10.4 Citizens' Complaints Flashcards
The requirement that each department or agency which employs Peace Officers establish a procedure to investigate citizen complaints is contained in _____________.
Penal Code
At the conclusion of all complaint investigations, a _______ shall be sent to the complainant.
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 _______.
Commander
Civil rights violations are identified in federal statutes and are _______ in nature.
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 __________.
Employee
If an interview with a department employee regarding a civil rights violation is held on state time, a departmental _________ shall be present.
Supervisor
To preserve the accuracy of the statements, all interviews conducted on state time ______ be tape-recorded?
shall
A Commander______ release a complaint investigation file to the Attorney General when the AG is defending the department or its employees.
may
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.
Frivolous
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.
Highest category allegation
A complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct is a __________ complaint.
Category I
Complaints alleging verbal misconduct, nonverbal misconduct not involving actual physical contact, and/or complaints regarding matters not related to an employee’s conduct are ________ complaints.
Category II
A complaint where the allegation includes a Department operation, policy or procedures claim is categorized as a ____________ complaint.
Other
Complaints arising out from an employee’s off-duty conduct or actions ______ be limited and ______ be restricted to instances where a clear connection or nexus to employment exists.
Should/Shall
Upon initial receipt of a complaint against an officer, the complainant must be provided a __________.
CHP 240B
The person in charge of an internal investigation must be of at least ___________ than the involved employee.
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.
Complaint history
The complaint log ______ be maintained in a location which ensures it Confidentiality.
Shall
A control number ______ be assigned by the investigating command to all complaints documented in the Category I, Category II, or Other formats.
Shall
All sustained criminal allegations shall be referred to the respective_________ for review.
Prosecuting District Attorney’s office
What are the five complaint filings?
Sustained Unintentional error Undetermined/No Finding Departmental Exonerated
Allegation findings ______ be based on a _______ __ ______ adequate to lead a reasonable and prudent person to reach the same conclusion.
shall/preponderance of evidence
The act or omission did occur and was improper defines a ___________ finding.
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.
Exonerated
