personnel issues Flashcards
An Employee can take a CFRA (California Family rights Act) unpaid leave for?
-birth of a child for bonding
-placement of a adopted/foster child
-serious health condition of employee’s child, parent, spouse
-an employees own serious condiction
An employer may require a written medical certification of the serious health condition of employee, child, parent, spouse before granting CFRA leave. T or F
True
According to CRA, illness, injury, impairment, or physical or mental condition of the employee or child, parent or spouse, of the employee that involves either inpatient care in a hospital, a residential care facility, or continued treatment by a health care provider are considered serious health conditions. T or F
True
medical certification includes:
-date condition commenced
-probable duration
- estimated amount of time employee needs to care for sick family member
-statement that warrants care by family member during treatment
-statement that employee due to condition is unable to perform functions of job
An employee may take CFRA leave due to disability related to pregnancy, childbirth or related medical condition. T or F
False
Under FMLA, a pregnancy disability qualifies as a serious health condition and runs cincurrently with CA. T or F
True
CFRA requirements that an employee must satisfy are:
-either full or part time employee
-have 12 months of service
-has worked at least 1250 hours within the 12 months
-work at a location in which the employer has at least 50 employees within 75 miles of the employee’s work-site
The maximum CFRA leave entitlement may total up to 12 work weeks in a 12 month period. T or F
True
CFRA leave must be taken in one continuous period. T or F
False
The employer may choose how the 12 months of period of leave is calculated using any of the 4 FMLA methonds. T or F
True
The employer must apply the chosen method of FMLA leave consistently and uniformly to all employees
True
CFRA eligible employees working 5-8 hour days a week during a 12 month period are entitled to how much time?
12 work weeks or 60 work days
CFRA eligible employees working less than 5 days a week or on alternate work schedules entitled to how much time?
12 work weeks calculated on a proportional basis
Who is responsible for administering the modified durty program with the Sheriff’s Office?
The employee relatons officer
The duration of a modified duty placement shall not exceed
1 year
An employee who wishes to participate in the modified duty program should forward a request to his or her:
Immediate supervisor
Permanent employees will not be involuntarily displaced to accommodate a limited duty employee.
True
ADA falls under
U.S Department of Justice Civil Rights Division
ADA guarantees equal opportunites for indviduals with:
-disabilities in public accommodations
-employment
-transportation
-state and local services
ADA can be enforced by:
The deparment of Justice
ADA defines a person as having a disability as:
a physical or mental impairment that substantially limits a major life funciton
When persons with disabilites who are qualified for a job are allowed to work due to a modificaiton this is a :
reasonable accommodation
Are drug users covered by the ADA?
No
Does ADA cover people with AIDS
Yes
The ADA also protects individuals who have a record of substantially limited impairment and people who are regarded as having such impairment. t or F
True
To be protected a person must have a record of or be regarded as having a substantial impairment. T or F
True
Under ADA substantal impairments are those that significantly limit or restricts a major life activity are:
-hear
-seeing
-speaking
-breathing
-performing manual tasks
-walking
-caring for oneself
-learning
-working
Under ADA an individual with a disability must be qualified to perform essential functions of the job with or without reasonable accommodations in order to be protected. T or F
True
A reasonalbe accommodation is any change to a job work environment that permits a qualified applicant or employee with a disability to participate in the job app perform the functions enjoy benefits.. as do those without disabilities. T or F
True
Per ADA reasonable accommodations may be:
-get/modify equipment
-job restructure
-modified work hours/schedules
-reassignment to a vacant spot
-adjusting exams
-polices, traing, providing readers/interpreters
-making the workplace readily accessible
Per ADA it is not necessary to provide accommodations if doing so would cause undue hardship to a business. T or F
True
illegal drug users are protected under ADA. T or F
False
Which of the following is not excluded from the definition of imparments?
Alcoholism
List the two different categories of Level 1 reserve officers:
-Standard level 1
-24 hours level 1
The authority for a Standard Level 1 Reserve shall extend only for the duration of the specific assignment and police function. T or F
True
the authority for a “24-hour” Level 1 Reserve shall include the full powers and duties of a peace officer. T or F
True
In order to attain “24-hour” Level 1 reserve authority, the officer must satisfactorily complete the department _____ hour structured field trainging program
400
All level 1 reserve officers must complete a basic academy course. T or F
True
Level 1 reserves can be assigned to work alone in patrol assignments. T or F
False
A Level II Reserve refers to a trained officer who works under the immediate supervision of a peace officer possessing a basic certificate. T or F
True
The authority of a Level II reserve shall extend only for the duration of assignment to specific police functions. T or F
True
A Level III reserve refers to a trained reserve officer who is deployed in such limited function as would not usually require general law enforcement powers.
True
Level III Reserve will only be deployed when the assignment can be performed:
A) without predictable physical harm
B) will not likely result in physical arrests
C) will not involve the supervision of inmates or arrested persons
D) All of the above*
Who are the only reserves allowed to wear a uniform?
A) Level 1
B) Level 2
GO 13/04 - Performance Evals of Reserve Deputy Sheriffs - On-call Deputy Sheriffs shall be evaluated:
A)annually
B)bi-annually
Volunteer Reserve Deputy Sheriffs shall be evaluated:
each shift they work
A REEMPLOYED officer is an officer who formerly held a permanent status in a class, who was laid off, and who is returning to that class. T or F
True
Reemployed officers do not retain prior service seniority for all purposes including vacation selection, promotion eligibility, and where considered, assignment. T or F
False
a REINSTATED officer is an officer who is reappointed following transfer or resignation in good standing. T or F
True
who has the discretion to reinstate an officer?
Sheriff
A REINSTATED officer shall only be reinstated to the rank of Deputy Sheriff. T or F
True
reinstated officers shall be assigned to entry-level Career Development rotation, and shall not be eligible for reassignment from security or Correctional Services ahead of other officers present in the service area at the time of his or her reinstatement. T or F
True
not including their period of absence, reinstated officers shall retain prior service credit, in their classification, for purposes of promotional eligibility, vacation selection, and subsequent assignments where seniority is considered. T or F
True
Leave balances are reviewed and considered before promotions are made
True
Unless departmental needs dictate otherwise, all employees shall successfully complete their classification’s probationary period prior to requesting a reassignment. T or F
True
upon reassignment based on employee request, the employee shall remain in the new assignment for not less than ______ before being eligible for further assignment
1 year
a division commander will not approve an employees request for reassignment when
-the employee is on a PIP
-The employee is the subject of an investigation in which discipline is intended/likly
If an officer in corrections pulls their waiver letter to return to patrol, where do they fall on the list?
11th place
There is no routine rotation from Correctional Services to Patrol Services above the rank of Deputy Sheriff. T or F
True
who is subjected to random alcohol and drug testing
a) sworn and non-sworn who possess a commercial driver’s license in the course of their employment
b) sworn personnel assigned to RT
an employee with a BAC greater than .00 but less than .04 she’ll be relieved of Duty for 24 hours. T or F
True
an employee with a BAC .04 or higher she’ll be considered in violation of this order and County policy. T or F
True
applicants for both sworn and non-sworn are not subject to drug testing prior to employment. T or F
False
For a supervisor to conduct a urine and/or breath test on an employee when there are reasons to believe that drug or alcohol abuse is or may adversely effect job performance, they must have:
Reasonable Suspicion
employees have the right to representation prior to submitting to a urine or breath test. T or F
False
before an employee is tested, a second supervisor must substantiate and concur with the decision to test. T or F
True
a reasonable suspicion test should be completed no later than ______ after the observation
8 hours
employees involved in an accident involving either a fatality or citation for a moving violation arising from the accident shall be required to submit to testing
True
after an accident involving a fatality or citation for a moving violation arising from an accident, the employee shall complete and alcohol breath test no later than ______ hours after the incident and a urine test for controlled substance no later than _____ hours after the incident
8 and 32
employee accidents that do not involve a fatality or citation may result in Reasonable Suspicion testing if the criteria for such testing are met. T or F
True
employees who have previously tested positive on drug or alcohol tests are subject to unannounced tests for at least _____ year and up to _____ years
1 and 5
notification of test results shall be forwarded to
executive officer of the administrative division
supervisors who have direct responsibility over employees affected by this policy shall receive at least one hour training in alcohol misuse and one hour of training on controlled substance abuse. T or F
True
participation in the testing program is a condition of employment. Refusal, altering, falsifying, obstructing with any part of this directive is subject to termination. T or F
True
GO11/11 (Peer Support Program) - Peer support members have complete confidentiality as in the relationship of doctor or attorney client privileges. T or F
False
what circumstances may require the temporary suspension of a peace officer’s powers or administrative leave?
A) arrest for a felony
B) arrest for a misdemeanor involving moral turpitude, violence, or substance abuse
C) voluntary or involuntary admittance for WI 5150
D) mental stress leave, mental health professional declares employee is unfit for Duty
F) involuntary admittance into a designated health facility for substance abuse addiction as provided in WI 5170
G) other good cause
H) all of the above*
the undersheriff has the authority to:
a) suspend the employees peace officer Powers
b) direct an investigation regarding suspension
c) place an employee on administrative leave
d) confiscate Department issued equipment or property including CCW permits
e) all of the above*
an employee cannot appeal the suspension of Peace officer powers. t or F
False
reinstatement of Peace officer Powers shall be at the sole discretion of:
sheriff & undersheriff
GO 11/07 (performance evaluations of regular employees) - All employees shall be evaluated whenever they are transferred to another division. T or F
True
probationary employees shall be evaluated _____ times during their probationary period:
3
a special evaluation will be completed whenever special circumstances exist where by it is in the best interest of the employee or the department to do so. T or F
True
If the change in division is _____ days prior to/or _____ days after the annual evaluation due date, the annual evaluation will count as both annual and the reassignment evaluation
30-30
performance evaluations will consist of:
a) a pre-evaluation meeting
b) a written performance evaluation
c) a post evaluation meeting
d) all of the above*
An employee is required to sign the evaluation
False
employees shall have ___ days from the date the completed evaluation was given to the employee to file a written rebuttal
30
copies of the performance evaluation go to
a) original to the employee
b) division work file
c) division personnel file
d) Master personnel file
e) all of the above**
employees who have a close personal relationship can work in the same unit. T or F
True
A close personal relationship employee CAN supervise another close personal relationship employee. T or F
False
GO 11/09 (Employee Death) - Who forms the Family Death Notification Team
D) Division Commander**
the family death notification team shall consist of:
A) highest-ranking sheriff’s department employee available
b) ssd employee who maintained a close relationship with the deceased
C) the department chaplain
e) A, B, and C**
the family death notification team shall NOT consist of more than how many people?
3
who is responsible in assisting the employees family with Benefits program?
C) employee relations officer
an employee who becomes aware of a significant change in another’s employees normal behavior ( iea change which may indicate an emotional problem or substance abuse) shall do the following
immediately report the behavior to the observing employees supervisor*
the department expects that supervisors and employees can reasonably identify behavioral and emotional changes. T or F
True
a supervisor, if comfortable, shall attempt to conduct psychological counseling with the employee. T or F
False
the three types of counseling intervention that fall under VOLUNTARY psychological counseling intervention include: Level 1
Level 1:
behavioral indicators: none//
Affects job performance: none// S
upervisors role: training of employee or none//
degree of employees choice: total //
Degree of confidentiality for employee: complete
the three types of counseling intervention that fall under VOLUNTARY psychological counseling intervention include: Level 2
Level 2: behavioral indicators: mild//
Affects job performance: not sufficient to warrant formal discussion//
Supervisors role: make suggestions regarding counseling //
degree of employees choice: total //
Degree of confidentiality for employee: complete
the three types of counseling intervention that fall under VOLUNTARY psychological counseling intervention include: Level 3
Level 3: behavioral indicators: definite behavioral indicators//
Affects job performance: moderate, improvement necessary//
Supervisors role: employee put on notice, suggests counseling//
degree of employees choice: total //
Degree of confidentiality for employee: complete
the two types of counseling intervention that falls under MANDATORY psychological intervention not monitored by the department
level 4: behavioral indicators: employee involved in a traumatic on-duty incident//
Affects job performance: not an issue//
Supervisors role: verifies counseling and successful outcome//
degree of employees choice: none //
Degree of confidentiality for employee: for content (typically) but not for attendance
the two types of counseling intervention that falls under MANDATORY psychological intervention not monitored by the department
level 5: behavioral indicators: strong indicators//
Affects job performance: serious decrement//
Supervisors role: informs employee-willing to let employee work it out; verifies attendance//
degree of employees choice: none //
Degree of confidentiality for employee: partial
counseling intervention that falls under MANDATORY psychological intervention MONITORED by the department
level 6: behavioral indicators: strong indicators//
Affects job performance: serious affects; possible start of Fitness for Duty issue//
Supervisors role: requires employee to seek counseling; verifies attendance// d
egree of employees choice: little to none //
Degree of confidentiality for employee: none, dept. involved in content of counseling and treatment plan
Counseling intervention that falls under EMOTIONAL FITNESS FOR DUTY EVALUATION
Level 7: behavioral indicators: severe//
Affects job performance: definite job performance problem//
Supervisors role: initiates fitness for duty evaluation//
degree of employees choice: none //
Degree of confidentiality for employee: none
the results of the fitness-for-duty evaluation shall be forwarded to the chief Deputy concerned, who will take action proportionate with the evaluation findings. T or F
True
for a serious problem, the department can make counseling mandatory in the department can know the content of the counseling sessions as it relates to the problem at hand. T or F
True
if an employee is emotionally and or psychologically unfit to work the employee has a choice in attending counseling and the counseling is confidential. T or F
False
CA Govt. Code 3300
Public safety officers procedural bill of rights
CA Govt. Code 3301
Peace officer definition of rights protections
CA Govt. Code 3302
Prohibited from or coerced into political activities
CA Govt. Code 3303
Officer protections/rules while under investigation by command staff, that could lead to punitive action. “reasonable hour”, no more than 2 investigators, informed of nature of investigation, no foul language or coercion
CA Govt. Code 3304
no officer shall be punished for exercising his rights granted under these chapters or of admin. processes
CA Govt. Code 3305
no adverse comments put into his personnel file w/o having read and signed the complaint
CA Govt. Code 3306
officer has 30 days to respond in writing to adverse comment placed into personnel file
CA Govt. Code 3307
no officer shall be compelled to submit to a lie detector
CA Govt. Code 3307.5
No requirement to have pic on social media/internet
CA Govt. Code 3308
not required to furnish debts, incomes, property, expenses, assets
CA Govt. Code 3309
no locker search except in his presence OR w/ consent OR search warrant OR notified of search to be conducted
CA Govt. Code 3309.5
Department cannot deny/refuse rights in this chapter. If so, Superior Court has jurisdiction
CA Govt. Code 3310
unknown verbage
CA Govt. Code 3311
regarding mutual aid fulfillments of dept/officers
CA Govt. Code 3312
Officer may wear an American Flag on his uniform w/o punishment unless all of the following are in writing: A) Violates rule, regulation, policy B) Specific rules is cited C) A statement that the officer may appeal
