10.4 Flashcards
Under what circumstances will complainants be notified in writing of the investigation findings?
Complainants will always be notified in writing. (page 1-2)
A complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct is a ________ complaint.
Category I (page 2-1)
What are the 5 possible complaint findings?
Sustained Exonerated Undetermined/no finding Unintentional error Departmental (page 2-2)
In a departmental complaint, who is listed as the employee?
Department (page 2-3)
Other than when the complaint was made in person to the department, all complaints shall be acknowledged by correspondence (interim correspondence) within how many days?
5 business days (page 3-3)
The person assigned as the investigator of a citizens’ complaint must be of at least _____________ than the involved employee(s).
One rank higher (page 4-1)
Complaints arising from an employees off-duty conduct or actions shall be closely scrutinized and investigated as citizens’ complaints when there is a clear _____________.
Nexus to the Department (page 3-4)
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, a CHP 268, Potential civil litigation Report, shall be completed. The CHP 268 ___________ be attached to the complaint investigation.
Shall not (page 7-13)
All sustained criminal allegations shall be referred to the respective ______________ for review.
Prosecuting District Attorney’s office (page 5-10)
At the conclusion of a citizens’ complaint investigation, the employee shall be advised of the right _____________ within thirty (30) days, which is in accordance with Government Code Section 3306.
To submit a written response (page 7-15)
In accordance with Penal Code Section 832.5, all citizens’ complaint investigations shall be retained for a period of _______ years.
Category I, Category II, and Other complaints shall be
destroyed after a period of five (5) years, commencing from the date the Department originally received the complaint. (page 9-2)
The Bazemore Admonition shall not be included in any CHP 2.
True. In instances where the corrective documentation is being issued solely as a result of a finding of Unintentional Error, the inclusion of the Bazemore admonition should be left to the discretion of the commander. (page 7-15)
A control number shall be assigned to all complaint investigations by the
Investigating command (page 7-7)
When an employee transfers to a new Area, all complaints in the command’s Master Compliant File he received at his old Area shall be_____________.
forwarded to the new command, in a manner that will ensure confidentiality. (page 9-3)
A complaint which is totally and completely without merit is a __________ Complaint.
Frivolous (Page 2-3)
If a commander receives a third party complaint, is the commander required to attempt to contact the allegedly aggrieved party.
Yes. If the complaint is from a third party, send the inquiring party correspondence acknowledging receipt of their concerns and informing them that the allegedly aggrieved party will be contacted directly. The command shall then contact the complainant directly to ascertain their intentions, normally with a requested turnaround period of 30 days. (page 3-4)
Does the Department accept complaints on uniformed employees via the internet?
Yes, this process is intended for non-uniformed. However in the interest of public service the Department will accept and investigate these complaints. Investigators shall ensure that a standard CHP 240B is provided to such complainants, to ensure that the proper Penal Code advisory has been complied with. (page 3-6).
Can an employee who is the subject of an investigation asked to complete a memorandum describing the employee’s version of the matter.
No, this is a POBR violation. (page 5-5)
Is a chronological summary required for a Category II complaint?
No, Optional. All Chronological Summary entries shall be written in the 3rd person tense. (page 7-10)
Who is the approving authority for Category II complaints?
Generally, Area commanders are the final approval authority for all Category II complaint investigations. However, Division commanders may reserve approval authority to themselves as deemed necessary. (page 8-2)
Who is the final approving authority for Category I complaints?
Internal Affairs Section. The Area Commander approves, sends to Division who approves, it is sent back to Area the Area sends to IA for final approval. (page 8-2)
Any employee covered under POBR who expresses a desire to submit a response to a complaint investigation has ________ days to respond.
Thirty (30) (page 8-4)
May an employee be provided a copy of the complaint investigation?
Yes, upon written request. (page 8-5)
The Information File is for what purpose?
The information file is a catalog of complainants who have filed frivolous, spurious or specious complaints. (page 10-3)
If the complainant is in the information file does the commander have to investigate the complaint?
Yes The mere fact a complainant is in the Information File does not relieve the commander from the responsibility of adequately investigating all allegations of a complaint. However, the fact that a complainant is in the Information File should be considered a significant indicator that a given complaint may be frivolous and should therefore be documented accordingly. (page 10-4)
May commanders request the complainant be included in the Information File?
Yes. Commander shall prepare a memorandum requesting the entry of the complainant in the Information File. The memorandum shall be routed through channels to Internal Affairs. Internal Affairs will review the memorandum for approval. Normally, a single instance of even the most irrational type of complaint is not sufficient to justify inclusion in the Information File.
When an employee of this Department has been requested to be interviewed by investigators pursuant to a civil rights investigation what guideline apply?
(1) The decision to consent to an interview with an outside investigator shall be at the sole discretion of the employee.
(2) If such an interview is conducted on state time, a departmental supervisor shall be present and shall tape recorded any interview.
May a citizen/civilian purchase a copy of HPM 10.4, Citizen’s Complaint Investigations?
In accordance with § 832.5 P.C., citizens may purchase a copy of this manual through the Department’s Publications Unit.
What penal code requires each department to establish a procedure to investigate citizens complaints?
832.5 PC
What are the 3 categories of complains?
- Category I
- Category II
- Other
