10.4 - Citizen's complaint investigation Flashcards
COMPLAINT PROCESS OVERVIEW.
Acceptance.
Investigation.
Processing
Closing.
Category I complaint
Category I complaint
Complaints alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Category I complaint also include those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct.
Category II Complaint.
Complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct.
“Other” Complaints.
“Other” Complaints.
Complaints which may contain Category I or II allegations as outlined above, but which also meet the definition of one of the following types of complaints, as defined in this chapter:
• Departmental complaint
• Citation Validity complaint (if this is the sole allegation)
• Rescinded complaint
• Frivolous complaint
Non-Complaints.
Issues brought to the attention of the Department which are not normally considered citizens’ complaints for the purpose of investigation and documentation in accordance with this manual. Examples of such non-complaint issues include: • Traffic • Vehicle Storage/impound Validity • Other Agency • Off-duty conduct
A complaint allegation will have one of five findings. Each is listed below, in order of severity.
(1) Sustained
(2) Unintentional Error
(3) Undetermined/No Finding
(4) Departmental
(5) Exonerated
Unintentional Error - The act (or omission) did occur and it is deemed improper, but was the result of an employee’s ______ mistake.
honest
This form is the ‘face page’ of the complaint investigation package and is the primary method of complaint documentation. The ____ will be completed for all Category I, Category II, and Other complaints.
CHP 240, Complaint investigation.
This form is intended to be the primary instrument for citizens to file complaints against non-uniformed (non- peace officer) employees, while also informing complainants about the complaint process.
CHP 240D, Citizens’ Complaint Information (Non Uniformed).
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.
CHP 240B, Citizens’ Complaint Information
This form is used to initially document receipt of citizens’ complaints, and as a management tool to track investigation status. The ______ shall be maintained in a location that ensures its confidentiality.
b. CHP 240A, Complaint Control Log.
All complainants shall be acknowledged by correspondence within_______ of the Department’s notification of the complaint.
five (5) business days
If the complaint involves a departmental peace officer, the complainant _____be requested to sign the advisory statement on the CHP 240B. In either case, the complainant shall be requested to return the CHP 240B or CHP 240D within ______.
shall
ten (10) business days
The citizens’ complaint process is intended to afford the ______ an avenue to voice concerns. the citizens’ complaint process ____ be utilized to document internal complaints or grievances
public
shall not
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 _______ or a BC-1A (Board of Control) Tort Claim, as appropriate.
CHP 287, Claims of $1,000 or Less,
This process specifically excludes complaints against peace officers (uniformed employees). The contents of the Internet site, as well as the CHP 240D itself, both contain clear advisories that complaints against peace officers _______ be filed in this manner. However, in the interest of public service, the Department will _______ and investigate complaints as otherwise described in this manual against uniformed employees submitted through this method.
should not
accept
The normal suspense period for complaints received at the command, or forwarded from BIA, is _______. The suspense period for legislative complaints is _______.
sixty (60) days
thirty (30) days
only the Category I investigation format requires the inclusion of a _____________
chronological log
When a complaint involves a purported injury to the complainant, every effort _____ be made to thoroughly document such injuries.
shall
Normally, an interview with the involved employee should be conducted _____ gathering all other available information.
after
In accordance with existing case law, legal statute, and current Department of Personnel Administration guidelines, an employee is entitled to representation when a meeting is held with his/her superiors for the specific purpose of eliciting information which ______to adverse action.
could lead
Statements by complainants and witnesses ____be recorded in potentially serious cases, as determined by the commander
shall
Both Federal and state law, in most cases, provide for law enforcement personnel to record contacts with members of the public without their knowledge. However, in the interest of public confidence, the surreptitious recording of members of the public _____ be limited to those situations which indicate it is warranted.
should
to preclude such a recording from being adulterated and thereby used inappropriately, anytime a complainant or witness uses a tape recorder, the investigator _____ also record the interview or statement.
shall
Should a supervisor desire to tape record an interview with an employee, outside the scope of a formal Administrative Interrogation, prior permission ____ be obtained from the employee.
must
If consent is not granted and the investigator believes obtaining a recorded statement is absolutely necessary, then an ________ must be held.
Administrative Interrogation
The employee’s complaint history _____ be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.
shall
Evidence pertaining to an investigation conducted in accordance with this manual (conplaints) shall be stored for a period of ___, beginning with the date the complaint is filed.
five years
Any existing audio and/or video recordings made by uniformed employees relating to any enforcement activity ______ be provided to the Department upon request.
shall
The investigation must demonstrate that a ____________ clearly supports the finding.
preponderance of the evidence
These type of complaints will not have a finding as both are considered to be without merit.
Rescinded/Frivolous Complaints
If citation validity is the sole allegation, the complaint may be classified as _____ and documented accordingly.
Other
The _____ narrative format shall be used for all Category I and II complaints, and the____ narrative format for all complaints classified as Other.
Formal
Other
______ include a CHP 268, Potential Civil Litigation Report, as an exhibit.
Do NOT
Investigator’s Notes are ______ for either Category I or II complaints.
Optional
Investigative Summary is ____ for all Other complaints.
Optional
If the complaint investigation uncovers any actual or alleged damage to property, or injuries to persons which ____ result in a claim against the state, a _____________shall be completed
may
CHP 268, Potential Civil Litigation Report,
note: Never include a CHP 268 as an exhibit in a complaint investigation.
Corrective action shall be in written form. The commander shall use one of the following, depending on the severity of the corrective action required:
- Request for Adverse Action.
- CHP 2, Incident Repod (Censurable).
- Memorandum of Direction.
- Memorandum of Findings.
The Bazemore admonition shall be included in all Memorandums of Findings or Direction which are counseling or remedial in nature. In instances where the corrective documentation is being issued ____ as a result of a finding of Unintentional Error, the inclusion of the Bazemore admonition should be left to the discretion of the commander.
solely
Bazemore admonition shall not be included in any ______.
CHP 2
Any employee covered under the Public Safety Officers Procedural Bill of Rights (POBR) has the right to submit a written response within ______ to any adverse comment entered into his/her personnel file.
thirty (30) days
Category I, Category II, and Other complaints shall be destroyed after a period of _____, commencing from the date the Department originally received the complaint.
five (5) years
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 ____, commencing from the date of issue.
three (3) years
The CHP 240A shall be maintained by local commands for a period of ____
five (5) years.
When an employee transfers, all complaint files in the command’s Master Complaint File for that employee ____ be transferred to the new command, and in a manner that will ensure confidentiality is maintained.
shall
Whenever an employee of this Department learns that another agency is conducting an investigation involving CHP personnel, he/she ____notify his/her commander who will in turn notify BIA through appropriate channels.
shall immediately
