Review Flashcards
What is considered short term military leave?
6 months 180 calendar days or less (HPM 10.3 8-14)
- Under FMLA/CFRA, employees (male or female) are allowed to take up to a total of 16 weeks (in one continuous block or intermittently) of leave to bond with their child after birth. It must be taken within 1 year of the date of the birth.
False, it is 12 weeks
Domestic Violence is defined as abuse committed against an adult or a minor who is a:
spouse, former spouse, cohabitant, former cohabitant, or a person with whom the suspect has had a child or is having or has had a dating or engagement relationship. (HPM 100.69 3-4)
- True or False. The complaint log shall be maintained in a location which ensures it Confidentiality.
True
- At the discretion of the supervisor, an employee may be allowed to use other paid leave credits in lieu of sick leave credits, unless prohibited by the employee’s BU agreement.
True
- The eligibility standards to take the sergeant’s exam are:
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. Work hours expended during the break-in period do not qualify. Enforcement-related duties includes assignment to marked sedans, motorcycles, Mobile Road Enforcement trucks, bicycles, horseback, and aircraft. Special duty positions which directly support enforcement (e.g., auto theft, commercial facilities, task forces, Multidisciplinary Accident Investigation Team) are considered enforcement-related. Any other position which regularly generates enforcement documents is also considered enforcement-related.
- Commanders may grant employees a rest period not to exceed ___ minutes each four hours of their work shift.
15
- In accordance with GO 6.1, Smoking, smoke breaks may be taken in lieu of regular rest periods at the discretion of the supervisor and employee; however, total daily time allowed for smoke breaks shall not exceed the time allocated for regular rest periods, which is:
25
- The following are considered corrective documentation, except:
Comment on a Monthly evaluation (CHP 100)
Memorandum of Counseling
Memorandum of Direction
Censurable CHP 2
- Adverse action penalties consist of:
Formal written reprimand. Suspension. Reduction in salary. Demotion. Involuntary transfer. Dismissal.
- When an employee is absent without official approval, the absence is reported as absence without leave (AWOL). The commander must notify the employee in accordance with procedures. An AWOL is reported on an STD. 634, Absence and Additional Time Worked Report.
False, the AWOL notice is sent on Memorandum to the employee’s last know address.
- When may officers include a charge of Section 273a(b) PC (child endangerment)?
Whenever a person is arrested for a violation of Section 23152 CVC and a person under 18 years of age is a passenger in the vehicle. (HPM 70.4 4-7)
- 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 (except):
a. By resignation
b. By service retirement
c. By termination from limited term, temporary, career executive assignment, or exempt appointment
d. Absence without leave, whether voluntary or involuntary
e. Without a break in continuity of state service to accept another civil service or exempt appointment.
- True or False. All employees, except for legally employed noncitizens, shall, on or before the effective date of appointment and before entering upon the duties of their employment, sign the Oath of Allegiance portion of an STD. 689, Oath of Allegiance and Declaration of Permission to Work for Persons Employed by the State of California.
The answer is True
- True or False. Due to limited housing and/or services at some remote work locations, the Commissioner authorizes departmental personnel permanently assigned to specific work locations the option of residing outside California.
The answer is True
- True or False. After reviewing the complaint investigation, the involved employee and the reviewing supervisor shall complete the employees’ discussion and review section of the original on the Area’s copy of the CHP 240.
True
Search of Locker/Storage. An employee shall not have an assigned locker, or other place for storage, which are owned or leased by the Department, searched unless the search is conducted under any one of the following conditions:
(1) In the involved employee’s presence.
(2) With the involved employee’s consent.
(3) After a valid search warrant has been obtained. If requesting a search warrant, the appropriate prosecuting authority should be consulted after notifying the appropriate Assistant Commissioner.
(4) When the involved employee has been notified that a search will be conducted. The employee should be provided a reasonable opportunity to respond to the Department’s search location and observe the search. (HPM 10.2 11-10)
- 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 days?
15 calendar days (HPM 10.2 4-16)
- Commanders may order that CTO credits be used unless prohibited by a BU agreement. The employee should be given reasonable advance notice (at least __ hours).
24
- Are Diplomatic agents (e.g., ambassadors and United Nations; representatives) and their family members exempt from arrest or detention and immune from all criminal (and most civil) prosecution by the host state?
Yes (HPM 100.67 8-4)
- True or False- Copies of the (CHP 268) shall be included in the complaint investigation report.
FALSE- It shall Not (HPM 100.86 2-6)
- What form must be provided to an in custody to release them for a misdemeanor DUI to a hospital? Where does the original go?
Upon the concurrence of a supervisor release the arrestee pursuant to Section
849(b)(1) PC and issue a CHP 103, Certificate of Release from Custody. The officer shall provide the arrestee with a copy of the CHP 103 and file the original with the CHP 202.
- Commanders shall allow employees who work more than five hours per day a minimum of ___ minutes and not more than one hour for meal periods.
30
- The respective Division commander (in the chain of command of the involved employee) is the final level of approval for adverse action with penalties of:
(a) Formal written reprimand.
b) Suspensions of 1 to 5 working days, or the equivalent monthly step reduction. (HPM 10.2, 8-4
- What is a Lyberger Admonishment?
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 (HPM 10.2 2-8)
- All of the following are considered a penalty for Adverse Actions?
Involuntary transfer or transfer out of a specialized position
Formal written reprimand
Demotion
Dismissal
Are employees allowed to work overtime while on FMLA?
Overtime shall be allowed; outside the employee’s normal work shift, on an RDO, or at the commander’s discretion in order to meet the needs of the Department.
However, if an employee is on an FMLA/CFRA leave for the employee’s own serious illness or injury, overtime shall not be allowed during that period of leave. In addition, overtime shall not be allowed if the employee is on an unpaid leave. (HPM 10.3 8-43)
What should a supervisor obtain if they desire to tape record an interview with an employee, outside the scope of a formal Administrative Interrogation?
That the supervisor must ask and be given prior permission by the employee prior to the conversation. (HPM 10.4 5-6)
Can a witness request complete confidentiality from the accused employee? Why?
They cannot. The employee has the right to review the allegations and to prepare a potential defense. (HPM 10.2 6-4)
- True or False. An employee’s sick leave, vacation, and annual leave credits are assumed by the agency to which the employee is transferring; no excess hours or overtime balance will be paid by the agency from which the employee is transferring.
False, any excess hours or overtime balance is paid by the agency from which the employee is transferring from. HPM 10.3, 4-3
If, during the course of a routine interview in which the employee does not have
representation, information surfaces which indicates the employee may be faced with adverse action, what shall occur when the interview is suspended?
“…the interview should be suspended and the employee shall be informed of his/her right to representation.” [Chapter 5, page 5, section d (3)].
List the four types of “other” complaints?
Citation Validity
Departmental
Frivolous
Rescinded (HPM 10.4 2-1)
- For the BCIA 713 form reporting purpose, custody is defined as any point in time when a person’s freedom of movement has been denied by law enforcement. This would include the following:
(1) During the process of arrest (i.e., issuance of a citation, high risk and felony stops, lawful detention).
(2) Death of a person while attempting to elude police (does not include the death of an uninvolved third party out of a pursuit).
(3) In-custody arrest being transported to or from law enforcement facilities. (HMP 100.68, 4-3)
- True or False. Any employee, while on duty and/or in uniform, may participate in politics relative to the election or appointment of any public official.
False, an employee shall not make a nexus to the department and can only refer to themselves in generic terms like Officer John Doe or Captain John Doe but cannot use the CHP or California Highway Patrol. If asked about a specific political issue the response should state essentially it would be inappropriate to make a statement as a member of a public agency.
True or False - Canine pay is a specialty pay for officers
False - it is a care and maintenance premium (HPM 10.3 32-12)
- Officers and sergeants may earn up to ___ hours of CTO. Hours earned in excess of ___ hours shall be converted to paid overtime as provided in the BU 5 agreement.
480
- Which three FSTs should be used as primary FSTs, whenever possible?
Due to their scientific validation, HGN, Walk and Turn, and One Leg Stand should be used as primary FSTs whenever possible. HPM 70.4 2-21
The PUBLIC SAFETY OFFICER’S PROCEDURAL BOLL OF RIGHTS allow an employee how many days to submit written response to any adverse comment entered into the employee’s personnel file, including a censurable CHP 2, Memorandum of Direction, or Memorandum of Findings.
They have 30 days (HPM 10.2 7-9)
A copy of the employee’s response shall be attached to all copies of the investigation, including the copy retained by the Office of Internal Affairs. However an employee other than Bargaining Unit 5 or 7 may make a response for the entire retention period of the document. (MM 18-016)
All complaints with allegations of criminal misconduct, which have been given a finding of Sustained or Unintentional Error, shall be sent where, for review?
The respective prosecuting district attorney’s office (HPM 10.4 5-10)
What CHP employees are not protected under the PUBLIC SAFETY OFFICER’S PROCEDURAL BILL OF RIGHTS?
Cadets (HPM 10.2 11-3)
- Employees assigned to the 8.5-hour work shift shall be scheduled for ___, 8.5-hour shifts per each 28-day work period.
20
What is a category 1 complaint?
Complaints alleging physical contact, excessive force, and/or criminal, racial,
sexual, or immoral conduct.
Category 1 complaints also include those which allege acts of dishonesty and/or
falsification of documentation, or allegations of unethical conduct. (HPM 10.4 2-1)
Is an employee required to sign a CHP 2?
No (HPM 10.3 15-2). Supervisor must sign and write “refused to sign”
- What are the five complaint findings?
Sustained Unintentional error Undetermined/No Finding Departmental, and Exonerated.
- True or False. Use of state postage or stamping facilities by any employee other than for official business, even though the state is reimbursed before or after use, is permitted.
False, it is considered misconduct and misuse of the position.
If an accident investigator decides to issue a driver a CHP 215 pursuant to 40600 CVC, what violations alone can be cited? What would the officer put in the signature box in a case of a refusal to sign?
The violation cited must be a factor in the occurrence of the traffic collision. After
explaining the violation(s) cited and the court information, write “refused to sign” in the violator’s signature box and give the party the violator’s copy of the CHP 215. (HPM 100.68 5-21)
- It has been deemed that holding the office of sheriff, constable, marshal, or judge of a judicial district while an employee of this Department is inconsistent and incompatible.
True
- True or False. Employees are prohibited from possessing marijuana, concentrated cannabis, or a synthetic cannaboid compound while on duty, on departmental property, or within a state vehicle (excluding enforcement or duty related possession or transportation).
True
- 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.
16.5
- How long do you have to route the STD 270 to the Department of General Services? To Division?
Within 48 hours to DGS Office of Risk and Insurance, 7 calendar days to Division and 10 calendar days to ORM upon receipt (HPM 100.86, 5-6)
Silver Alert Criteria. A law enforcement agency may request a Silver Alert be activated if the agency determines the following conditions are met:
(1) The missing person is 65 years of age or older, developmentally disabled, or cognitively impaired.
(2) The investigating law enforcement agency has utilized all available local resources.
(3) The law enforcement agency determines the person has gone missing under unexplained or suspicious circumstances.
(4) The law enforcement agency determines the person is in danger because of age, health, mental or physical disability, environment, or weather conditions, the person is in the company of a potentially dangerous person, or other factors indicating the person may be in peril.
(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. (HPM 100.69 11-3)
- True or False. Allegation findings shall be based on a preponderance of evidence adequate to lead a reasonable and prudent person to reach the same conclusion.
True
- True or False. When Federal or State elected officials are the third party and write the investigating Command directly, closing correspondence may be prepared by the command in coordination with the Office of Dignitary Protection.
False, It is in coordination with the Office of Special Representative. HMP 10.2, Chapter 3-6
The CHP 214 shall not be issued in lieu of a CHP 215 or CHP 281 for a mechanical violation which meets any of the criteria listed in Section 40610(b) CVC including:
a. Evidence of fraud or persistent neglect.
b. Presents an immediate safety hazard.
c. Violator does not agree to or cannot promptly correct the violation. (HPM 100.68 1-7)
- When are a CHP 270 and CHP 208 not required?
(1) When during the course of a pursuit, the suspect vehicle is involved in a collision and damage and/or injuries are confined to the pursued vehicle and suspect. This type of incident only requires the completion of a CHP 555 as appropriate unless it is/may be alleged the state vehicle was the proximate cause of the collision.
(2) When during the course of a pursuit, the suspect vehicle sustains damage as a result of legal intervention and the damage is isolated to the contact point of the legal intervention (e.g., scrapes and/or dents from a Pursuit Immobilization Technique, damaged tires from a hollow spike strip).
(3) An action of the elements (e.g., hail, wind damage, sand storm).
(4) When there is damage to glass from unknown causes or when there is windshield or other glass damage caused by objects propelled from the roadway surface by movement of another vehicle even though it meets the definition of a “motor vehicle collision” unless there is injury to a person.
(5) Collisions with birds that move unexpectedly into the vehicle’s path and cannot be avoided, if the injury is confined to the bird.
(6) A motorcycle sustains damage as a result of it falling from its kickstand.
(7) When there is damage caused by the push bumper during the removal of a vehicle or equipment from the roadway and the damage is limited to the contact point on the privately owned vehicle or the California Highway Patrol (CHP) vehicle.
NOTE: This exception does not apply if either involved vehicle sustains damage from striking another object during the push bumper removal.
(8) When unintentional damage is sustained by the acts of persons in-custody or unknown. A CHP 51, Memorandum, shall be completed and submitted to Fiscal
Management Section (FMS) indicating the cause of the damage.
(9) When malicious damage is sustained by the acts of persons in-custody. A CHP 221, Malicious Damage Report, shall be completed in triplicate (HPM 100.86, 5-5)
If, during the course of a routine interview in which the employee does not have
representation, information surfaces which indicates the employee may be faced with adverse action, what shall occur when the interview is suspended?
“…the interview should be suspended and the employee shall be informed of his/her right to representation.” [Chapter 5, page 5, section d (3)].
