Policy Review #1 Flashcards
If an officer on your shift wants to resolve adverse written findings of a citizens’ complaint investigation or any adverse comments on performance documents (i.e. 100 forms, MODs, Censurable Incident Reports), which of the following are the mechanism for resolution:
Informal Dispute Resolution
Informal Dispute Resolution, Level III, involves a formal “meet and confer” between the CAHP and ___________.
Commissioner of the CHP.
Each level of review for Informal Dispute Resolution must occur within __________ of the issuance of written comments considered adverse to the employee’s performance.
21 calendar days
With regard to a Unit 5, employee filing a formal Complaint against the Department. If the complainant is not satisfied with the decision rendered in ___________, the complainant may appeal the decision within _________ to the Office of the Commissioner. This is the final and last step of the procedure.
Level III, 14 calendar days
The grievance procedure has ________ formal levels. If the grievant is not satisfied with the decision rendered at the previous level, the grievant may appeal the decision within _______________ to the _______________ or his/her designee.
Four: 14 calendar days; Director of the California Department of Human Resources (CalHR).
What is the process to resolve 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 Memorandum of Understanding (MOU):
Grievance
You are the graveyard sergeant in your Area. While reviewing CHP 415s, you observe that an officer on your shift has submitted a CHP 415 requesting OIC pay. Which of the following are required for the officer to qualify for OIC pay:
The Officer must supervise two or more officers for 6 hours or more during a shift.
A _____________ is the process to resolve 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. This procedure does not cover merit related issues.
Complaint
Employees shall qualify for a swing shift pay differential when four or more hours of the regularly scheduled work shift falls between _______ and ________.
1800 hours; 0100 hours
Which of the following is NOT an unfair labor practice:
a. Giving the employee representative all the bad jobs or inundating them with unwanted overtime.
b. Assisting employees in researching background to file grievances.
c. Failing to bargain in good faith.
d. Speaking with an employee about their union activity.
Speaking with an employee about their union activity.
Public Safety Officers’ Procedural Bill of Rights (POBR) applies to all employees of the California Highway Patrol, EXCEPT:
Cadets
The Ralph C. Dills Act was enacted in California to provide which of the following rights:
a. Represented employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.
b. Excluded employees have the right to be represented by an attorney of their choice regarding wages, hours, and other terms and conditions of employment.
c. Managerial employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.
d. Supervisory employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.
Represented employees have the right to be represented by their exclusive representative regarding wages, hours, and other terms and conditions of employment.
Which of the following employee job classifications is considered a “nonsensitive position”:
a. Office Assistant
b. Officer
c. Auto Technician
d. Commercial Vehicle Inspection Specialist (CVIS)
Office Assistant
You are on-duty Sergeant in your Area Office conducting a substance abuse investigation on Officer Jones. You smell the odor of an alcoholic beverage emitting from his person. You observe the Officer and obtain additional observations of alcohol use/impairment. You inform a confirming official of your reasonable suspicion. The confirming official authorizes you to obtain a chemical sample from the employee. Because you suspect solely the abuse of an alcoholic beverage, which of the following chemical tests SHALL you use to obtain a chemical sample:
Breath Test Only
Peace Officer Bill of Rights, which is located in California Government Code, is NOT extended to which of the following job classifications in the CHP:
a. Officer
b. Sergeant
c. Office Assistant
d. Cadet
Cadet
An employee and the employee’s representative may be granted up to _____ hours of release time to prepare for a pre-disciplinary hearing (Skelly hearing):
4 hours
For Bargaining Unit 5, an employee grievance/complaint shall be discussed with the employee’s immediate supervisor. This “Informal Level” discussion must occur within _______ of the event or circumstances occasioning the grievance.
21 calendar days
The Ralph C. Dills Act REQUIRES which of the following:
a. Management to pay union dues, even if unrepresented
b. Management and Union Representatives to meet and confer in good faith
c. Union representatives to receive overtime pay for representing employees outside of normal working hours.
d. A friendly working relationship between management and employees.
Management and Union Representatives to meet and confer in good faith
The Peace Officer Bill of Rights (POBR) entitles public safety employees to all of the following rights EXCEPT:
a. Interrogation must be conducted at a reasonable hour, during normal waking hours.
b. Right to refuse to take a lie detector test.
c. Right to refuse to provide personal financial disclosure.
d. Right to respond to a written adverse comment in his/her personnel file within 15 days.
Right to respond to a written adverse comment in his/her personnel file within 15 days.
The Peace Officer Bill of Rights (POBR) entitles public safety employees to protection from the following behavior by management, EXCEPT:
a. Not allowing an Officer to run for elected office as member of a school board.
b. Requiring the consent of an officer to post his/her photograph on the Internet for any purpose if that officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his/her family.
c. No adverse comments placed in the employee’s personnel file without employee having opportunity to read and sign or refuse to sign the document containing the adverse comment.
d. Employee reassigned to duties that are within the normal scope of his/her employment.
Employee reassigned to duties that are within the normal scope of his/her employment.
Discipline with a suspension of more than 20 days is considered to be what level of review:
Commissioner or Deputy Commissioner
Final level of approval for adverse actions resulting in suspension of six (6) to 20 working days, or the equivalent monthly step reduction, or removal from a specialty pay position (Bargaining Unit 5 personnel), is vested in which of the following positions:
a. Commissioner or Deputy Commissioner
b. Assistant Commissioner
c. Division Commander
d. Area Commander
Assistant Commissioner
A confirming official is always ___________ and may determine reasonable suspicion to conduct an administrative chemical test upon a sensitive employee based upon ____________.
The first designated manager in the supervisor’s chain of command; reasonable suspicion.
Sufficient cause for a confirming official to order a chemical test be obtained from a sensitive employee could be based on all of the following EXCEPT:
a. An industrial accident, red/watery eyes, unsteady gait.
b. Unusual demeanor or appearance and atypical behavior.
c. The odor of alcohol or marijuana on the employee’s breath or clothing.
d. Slow or slurred speech, poor balance, and abnormal work performance.
The odor of alcohol or marijuana on the employee’s breath or clothing.
A memorandum of direction (MOD) is considered what level of progressive discipline:
Corrective Action
A formal written reprimand is considered what level of progressive discipline:
Adverse Action
Preventative action in the progressive discipline methodology is all of the following, EXCEPT:
a. Adequate ongoing training for all classifications
b. Informal counseling regarding substandard performance
c. Referrals to Employee Assistance Program (EAP)
d. Provide fair, engaged, and impartial supervision
Informal counseling regarding substandard performance
You are the graveyard Sergeant for the Bakersfield Area. Officer Jones has been on your shift for one year. Officer Jones’ enforcement activity seems to be within the normal range for the shift but Officer Jones’ has always been one of the enforcement contact leaders on your shift. You decide to conduct a private- closed door discussion with Officer Jones about the unexpected drop in enforcement contacts. During your conversation with Officer Jones, he discloses that he is experiencing marital problems. You refer the Employee Assistance Program to Officer Jones. Your private discussion with Officer Jones is considered:
Preventative Action
The next month, Officer Jones’ has poor uniform appearance, has a major drop in enforcement activity which makes him the lowest in enforcement activity for the shift, and has several verbal confrontations with his fellow officers. You have another closed-door session with Officer Jones and issue him a Memorandum of Counseling with a Bazemore Admonition. Your supervisory actions are considered to be:
Corrective Action
List the six penalties for an adverse action.
Suspension, Dismissal, Salary Reduction within Salary range of class, Formal Written Reprimand, Involuntary Transfer, Demotion.
First Responder Awareness: Nonuniformed personnel who are likely to encounter hazardous materials during the course of their regular duties (e.g., Motor Carrier Specialists and Commercial Vehicle Inspection Specialists) Should or Shall be trained to the level of First Responder Awareness?
Shall
An employee may use leave credits to satisfy a suspension of 5 days or less. For any suspension of 6 days or more, the employee may use leave credits to satisfy up to what portion of the suspension period.
Half
All employees can use leave credits to satisfy an adverse action penalty of suspension or step reduction except who?
Cadets
True/False In exchange for approval of this request (using leave credits to satisfy a suspension), the employee shall agree to waive all rights to appeal the adverse action?
True
May officers obtain warrantless blood samples from unconscious DUI suspects where the suspect’s condition and other factors exist that would significantly delay the process of securing a search warrant?
Yes
Officers holding their bicycles perpendicular to the crowd and using the bicycle as an extension of their body to push the crowd out of an area constitutes / does not constitute a use of force
Does not
Name the 4 Goals of the Strategic Plan?
Protect Life and Property
Enhance Public Trust Through Superior Service
Invest in our People
Anticipate Public Safety and Law Enforcement trends and Provide Assistance to Allied Agencies
What ranks are required to carry the approved departmental impact weapon?
Sergeants and Officers
After receiving the initial RCB training by a Division OST instructor, what impact weapon(s) are authorized to be carried on duty?
Only the RCB, unless assigned to SRT.
The CHP 415 is accessed through ATS. The CHP 415 must be completed within what time frame?
Within 24 hours of the end of each work shift, except for full day absences.
On the first workday of the FLSA period, what dates shall be projected on the ATS calendar?
Regular Days Off (RDOs) and Project Leave
Supervisors should review and approve a CHP 415 within what timeframe?
Within 24 hours of the end of the employee’s shift
There are 4 types of CHP 415 in ATS. What are they?
Regular, Overtime, Leave, RDO
True/False. When an enforcement contact results in the issuance of a CHP 215, Notice to Appear, a line entry SHALL NOT be made for any subsequent verbal warning issued or service performed on the same stop/individual.
True
Policy requires an original document be served to an employee for which adverse actions?
Notice of Adverse Action
Portable Document Format (PDF) is now considered an original document if served in what manner?
PDF sent via email to involved command
The DMV has stopped issuing the 10 year driving record (H6). What document must a School Bus Officer or Coordinator require instead?
A Driver Record printout obtained from the DMV
The School Bus Officer will allow how much time for all written rules and regulations tests, including the First Aid test?
50 minutes each
After three failed First Aid tests, the applicant is disqualified. How long must they wait to reapply?
45 days
The California Special Driver Certificate applicant gets how long for their pre-trip inspection?
35 minutes
What is the maximum amount that is allowable for an “X” number?
Under $10,000 ($9,999)
As defined by the Penal Code, what is a “Fixed place of detention”?
Jail, Law enforcement station, office
Are custodial interrogations of a minor suspected of murder required to be video recorded in entirety?
Yes
During collision investigations that may result in a charge of 187 PC, the custodial interrogation of a suspect should/shall be conducted in a fixed place and should/shall be electronically recorded?
Shall/Shall
What is the Departments Occ Safety Program goal for preventable deaths, preventable Departmental aircraft crashes, preventable disabling injuries and accidental discharges?
0
What are the 5 categories of Occ Safety Goals for each office?
- Preventable Injuries
- Preventable marked P/V TCs
- Preventable unmarked P/V TCs.
- Preventable special purpose (MCS, MRE, 4x4) TCs
- Preventable MC TCs
How shall monthly commercial activity of officers and CVIS’ be tracked?
The Interis inSPECT report for the previous month
By which date is an Interis inSPECT document required to be submitted to an employee’s immediate supervisor?
5th of the following month
GO’s shall not exceed how many numbered pages including annexes and appendices.
25
Highway Patrol Manuals establish ___________, assign _______________, and contain procedures that direct personnel on how they are to perform their duties.
Policy, Responsibility
Management Memorandums are good for up to what period of time from their effective dates and provide temporary directives, policy and regulatory material.
9 months
Comm-net messages shall be placed in the appropriate publication within how many days of the date of message.
30 days
Staff, board, Committee, Conference Minutes must be placed in a permanent publication (manual) after how many months to remain in effect.
6 months
Publications SHALL be reviewed by the OPI every how many months?
6 months
Comm-net messages that contain policies or procedures, expire how many calendar days from the date of the message.
90 calendar days
Policy and procedures of the Comm-Net message shall be incorporated into an HPM, GO, or MM and submitted to the appropriate Assistant Commissioner’s office within how many calendar days of the of the original Comm-Net message for approval.
45 calendar days
When the public demands a printed publication the request shall be referred to which office?
Publications Unit
A complete revision shall occur when how much of the publication or manual chapters contain changes?
50% or more
Management Memorandums may be extended one time, on a case-by-case basis, for an additional how long? The extension request shall be submitted and approved prior to what?
6 months / the original expiration date
An CHP 47 Information Bulletin (IB) is the required medium for transmitting communications that are strictly WHAT in nature?
Informational
What is the maximum allowable time to act on correspondence?
15 business days
Which format shall be used for correspondence between state agencies?
CHP 51WP (Memorandum)
Which format shall be used for outside of state agencies?
CHP Letterhead
Who is the approving agency for all correspondence to members of Congress or the President’s Cabinet, requests for Congressional Action, or any other federal official?
California State Transportation Agency
Which office shall be coordinated with for correspondence replying to inquiries from members of the legislature?
Office of Special Representatives
What is the reference source used to determine rules for punctuation, capitalization, spelling and grammar?
The Gregg Reference Manual
What are the four elements that shall be used on all headquarters correspondence?
Signer’s Location Code
Signer’s ID
Composer’s ID
OPI Location Code
Single paragraph correspondence shall be _________ spaced. Multiple paragraph correspondence shall be _________ spaced
Double / Single
“Attachment(s)” or “Enclosures(s)” shall be shown two lines (one blank line space, type on the second line) below the signature block flush with the left margin. Attachments are used for __________ and enclosures are used for ___________.
Memorandums / Letters
A category 1 correspondence is conducted on what type of document?
CHP51WP (Memorandum)
The California Highway Patrol (CHP) letterhead (CAT II) is used when preparing correspondence in letter format to whom?
Non State Agencies
What mail carrier shall be used for mailing a letter from one office to another unless tracking or insurance is required?
USPS
When shipping overnight packages from the field office which carrier is preferred?
UPS
Who is responsible for developing, coordinating and administering employee relations policies and procedures for the Office of Commissioner?
Office of Employee Relations
Under the Dills Act, represented employees have the right to be represented by their exclusive representative regarding what 3 things?
Wages, hours, and other terms and conditions of employment
Do supervisory employees have the right to be represented regarding all matters related to employment conditions and supervisory employer-employee relations?
Yes
The Supreme Court decision that 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 is known as what rule?
Weingarten Rule
All managerial, confidential and supervisory employees and all civil service employees are known as what type of employees?
Excluded
An employee who is not designated as supervisory, managerial, confidential, or excluded under the Dills Act, another name is rank-and-file employee, is known as what type of employee?
Represented
If there is a conflict between departmental policy and provisions of a negotiated contract, which is controlling (which one trumps the other)?
The Contract
Are Supervisory employees entitled to bargaining units, exclusive representation, contracts, or have the right to file an unfair labor practice charge?
No
When an employee representative is acting in that capacity, they are on _______ _______ with management?
Equal Ground
What is the role of the supervisor?
Directs the work force towards accomplishing the department’s goals and serves as management’s contact with departmental employees.
Who must a representative receive approval from to access a work location?
Area commander or designee
Who must a representative obtain permission from to engage in representational matters to engage, during working hours, in a business relating to representational matters?
Immediate Supervisor
In what circumstances may access of a CAHP representative be denied/delayed to a work location?
Safety, Security, work load requirements, other legitimate circumstances.
What should happen if a CAHP representative is denied access to a work location?
Reasonable alternatives should be provided
Who may post on an employee organization bulletin board and what may be posted on the bulletin board?
A recognized employee organization (squad club)
-notice/results of meeting
-elections and their results
-recreational/social events
-official business
What shall be on any materials posted to the bulletin board? Who shall the materials be provided to?
The date and initials of the organization representative. A copy shall be provided to the commander.
What should happen if management wants to remove material from an employee organization bulletin board?
A reasonable effort should be made to contact the organization to explain the reason. Management retains final authority for removal.
When may employees participate in Union activity?
During non-working hours
May Union Representatives use office phones? State Vehicles? Department’s Internal Mail System?
Yes/no/no
What is State Release Time and who can approve it?
State time used for representational purposes permitted by contract or policy. Immediate supervisor.
May travel time be authorized during the use of State Release Time? Are travel expensesauthorized? May overtime authorized?
Yes, if it can be accomplished within the amount of authorized State Release Time / No / No
An employee may use State Release Time during assigned work hours. A reasonable amount for grievance/complaint representation. What amount of time is considered reasonable?
4 hours
Is an Excluded Employee authorized to use State Release Time to represent another Excluded Employee, if so, when may this State Release Time be used?
Yes / During the excluded employees normal work hours
Requests for the use of state release time for meet and-confer purposes shall be submitted to the appropriate commander. Such requests should be submitted HOW and should include WHAT 3 Items?
In writing
-the subjects to be discussed
-the number of persons planning to attend
-the names of departmental employees for whom state release time is requested
When submitting for the use of State Release Time, in what hour increments may State Release Time be used?
0.5 hour increments
What is the first level in the grievance/complaint process?
Informal
Are employees entitled to the Confidentiality during the grievance/complaint process?
Yes
If a formal written grievance / complaint is submitted prior to an informal discussion the command should do what?
Return the grievance / complaint to the employee
A formal grievance / complaint contains what three elements?
Alleged Violation
Statement of the Problem
Proposed Remedy
Processing a Grievance / Complaint – Step 1: A copy of the formal grievance/complaint, the first level response, and all pertinent documentation necessary to investigate the issue in dispute shall be forwarded to the respective Division and the Office of Employee Relations
(OER) within _____ after issuance of the response.
5 days.
Documentation: Grievance records shall be retained at the affected command for a period of _____ following the date of the final action.
3 years
Documentation: Complaint records shall be retained at the affected command for a period of _____ following the date of the final action.
1 year
A grievance/complaint by a represented employee must be filed with the immediate supervisor within how many days of the causing event? How many days does the supervisor have to respond after the informal discussion?
21 calendar days / 7 calendar days
If a represented employee does not agree with the immediate supervisor’s decision they may appeal within how many days to the Area Commander? The Area Commander has how many days to respond to the appeal?
7 calendar days / 14 calendar days
Which employees are expressly excluded from collective bargaining by the Dills Act?
managers, supervisors and confidential employees
Prior to removing an employee for cause from a specialty pay position, requires approval from who?
Approval from appropriate assistant commissioner
Name the 4 specialty pay positions?
Motor Officer
Pilot Officer
Bilingual Officer
ISU Officer
What are the two reasons (processes) an employee can be removed from a specialty pay position?
For Cause / Adverse Action
If an employee will be removed from a specialty pay position for cause what type of file must be completed to establish cause and provide the appropriate documentation?
Specialty Pay Removal File
The effectiveness of the substance testing program is dependent on the Department’s ability to justify its actions and demonstrate a proper application of the policy. The following elements are critical if the program is to be successful: (Name the six C’s)
Consistency, Confirmation, Collection of Sample, Chain of Custody, Control of Quality, Contracts
The state’s substance testing policy requires the involvement of specified managers at least one rank above the supervisor establishing reasonable suspicion in all substance tests to confirm reasonable suspicion exists before any sample can be collected. These managers are to make certain the policy is properly applied and the test appropriately administered. They are known as what?
Confirming official
Supervisors who suspect substance abuse by non-sensitive employees are encouraged to support their observations using the same criteria used to establish reasonable suspicion for sensitive positions. Since a chemical test will not normally be part of the investigation, it is essential that the supervisor’s final determination be based upon what?
Specific Articulable Facts
Name the 14 sensitive positions?
Peace Officers, Cadets, Auto Mechanics, Auto Technicians, CVIS, PSD/PSO, PSD Supervisor, Gunsmith, Heavy Truck Driver, Lead Auto Mechanic, Lead Motorcycle Mechanic, Motor Carrier Specialist, Motorcycle Mechanic, School Pupil Transportation Safety Coordinator
Supervisors investigating suspected substance abuse must remain aware of possible criminal violations. If the supervisor believes criminal violations(s) exist which should be conducted first a criminal investigation or the administrative investigation?
Administrative Investigation
If the Substance Abuse Investigation Interview is conducted, the supervisor should keep in mind the employee’s rights under the POBR. During pre-field sobriety questions, the questions are limited to what?
Only those pertaining to the employee’s possible need for medical attention should be asked.
What is the only authorized chemical test an employee suspected of being under the influence of alcohol may be administered? Suspected of being under the influence of drugs?
Breath Test/ Urine Test
When evaluating an employee who is believed to be under the influence, from the moment reasonable suspicion is developed until the time a sample is provided, the employee should remain under what?
Continual Supervision
During a sample collection from an employee suspected of being under the influence, ensure at least what amount of urine is collected (to be split into two containers after collected)?
60 ml or 2 oz
After employee substance testing, all positive results will be communicated to who for further evaluation. In this instance, that person will attempt to contact the affected employee directly for information (such as legal prescriptions) to determine if there is a legitimate medical explanation for the positive test?
Medical Review Officer
Under the substance abuse when an employee is tested for alcohol use, what amount is considered a positive test? Under the inconsistent and incompletable policy what is considered amount is considered a violation of the policy?
0.04% BAC, Any Detectable Amount
An employee in violation of the substance abuse policy whose violation is for alcohol only will be ordered to go home. If alcohol is the only violation, when may the employee return to work?
The next work shift as long as the alcohol is fully dissipated.
What device MAY NOT be used to develop reasonable suspicion of an employee under the influence?
PAS
CalHR requires that a “reliable informant” in developing reasonable suspicion be a __________ who is willing to testify on behalf of management.
Uniformed Peace Officer
Employees suspected of being under the combined influence of alcohol and a drug(s) be required to submit which chemical test?
Breath and Urine
Substance testing experts believe the best time to collect a urine sample is within how many hours of the initial observation?
2 to 4 hours.
When a supervisor has been authorized by the confirming official to conduct the substance test what 7 steps must be followed in regards to the collection of the sample?
Obtain sample kit from Sgt. Office
Complete the checklist and chain of custody form
Collect the sample
Ensure 60 ml or 2 oz
Secure in a locked evidence locker
Make Arrangements with the designated courier service for sample delivery
Notify the Office of Internal Affairs Substance Testing Coordinator
Are employees permitted to drink water for the purpose of aiding them in providing a sample?
Yes as long as it is supervised
The supervisor collecting the sample must be what and do what as the sample is being collected?
Be the same sex and watch the sample leave the body
If an employee refused to cooperate anytime during the substance testing process the supervisor shall advise them of what?
The employee shall be ordered to cooperate and advised that failure to do so may subject them to disciplinary action for insubordination.
When a sample is collected the Office of Internal Affairs Substance testing coordinator shall be notified within what period of time of the sample being collected?
48 hours
Is the employee entitled to representation during any conversation with the Medical Review Officer about the sample?
Yes
If, after how many days, the Medical Review Officer is unable to reach the employee directly (and no exculpatory information was provided by the employee via memorandum), the test be considered a “Positive by non-contact.”
7 days
If an employee is suspected of being under the influence of both drugs and alcohol, which chemical test will they be required to submit to?
Breath and Urine
Once the confirming official approves the supervisor’s reasonable suspicion, the supervisor should do what next 6 things?
(1) Inform the employee that a decision has been reached to administer a substance test.
(2) Assure the employee that the sample will be collected in a proper setting.
(3) Advise the employee of the possible consequences of a positive test, which could include termination from state service.
(4) If the employee refuses to cooperate, inform the employee that this
refusal will result in a request for adverse action and could lead to termination from state service.
(5) Make arrangements for testing and, if necessary, transportation.
(6) If a uniformed employee is involved, take and secure the employee’s duty belt and weapon until such time as the employee is released to duty.
When a sensitive position employee is suspected of being under the influence of drugs after completion of the chemical test, when may the employee return to work?
Not until the results are known
After completing the substance testing of an employee suspected of being under the influence, the employee shall be provided what explaining both the supervisor’s role and the employee’s rights relative to substance testing. Along with the memorandum provided to the involved employee, a list of items explaining substance testing, results, and employee assistance shall also be provided?
A memorandum.
Positive test results and the documented reasonable suspicion will become part of the request for an Adverse Action File and maintained for what period of time?
5 years
The CHP 202X Reasonable Suspicion Report, unless not reasonable possible, should be provided to the involved sensitive position employee within what period of time?
48 hours
Commercial Vehicle drivers for the Department who are in a qualifying collision should be drug tested within what period of time?
32 hours
How much time should an inquiry for an applicants previous time of employment include for a ‘Non-Sensitive’ position? How much time should an inquiry for an applicants previous time of employment include for a ‘Sensitive’ position?
1 year / 3 years
When a departmental supervisor or manager is notified of or discovers alleged misconduct on the part of an employee, notification to the next level in the chain of command shall be made when? If the alleged misconduct is egregious, the supervisor or manager shall make notification when to the succeeding level in the chain of command?
As soon as practical / Immediately
POBR stands for what?
Public Safety Officers Procedural Bill Of Rights
Name the 6 Adverse Action Penalties:
Formal Written Reprimand
Suspension
Salary Reduction Within Pay Scale
Demotion
Involuntary Transfer
Dismissal
How many days can an employee be Absence Without Leave (AWOL) before its considered an automatic resignation?
5 consecutive work days effective the last day the employee worked
Employees shall be notified that misconduct for which they are being counseled may be charged in a future adverse action if the written document contains what admonition? And shall be contained in which document?
Bazemore / Memorandum of Direction
The process by which an employee who was considered AWOL has the opportunity to present information to an impartial and uninvolved departmental member with the authority to recommend a final disposition is called?
Coleman Hearing
An admonishment given in administrative interrogations which advises the subjects of the interrogations that they do not have the right to refuse to answer administrative questions is known as what?
Lybarger Admonishment
What are the two expectations of supervisors and managers in regards to progressive discipline?
Ensure employees are informed of expectations
Recognize those individuals who are meeting or exceeding standards
Name the eight options on the progressive discipline wheel?
Verbal Counseling
CHP 100/112 Memorandum of Counseling
Memorandum of Direction
Censurable CHP 2
Denial of Salary or Rate Change
Interim Reporting
Rejection During Probation
Adverse Action
In an adverse action what rank shall the investigator be?
At lease one rank higher than the involved employee
There are two accepted methods for conducting a criminal
investigation without negatively influencing the corresponding administrative investigation, what are they?
Concurrent and Consecutive
Can criminal investigators participate in administrative interrogations?
No
Once this type of interrogation has been conducted, the administrative and criminal investigators shall not have any further contact regarding the investigation until all criminal aspects have been resolved. What type of interrogation is this referred to?
Administrative
When an allied agency is conducting the criminal investigation, its report may be used by the Department as a starting point for the administrative investigation. For uniformed employees, a copy of the criminal investigation and/or arrest record shall be included with the administrative investigation. For non-uniformed employees, can arrest reports which have not resulted in a conviction be included in the investigative file?
No
In what 3 situations shall a non-uniformed employee be administratively investigated?
Criminal conduct resulting in a felony conviction
Criminal conduct resulting in a misdemeanor for moral turpitude
Criminal misconduct where the employee has established a nexus to the department.
Within how many days does the area and division commander have to forward the investigation to OIA?
60 calendar days
The decision to consent to an interview with an outside investigation regarding a civil rights investigation shall be at the sole discretion of who?
The employee being investigated
Adverse action shall not be undertaken against an employee for any act, omission, or other allegation of misconduct if the investigation is not completed within how long of the Department’s discovery of the allegation by a person authorized to initiate an internal investigation?
1 year
A probationary employee must be served with a notice of rejection during probation prior to when, allowing time for the pre-disciplinary hearing.
The last day of the probationary period
The employee under investigation shall not be subjected to visits by the press or news media without the employee’s express consent, nor shall the employee’s what 2 things NOT be given to the press or news media without the employee’s consent?
Home address or photograph
Should a Citizens’ complaint investigations normally be COMPLETED before or Investigated CONCURRENTLY with an administrative investigation which results in an adverse action or rejection during probation?
Completed before
When an employee is placed on a leave of absence without pay, the investigation must be completed, reviewed, and the employee served with the notice of adverse action within how many calendar days?
15 Calendar days
A Department-initiated leave of absence may be terminated at any time by providing the employee a notice within what period of time?
48 hours
During the course of an investigation, allegations of discrimination, harassment, and/or racial profiling may be made or discovered. Appropriate notifications shall be made to Division and the Office of Equal Employment Opportunity (OEEO). Should the allegations be made part of the current investigation or should a separate investigation be conducted?
Separate Investigation completed consecutively or concurrently
The first actions of the investigator can have a profound effect on the
outcome and quality of the investigation. Careful planning and good case
management skills are essential to any successful investigation. The investigator shall meet with the commander (or designee) and establish a what?
Investigative plan
Once the investigative plan has been established the supervisor shall begin a detailed account of all actions taken and evidence obtained from the time Area became aware of the misconduct until the investigation was completed is known as a what?
Chronological summary
In order to ensure an investigation is conducted in accordance with policy and law, investigators should review what?
POBR
Managers, supervisors, or other authorized personnel may only review non-threshold event video recordings under what 3 circumstances:
Employee responsible for the MVARS event voluntarily agrees to viewing
Prior PRA or discovery request
For the purpose of proving or disproving specific allegations of misconduct
Evidence pertaining to an administrative investigation shall be stored for a minimum of what period of time?
5 years
Under what 4 circumstances may an employee’s locker be searched?
In the involved employee’s presence
With the involved employee’s consent
After a valid search warrant has been obtained
The employee should be provided a reasonable opportunity to respond to the Department’s search location and observe the search
All statements from departmental employees who are interviewed as witnesses during internal investigations shall be RECORDED or SUMMARIZED on a Confidential Memorandum?
Both
Prior to conducting an interview with an employee regarding potential criminal acts, investigators shall issue what?
Miranda Warning
During a criminal interrogation are employees required to answer questions? During a administrative interrogation are employees required to answer questions?
No / Yes
Prior to the administrative interrogation the involved employee shall be provided official what and covering what?
Notice of interrogation covering the full scope of questioning
The Notice of Administrative Interrogation shall contain what 4 elements?
Scope of the interrogation
Rank, name, and command of the lead and assistant interrogator
Date, time and location of the interrogation
The right to representation
At the conclusion of the interrogation (but while still being recorded) the investigator shall advise the employee the investigation is ongoing and order the employee what?
Not to discuss the interrogation or investigation with anyone other than a chosen representative, attorney, commander (if not party to the investigation) or investigators assigned.
In accordance with Evidence Code § 970 - 981, the marital privilege exempts a married person from having to testify against a spouse in any proceeding. The intention of the martial privilege is to protect confidential communications between two individuals at the time they were in a marital relationship. Does marital privilege exist when both spouses are
uniformed members of the Department?
No
Government Code § 3306 Admonition, Employees covered under the Public Safety Officers Procedural Bill of Rights Act (POBR) have the right to submit a written response within how many days?
30 calendar days
When an internal investigation originates as the result of information reported by another departmental employee how many days do you have to provide the reporting employee any closing documentation?
30 calendar days
This hearing allows the affected employee an opportunity to respond prior to the imposition of discipline (Rejection during probation, or termination, or reassignment for medical reasons as required by state). What type of hearing is this?
Pre-disciplinary hearing
Who is responsible for scheduling the Pre-disciplinary hearing?
The effected employee
If an employee separates from the Department during an administrative investigation, the file shall be converted to what type of investigation?
Miscellaneous Investigation
What happens during an administrative investigation if an employee begins short-term military leave prior to the completion of the investigation?
The employee shall be provided a memorandum advising the one year timeframe for completion and service of the investigation has been paused due to the employee’s unavailability
Travel time of up to how many hours is approved for a scheduled employment interview for any state civil service employment list.
8 hours
A CHP 127 package may be submitted via e-mail up to, but not exceeding, HOW MANY days in advance of an anticipated nonuniformed position vacancy?
90 calendar days
Vacant nonuniform positions shall be advertised for a minimum of HOW MANY calendar days in accordance with Title 2, CCR Section 249.2. The advertisement is valid for HOW MANY days from the posted date. If a conditional offer of employment has not been made within that time frame, the vacant position shall be re-advertised?
10 calendar days / 180 calendar days
Hiring Command. Hiring supervisors and managers shall electronically review all applications received, apply the preestablished application screening criteria to all applications, and update the hiring actions IN WHAT SYSTEM for all applicants?
The examination and certification online system (ECOS)
Minimum Response Time Frames. In accordance with Title 2, CCR Section 258, when establishing the time periods for eligibles to reply to an employment inquiry, the following minimum time frames shall apply.
(1) Verbal/Telephone: A minimum of HOW MANY business days response time following the initial contact, including a voicemail message.
(2) Mail: A minimum of HOW MANY business days after the date the written notice is
sent.
(3) Electronic: A minimum of HOW MANY business days after the date the electronic
notice is sent.
(1) 2 business days
(2) 6 business days
(3) 6 business days
A former uniformed employee must apply for reinstatement to a uniformed position within how many years of separation?
3 years
What is the maximum travel distance from residence to work location for noncommand employees using a state vehicle?
50 miles
How many days of service in a pay period must an employee work to be considered a complete pay period?
11 days
How many hours must a probationary employee work during a 6 month probationary period? A 12 month probationary period?
840 hours / 1680 hours
During a probationary period is vacation and military leave counted towards total hours worked while on probation?
No
When an employee is on military leave what period of time is considered short-term military leave?
6 months or less
When must a permanent or probationary employee return to state service after short-term military leave?
Within 14 days after the end of the military leave
What is the effective date of long-term military leave?
Within 90 calendar days after the last day the employee physically worked
Government Code (GC) Section 19838 requires the state to recoup salary overpayments; however, action to recoup an overpayment cannot be taken unless the action is initiated within how many years from the date of the overpayment, and the recoupable amount must not exceed what percent of the employee’s monthly net disposable earnings.
3 years / 25%
In what five ways can an eligible employee receive Catastrophic Leave?
Annual leave, vacation, CTO, personal leave, and/or holiday credits (not sick leave)
Catastrophic Leave Donations: The donating employee must maintain a minimum of how hours of paid leave time to be eligible to donate.
80 hours
In what three ways can Catastrophic Leave be used?
For illness or injury of an employee
For illness of a qualifying family member
For an employee significantly impacted by a natural disaster
Donated credits will be credited to the employee’s account in what hour increments and will be reflected as an hour-for-hour addition to the vacation/annual leave balance of the receiving employee.
1 hour increments
How many days does an employee have to submit a memorandum stating they canceled their secondary employment?
10 calendar days
If an employee refuses to sign a censurable CHP 2, what shall the supervisor indicate in the employee’s signature box if anything?
Refused to sign
How long shall a CHP 2 written reprimand be maintained in an employee’s field folder?
3 years
A new ESA ID card will be issued every how many years at the time of the employee’s annual performance appraisal?
Every 5 years
Employers shall permit an employee to use, in any calendar year, an amount not less than the sick leave that would be accrued during how many months or hours at the employee’s current rate of entitlement to attend to the illness of a child, parent, spouse, or domestic partner of the employee.
6 months / 48 hours
If an employee takes time off for a state civil exam, evaluation for duty, entry into military service, or a SCIF appointment, the absence PAID or UNPAID time off.
Paid
The charge to bereavement leave shall not exceed HOW MANY eight-hour days for any one occurrence. Bereavement leave may only be used in increments of WHAT NUMBER of hours. If the death occurred outside the state, an additional HOW MANY days may be requested and shall be charged either to the employee’s sick leave or leave without pay.
3, 8 hour days
1 hour
2 days
A Commander shall provide at minimum a 30 minute to one hour meal period for an employee who works at least how many hours in a shift?
5 hours
A Commander may grant up to 15 minutes of rest periods for every four hours an employee works. The total time for rest periods per shift shall not exceed how many minutes?
25 minutes
Overtime will be credited on a what hour basis with a full quarter hour credit to be granted if half or more of the period is worked. Smaller
fractional units will not be accumulated.
One quarter
Overtime for officers and sergeants on the 8.5-hour work schedule is defined as all hours worked in excess of how many hours in a 28-day work period.
170 hours
Overtime for officers and sergeants on the 9.5-hour schedule is defined as all hours worked over how many hours in a 28-day work period. Each employee working this schedule shall be credited with either one-half hour or 1 hour of CTO at straight time for time worked more than how many hours, but less than 171 hours every 28-day work period
171 hours / 170 hours
Nonuniformed employees may earn up to how many hours of CTO. Hours earned in excess of how many hours shall be converted to paid overtime? Officers and sergeants may earn up to how many hours of CTO?
240 hours / 480 hours
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 how many hours in any 24-hour period.
16.5 hours
Employees who are called back to work during their regular shift hours on a day that they are officially on leave credit (sick leave, vacation/annual leave, or CTO) shall be credited with a minimum of how many hours work time?
4 hours
An overtime meal allowance of $8 may be provided only when an employee is required to work how many consecutive hours prior to or how many consecutive hours after the regular work shift?
2 hours / 2 hours
An employee shall be allowed time off with pay for an employment interview scheduled during the employee’s working hours with any department when the employee’s name has been certified for a position from any state civil service employment list. Departmental policy allows a reasonable amount of travel time up to how many hours for such interviews. If the employee is on vacation, annual leave, CTO, PLP, or holiday credit, no restoration of credits will be made.
8 hours
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) require employers to provide up to _____ weeks of unpaid, job-protected leave during a ____-month period for eligible employees for specified family and medical reasons.
12 weeks / 12 months
Supervisors shall be responsible for completing and providing an employee with the CHP 738 within how many business days after the employee has submitted a request for an FMLA/CFRA leave or the supervisor becomes aware the employee’s leave may qualify for FMLA/CFRA. Supervisors shall be responsible for completing and providing an employee with the CHP 739 within how many business days after the employee has submitted the applicable completed medical certification form.
5 business days / 5 business days
The CHP 738 informs the employee whether or not the employee is eligible for an FMLA/CFRA leave based on the eligibility requirements of having worked 12 months and at least how many hours in the previous 12 months.
1250 hours
Regardless of whether or not FMLA/CFRA is to be continuous or will be taken intermittently, an employee must provide their supervisor at least how many days advance notice before FMLA leave is to begin if the leave is foreseeable?
30 days
To be eligible for FMLA/CFRA benefits, an employee must have at least 12 months (52 weeks) of state service, and have worked at least 1,250 hours (actual time worked) immediately before the date the FMLA/CFRA leave is to start. Sick leave, vacation/annual leave, administrative time off, compensating time off, holidays, informal time off, or personal leave, any paid leave due to job-related injuries or illness will not be counted towards the 1,250 hours of work. Which of the 3 ARE counted in the 1250 hours FMLA qualification?
(1) Overtime hours
(2) Time off for military leave
(3) Union Paid Leave
All of them are counted toward FMLA
Authority for incident command at hazardous materials events is
defined in:
2454 CVC
8574.17 GC
CA Hazmat Incident Contingency Plane
“Designated employees”; are required to report incidents to County Health Officers and Boards of Supervisors if there is a reasonable belief that the release or threatened release poses substantial present or potential hazard to human health, safety, property or the environment, within their jurisdictions. Notification of the County Health Officer and the Board of Supervisors must be made ________ of the employee’s knowledge of the incident.
72 hours
It is not necessary to report spills of fluids incidental to the operation of a motor vehicle (e.g., gas from the fuel tank, oil from the engine, or coolant from the radiator) less than _______ total that are wholly contained within the paved portion of the highway and promptly cleaned up and disposed of by Caltrans (or county roads/public works).
42 gallons
CHP 407E - Hazardous Materials Incident Report. Requirements for Completion. A CHP 407E shall be completed for all hazardous materials incidents and suspected hazardous materials incidents resulting in a response by an employee of this Department, except as described in paragraph 6.b. of this chapter. The CHP 407E shall be completed and submitted to Division within _____ business days following conclusion of the incident. The original CHP 407E shall be forwarded through normal
channels to CVS within _____ business days following conclusion of the incident.
10 business days
30 business days
Officers are assigned monthly critical task ratings using a three-point rating system on the CHP 100, Officer’s Evaluation/Activity Summary. ____ critical tasks have been identified as essential to performing the job of an officer and are used in evaluating individual performance. These critical tasks and their rating guidelines reflect the expectations of the Department and have been developed to emphasize observable job behaviors of officers in the work setting. An officer’s performance of the critical tasks is to be rated on the three-point system (_______, _______, and
__________).
Eight
Excellent
Proficient
Needs Improvement
The rating system used for the CHP 118, Performance Appraisal – Officer, consists of a three-point rating scale as follows:
Excellent
Proficient
Deficient
CHP 118, Performance Appraisal – Officer. A rating of _______ will _______result in the initiation of interim reporting.
Deficient. Always
CHP 118, Performance Appraisal – Officer. Probationary officers shall receive written performance appraisals within 10 days of _______________________.
the end of 4 months, 8 months and 12 months
California Code of Regulations, Title 2, Section 321, prescribes specific
requirements for completion of the probationary period. If an officer has not worked the required _______ for the probationary period due to absences, the period will be extended.
1680 hours
Area Field Training and Evaluation Program Coordinators (FTEP). Area FTEP coordinators and their alternates are sergeants who administer Area training operations as collateral duties. Each Area assigned a trainee shall provide an Area FTEP coordinator. When an Area is assigned more than ______trainees, the Area will also provide an alternate Area FTEP coordinator.
Two
During Phases I, II, and III, a minimum of ____ hours of training shall be provided per phase. At the conclusion of the four phases, a minimum of ____ hours of training shall have been provided to the trainee. Limbo days (the first day of Phases I, II, and III) are included in the total number of training hours as they are assigned to an FTO on that first day; however, the initial orientation period is not included.
187 hours, 600 hours
Area FTEP coordinator will arrange for all trainees to be interviewed by either the Area commander or an Area management-level designee at the end of the____________. The purpose of these interviews is to ensure field training is conducted in an environment that is free of sexual harassment or other forms of discrimination and the trainee displays an understanding of the Public Trust Initiative.
The first and third phase of training
The ________________ is the recommended reference source to be used when preparing departmental written work. ______________ presents the basic rules for punctuation, capitalization, spelling, and grammar that apply in virtually every piece of writing.
Gregg Reference Manual
Signatures. The original of all correspondence shall be signed in _________.
Blue Ink
Communications Network (Comm-Net) messages are a method by which the California Highway Patrol (CHP) disseminates information throughout the Department. These messages may also be used to establish policy for up to_____________. Communications Network messages must be uploaded to the Communications Network Message System site for CHP employees to view.
90 calendar days
The campaign hat shall be worn by uniformed employees under the following conditions:
Part of formal uniform used at funerals, memorial services, formal personnel inspections, Academy graduations, awards presentations, or as directed by the commander
When performing traffic control (peace officer recognition)
When on the grounds of the State Capitol
Public contact (PIO stuff)
Soft body armor shall be replaced within______________________. The serial
numbers, level of vest, lot numbers, and sizes of each panel shall be recorded in the Employee Training Records System.
5 years from date of manufacture
A(n)_______________ is a conflict regarding the application of a contract or MOU.
Grievance
An injury or illness claim to which there exists substantial evidence to question whether the injury or illness is employment (job) related is considered a(n) _____________.
Questionable Injury or Illness
A person arrested for driving under the influence of drugs ____ be evaluated by a DRE.
Should
A chronological summary is required in which type of complaints:
Category 1 complaints
Radar-certified officers must be recertified _____________.
Each calendar year
Requests for supplemental law enforcement assistance from allied agencies (should/shall) follow the steps of the ______.
Should, mutual aid process
True of False, The Fresh Pursuit Act is applicable to felony and misdemeanor pursuits.
False, Felony’s only, unless there has been a request for interstate mutual assistance
You are the on-duty supervisor; you are notified by dispatch that an allied law enforcement agency is working a homicide adjacent to a freeway. What shall you do?
You shall respond to represent the Department and assist the allied agency IC by managing traffic with minimal disruption to normal traffic.
The exclusive means by which a peace officer’s personnel records can be disclosed in court is by what is commonly known as a:
Pitchess motion
The category of “Other complaints” does not include one of the following:
A. Departmental complaint
B. Citation validity
C. Other agency
D. Rescinded complaint
E. Frivolous complaint
C. Other Agency
A “Minor” adverse action is an action which requests a penalty of ____ days or less or a step reduction in salary for _____ months or less (excluding formal written reprimands)
five days / five months
During field training, what is the maximum number of days a trainee can miss without training being expanded the number of days missed?
Up to two during a phase
True/False: It is not necessary to retain field notes if all of the following conditions are met: The notes are incorporated into a formal report; the report accurately reflects the contents of the notes; the prosecutor turns over a copy of the formal report to the defense prior to the start of trial.
True
Officers _______ (should/shall) not use OC at a distance of less than ________ feet unless an extreme hazard exists, and ________ (should/shall) not aim directly into subject’s eyes at a distance less than ________ feet.
shall 3 feet / should 5 feet
When responding to a custodial facility, the mission of the California Highway Patrol will be limited to:
Prevention of death or injury to a person including inmates or wards and protection of Property
LIMITATIONS. The total petty cash fund shall be limited to $______ and the
change fund shall be limited to $_______.
$300 / $100
Occupational Safety – PHILOSOPHY. The Department is _____________
responsible for the safety of its employees. Safe work conditions and safe work procedures are essential to the efficient functioning of the CHP. The Department is also responsible for ensuring everything possible will be done to protect employees from accidents, injuries, occupational illnesses, and exposures to hazardous substances.
a) legally.
b) morally.
c) Both (a) and (b).
d) sometimes.
c) Both (a) and (b)
Civilians’ Complaints. – Category II Complaints include the following:
Complaints alleging verbal misconduct, nonverbal misconduct (not involving physical contact), and/or complaints regarding matters not related to an employee’s conduct
Civilians’ Complaints. – Category I Complaints include the following:
Complaints alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Category I complaints also include those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct.
Officer Scruffy’s shift ended at 0600 hours. He drives his personal car to the gym on the way home, works out in his gym clothes, and arrives at home around 0730. His neighbor, Ms. Foster, has seen Officer Scruffy conduct multiple traffic stops in town in the CHP patrol vehicle, and recognizes him as her neighbor. Additionally, Officer Scruffy displays the “thin blue line flag” in his window of his residence. As Ms. Foster sees Officer Scruffy arrive home, she yells at him from across the street, “You
better take that flag down out of your window!” Officer Scruffy yells back at Ms. Foster to “Fuck off!” Ms. Foster contacts you, as the newly promoted Sergeant to your Area, to file a Civilians’ Complaint. You should:
A nexus to employment by the Department was not established by Officer Scruffy. The fact Ms. Foster is aware of Officer Scruffy’s position does not alone provide a nexus to the Department.
Civilians’ Complaints: The normal suspense period for complaints received at the command, or forwarded from Office of Internal Affairs, is _____ days. The suspense period for legislative complaints is ______ days.
60 days / 30 days
Citizens’ complaints which originate while an employee is in training at the Academy will be the responsibility of the _________________.
The Academy Commander
Corrective Documentation To Employee. Any corrective documentation issued to an employee as the result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of ________ , commencing from the date of issue.
3 years
Complaint Investigations. Category I, Category II, and Other complaints shall be destroyed after a period of _________, commencing from the date the Department originally received the complaint.
5 years
Six-Month Probationary Period. Employees on a 6-month probation shall receive written appraisals at 2 months, 4 months, 6 months, and more frequently as necessary. An employee serving a 6-month probationary period must work a minimum of ______ hours during the 6-month period.
840 hours
Twelve-Month Probationary Period. Employees on a 12-month probation will receive written appraisals at 4 months, 8 months, 12 months, and more frequently as necessary. An employee serving a 12-month probationary period must work a minimum of ______ hours during the 12-month period.
1680 hours
Uniformed Employees-Training Required Upon Return from an Approved Leave of Absence. Uniformed employees who are on an approved leave of absence for less than 1 year shall be retrained and recertified at”
Their assigned command
Uniformed employees who are on an approved leave of absence for 12 continuous months to 2 years are required to complete Refresher Training at _________prior to resuming field-related duties at their assigned commands.
The Academy
Uniformed employees who are on an approved leave of absence for over 2 years are required to complete __________________________prior to resuming field-related duties at their assigned commands.
Reinstatement Training at the Academy
