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Sgt Study > 10.4 Citizen Complaints > Flashcards

10.4 Citizen Complaints Flashcards

1
Q

What category would a complaint regarding Citation Validity be?
A: Category I
B: Category II
C: Other Complaint
D: Non-Complaints

A

C: Other Complaint

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2
Q

What form would a citizen use to make a complaint against a Uniformed employee?
A: CHP 240
B: CHP240A
C: CHP 240B
D: CHP 240D

A

C: CHP 240B

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3
Q

The Department’s officially sanctioned Internet site may be accessed at http://www.chp.ca.gov. From this site, individuals may read a brief description of the Department’s citizens’ complaint policies and philosophy. In addition, the site provides for the ability to download and print a CHP240B, Citizens’ Complaint Information (Uniform). True or False?
A: True
B: False

A

B: False

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4
Q

Which of the following is not a part of the Investigation Process?
A: Meet with the Commander
B: Begin Chronological Log
C: Establish Investigative File
D: Issue Corrective Documentation

A

D: Issue Corrective Documentation

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5
Q

Which is not a Complaint Finding?
A: Sustained
B: Inadvertent Error
C: Undetermined/No Finding
D: Exonerated

A

B: Inadvertent Error

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6
Q

Any employee covered under the Public Safety Officers Procedural Bill of Rights (POBR), who expresses a desire submit a response to a complaint investigation or any corrective/closing documentation, should be directed to Government Code §3306. The section specifies that such a rebuttal must be written and received by the Department within:
A: 30 days.
B: 20 days.
C: 15 days.
D: 5 days.

A

A: 30 days.

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7
Q

Commencing from the date the department originally received the complaint, Category I, Category II, and Other complaints shall be destroyed after a period of how many years?
A: 2
B: 3
C: 5
D: 10

A

C: 5

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8
Q

After the completion of a complaint investigation, the original investigation file shall not be altered. Any requisite changes shall be made by:
A: Memorandum
B: CHP 216
C: CHP 2
D: CHP 240D

A

A: Memorandum

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9
Q

What Penal Code makes it a misdemeanor to knowingly file a false complaint against a peace officer?
A: 152.6 PC
B: 148.6 PC
C: 152.2 PC
D: 148.2 PC

A

B: 148.6 PC

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10
Q

What form is used to make a claim of monetary damages, which are alleged to have been proximately caused by the actions, or inaction, of a Department employee?
A: CHP 071
B: CHP 135
C: CHP 267
D: CHP 287

A

D: CHP 287

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11
Q

What is the primary CHP form number for citizens to file complaints against uniformed employees.

A

CHP 240B

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12
Q
  1. All complaints _______ be acknowledged by correspondence within ____________ days of the Department’s notification of the complaint.

a. Shall, 5 business
b. Shall, 5 calendar
c. Should, 7 business
d. Shall, 7 calendar

A

a. Shall, 5 business

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13
Q
  1. The complainant shall be requested to return the ____________________ within in _______ days.

a. CHP 240B or CHP 240D, 5 business
b. CHP 240 or CHP 240B, 5 calendar
c. CHP 240B or CHP 240D, 10 business
d. CHP 240 or CHP 240B, 10 calendar

A

c. CHP 240B or CHP 240D, 10 business

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14
Q
  1. When an employee transfers, all complaint files in the command’s Master Complaint File for that employee shall be _______________ command.

a. Kept in the current
b. Transferred to the new
c. Destroyed at the current

A

b. Transferred to the new

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15
Q
  1. The Department will not accept and investigate complaints against uniformed employees made via the Department’s internet web site.

a. True
b. False

A

b. False

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16
Q
  1. The normal suspense time assigned to a complaint received at the Area level is ____ days.

a. 30
b. 45
c. 60
d. 90

A

c. 60

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17
Q
  1. Normally, a person may use the internet, CHP Website, to file a complaint against a(n):

a. janitor
b. officer
c. front desk clerk
d. motor carrier
e. a, c, and d

A

e. a, c, and d

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18
Q
  1. All Chronological Summary entries in citizens’ complaint investigations shall be written in ___________ tense.

a. first person
b. second person
c. third person
d. fourth person

A

c. third person

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19
Q
  1. A chronological log is required in:

a. Category 1 Complaints
b. Category 2 Complaints
c. Non Complaints
d. All Complaints

A

a. Category 1 Complaints

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20
Q
  1. When investigating a citizen’s complaint, an employee’s history _______ be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.

a. should
b. shall
c. may
d. cannot because it violates POBR

A

b. shall

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21
Q

Complaints alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Category I complaints also include those which allege acts of ________ and/or ________ of documentation, or allegations of unethical conduct.

A

(dishonesty, falsification) Category I Complaint. Complaints alleging physical contact, excessive force,
and/or criminal, racial, sexual, or immoral conduct. Category I complaints also include
those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct.

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22
Q

What are the five findings of a complaint investigation?

A

(Sustained, Unintentional Error, Undetermined/No Finding, Departmental, Exonerated)

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23
Q

Which form will be completed for all Category I, Category II, and Other complaints?

A

(CHP 240) CHP 240, Complaint Investigation. This form is the ‘face page’ of the complaint
investigation package and is the primary method of complaint documentation. The CHP
240 will be completed for all Category I, Category II, and Other complaints.

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24
Q

All complainants shall be acknowledged by correspondence within ­____ business days of the Department’s notification of the complaint.

A

5

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25
Q

Any corrective documentation issued to an employee as the result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of ____ years, commencing from the date of issue. The original (or a copy) of the same document shall remain with the complaint investigation itself until the investigation’s scheduled destruction.

A

3 Corrective Documentation To Employee. Any corrective documentation issued to an employee as the result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of three (3) years, commencing from the date of issue. The original (or a copy) of the same document shall remain with the complaint investigation itself until the investigation’s scheduled destruction.

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26
Q

Citizen complaints alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct, dishonesty, and/or falsification of documentation, or allegations of unethical conduct are a level I or II Category complaint?

A

I Category Complaint

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27
Q

Citizen complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct are a level I or II Category complaint?

A

II Category Complaint

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28
Q

What form is intended to be the primary instrument for citizens to file complaints against uniformed (peace officer) employees, while also informing complainants about the complaint process. The form also contains a statement, required by the Penal Code, which advises potential complainants of the criminal penalties for filing a false complaint against a peace officer.

A

CHP 240B

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29
Q

What form is intended to be the primary instrument for citizens to file complaints against non-uniformed (nonpeace officer) employees, while also informing complainants about the complaint process.

A

CHP 240D

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30
Q

A Category I, Category II, and Other Complaints are destroyed after how many years?

A

5 years

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31
Q

HPM 10.4 Ch 1 - Complaint process overview

A

Accepting, Investigation, Processing, Closing

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32
Q

HPM 10.4 Ch 2 - List the classification of citizens complaints

A

Category 1, Category 2, other

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33
Q

HPM 10.4 Ch 3 - How are complaints received?

A

telephone, mail, legislative staff, in person, forwarded from BIA/other commands

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34
Q

HPM 10.4 Ch 4 - What rank shall be the primary investigator

A

At least one grade higher than the involved employee

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35
Q

HPM 10.4 Ch 5 - What is the Department required to do after taking recordings made by uniformed employees of enforcement activity?

A

The employee shall be provided with either a new tape as a replacement, or the original recording may be returned after duplication as needed

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36
Q

HPM 10.4 Ch 6 - name the 5 complaint findings

A

Sustained, unintentional error, undetermined/no finding, departmental, exonerated

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37
Q

HPM 10.4 Ch 7 - When is the Bazemore mandatory and when is it not included?

A

The Bazemore admonition shall be included in all memorandums of finding or direction which are counseling or remedial in nature.

Bazemore is not required for any CHP 2 (censurable or commendable).

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38
Q

HPM 10.4 Ch 8 - After investigation is approved, can involved employee review the investigation?

A

The employee shall be provided the opportunity to review the investigation in its entirety, except for any exhibit specifically marked in the “List of Exhibits” as not releasable to the employee reviewing the complaint.

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39
Q

HPM 10.4 Ch 9 - What is the retention of a complaint?

A

5 years from the date received by the Department.

40
Q

HPM 10.4 Ch 9 - What is the retention of corrective action as a result of a complaint?

A

Any corrective documentation issued to an employee as a result of a complaint, shall be removed from the employee’s field personnel folder after a period of 3 years from the date of issue.

41
Q

1) Category I, Category II, and Other complaints shall be destroyed after a period of …

A

5 years

42
Q

2) How many days may an employee provide a written response to any adverse comment entered into his/her personnel file?

A

30 days, per GC section 3306

43
Q

3) The Bazemore admonition shall be included in what documents?

A

Memorandum of Finding or Direction

44
Q

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, what form shall be completed?

A

CHP 268, Potential Civil Litigation Report

45
Q

5) What are the 5 possible complaint findings in order of severity from highest to lowest?

A

(1) Sustained. (2) Unintentional Error. (3) Undetermined / No Finding. (4) Departmental. (5) Exonerated.

46
Q

6) All complaints with allegations of criminal misconduct which have been given a finding of what, shall be referred to the respective prosecuting district attorney’s office for review?

A

Sustained or Unintentional Error

47
Q

7) If an employee declines to have an interview tape recorded outside the scope of a formal Administrative Interrogation, and the supervisor feels it is necessary, then an Administration Interrogation must be held.

True or false?

A

True.

48
Q

8) If information surfaces from a routine interview which indicated the employee may be faced with adverse action, and the employee does not have representation present, what should occur?

A

The interview should be suspended and the employee shall be informed of their right to representation.

49
Q

9) What are the forms used during a complaint investigation?

A
  1. CHP 240, Complaint Investigation. 2. CHP 240A, Complaint Control Log. 3. CHP 240B, Citizens’ Complaint Information. 4. CHP 240D, Citizens’ Complaint Information (Non Uniformed)
50
Q

10) Complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct would fall under what classification of complaint?

A

Category II Complaint

51
Q

What category would a complaint regarding Citation Validity be?
A: Category I
B: Category II
C: Other Complaint
D: Non-Complaints

A

C: Other Complaint

52
Q

What form would a citizen use to make a complaint against a Uniformed employee?
A: CHP 240
B: CHP240A
C: CHP 240B
D: CHP 240D

A

C: CHP 240B

53
Q

The Department’s officially sanctioned Internet site may be accessed at http://www.chp.ca.gov. From this site, individuals may read a brief description of the Department’s citizens’ complaint policies and philosophy. In addition, the site provides for the ability to download and print a CHP240B, Citizens’ Complaint Information (Uniform). True or False?
A: True
B: False

A

B: False

54
Q

Which of the following is not a part of the Investigation Process?
A: Meet with the Commander
B: Begin Chronological Log
C: Establish Investigative File
D: Issue Corrective Documentation

A

D: Issue Corrective Documentation

55
Q

Which is not a Complaint Finding?
A: Sustained
B: Inadvertent Error
C: Undetermined/No Finding
D: Exonerated

A

B: Inadvertent Error

56
Q

Any employee covered under the Public Safety Officers Procedural Bill of Rights (POBR), who expresses a desire submit a response to a complaint investigation or any corrective/closing documentation, should be directed to Government Code §3306. The section specifies that such a rebuttal must be written and received by the Department within:
A: 30 days.
B: 20 days.
C: 15 days.
D: 5 days.

A

A: 30 days.

57
Q

Commencing from the date the department originally received the complaint, Category I, Category II, and Other complaints shall be destroyed after a period of how many years?
A: 2
B: 3
C: 5
D: 10

A

C: 5

58
Q

After the completion of a complaint investigation, the original investigation file shall not be altered. Any requisite changes shall be made by:
A: Memorandum
B: CHP 216
C: CHP 2
D: CHP 240D

A

A: Memorandum

59
Q

What Penal Code makes it a misdemeanor to knowingly file a false complaint against a peace officer?
A: 152.6 PC
B: 148.6 PC
C: 152.2 PC
D: 148.2 PC

A

B: 148.6 PC

60
Q

What form is used to make a claim of monetary damages, which are alleged to have been proximately caused by the actions, or inaction, of a Department employee?
A: CHP 071
B: CHP 135
C: CHP 267
D: CHP 287

A

D: CHP 287

61
Q

Question: A thorough, fair, and impartial investigation ____ be conducted into complaints received by the Department.

A

Answer: Shall

62
Q

Question: Name five of the Departments’ findings after a citizens’ complaint is investigated?

A

A) Sustained B) Unintentioanl Error C) Undetermined/ No Finding D) Departmental E) Exonerated

63
Q

Question: A complaint is received which involves the validity of a storage or impound and is not related to employee misconduct. Is the complaint accepted as a citizens’ complaint?

A

Answer: No

64
Q

Question: What form do you use to inform the complainants about the complaint process and informs them of the penalties for filing a false complaint against a peace officer?

A

Answer: 240B

65
Q

Question: All complainants shall be acknowledged by correspondence within ____ ____ days of the Department’s notification of the complaint.

A

Answer: Five Business

66
Q

Question: Each allegation______ have only one finding, even if several instances of that specific allegation are alleged. That is, separate acts of the same alleged misconduct will be combined into a single allegation.
A) Should
B) Shall
C) May

A

B) Shall

67
Q

Question: 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___________shall be completed and never included in an investigative file.

A

CHP 268 Potential Civial Litigation Report

68
Q

Question For Category I complaints, the original investigation package, with the employee’s signatures, shall then be forwarded to ______________ for final approval.

A

Answer: Bureau Of Internal Affairs

69
Q

Question: The CHP 240A shall be maintained by local commands for a period of ______ years.

A

Answer: 5 Years

70
Q

Question: Uniformed members _______ physically arrest persons suspected of violating §148.6 P.C.

A

Answer: Shall Not

71
Q

Citizens’ complaints shall be conducted as a _________, _____, and ___________ investigation.

A

thorough, fair, impartial
Pg 1-1, Section 3(b)

72
Q

What is a Category I Complaint?

A

Any complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Also includes those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct. Pg 2-1, Section 1(b)

73
Q

What is a Category II Complaint?

A

Complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct Pg 2-1, Section 1(c)

74
Q

Departmental, Citation Validity (if sole allegation), Rescinded, and Frivolous are all examples of what type of complaint?

A

“Other” complaints and may contain Category I or II allegations Pg 2-1, Section 1(d)

75
Q

A complaint allegation will have one of five findings. What are they?

A

(SUE UNDE) Sustained, Unintentional Error, Undetermined/No finding, Departmental, Exonerated Pg 2-2, Sections 2(b)(1-5)

76
Q

Evidence of greater weight or more convincing than the evidence offered in opposition is what type of evidence?

A

Preponderance Pg 2-3, Section 3(n)

77
Q

Which form is the face page of the complaint investigation package and is the primary method of complaint documentation?

A

CHP 240, Complaint Investigation Pg 3-1, Section 2(a)

78
Q

All complainants ______ be acknowledged by correspondence within ______ __________ days of the Department’s notification of the complaint.

A

shall, five business Pg 3-3, Section 3(e)

79
Q

What form shall be provided to a complainant who makes a claim of monetary damages which were alleged to have been proximate my caused by the actions, or in actions of a Departmental employee?

A

A CHP 287, Claims of $1000 of Less, or a BC-1A (Board of Control) Tort Claim Pg 3-6, Section 3(h)(8)

80
Q

What is the normal suspense period for complaints received at the command, or forwarded from BIA? What is the suspense period for legislative complaints?

A

60, 30 Pg 4-1, Section1(d)

81
Q

The employee’s complaint history should/shall/may be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.

A

Shall Pg 5-8, Section 6(a)

82
Q

____ complaints with allegations of criminal misconduct which ha e been given a finding of Sustained or Unintentional Error shall be referred to the respective district attorney’s office for review.

A

All Pg 5-9, Section 9

83
Q

How many findings shall each allegation have?

A

only one Pg 6-1, Section 2(b)

84
Q

When the employee did not commit the alleged act or did commit the act and it was deemed proper or within Departmental policy defines an __________ finding.

A

Exonerated Pg 6-4, Section 3(f)

85
Q

Closing correspondence is required in all cases and shall be sent within ______ of the investigation being approved.

A

30 calendar days Pg 7-14, Section 7(b)(6)

86
Q

What is the complaint process regarding the acceptance of a complaint?

A

When a citizen complains to the Department, either verbally, in writing, or in person, the complaint will be acknowledged in a timely manner and an investigation will be initiated.

87
Q

What are the clasifications of citizen complaints?

A

All citizens’ complaints investigated by this Department are classified as either Category I, Category II, or “Other.”

88
Q

In order of severity, what are the 5 categories of complaint allegation findings?

A

1.Sustained - The act (or omission) did occur, and it is deemed improper. 2.Unintentional Error - The act (or omission) did occur and it is deemed improper, but was the result of an employee’s honest mistake. 3.Undetermined/No Finding - Used only when the evidence, or lack thereof, precludes the investigator from making a definitive judgment. 4. Departmental - Used when the employee’s actions are fully in compliance with Department policy and/or procedure, but the policy or procedure itself is found to be erroneous or is the cause of the complainant’s concerns. Departmental is also the only allowable finding for Departmental complaints. 5. Exonerated - The employee did not commit the act (or omission), or did commit the act and it is deemed to be proper or within Department policy.

89
Q

What is the definition of a complaint?

A

An expression of dissatisfaction, made verbally or in writing, concerning departmental policies/procedures or alleging improper conduct by an employee of this Department.

90
Q

When a complaint is received, how many days shall the complaint be acknowledged by correspondence?

A

All complainants shall be acknowledged by correspondence within five (5) business days.

91
Q

What forms are used during a complaint acceptance?

A
  1. CHP 240, Complaint Investigation. This form is the ‘face page’ of the complaint investigation package and is the primary method of complaint documentation. The CHP 240 will be completed for all Category I, Category II, and Other complaints. 2. CHP 240A, Complaint Control Log. This form is used to initially document receipt of citizens’ complaints, and as a management tool to track investigation status. 3.CHP 240B, Citizens’ Complaint Information. This form is intended to be the primary instrument for citizens to file complaints against uniformed (peace officer) employees, while also informing complainants about the complaint process. 4.CHP 240D, Citizens’ Complaint Information (Non Uniformed). This form is intended to be the primary instrument for citizens to file complaints against non-uniformed (non- peace officer) employees
92
Q

When a complainant claims monetary damages, what form shall be completed?

A

Claim of Monetary Damages. Any complainant who makes a claim of monetary damages, which are alleged to have been proximately caused by the actions, or inaction, of a Department employee shall be provided with a CHP 287. Claims of $1,000 OR LESS, or a BC-1A (Board of Control) Torte Claim, as appropriate

93
Q

What is the normal suspense period for complaints received at he command?

A

The normal suspense period for complaints received at the command, or forwarded from BIA, is sixty (60) days. The suspense period for legislative complaints is thirty (30) days.

94
Q

What category complaint requires a chronological log?

A

Category 1

95
Q

How many finding can each allegation have?

A

Each allegation shall have only one finding, even if several instances of that specific allegation are alleged. That is, separate acts of the same alleged misconduct will be combined into a single allegation.

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