10.4 Citizens Complaint Quiz 1 (Ward) Flashcards
The requirement that each department or agency which employs Peace Officers establish a procedure to investigate citizens complaints in contained in the _______ _________.
a) Vehicle Code
b) Government Code
c) Penal Code
d) None are correct
c) Penal Code
At the conclusion of all complaint investigations, a _________shall be sent to the complainant.
A) Closing Correspondence
B) Nothing will be done
C) Closing correspondence with a copy of the complaint
D) Copy of the complaint
A) Closing Correspondence
Whenever an employee of this department learns another agency is conducting an investigation involving CHP personnel, he/ she shall immediately notify his/ her ____________.
A) Chief
B) Commander
C) Commissioner
D) All of the above
B) Commander
Civil Rights violations are identified in Federal statutes and are _______ in nature.
A) Criminal
B) Civil
C) Non-criminal
D) All of the above
A) Criminal
The decision to consent to an interview with an outside investigator regarding a civil rights investigation shall be at the sole discretion of the ________.
A) Chief
B) Commander
C) Lieutenant
D) Sergeant
E) Employee
E) Employee
If an interview with a department employee regarding a civil rights violation is held state time, a departmental ________ shall be present.
A) Supervisor
B) Attorney
C) Area Representative
D) None of the above
A) Supervisor
To preserve the accuracy of the statements, all interviews conducted on state time shall be tape-recorded?
A) True
B) False
A) True
A Commander may release a complaint investigation file to the Attorney General when the AG is defending the department or its employees.
A) True
B) False
A) True
A complaint which is totally and completely without merit, or which is filed for the sole purpose of harassing an employee is considered a _________ complaint.
A) Departmental
B) Unintentional
C) Frivolous
D) All of the above
C) Frivolous
A complaint alleging physical contact, excessive force, and/ or criminal, racial, sexual or immoral conduct is a _________complaint.
A) Category I
B) Category II
C) Category II
D) None of the above
A) Category I
Regardless of the findings of a complaint, the overall classification of the complaint will be based upon the _______ made during any stage of the investigation.
A) Highest category allegation
B) Lowest category allegation
C) On the combination of the allegations
D) All of the above
A) Highest category allegation
Complaints alleging verbal misconduct, non-verbal misconduct not involving actual physical contact, and/ or complaints regarding matters not related to an employee’s conduct are ______ complaints.
A) Category I
B) Category II
C) Category III
D) Category IV
B) Category II
A complaint where the allegation includes a Department operation, policy or procedures claim is categorized as a _________ complaint.
A) Category I
B) Category II
C) Other
D) None of the above
C) Other
Complaints arising from an employee’s off-duty conduct or actions should be limited and shall be restricted to instances where a clear connection or nexus to employment exists.
A) True
B) False
A) True
Upon initial receipt of a complaint against an officer, the complainant must be provided a ________.
A) CHP 240 A
B) CHP 240 B
C) CHP 240 C
D) CHP 241 C
B) CHP 240 B
The person in charge of an internal investigation must be of at least ________ than the involved employee.
A) Equal rank
B) One rank higher
C) Both A and B
D) None of the above
B) One rank higher
An employee’s ___________ shall be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.
A) Complaint history
B) Personal folder
C) Medical history
D) None of the above
A) Complaint history
The complaint log shall be maintained in a location which ensures its Confidentiality.
A) True
B) False
A) True
A control number shall be assigned by the investigating command to all complaints documented in the Category I, Category II or Other formats.
A) True
B) False
A) True
All sustained criminal allegations shall be referred to the respective _____ for review.
A) Prosecuting District Attorney’s Office
B) Prosecuting Attorney Generals Office
C) Public defenders Office
D) all of the above
A) Prosecuting District Attorney’s Office
What are the five complaint filings?
A) Sustained, Undetermined, No Finding, Departmental and Exonerated
B) Sustained, Unintentional Error, Undetermined/ No Finding, Departmental
C) Sustained, Unintentional Error, Undetermined/ No Finding, Departmental and Exonerated.
C) Sustained, Unintentional Error, Undetermined/ No Finding, Departmental and Exonerated
Allegation findings shall be based on a preponderance of evidence adequate to lead a reasonable and prudent person to reach the same conclusion
A) True
B) False
A) True
The act or omission did occur and was improper defines a __________ finding.
A) Sustained
B) Exonerated
C) Departmental
D) Other
A) Sustained
When the employee did not commit the alleged act or omission or did commit the act and it was deemed proper or within Departmental policy defines a _______finding.
A) Sustained
B) Exonerated
C) Departmental
D) Other
B) Exonerated
When the investigation indicates the complaint is against Departmental policy or procedure and the employee’s action was in compliance with policies or procedures defines a ________ finding.
A) Sustained
B) Exonerated
C) Departmental
D) Other
C) Departmental
When the employee made an honest mistake, but the act or omission did occur in the performance of his/ her duties a _______ finding shall be filed.
A) Unintentional Error
B) Undetermined/ No finding
C) Departmental
D) Other
A) Unintentional Error
When the investigation cannot establish that sufficient evidence exists a _______ shall be filed.
A) Unintentional Error
B) Undetermined/ No Finding
C) Departmental
D) Other
B) Undetermined/ No Finding
After reviewing the complaint investigation, the involved employee and the reviewing supervisor shall complete the employee’s discussion and review section of the original or the Area’s copy of the CHP 240.
A) True
B) False
A) True
If the employee refuses to sign, the supervisor shall indicate __________ on the CHP 240
A) Refused to sign
B) No entry made
C) Have another supervisor sign
D) Have another supervisor sign and write refused to sign
A) Refused to sign
If the employee is not satisfied with the investigation, he/ she should be advised of the right to submit a a written response within _____ days in accordance with Government Code Section 3306.
A) 15
B) 5
C) 10
D) 30
D) 30
Closing Correspondence is required in all cases and shall be sent within _____ of the investigation being approved.
A) 10 days
B) 20 days
C) 30 days
D) 60 days
C) 30 days
When Federal or State elected officials are the third party and write the investigating command directly, closing correspondence may be prepared by the command in coordination with the Office of Dignitary Protection
A) True
B) False
B) False
When an employee transfers, all complaint files shall be ______ to the new command.
A) Destroyed
B) Sent to BIA
C) Transferred
D) None of the above
C) Transferred
An original investigation ______ be altered. Changes will be made by ______ and referred to the appropriate sections of the original copies.
A) Shall not/ Memorandum
B) Shall/ Memorandum
C) Shall not/ Letter
D) Shall/ Letter
B) Shall not/ Memorandum
Category I, Category II and “Other” complaints shall be destroyed after _____years.
A) One
B) Five
C) Eight
D) Ten
B) Five
