Review Flashcards
1
Q
What is considered short term military leave?
A
6 months 180 calendar days or less (HPM 10.3 8-14)
2
Q
- 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.
A
False, it is 12 weeks
3
Q
Domestic Violence is defined as abuse committed against an adult or a minor who is a:
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)
4
Q
- True or False. The complaint log shall be maintained in a location which ensures it Confidentiality.
A
True
5
Q
- 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.
A
True
6
Q
- The eligibility standards to take the sergeant’s exam are:
A
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.
7
Q
- Commanders may grant employees a rest period not to exceed ___ minutes each four hours of their work shift.
A
15
8
Q
- 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:
A
25
9
Q
- The following are considered corrective documentation, except:
A
Comment on a Monthly evaluation (CHP 100)
Memorandum of Counseling
Memorandum of Direction
Censurable CHP 2
10
Q
- Adverse action penalties consist of:
A
Formal written reprimand. Suspension. Reduction in salary. Demotion. Involuntary transfer. Dismissal.
11
Q
- 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.
A
False, the AWOL notice is sent on Memorandum to the employee’s last know address.
12
Q
- When may officers include a charge of Section 273a(b) PC (child endangerment)?
A
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)
13
Q
- 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
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.
14
Q
- 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.
A
The answer is True
15
Q
- 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.
A
The answer is True
16
Q
- 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.
A
True
17
Q
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:
A
(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)
18
Q
- 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?
A
15 calendar days (HPM 10.2 4-16)
19
Q
- 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).
A
24
20
Q
- 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?
A
Yes (HPM 100.67 8-4)
21
Q
- True or False- Copies of the (CHP 268) shall be included in the complaint investigation report.
A
FALSE- It shall Not (HPM 100.86 2-6)
22
Q
- What form must be provided to an in custody to release them for a misdemeanor DUI to a hospital? Where does the original go?
A
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.
23
Q
- 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.
A
30
24
Q
- 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
(a) Formal written reprimand.
b) Suspensions of 1 to 5 working days, or the equivalent monthly step reduction. (HPM 10.2, 8-4
25
3. 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)
26
59. 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
27
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)
28
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)
29
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)
30
186. 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
31
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)].
32
List the four types of "other" complaints?
Citation Validity
Departmental
Frivolous
Rescinded (HPM 10.4 2-1)
33
281. 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)
34
203. 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.
35
True or False - Canine pay is a specialty pay for officers
False - it is a care and maintenance premium (HPM 10.3 32-12)
36
224. 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
37
249. 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
38
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)
39
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)
40
What CHP employees are not protected under the PUBLIC SAFETY OFFICER’S PROCEDURAL BILL OF RIGHTS?
Cadets (HPM 10.2 11-3)
41
220. Employees assigned to the 8.5-hour work shift shall be scheduled for ___, 8.5-hour shifts per each 28-day work period.
20
42
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)
43
Is an employee required to sign a CHP 2?
No (HPM 10.3 15-2). Supervisor must sign and write “refused to sign”
44
110. What are the five complaint findings?
```
Sustained
Unintentional error
Undetermined/No Finding
Departmental,
and Exonerated.
```
45
202. 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.
46
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)
47
207. 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
48
205. 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
49
226. 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
50
279. 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)
51
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)
52
111. 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
53
121. 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
54
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)
55
274. 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)
56
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)].
57
After accepting custody of a person who was placed under “private persons arrest,” the supervisor must issue what form to the person being released from custody? If there are no follow up charges, on what form and to whom is the officer’s documentation sent?
A CHP 103. Document the circumstances surrounding the incident and the reason for the release on a memorandum to the Area. (HPM 100.68 2-11)
58
What CHP employees are not protected under the PUBLIC SAFETY OFFICER’S PROCEDURAL BILL OF RIGHTS?
Cadets (HPM 10.2 11-3)
59
265. True or False. - The host country’s right to protect its citizens supersedes immunity privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of public safety or the commission of a serious crime, regardless of immunity claims.
True (HPM 100.67 8-4)
60
The Commissioner or Deputy Commissioner is the final level of approval for:
(a) Adverse Action with penalty of
(1) Dismissal
(2) Demotion
(3) Suspension greater than 20 days or equivalent monthly step reduction
(b) Rejection during probation
(c) Non-punitive termination (HPM 10.2, 8-5)
61
When arresting a person that has a minor child, how many phone calls are they allowed to make?
5 total- 3 phone calls and an additional 2 for arranging care for the child (HPM
100.68 2-3)
62
56. True or False. While criminal investigators may not participate in an administrative interrogation, an administrative investigator should observe the criminal interrogation. This is desirable if an employee waives Miranda rights during a criminal interrogation and agrees to answer questions. In this case, the entire criminal statement should be included in both investigations.
True
63
56. True or False. While criminal investigators may not participate in an administrative interrogation, an administrative investigator should observe the criminal interrogation. This is desirable if an employee waives Miranda rights during a criminal interrogation and agrees to answer questions. In this case, the entire criminal statement should be included in both investigations.
True
64
268. Threshold incidents are defined as those incidents which have a high probability of resulting in the Department or the State of California as a defendant in a civil lawsuit. Examples include:
Incidents involving CHP personnel that involve serious injuries or death, the discharge of a firearm at a person, whether on or off duty, any critical incident, or sensitive or complex internal investigation (HPM 100.86 1-7)
65
18. The respective Assistant Commissioner (in the chain of command of the involved
employee) is the final level of approval for adverse action with a penalty of:
(a) Suspensions of six to 20 working days, or the equivalent monthly step reduction.
(b) Removal from a specialty pay position (Bargaining Unit 5 personnel). (HPM 10.2, 8-4)
66
217. With ___ approval, commanders may allow employees to work eight-hour days with start and finish times other than 0800 hours and 1700 hours which may vary from day to day.
Division
67
219. The “standard” workday for day shift employees ___ be between the hours of 0800 and 1700 and shall consist of eight working hours.
Shall
68
If confidentiality is invoked, how shall the report be formatted?
The CHP 174 shall become the face page to the report. "John/Jane Doe" shall be inserted in the place of the victim's name on the CHP 202 or CHP 216 and the address shall be excluded. The CHP 174 shall remain confidential and only be released with the report when it is provided to the district attorney's office for purposes of prosecution or to an allied law enforcement agency for follow-up investigation. (HPM 100.69 1-28)
69
111. 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
70
How many consecutive days must an employee be absent without leave to be considered AWOL?
5 (HPM 10.2 2-5)
71
201. True or False. A CHP employee may not report for or return to duty when not completely recovered from the effects of alcohol, or with alcohol on the breath.
The answer is True
72
222. Supervisors shall be responsible for approving overtime. A supervisor ___ not allow an employee to perform overtime work without prior authorization.
Shall
73
Corrective documentation can take the form of any of the following:
(a) Monthly evaluation comment on a CHP 100, CHP 100PSD, CHP 112).
(b) Memorandum of Counseling.
(c) Memorandum of Direction
(d) Censurable CHP 2
(HPM 10.2 3-7)
74
Special Relationships. A Peace Officer owes a duty of care to the public when the officer:
(1) Places a person in peril;
(2) Affects or increases the risk of harm to a person by specific conduct; or
(3) Creates a special relationship by making an expressed or implied promise to undertake specific conduct on behalf of an individual and that individual detrimentally relies on that promise. (HPM 100.86, 8-3)
75
If an employee separates from the Department during an internal investigation, the ADVERSE ACTION gets converted to what kind of investigation?
Miscellaneous Investigation (HPM 10.2 10-3)
76
204. True or False. Marijuana is classified as a Schedule I substance in accordance with California Health and Safety Code (HSC) Section 11054(d). Uniformed employees shall not use or ingest marijuana as defined by Section 11018 HSC.
True
77
273. What is the only time a separate CHP 275 Use of Force report be done?
A separate use of force report shall only be done when there is a canine deployment and the canine deployment shall be documented by the division canine supervisor. (HPM 100.86, 3-5)
78
The Department’s enforcement efforts must be consistent with The organizational values of ____________________.
Respect for others
Ethical practices
Equitable treatment for all
Fairness (HPM 100.68 1-4)
79
2. What are the 4 possible outcomes of an Administrative Investigation?
Adverse Action
Rejection During Probation
Miscellaneous Investigation
Non-Punitive Termination (HPM 10.2 2-3)
80
What counts as a “Third Party” in a third party complaint?
Non-involved relatives, parents of children over the age of 18 years, and attorneys acting on behalf of a client (HPM 10.4 2-4)
81
True or False- CHP 268s (Potential Civil Liabilities) are included as exhibits.
The answer is False HPM 10.4 7-11
82
Upon the arrest of a teacher in any of the public schools of this state, for a controlled substances offenses, what notifications are the Command required to do?
Commands shall immediately notify by telephone the Superintendent of Schools
of the school district employing the arrestee.
Commands shall also immediately give written notice of the arrest to the
Commission on Teacher Credentialing and to the Superintendent of Schools in
the county where the person is employed.. (HPM 100.69 1-15)
83
If a complaint is generated while an employee is attending training at the Academy, who will be responsible for the investigation?
The Academy Commander (HPM 10.4 4-2)
84
236. When will nonconsensual blood draws be performed when the suspect is suspected of being in violation of Section 23140 CVC?
Only when a traffic collision results in the death of a person and an arrest for felony vehicular manslaughter (HPM 70.4 5-23)
85
Of the four outcomes for an administrative investigation where does AWOL, failure to meet minimum qualifications, and medical disqualifications fall under?
Non-punitive termination HPM 10.2 2-4
86
Long-term U.S. military leave cannot exceed how many years?
5 years (HPM 10.3 8-17)
87
The Department has three classifications of Citizen’s Complaints. What are they?
Category 1
Category 2
Other (HPM 10.4 2-1)
88
233. What are the three phases of DUI detection?
Phase 1- Vehicle in motion
Phase 2- Personal contact
Phase 3- Pre arrest screening (HPM 70.4 2-1)
89
280. How long do you have to route the CHP 208 to Division? To ORM?
7 calendar days to Division and 10 calendar days to ORM upon receipt (HPM 100.86, 5-7)
90
45. 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. Subjects are also advised that failure to answer administrative questions will be deemed insubordination. Further, any statement made during an administrative interrogation cannot be used in a subsequent criminal proceeding.
Lybarger
91
4. The six types of penalties for adverse actions are as follows:
```
Formal Written Reprimand.
Salary Reduction within Salary Range of the Class.
Suspension.
Involuntary Transfer
Demotion.
Dismissal (HPM 10.2 2-3)
```
92
206. Uniformed employees of the CHP may work for compensation in the position of EMT or paramedic for a licensed ambulance company.
True
93
40. Once initiated, an administrative investigation has four possible outcomes:
Adverse action
Rejection from probation
Miscellaneous investigation
Non-punitive termination
94
230. An eligible employee requesting FMLA/CFRA leave shall be required to provide their supervisor with a completed medical certification form which supports the need for leave due to a serious health condition affecting the employee or eligible family member within 30 days.
False, this is only for a foreseeable absence, failure to do so may delay it until the 30 days after the notice, if it is an unforeseeable event, their supervisor needs to be notified as soon as possible.
95
212. If the death occurred outside the state, an additional ___ day(s) may be requested and shall be charged either to the employee’s sick leave or leave without pay.
2
96
208. Supervisors shall ensure new ID/ESA cards are issued to their employees every ___ years in conjunction with the replacement of the field folder photograph.
5
97
211. The charge to bereavement leave shall not exceed ___ eight-hour days for any one occurrence. Bereavement leave may only be used in increments of one hour.
3
98
269. What is the time frame to send a CHP 268 involving a threshold/non-threshold incident through the proper channels?
A completed CHP 268 shall be transmitted, through proper channels, to Division within seven calendar days of the date of the incident and to the Office of Risk Management within 10 days of the receipt by Division (Also notify ENTAC for threshold incidents).
99
235. In cases in which a subject evades arrest and flees into a residence, are officers justified in entering the residence in order to prevent the destruction of evidence?
Yes (HPM 70.4 4-10)
100
186. 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
101
210. May an employee use sick leave while on vacation if they have a dental appointment?
Yes
102
272. When shall a CHP 275 Use of Force Report be submitted?
Any Use of Force (UOF) resulting in non-injury to a citizen, a CHP 268 is only required for a non-injury if there is concern for potential civil liability arising from the incident. Any Use of Force resulting in an injury to a citizen and it shall be accompanied by a CHP 268. Complaint of pain or visible injury shall be considered an injury for reporting purposes except ECD probe/puncture marks or incidents where mere redness or indentations are the only injury from proper handcuffing techniques (HPM 100.86, 3-3)
103
Can an employee use leave credits to satisfy an entire suspension period of 5 days or less? What about for suspensions of 6 days or more?
5 days or less: yes. Leave credits can be used for the entire suspension period
6 days or more: leave credits are used for only up to half of the suspension period. (HPM 10.2 9-10)
104
Who should normally issue a CHP 103 (Certificate of Release from Custody)?
A supervisor ( HPM 100.68 2-11)
105
264. Officers should take appropriate enforcement action for all violations observed, regardless of claims of diplomatic or consular immunity alleged by violators. However, a person shall not be subjected to an in-custody arrest when:
(1) Diplomatic or consular immunity is claimed by the individual or suspected by the officer, and
(2) The officer has verified or reasonably suspects that the claim of immunity is valid. (HPM 100.67 8-3)
106
Which Category of complaint requires the inclusion of a chronological log?
Category 1 (HPM 10.4, 5-1)
107
How many days does the PREDISCIPLINARY HEARING OFFICER have to respond to a written response from an employee as a result of an ADVERSE ACTION? What about a verbal response from the employee?
14 calendar days if written
7 calendar days if verbal (HPM 10.2 9-8)
108
Who should normally issue a CHP 103 (Certificate of Release from Custody)?
A supervisor ( HPM 100.68 2-11)
109
103. True or False. Complaints arising out from an employee’s off-duty conduct or actions should be limited and shall be restricted to instances where a clear connection or nexus to employment exists.
True
110
Closing correspondence shall be sent within 30 calendar days of the investigation being approved.
30 calendar days (HPM 10.4 7-1 4)
111
7. An employee may file an appeal with the STATE PERSONNEL BOARD no later than how many days after the Notice of Adverse Action?
30 calendar days (HPM 10.2 9-12)
112
221. Employees assigned to the 10.5-hour work shift shall be scheduled for ___, 10.5-hour shifts per each 28-day work period.
16
113
Which type of form shall be completed if the complaint investigation uncovers any actual or alleged damage to property, or injuries to persons which may result in a claim against the state?
CHP 287 Claims of $1000 or less HPM 10.4 3-6
114
223. Nonuniformed employees may earn up to ___ hours of CTO. Hours earned in excess of ___ hours shall be paid.
240
115
Which training do uniformed employees who are on an approved leave of absence for over two years are required to complete? Is it Refresher or Reinstatement Training at the Academy prior to resuming field related duties at their assigned commands.
Reinstatement HPM 10.3, 8-7
116
What is a category 2 complaint?
Complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee's conduct. (HPM 10.4 2-1)
117
A complaint allegation will have one of five findings. What are they?
```
Sustained
Unintentional error
Exonerated
Departmental
Undetermined or No finding (HPM 10.4 2-1)
```
118
218. The minimum meal period shall be ___ to an hour and should be taken between the hours of 1130 and 1330.
30 mins
119
Is a complainant or witness allowed to use a tape recorder in an interview or discussion with an investigator? What shall the investigator's actions be?
Yes, complainants or witnesses who desire to use an audio tape recorder to record an interview or discussion with an investigator shall be allowed to do so.
In such cases the investigator shall also record the interview or statement. (HPM 10.4 5-6)
120
5. True or False- Compelled statements made during an administrative interrogation shall be included in a criminal interrogation.
The answer is False (HPM 10.2 4-6), Compelled statements are not allowed in a criminal investigation.
121
262. True or False - Departmental personnel committed to support NNSA convoys shall remain under the command and control of the Department. All policies and procedures, including policy on the carrying and use of firearms, shall remain in effect
True (HPM 100.67 .7-3)
122
When a member of this Department handles a hate crime investigation to conclusion, the victim shall be provided with what 2 forms?
A CHP 876, Rights of Hate Crime Victims brochure. The investigating officer shall also provide the victim with a CHP 174, Right to Privacy Acknowledgement. (HPM 100.69 1-26)
123
269. What is the time frame to send a CHP 268 involving a threshold/non-threshold incident through the proper channels?
A completed CHP 268 shall be transmitted, through proper channels, to Division within seven calendar days of the date of the incident and to the Office of Risk Management within 10 days of the receipt by Division (Also notify ENTAC for threshold incidents).
124
96. True or False. To preserve the accuracy of the statements, all interviews conducted on state time shall be tape-recorded.
a. True
125
51. There are two accepted methods for conducting a criminal investigation without negatively influencing the corresponding administrative investigation:
Concurrent when the criminal investigation is conducted simultaneously with the administrative investigation by separate investigators. This helps speed up the investigation. The criminal investigator can share all information with the administrative investigator but due to compelled statements which can be ordered in an administrative investigation limited information can be shared with the criminal investigator.
And
Consecutive when the administrative investigation is done after the criminal investigation is completed and a decision is made by the prosecuting authority. The benefit of this method is that id precludes any improper sharing of information since the criminal investigation is closed.
126
What is required in order to conduct a nonconsensual blood draw?
- a valid search warrant, signed by the appropriate magistrate
- or the exigent circumstances (beyond the mere dissipation of alcohol in the blood) (HPM 70.4 5-19)
127
188. True or False The maximum travel distance from residence to work location for noncommand employees using a state vehicle shall not exceed 50 miles.
The answer is True
128
True or False. Violators driving off road motor vehicles should not be pursued into areas not intended for vehicular use.
True
129
229. 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.
True
130
200. May a CHP employee drink intoxicants while on duty or in uniform.
The answer is No
131
49. How many salary reduction can be done in response to an adverse action?
A salary reduction may be one or more salary steps down to the minimum salary of the employee's class.
132
261. TRUE OR FALSE: Routine enforcement of traffic violations (infractions) can be made outside the State of California.
False, IT IS prohibited (HPM 100.67 5-4)
133
227. Employees who travel from home before their regular work day and return to their homes at the end of the work day are engaged in ordinary home-to-work travel which is a normal incident of employment. This is true whether the employee works at a fixed location or at a different job site each day. Normal travel from home to work is not work time.
True
134
232. An employee normally on an alternate work week schedule, who is on FMLA/CFRA leave for 30 continuous days or more, must revert back to a Monday through Friday schedule and the regular work shift shall be 8 hours.
True
135
What are the criteria for the Amber Alert?(Four Criteria)
Confirmation- Confirmation that an abduction has occurred (e.g., witness verification, alternative explanations for a child’s absence eliminated).
Seventeen/disability- The victim is 17 years of age or younger, or an individual with a proven mental or physical disability.
Imminent- The victim is in imminent danger of serious bodily injury or death.
Information- There is information available that, if disseminated to the public, could assist in the safe recovery of the victim (HPM 100.69 9-4)
136
278. The following events will be used to identify circumstances warranting an intervention advisory and supervisory review:
(1) Adverse Action: 2 in 12 months.
(2) CHP 2, Incident Report – Censurable: 2 in 12 months.
(3) Civilian Complaint: 3 in 18 months.
(4) Miscellaneous Investigation: 2 in 12 months.
(5) Memorandum of Direction: 2 in 12 months.
(6) Use of Force: 3 in 12 months.
(7) Written Performance Documents – Negative: 2 in 12 months (HPM 100.86, 9-6)
137
Pursuant to Section 836(c) PC, what action is an officer required to take, in regards to a protective order?
An officer shall physically arrest an individual who has violated the provisions of a protective order, whether or not the violation occurred in the officer's presence. The conditions of the order must be reviewed to determine if a violation has occurred. (HPM 100.69 4-5)
138
47. The goal of written or verbal corrective actions is to bring the employee’s performance to an acceptable level and to prevent continued misconduct or poor performance.
Acceptable
139
108. True or False. A control number shall be assigned by the investigating command to all complaints documented in the Category 1, Category 2, or Other formats.
True
140
213. The maximum accumulation for vacation/annual leave for sergeants on January 1 is ___ hours (includes 164 hours for holiday-in-lieu credits in lieu of fixed state holidays and a personal holiday)
816
141
True or False- There is no requirement for the officer accepting custody of a person arrested by a private person to determine probable cause for the arrest.
True (HPM 100.69 1-15)
