10.4 Citizens Complaints Flashcards
What are the citizens complaint classifications?
Category I, II, and other
List the four types of complaints that can be classified as Other?
departmental, citation validity complaint, rescinded complaint, frivolous
List four examples of citizen’s non-complaint?
traffic, vehicle storage/impound, other agency, off duty conduct
Name five of the Departments finding after complaint is investigated?
Sustained, unintentional error, undetermined/no finding, departmental, exonerated
What complaint form is considered to be the face page of complaint investigation?
CHP 240
All complainants shall be acknowledged by correspondence within _____ ______ days of the Department’s notification of the complaint.
5 business
Within how many days does a complainant have to return a signed 240B or D?
10 business
Can law enforcement personnel record statements without member of the public knowledge?
yes, both federal and state law provide for leo to record contacts with members of the public without their knowledge
How long does evidence pertaining to an investigation conducted in this manual have to be retained for?
5 years
All complaints with allegations of criminal misconduct with findings of Sustained or unintentional error ______ be referred to the DA’s office. Should or Shall
Shall
Are you required to examine an employee’s complaint history when conducting a current investigation?
yes, its a shall
List the five possible complaint allegations in order of severity from highest to lowest.
Sustained Unintentional error Undetermined Departmental Exonerated
How many findings can each allegation have?
one
Chronological summary is optional for what category?
II
Investigator’s notes is optional for what category?
I and II
If a complaint investigation uncovers any actual/alleged damage to property, or injury to persons which may result in a claim against the state, a ______ shal be completed and never included in the investigative file.
CHP 268
Any complainant who makes claim of monetary damages as a result of actions or inactions of the department shall be provided with ______
CHP 287 claims of $1,000 or less
In accordance with State Personnel Board decisions, employees shall be notified that misconduct for which he/she is being counseled, may still be charged in a future Adverse Action. What’s this admonition called?
Bazemore
How many days does an employee have to a written response to any adverse comment entered into his/her personnel file.
30 days
Category I complaints, the original investigation package, with employee’s signature shall then be forwarded to who for final approval?
Internal affairs
Category I, II, and Other complaints shall be destroyed after how many years?
5
Any corrective documentation issued to an employee as a result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of how many years?
3
All personnel complaint investigations are confidential and are only discoverable pursuant to what two Evidence codes?
1043 and 1046
What penal code makes it a misdemeanor to knowingly file a false complaint against a peace officer?
148.6 PC
Can a uniformed member physically arrest someone for violating 148.6 PC?
no, shall not
Civil rights violations are identified in federal statutes and are criminal in nature. Investigations of such allegations are normally conducted by which agency?
FBI, US DOJ, or California DOJ
What is a Category I complaint?
Alleges of physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Also includes alleges of dishonesty and/or falsification of documentation.
What is a Category II complaint?
Alleges of verbal misconduct, nonverbal misconduct.
What is an Other complaint?
departmental complaint, citation validity, rescinded complaint, frivolous complaint
Define unintentional error?
act did occur and it is deemed improper, but was result of honest mistake
Define undetermined finding?
used only when evidence or lack there of precludes investigator from making final judgment
Define Departmental finding?
Used when employees actions are fully in compliance with Departmental policy but the policy or procedure itself is found to be erroneous or cause of the complaint.
Required Type. Corrective action shall be in written form. The commander shall use one of the following, depending on the severity of the corrective action required: (List the four)
(a) Request for Adverse Action.
(b) CHP 2, Incident Report (Censurable).
(c) Memorandum of Direction.
(d) Memorandum of Findings.
All complainants shall be acknowledge within 5 business days by interim correspondence. This shall include what three things:
brief summary of allegations
notification an investigator will contact the complainant
and investigation findings will be provided in writing
