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My Flash Cards > 10.4 Citizens' Complaints > Flashcards

10.4 Citizens' Complaints Flashcards

1
Q

The requirement that each department or agency which employs Peace Officers establish a procedure to investigate citizen complaints is contained in _____________.

A

Penal Code

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2
Q

At the conclusion of all complaint investigations, a _______ shall be sent to the complainant.

A

Closing correspondence

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3
Q

Whenever an employee of this department learns another agency is conducting an investigation involving CHP personnel, he/she shall immediately notify his/her _______.

A

Commander

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4
Q

Civil rights violations are identified in federal statutes and are _______ in nature.

A

Criminal

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5
Q

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

Employee

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6
Q

If an interview with a department employee regarding a civil rights violation is held on state time, a departmental _________ shall be present.

A

Supervisor

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7
Q

To preserve the accuracy of the statements, all interviews conducted on state time ______ be tape-recorded?

A

shall

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8
Q

A Commander______ release a complaint investigation file to the Attorney General when the AG is defending the department or its employees.

A

may

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9
Q

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

Frivolous

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10
Q

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

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11
Q

A complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct is a __________ complaint.

A

Category I

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12
Q

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.

A

Category II

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13
Q

A complaint where the allegation includes a Department operation, policy or procedures claim is categorized as a ____________ complaint.

A

Other

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14
Q

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.

A

Should/Shall

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15
Q

Upon initial receipt of a complaint against an officer, the complainant must be provided a __________.

A

CHP 240B

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16
Q

The person in charge of an internal investigation must be of at least ___________ than the involved employee.

A

One rank higher

17
Q

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

18
Q

The complaint log ______ be maintained in a location which ensures it Confidentiality.

A

Shall

19
Q

A control number ______ be assigned by the investigating command to all complaints documented in the Category I, Category II, or Other formats.

A

Shall

20
Q

All sustained criminal allegations shall be referred to the respective_________ for review.

A

Prosecuting District Attorney’s office

21
Q

What are the five complaint filings?

A 
Sustained 
Unintentional error
Undetermined/No Finding 
Departmental
Exonerated
22
Q

Allegation findings ______ be based on a _______ __ ______ adequate to lead a reasonable and prudent person to reach the same conclusion.

A

shall/preponderance of evidence

23
Q

The act or omission did occur and was improper defines a ___________ finding.

A

Sustained

24
Q

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

Exonerated

25
Q

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.

A

Departmental

26
Q

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.

A

Unintentional error

27
Q

When the investigation cannot establish that sufficient evidence exists a ________ shall be filed.

A

Undetermined/no finding

28
Q

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.

A

Shall

29
Q

If the employee refuses to sign, the supervisor shall indicate __________ on the CHP 240.

A

Refused to sign

30
Q

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.

A

30 days

31
Q

Closing correspondence is required in all cases and shall be sent within _____ of the investigation being approved.

A

30 days

32
Q

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 ______.

A

Office of Special Representatives

33
Q

When an employee transfers, all complaint files shall be ________ to the new command

A

Tranferred

34
Q

An original investigation __________ be altered. Changes will be made by ___________ and referred to the appropriate sections of the original copies.

A

Shall not/memorandum

35
Q

Category I, Category II and “Other” complaints shall be destroyed after _______________ years.

A

5 years

36
Q

List the forms used in documenting complaints

A

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)

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