Risk Management Flashcards
Office of risk management report to captain and is compromised of:
- Lieutenant
- Analysis unit
- Claims support unit
Upon notification, Risk Management Administrator SHALL:
- respond to all threshold incidents
- Utilize CHP 271-Critical incident potential civil liability
- make notification through appropriate Assistant commish to ORM/OLA w/initial briefing item
Post incident, RMA SHALL:
- ensure initiation/completion/timely submission of CHP 268-Risk management potential civil litigation report
- CHP 268 SHALL be completed/forwarded to ORM within 7 calendar days
Threshold incidents are:
Incidents which have a high probability of resulting in Dept/CA as defendant in civil lawsuit
The 4 examples of a threshold incident are:
1) Any incident in which member of Dept is seriously injured or killed during performance of duties
2) Any incident involving dept personnel which results in serious injury, hospitalization, or death to member of the public
3) Member of dept intentionally or by accident discharges firearm at a person, whether on or off duty, and whether or not individual is struck
4) Any sensitive or complex internal investigation when liability appears to be that of Dept
Threshold incidents require immediate notification to ____ via ENTAC
Office of Risk Management
What is a Nonthreshold Potential Civil Liability Incident:
Incident not rising to level of a threshold incident, but which is deemed to potentially cause liability exposure for dept
Examples of Nonthreshold potential civil liability incidents are any incident involving:
- PV crash which results in “other visible” and/or “complaint of pain” injury to party/parties, other than member of dept
- use of force by member of dept which results in an other visible and/or COP injury to suspect/bystander
- an other visible and/or COP injury from use of handcuffs (indentation and/or redness do not require CHP 268)
- high risk or felony stop procedures are used and suspect(s) is/are later found to be innocent party
- civilian slips or falls in front lobby of Area Office and sustains injury
- innocent party’s vehicle runs over a spike strip
- there is damage caused by push bumper removal of a vehicle or equipment from roadway
Nonthreshold PCL incidents require appropriate preliminary or completed CHP 268 transmitted to ORM within ___calendar days and ENTAC notification ___ required
7 and NOT
Dept web-based Blue team/IAPro has been replaced by CHP ___
268
Report as soon as practical after an incident, a supervisor w/direct knowledge of incident SHALL complete chronological summary of incident and submit report through proper channels to ___
Office of Risk Management
In event more than 1 dept employee is directly involved in an incident which would give rise to civil liability, only ___ report SHALL be completed
1
Preservation for Threshold incidents SHALL be retained on a ___ year litigation hold
10
Nonthreshold PCL incidents SHALL be retained on a ___ year litigation hold
5
Pending incidents SHALL be preserved upon completion and retained for:
10 year litigation hold for threshold and 5 year litigation hold for Nonthreshold
Preservation of evidence involving criminal prosecution and results in incarceration, associated documents/materials SHALL be retained and held for:
threshold/Nonthreshold time periods or length of incarceration, whichever is longer
Areas SHALL determine if any civil litigation is pending prior to releasing/destroying preserved materials/documents. Approval SHALL be obtained from __, __, and ____ prior to destruction
Office of risk management, Office of legal affairs, and case management
Copies of CHP 268 SHALL ___ be included in complaint investigation report
Not
CHP ___, Risk management use of force report is intended for statistical gathering purposes in order to conduct trend analysis as well as to comply w/state and federal reporting requirements
275
use of force incidents w/o injury SHALL be documented on CHP ___
275
All UOF incidents which result in injury SHALL be documented on CHP ____ and accompanied CHP ____
275 and 268
Must report use of force incident when involves ___ on officers and all _____ incidents
Attacks and use of force
Completed CHP 275 SHALL be transmitted to by area to appropriate division within ___ calendar days of date of incident
7
Division SHALL review CHP 275 and submit to ORM within ___ calendar days of receipt
7
CHP ___ SHALL be completed when firearm was displayed only, during high risk/felony procedure and civilian was later found to be innocent party
268
Deployment of canine SHALL be documented by division canine supervisor on separate CHP ___
275
What are the 4 types of in custody deaths defined by DOJ:
- in the process of arrest
- killed by use of force by LE
- in temporary custody of LE agency
- incarcerated in a city/county/state correctional facility
All in custody deaths SHALL be reported to ORM within ___ calendar days from date of incident
7
BCIA 713 reporting procedures, custody is defined as any point in time a persons freedom of movement has been denied by LE by what 3 instances:
- during process of arrest (issuance of cite, high risk/felony stop, lawful detention)
- death of person while trying to elude (does not include death of uninvolved 3rd party)
- in custody arrest being transported to or from LE facilities
An investigation SHALL be conducted for every damage or injury causing event involving a state vehicle. What are the 8 examples?
- state veh being driven by state driver which results in injury/property damage, on/off hwy (CHP 208/STD270/CHP555 required)
- state veh is legally parked, whether or not is in transport, and struck by another vehicle (CHP208/STD270/CHP555 required)
- when it is/may be alleged state veh was cause of crash regardless whether physical contact with state veh(Liabilty only STD270)
- anytime unreported damage to state veh is discovered. Last driver SHALL b responsible (CHP280/STD270). CHP555 if req by commander)
- anytime hidden damage to state veh is discovered (undercarriage). STD270 and CHP 555 if necessary with unknown driver
- crash or occurrence when other than state employees is driver(garage mechanic)STD270
- legal intervention which meets definition of crash. SHALL Do CHP208/STD270/CHP555
- state veh is used to push veh and pushed veh crashes (SHALL CHP208/STD270/CHP555)
What 9 instances do not require a CHP 208 or STD 270?
- during pursuit suspect veh crashes and damage and/or injuries are confined to pursued veh and suspect
- during pursuit suspect veh sustains damage as result of legal intervention and damage is isolate to contact point of intervention
- an action of elements (hail,wind damage, sand storm)
- damage to glass from unknown causes
- crash with birds that move unexpectedly into veh path and cannot avoid if injury is confined to bird
- m/c sustains damage as result of it falling from its kickstand
- damage caused by push bumper during removal of veh or equip from roadway and damage is limited to contact point on private owned veh or CHP veh
- unintentional damage sustained by acts of persons in custody or unknown
- malicious damage sustained by acts of persons in custody (CHP221 malicious damage report)
Compete STD 270 SHALL be routed to Dept of general services (DGS), ORIM within ___ hours from time of incident
48
STD 270 SHALL be completed by area and copy routed to appropriate division within __ calendar days
7
Division SHALL review STD270 and forward to RMU within ___ calendar days of receipt
10
CHP208 (collision prevention report) SHALL be completed by area and routed to appropriate division office within ___ calendar days. CHP ___ SHALL be accompanied at time of routing
7 and 555
Division SHALL review CHP 208 and submit report to ORM, RMU, within __ calendar days of receipt
10
CHP ____ (individual accident, and safety recognition record) SHALL be done when employee is involved in crash/occurrence requiring submission of CHP 208 or suffers injury and requires CHP 121
442
What is a liability incident?
Incident where there is an injury to a non state employee or damage to a non state vehicle/property and connection between state vehicle could be alleged
What are 5 examples of liability only incidents?
- pursuit by CHP which allegedly caused crash of other 3rd parties
- individual injuries themselves when shouting CHP veh door on own hand
- m/c skids on shoulder and overturns while being signaled to pull over by CHP uniformed employee
- confused driver crashes with 3rd party while being signaled to pull over by CHP uniformed
- departmental vehicle tire flips up rocks causing damage to another veh
A CHP ___ is not required when and STD ___ has been completed for a liability only incident
208 and 270
All claims in excess of $1000 must be field with?
Government Claims Program (GCP)
CHP ___ SHALL be routed through appropriate division to ORM within ___ calendar days
268 and 7
When individual claims to show em have suffered loss of $1,000 or less, they SHALL be provided a CHP ___
287
All claims $1000 or less are processed by ___
ORM
Commander SHALL ensure CHP 287 is securely transmitted to ORM within ___ hours of receipt via email, fax, dept mail
48
ORM commander will have authority to approve CHP 287 claims submitted under what 2 examples?
- hollow spike strip is deployed causing tire damage to unintended veh
- dept employee loses or damages personal property of an individual
All pursuits SHALL be entered into the automated _____ _____ system
Pursuit reporting
In instances where pursuit results in a crash, a CHP ______ and STD _____ SHALL be in addition to pursuit report as appropriate
208, Collision Prevention Report and 270, Vehicle accident report
Pursuit reports SHALL be routed to respective division within _ calendar days from date of pursuit
7
Division SHALL recibiré and submit report to ORM within ___ calendar days of date of receipt
10
Single command pursuits SHALL include the following pages:
- area specific information
- injury info page, if applicable
- initiating info page
- terminating info page
- driver info page, if applicable
- summary page
Officer involved in pursuit outside geographical boundaries of their command, involved home command is responsible for creating report for pursuit and SHALL answer following 4 questions:
- was pursuit terminated by your area
- highest # of units involved in pursuit at one time in your area
- were there injuries to officers, suspects, or others as result of crash in your specific area
- were there injuries to officers, suspects, or others after the pursuit in your specific area
Commands SHALL only document minutes and mileage relating to their units involvement in pursuit under following circumstances:
- only unit(s) involved in pursuit is/are of same command regardless of occurs in command boundaries or not
- pursuit is within geo boundaries of command and command has at least 1 unit in pursuit regardless of position
Each pursuit report SHALL be completed within __ calendar days following date of occurrence
7
Reporting area division chief SHALL review and submit report to ORM within __ calendar days from the date of receipt
10
A peace officer owes a duty of care to the public when the officer (special relationship):
- places person in peril
- affects or increases risk of harm to a person by specific conduct
- creates special relationship by making expressed or implied promise to undertake specific conduct on behalf of an individual and that individual detrimentally relies on that promise
Any uniformed employee establishing special relationship as defined should remain on scene until 1 or more occurs:
- properly relieved by dept employee
- have relinquished scene management responsibilities to an on scene rep of the govt agency having primary responsibility for the incident
- have learned of a reasonable apparent emergency requiring their immediate attention elsewhere
- have received direction from a supervisor to assume duties elsewhere
- peace officers assistance and/or protection is no longer reasonably necessary
