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
When the investigation indicates the complaint is against Departmental policy or procedure and the employee’s action was in compliance with those policies or procedures defines a ________ finding.
Departmental
When the employee made and honest mistake, but the act or omission did occur in the performance of his/her duties a _______ finding shall be filed.
Unintentional error
When the investigation cannot establish that sufficient evidence exists a ________ shall be filed.
Undetermined/no finding
After reviewing the complaint investigation, the involved employee and the reviewing supervisor ______ complete the employees’ discussion and review section of the original or the Area’s copy of the CHP 240.
Shall
If the employee refuses to sign, the supervisor shall indicate __________ on the CHP 240.
Refused to sign
If the employee is not satisfied with the investigation, he/she should be advised of the right to submit a written response within _____ days in accordance with Government Code Section 3306.
30 days
Closing correspondence is required in all cases and shall be sent within _____ of the investigation being approved.
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 Special Representatives
When an employee transfers, all complaint files shall be ________ to the new command
Tranferred
An original investigation __________ be altered. Changes will be made by ___________ and referred to the appropriate sections of the original copies.
Shall not/memorandum
Category I, Category II and “Other” complaints shall be destroyed after _______________ years.
5 years
List the forms used in documenting complaints
a. CHP 240 (Complaint investigation)
b. CHP 240A(Complaint Control Log)
c. CHP 240B (Citizen’s Complaing Information- Uniformed Personnel)
d. CHP 240C (Witness List)
e. CHP 240D (Citizens’ Complaint Information- non-Uniformed)
