MOU

Question 1

It is understood by the parties that CAHP has the following rights:

Answer 1

To represent its members before the State regarding wages, hours, and other terms and conditions of employment.
To receive timely written notice of changes to, or adoption of, any rule or regulation directly relating to wages, hours, and other terms and conditions of employment. (MOU pg7)

Question 2

Upon request of an employee, a CAHP Representative shall be allowed up to _____ hours of release time to assist the employee on a grievance or complaint at each level of the grievance/complaint procedure, provided it is in the CAHP Representative’s designated area of primary responsibility. This time may be extended with approval of the commander of the Office of Employee Relations.

Answer 2

Four. (MOU, pg 9)

Question 3

With an employee’s_______________, an authorized CAHP Representative shall be permitted, upon request, to inspect the employee’s official Department personnel file during normal business hours. Such review shall not interfere with the normal business of the Department.

Answer 3

written consent MOU pg12

Question 4

A grievance is a dispute of one or more employees, or a dispute between the State and CAHP involving the_____ ,_____, or ____ of the express terms of this Agreement.

Answer 4

Interpretation / application / enforcement.
MOU pg. 16

Question 5

Informal Discussion. An employee grievance initially shall be discussed with ___________________. This discussion must occur within _______ days of the event or circumstances occasioning the grievance. The immediate supervisor shall give his/her decision or response within ___________ days of the discussion.

Answer 5

the employee’s immediate supervisor / 30 calendar / 7 calendar. MOU pg. 17

Question 6

Informal Discussion. An employee complaint initially shall be discussed with ___________________. This discussion must occur within _______ days of the event or circumstances occasioning the complaint. The immediate supervisor shall give his/her decision or response within ___________ days of the discussion.

Answer 6

the employee’s immediate supervisor / 30 calendar / 15 calendar. MOU pg. 21

Question 7

Formal Grievance/Formal Complaint - Level I (Commander)
(1) If an informal grievance/complaint is not resolved to the satisfaction of the grievant/complainant, a formal grievance/complaint may be filed no later than: _________ days after the event or circumstances occasioning the grievance/complaint, or within ________ days of the decision rendered in the informal grievance/complaint procedure, whichever is later.
(2) A formal grievance/complaint shall be initiated in writing on a form provided by the State and shall be filed with a designated supervisor or manager identified by the appointing authority as the first level of appeal.
(3) Within _________ days after receipt of the formal grievance/complaint, the person designated by the Commissioner as the first level of appeal shall respond in writing to the grievance/complaint.

Answer 7

30 calendar / 15 calendar / 15 calendar.
MOU Pg 17, 21

Question 8

Formal Grievance/Formal Complaint - Level II (Division Chief)
(1) If the grievant/complainant is not satisfied with the decision rendered pursuant to Level I, the grievant/complainant may appeal the decision within ___________ days to a designated supervisor or manager identified by the appointing authority as the second level of appeal.
(2) Within ________ days after receipt of the appealed grievance/complaint, the person designated by the Commissioner as the second level of appeal shall respond in writing to the grievance.

Answer 8

15 calendar / 15 calendar. MOU Pg 15, 18/22

Question 9

Formal Complaint - Level III (Commissioner)
(1) If the complainant is not satisfied with the decision rendered pursuant to Level II, the complainant may appeal the decision within _______ days to the Office of the Commissioner. This is the Final and last step of the procedure.
(2) Within __________ days after receipt of the appealed complaint, the Office of the Commissioner shall respond in writing to the complaintant.

Answer 9

15 calendar / 30 calendar MOU. Pg 22
This is the final step in the Formal Complaint process

Question 10

Formal Grievance - Level III (Commissioner)
(1) If the grievant is not satisfied with the decision rendered pursuant to Level II, the grievant may appeal the decision within _______ days to a designated supervisor or manager identifed by the appointing authority as the third level of appeal.
(2) Within __________ days after receipt of the appealed grievance person designated by the Commissioner or their designee as the third level of appeal shall respond in writing to the grievance.

Answer 10

15 calendar / 30 calendar MOU. Pg 18

Question 11

Formal Grievance - Level IV (DPA)
(1) If the grievant is not satisfied with the decision rendered at Level III, the grievant may appeal the decision within _________ days to the Director of CalHR or their designee.
(2) Within ________days after receipt of the appealed grievance, the Director of CalHR or designee shall respond in writing to the grievance.

Answer 11

15 calendar / 60 calendar. MOU Pg18

Question 12

Arbitration Procedure. If CAHP is not satisfied with the decision rendered at Level IV, CAHP may appeal the decision to binding arbitration within ______ days of management’s final decision.

Answer 12

30 calendar MOU pg. 19

Question 13

A complaint is a dispute of one or more employees or a dispute between the CAHP and the
Department involving the application or interpretation of an existing ___________ or __________. This procedure does not cover merit-related issues.

Answer 13

Written Rule or Policy. MOU Page 20-21

Question 14

An employee’s complaint initially shall be discussed with the employee’s _____________. This discussion must occur within ____________ of the event or circumstances occasioning the complaint.

Answer 14

Immediate Supervisor, 30 Calendar Days.
(MOU Page 21)
Note: The immediate supervisor shall give a decision or response within 15 Calendar days of the discussion.

Question 15

The ___ is a _______ __________ process by which an employee’s chosen CAHP Representative acts on behalf of the employee to informally resolve adverse written findings of a citizens’ complaint
investigation or any adverse comments on performance documents (i.e. CHP 100 forms, Memorandums of Direction, Correction or Findings,
Censurable Incident Reports, etc.).

Answer 15

IDR/dispute resolution (MOU pg. 23)

Question 16

IDR – Level I-An employee’s chosen CAHP Representative may request to meet with
the Area/Section Commander over written comments considered adverse to the employee’s
performance. This discussion must occur within ____________of the issuance of the written comments.
Within _____________of the “meet and confer,” the Area/Section Commander shall render a decision to
the CAHP Representative.

Answer 16

30 Calendar Days, 30 Calendar Days.
MOU Page 23

Question 17

IDR – Level II. If the dispute is not resolved with the decision rendered by Level I, the dispute may be elevated by the employee or the Area Representative to the employee’s CAHP District Director. The District Director may request to meet with the appropriate Division Commander over written comments considered adverse to the employee’s performance. This discussion must occur within ____________ of the Area/Section Commander’s decision. Within ___________of the Level II meeting the Division Commander shall render a decision to the CAHP District Director.

Answer 17

30 Calendar Days, 30 Calendar Days.
MOU Page 24

Question 18

IDR – Level III. If the Director and/or affected employee is not satisfied with Division response,
they may request that the item be placed on a formal meeting agenda, scheduled between the CAHP and the Office of the Commissioner. This discussion must occur within _______________of the Division Commander’s Decision. ___________________of the Level III “meet and confer,” the Office of the Commissioner shall render a decision to the CAHP.

Answer 18

30 Calendar Days, 30 Calendar Days.
MOU Page 24
Note: Level III shall be considered the last level of appeal

Question 19

Employees shall qualify for a swing shift pay differential of $_____per hour when ________ of the regularly scheduled work shift fall between ______ and _____ hours.
Employees shall qualify for a graveyard shift differential of $_______ when __________ of the regularly scheduled work shift fall between ____and _____ hours.

Answer 19

$1.00 / four or more hours / 1800 and 0100 hours
$1.50 / four or more hours / 2300 and 0600 hours. MOU Pg 32

Question 20

Employees who are assigned to perform the duties of an OIC for __________ during a shift shall receive a differential of ____% of the daily rate of base pay for every day

Answer 20

six hours or more / 7%. MOU Pg 32

Question 21

Once an employee’s CTO balance reaches 480 hours, the Department retains the authority to mandate a reduction by ordering time off. When CTO time off is ordered, the employee shall be provided reasonable advance notice ______________ and not be ordered to take such time off in less than shift increments.

Answer 21

at least 24 hours (MOU page 36)

Question 22

True/False- For the purposes of this section (business calls), text messaging, email and other forms of electronic communication are considered business calls.

Answer 22

False/ it shall not be used as a means of communication with employees during off duty hours when a response is required. (MOU Pg. 34)

Question 23

For call-back time due to multiple court appearances in the same day, how much time must elapse between the end of the first appearance and the beginning of the second for an employee to qualify for a second four-hour call-back time block?

Answer 23

Six hours. Otherwise the call-back time extends from the beginning of the first appearance through the completion of the second. (MOU p37)

Question 24

The only instances in which CTO is required for employees are under the following circumstances:

Answer 24

When in travel status not connected with enforcement duties, such as travel to or from the Academy or other school for the purpose of training. (MOU, pg. 36)

Question 25

Call-Back Time. When an additional trip to the work location is required, the employee will be compensated, up to a maximum of _______________________, for travel time.

Answer 25

one and one-half hours each way. MOU pg 28 An employee shall not be subject to this limit when he/she is required to attend court in an Area other than where they are currently assigned.

Question 26

Telephonic Subpoenas. When an employee has completed a normal shift, or is on an authorized day off and is required to testify telephonically in response to a subpoena issued by the Department of Motor Vehicles, they shall be credited with ___________ of overtime.

Answer 26

2 hours. MOU Page 39

Question 27

What is the maximum amount of sick leave credit an employee may accumulate?

Answer 27

There shall be no limit. (MOU page 69) Sick leave may be used in increments of thirty (30) minutes.

Question 28

The Commissioner or thier designee may require the employee to provide verification of reason for sick leave usage from a physician or other person having knowledge of the condition. Verification may be required after the ______ consecutive day of sick leave usage.

Answer 28

Second (MOU page 70)

Question 29

Once an employee elects to enroll in either the annual leave program or vacation and sick leave program, the employee may not elect to enroll in the other program until ________ has elapsed from date of enrollment.

Answer 29

24 months (MOU p 70)

Question 30

Bereavement Leave: If the death of a person as described above requires the employee to travel over ______ miles one way from their home, additional time off with pay shall be granted for _______ additional days which shall be deducted from accrued leave. Should additional leave be necessary, the Department head or designee may authorize the use of existing leave credits or authorized leave without pay.

Answer 30

400/ two MOU Page 74 Such bereavement leave shall be authorized for up to twenty-four hours in a fiscal year.

Question 31

Mentoring Leave - Eligible employees may receive up to ___ of mentoring leave per calendar year to participate in mentoring activities once they have used an ___ _____ of their personal time for these activities.

Answer 31

Forty (40) hours. Equal amount. (MOU Page 59)

Question 32

Recruitment time would have to be used within ______ ______ of the date in which it was earned.

Answer 32

One year. (MOU page 83) Employees can earn a maximum of 120 hours of RTO per year.

Question 33

An employee must work an additional ______ ______ for each overtime meal after qualifying for the first overtime meal. No more than __________ overtime meals may be claimed for each 24-hour period.

Answer 33

Six hours / three (MOU page 99)

Question 34

If an employee agrees to reimburse the Department for the loss or damage of safety and police protective equipment or, any other Department issued equipment, the Department shall not initiate an ________________ against that employee for the loss or damage.

Answer 34

Adverse action (MOU page 109)

Question 35

The State agrees that the odor of alcohol or marijuana on an employee’s breath or clothing ______ _______ be the sole basis for determining “reasonable suspicion” in ordering the complete drug test panel established pursuant to CalHR Rules 599.960 through 599.966.

Answer 35

Shall not. MOU page 111 The State may, however, require the employee to take a breath test, and take appropriate administrative action based on the results.