A former uniformed employee now working for an allied agency applies for reinstatement 48 months after separation from the Department. Are they eligible to return to service with the Department?

A

A former uniformed employee must apply for reinstatement to a uniformed position within three years of separation

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22
Q

An officer with badge #21509 has been on the job for three and a half years. The officer immediately transfers to the Office of Accreditation after probation and starts to study to become a sergeant. Is the officer eligible to test for a sergeant?

A

No. A minimum of 36 months of qualifying pay periods performing the duties of an Officer, CHP, with 24 qualifying pay periods performing enforcement-related duties a majority of the time.

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23
Q

A 17 year veteran employee complains that he has been passed up for selection to the Area’s SRT team. The veteran employee states he can do the job just as well as the 24 year olds management has selected to be on the team. The veteran employee says he is just as spry as he was when he broke in at 21 years old. Can the veteran employee file for age discrimination due to the California Fair Employment and Housing Act?

A

No. The California Fair Employment and Housing Act protects by law against employment discrimination regarding age when the employee is age 40 or above.

24
Q

A four year uniformed employee informs their sergeant they have just been called to complete a six month service duty with the Army. The employee is worried about finances during their deployment. Is the employee eligible for any pay by the Department during their deployment?

A

Yes. An employee who has had 12 qualifying pay periods of state service without a break in service immediately prior to the active duty date or has a combination of pay periods of such state service and calendar time spent in the military service which equals one year, is entitled to pay for the first 30 calendar days (172 hours) of short-term military leave of absence.

25
Q

How long shall a reinstated employee be required to serve in their initial field assignment?

A

One year

26
Q

Examinations are arranged by ______________ with assistance of Field Division recruiters.

A

Selection Standards and Examinations Section

27
Q

You must have _______ to take a Sergeant promotional exam.

A

36 qualifying months, with 24 qualifying months enforcement related assignments

28
Q

Appointments and assignments to fill a new vacant, or new uniformed positions are determined by ______________.

A

Headquarters

29
Q

Related employees will not be assigned to the same command when either is the _______.

A

Commander

30
Q

Temporary assignments or loans of employees between departments may be made for a period not to exceed ________.

A

Four years

31
Q

Temporary assignments or loans between departments may not exceed _______.

A

Two years

32
Q

Permissive reinstatements is at the discretion of the __________.

A

Commissioner

33
Q

What is policy regarding the BAC of commercial vehicle drivers?

A

When the driver is found to have a BAC of 0.01 percent but less than 0.04 percent, the officer shall issue a CHP 215 for a violation of Section “34506.3 CVC, failure to comply with CHP regulations - BAC of
0.01 percent or greater - out-of-service for 24 hours.” The driver shall be advised of the 24-hour out-of-service order, and a notation shall be printed in the driver’s log book (if applicable) stating the time and place that such order was given

34
Q

When a driver has been ordered out-of-service and is stopped again within the
24 hour out-of-service time frame, the following shall apply:

A

a. A citation should be issued to the driver for a violation of Section 2800 CVC, failure to obey a lawful order from a peace officer.
b. The driver shall be directed to comply with the out-of-service order.
c. If the driver indicates a refusal to comply with the out-of-service order, the driver should be placed under arrest for Section 2800 CVC pursuant to Section 40303(f) CVC.

35
Q

(True or False)

Pursuant to Section 23154(c)(1) CVC, any person on probation for DUI who drives a motor vehicle is deemed to have given their consent to a PAS test or other chemical test for the purpose of determining the presence of alcohol.

A

True

36
Q

You arrest Mr. Clever for 23152(a) VC. During your fine investigation you discover Mr. Clever had a prior felony DUI conviction 8 years ago. What VC should you arrest Mr. Clever?

A

Upon an arrest for Section 23152 or 23153 CVC, if the officer has reasonable cause to believe that the arrestee has a prior felony DUI conviction within the previous ten years, or a specified prior manslaughter conviction, the officer shall charge the arrest as a felony per Section 23550.5 CVC.

37
Q

You arrest a person for DUI. You advise him of Implied consent and he picks blood. When the phlebotomist arrives your 10-15 tells you he has a heart condition and is using a prescribed anticoagulantis, but does not remember his doctors name or the amount of meds he is taking. Is his statement indicating he has a medical condition sufficient for the officer to assume that he qualifies for the exemption?

A

Blood samples shall not be withdrawn from persons who are hemophiliacs, or who have a heart condition and are using a prescribed anticoagulant (Section 23612 CVC). (2) A statement by an arrestee indicating they are subject to one of these medical conditions is sufficient for the officer to assume that the subject qualifies for exemption. It is recommended that officers make this determination early in the arrest procedure, to assist with determining which chemical tests are applicable to the subject

38
Q

To be eligible for Permissive Reinstatement a person having probationary or permanent status has the privilege (not the right) of requesting reinstatement if the individual was separated from a position with the Department by:

A

(1) By resignation;
(2) By service retirement;
(3) By termination from limited term, temporary, career executive assignment, or exempt appointment;
(4) Absence without leave, whether voluntary or involuntary (refer to
Government Code Section 19996.2); or
(5) Without a break in continuity of state service to accept another civil service or exempt appointment.

39
Q

True or False: Officer Johnny resigned from the department in good standing to take over the family furniture business. A year goes by and Officer Johnny decided that career choice wasn’t for him and decided he wanted to re-join the department. Officer Johnny has the right to apply for reinstatement with the department because he resigned in good standing?

A

False: Any person having probationary or permanent status has the privilege (not the right) of requesting reinstatement if the individual was separated from a position with the Department

40
Q

Officer Johhny was reinstated and assigned to the North Sacramento area office. After six months Officer Johnny submitted a CHP220 request to the Auburn area office. Did Officer Johhny violate departmental policy?

A

Yes. All reinstated employees shall be required to serve a one-year term in
their initial field assignment

41
Q

Officer Rebecca found out she is pregnant. What requirements must Officer Rebecca meet to qualify for FMLA/CFRA benefits?

A

To be eligible for FMLA/CFRA benefits, an employee must have at least 12 months (52 weeks) of state service; and worked at least 1,250 hours (actual time worked) during the prior 12 months

42
Q

Officer Johhny had an approved CHP318 on file and was working for UBER as a secondary employment. After six months, Officer Johnny parted ways with UBER. Officer Johnny has _______ calendar/business days to submit his memoranda of cancellation to his commander?

A

Employees shall, within ten calendar days, submit memoranda of cancellation to their commander whenever they are no longer employed, or when changing conditions render the approval void.

43
Q

At the time of the annual performance appraisal, the supervisor (should or shall) ensure a new ID/ESA cards every ______ years in conjunction with the replacement of the filed folder photograph.

A

Supervisors shall ensure new ID/ESA cards are issued to their employees every five years in conjunction with the replacement of the field folder photograph.

44
Q

Officer Johnny called in sick and was staying at his parents’ house until he felt better. Is Officer Johnny required to notify his supervisor that he’ll be staying at his parents’ house?

A

Yes. An employee off duty on sick leave shall notify their supervisor whenever the employee will be at a location other than their normal residence. This provision does not apply to short absences for doctor’s appointments or to absences on sick leave prior to retirement

45
Q

True or False: Officer Johnny receives a call from dispatch just prior to the end of his shift, likely causing Officer Johnny to accrue overtime. Since Officer Johnny was dispatched to the call for service, he doesn’t need to notify his supervisor that he will be accruing overtime?

A

False: Supervisors shall be responsible for approving overtime. A supervisor shall not allow an employee to perform overtime work without prior authorization.

46
Q

Officer Johnny returned to the department after three months of military leave. Is Officer Johnny required to submit a STD. 634 for being out on military leave?

A

No. Absences When STD. 634 is not Required. (2) Military leave of absence, either short-term or long-term.

47
Q

Sergeant Ronnie had a family emergency and had to leave work five hours early. Sergeant Ronnie designated Officer Johnny as the OIC for the remainder of shift. Is Officer Johnny entitled to OIC pay?

A

No. OFFICER-IN-CHARGE PAY. Officers who are assigned to perform the duties of an Officer-In-Charge (OIC) for six hours or more during a shift will receive 5 percent of the daily base salary.

48
Q

What are the hours for Evening/Swing shift and Night Shift/Graveyard Differential?

A

1800-0100 hours

2300-0600 hours

49
Q

Areas shall prepare checkpoint operational plans and submit them to Division, so they may be approved at least_____ prior to the scheduled date of operation.

A

1 week

50
Q

Areas are required to provide a printed press release to the media_______ prior to the checkpoint operations, that includes general information outlining dates, times, and geographical areas where checkpoint operations will occur.

A

48 hours

51
Q

When the driver of a commercial driver is found to have a BAC of______ percent, but less than______ percent, the officer shall issue a CHP215 for a violation of 34506.3 VC and place the driver out of service for_________ hours.

A

48 hours

52
Q

When the driver of a commercial driver is found to have a BAC of______ percent, but less than______ percent, the officer shall issue a CHP215 for a violation of 34506.3 VC and place the driver out of service for_________ hours.

A

.01 but less than .04/ 24 hours

53
Q

TRUE OR FLSE?
Pursuant to Section 23610(a) CVC, if there was at the time of a chemical test less that 0.05 percent by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.

A

TRUE

54
Q

Sobriety/driver license checkpoint teams should normally operate for a period of how many hours?

A

4-6 hours. The team leader may discontinue operations at any time for safety reasons.

55
Q

Upon an arrest for Section 23152 or 23153 VC, if an officer has reasonable cause to believe that the arrestee has a prior felony DUI or manslaughter conviction within the previous _____ years, the officer (should / shall) charge the arrest as a felony Per Section 23550.5 VC.

A

10 / shall

56
Q

TRUE OR FALSE?

If a subject is arrested solely for DUI of drugs, the Admin Per Se still applies?

A

FALSE (Admin Per Se provisions only apply to BAC levels or refusals.)

57
Q

Specific checkpoint locations (should not / shall not) be released sooner than ____ hours prior to the checkpoint start time

A

Shall not / 2 hours