10.4

Question 1

Under what circumstances will complainants be notified in writing of the investigation findings?

Answer 1

Complainants will always be notified in writing. (page 1-2)

Question 2

A complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct is a ________ complaint.

Answer 2

Category I (page 2-1)

Question 3

What are the 5 possible complaint findings?

Answer 3

Sustained
Exonerated	
Undetermined/no finding
Unintentional error
Departmental                                                                                                                           (page 2-2)

Question 4

In a departmental complaint, who is listed as the employee?

Answer 4

Department (page 2-3)

Question 5

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?

Answer 5

5 business days (page 3-3)

Question 6

The person assigned as the investigator of a citizens’ complaint must be of at least _____________ than the involved employee(s).

Answer 6

One rank higher (page 4-1)

Question 7

Complaints arising from an employees off-duty conduct or actions shall be closely scrutinized and investigated as citizens’ complaints when there is a clear _____________.

Answer 7

Nexus to the Department (page 3-4)

Question 8

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.

Answer 8

Shall not (page 7-13)

Question 9

All sustained criminal allegations shall be referred to the respective ______________ for review.

Answer 9

Prosecuting District Attorney’s office (page 5-10)

Question 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.

Answer 10

To submit a written response (page 7-15)

Question 11

In accordance with Penal Code Section 832.5, all citizens’ complaint investigations shall be retained for a period of _______ years.

Answer 11

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)

Question 12

The Bazemore Admonition shall not be included in any CHP 2.

Answer 12

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)

Question 13

A control number shall be assigned to all complaint investigations by the

Answer 13

Investigating command (page 7-7)

Question 14

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_____________.

Answer 14

forwarded to the new command, in a manner that will ensure confidentiality. (page 9-3)

Question 15

A complaint which is totally and completely without merit is a __________ Complaint.

Answer 15

Frivolous (Page 2-3)

Question 16

If a commander receives a third party complaint, is the commander required to attempt to contact the allegedly aggrieved party.

Answer 16

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)

Question 17

Does the Department accept complaints on uniformed employees via the internet?

Answer 17

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).

Question 18

Can an employee who is the subject of an investigation asked to complete a memorandum describing the employee’s version of the matter.

Answer 18

No, this is a POBR violation. (page 5-5)

Question 19

Is a chronological summary required for a Category II complaint?

Answer 19

No, Optional. All Chronological Summary entries shall be written in the 3rd person tense. (page 7-10)

Question 20

Who is the approving authority for Category II complaints?

Answer 20

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)

Question 21

Who is the final approving authority for Category I complaints?

Answer 21

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)

Question 22

Any employee covered under POBR who expresses a desire to submit a response to a complaint investigation has ________ days to respond.

Answer 22

Thirty (30) (page 8-4)

Question 23

May an employee be provided a copy of the complaint investigation?

Answer 23

Yes, upon written request. (page 8-5)

Question 24

The Information File is for what purpose?

Answer 24

The information file is a catalog of complainants who have filed frivolous, spurious or specious complaints. (page 10-3)

Question 25

If the complainant is in the information file does the commander have to investigate the complaint?

Answer 25

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)

Question 26

May commanders request the complainant be included in the Information File?

Answer 26

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.

Question 27

When an employee of this Department has been requested to be interviewed by investigators pursuant to a civil rights investigation what guideline apply?

Answer 27

(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.

Question 28

May a citizen/civilian purchase a copy of HPM 10.4, Citizen’s Complaint Investigations?

Answer 28

In accordance with § 832.5 P.C., citizens may purchase a copy of this manual through the Department’s Publications Unit.

Question 29

What penal code requires each department to establish a procedure to investigate citizens complaints?

Answer 29

832.5 PC

Question 30

What are the 3 categories of complains?

Answer 30

1. Category I
2. Category II
3. Other