10.4 Citizen's Complaints Flashcards
When a person files a citizens complaint, what are we required by law to inform them of?
that filing a false or malicious complains against a peace officer can have criminal/ civil penalties.
What are the 3 classes of complaints for the department?
Category I, Category II, or Other
Who decides what class the complaint falls under?
Commander
What is a Category I Complaint?
physical contact excessive force racial sexual immoral conduct dishonesty or falsification of documentation
What is a Catergory II Complaint?
Verbal misconduct Nonverbal misconduct (not touching though) or complaints not related an employee's conduct
What is a other complaint?
departmental complaint citation validity (if this is the sole allegation) rescinded complaint frivolous complaint
What are the 5 possible outcomes of a citizens complaint?
Sustained Unintentional error Undetermined/ no finding departmental exonerated
What is an aggrieved person?
The individual reportedly injured or offended by employee.
Who is listed on the CHP 240 when the complaint is a departmental one?
Department
What is a CHP 240
The face page of a complaint
What is a CHP 240a
Complaint control log
What is a CHP240 b?
Citizens complaint form for an officer
What is a CHP 240 d?
Citizens complaint form for non-uniformed
What SHALL be done when someone calls in to complain about a non-uniformed employee?
They shall be advised that the complaint can be filed on the internet and many libraries offer free internet service.
Within how long SHALL all complaints be acknowledged in?
within 5 business days, unless that person was notified when they initially filed the complaint in person
What form shall be provided to all potential complainants?
CHP 240 b or CHP 240 d
If the complaint involves a CHP officer, what shall the complainant be requested to do?
Sign the CHP240b and return it within 10 business days. When the 240b or 240d is mailed to the citizen a return envelope shall be provided to facilitate the return of the form.
What else is the department obligated to provide to citizen after they make their complaint?
they shall be given a copy of their allegations
What happens if it is a 3rd party complaint?
The 3rd party a acknowledgement of the complaint and inform them that we will attempt to contact the aggrieved party directly. Then we shall contact the aggrieved party directly, with a requested turn around time of 30 days.
Do we take off-duty citizen complaints?
Only if the employee created a nexus to the department. Just the mere fact that the person knows he is an officer isn’t enough.
Do we take citizen complaints from our own employee’s?
Shall not
What if somebody makes a claim of monetary damage or it’s discovered we caused some sort of damage?
We shall provide a CHP287
What do we do if complainant requests to remain confidential?
He shall be informed that we will attempt to honor their request, but an employee has the right to review a complaint upon completion, and uniformed employees have the right to file a civil claim against a complainant.
Do we accept complaints over the internet?
Yes for non-uniformed it’s not problem.
For uniformed we will accept the complaints but investigators shall ensure that a chp240b is provided.
If an employee transfers who handles complaint?
the area where the officer was assigned when the complaint occurred
Normal suspense period for complaints?
60 days for normal
30 days for legislative
Can a citizens complaint be turned over to an allied agency?
in NO event
If a commander is notified of a board of control claim has been filed which alleges employee misconduct which was not previously investigated what must happen?
a Citizens complain shall be initiated
Is a chronological log required for all complaints?
No, only Category I, but it is recommend for all
Can the officer photo roster be used to identify an employee if they are unknown?
yes
What must happen if a complainant is not interviewed by the investigator?
It shall be noted in the narrative
When should the interview with the employee be conducted?
Normally after all the other info has been gathered
Should the employee be routinely allowed representation during a complaint investigation?
no, unless there are facts that would indicate an adverse action may result.
If during the regular interview in which the employee does not have a rep, information surfaces which indicates the employee may be faced with adverse action, the interview _______, be suspended and the employee _______ be informed of his right to a rep. If the employee requests a rep, the meeting _______ be rescheduled to allow him to obtain one.
SHOULD
SHALL
SHOULD
Can we direct an employee who is the subject of an investigation to complete a memo describing the incident at question?
It is prohibited, however after an interview you can request it for clarifying issues. In addition this doesn’t apply when they have been provided a written interrogatory and allowed to consult with a rep during its completion.
When shall witness statements be recorded?
in potentially serious cases as determined by the commander. It should be considered in all situations though.
Can a complainant or witness record an interview?
if they request it SHALL be allowed, and if they do the investigator shall record it as well
Can an investigator record an interview outside administrative interrogations?
Prior permission must be provided by the employee, and they shall be allowed to record if they want to
Should the employee’s past complaint history be examined which would be relevant to the current investigation?
It SHALL BE
How long shall evidence be stored that is part of a citizens complaint?
five years from when complaint was filed
Can we make employee’s turn over audio or video related to enforcement duties made by uniformed employees?
YES it shall be provided
What shall happen with allegations of criminal misconduct with a finding of sustained or unintentional error?
It shall be referred to the local DA for review
Must each allegation of a complaint have it’s own finding?
Yes, it shall.
Can you include a CHP 268 as an exhibit in a citizens complaint?
No
Can you advise complainant what kind of corrective action was given to the employee?
NO, only inform them of the result of the investigation and that disciplinary action resulted from the investigation.
When shall correspondence be sent to complainant?
within 30 calendar days after the investigation has been approved.
What type of corrective action shall the commander use after a citizens complaint (sustained or unintentional)?
request for AA
CHP 2
MOD
MOF
Who reviews the different levels of complaints?
CAT I Division review is the final
CAT II usually Commander is final, but division may reserve final authority
Other are approved based upon which category they fall
When shall all complaints be destroyed?
5 years from day complaint was received.
When shall corrective documentation from a complaint be removed from personnel file?
3 years after the date it was ISSUED
What happens to the original complaint when an employee transfers?
It follows the employee.
If an employee writes a written request for the complaint, must we give it to him?
YES, Shall, but they must first sign a memo acknowledging the confidentiality of the file.
memo is retained for life
Can you an employee physically arrest somebody for 148.6 PC (filing a false complaint against a peace officer)?
NO Shall not
Who must give approval before we can request charges for 148.6 PC (filing a false complaint against a peace officer)?
the commander
Brazemore shall be included in what documents?
all MOF AND MOD which are counseling or remedial in nature.
What are considered non-complaints? (VOOT)
Vehicle storage or impound
Off duty
Other agency
Traffic
What are considered “other complaints”?
Departmental
citation validity (if it’s only allegation)
rescinded
frivolous
are parents of minors considered 3rd party complainants?
No, first party
