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Sgt Study GUI > 10.4 Citizens Complaints > Flashcards

10.4 Citizens Complaints Flashcards

1
Q

What are the citizens complaint classifications?

A

Category I, II, and other

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2
Q

List the four types of complaints that can be classified as Other?

A

departmental, citation validity complaint, rescinded complaint, frivolous

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3
Q

List four examples of citizen’s non-complaint?

A

traffic, vehicle storage/impound, other agency, off duty conduct

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4
Q

Name five of the Departments finding after complaint is investigated?

A

Sustained, unintentional error, undetermined/no finding, departmental, exonerated

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5
Q

What complaint form is considered to be the face page of complaint investigation?

A

CHP 240

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6
Q

All complainants shall be acknowledged by correspondence within _____ ______ days of the Department’s notification of the complaint.

A

5 business

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7
Q

Within how many days does a complainant have to return a signed 240B or D?

A

10 business

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8
Q

Can law enforcement personnel record statements without member of the public knowledge?

A

yes, both federal and state law provide for leo to record contacts with members of the public without their knowledge

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9
Q

How long does evidence pertaining to an investigation conducted in this manual have to be retained for?

A

5 years

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10
Q

All complaints with allegations of criminal misconduct with findings of Sustained or unintentional error ______ be referred to the DA’s office. Should or Shall

A

Shall

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11
Q

Are you required to examine an employee’s complaint history when conducting a current investigation?

A

yes, its a shall

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12
Q

List the five possible complaint allegations in order of severity from highest to lowest.

A 
Sustained
Unintentional error
Undetermined
Departmental
Exonerated
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13
Q

How many findings can each allegation have?

A

one

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14
Q

Chronological summary is optional for what category?

A

II

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15
Q

Investigator’s notes is optional for what category?

A

I and II

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16
Q

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.

A

CHP 268

17
Q

Any complainant who makes claim of monetary damages as a result of actions or inactions of the department shall be provided with ______

A

CHP 287 claims of $1,000 or less

18
Q

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?

A

Bazemore

19
Q

How many days does an employee have to a written response to any adverse comment entered into his/her personnel file.

A

30 days

20
Q

Category I complaints, the original investigation package, with employee’s signature shall then be forwarded to who for final approval?

A

Internal affairs

21
Q

Category I, II, and Other complaints shall be destroyed after how many years?

A

5

22
Q

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?

A

3

23
Q

All personnel complaint investigations are confidential and are only discoverable pursuant to what two Evidence codes?

A

1043 and 1046

24
Q

What penal code makes it a misdemeanor to knowingly file a false complaint against a peace officer?

A

148.6 PC

25
Q

Can a uniformed member physically arrest someone for violating 148.6 PC?

A

no, shall not

26
Q

Civil rights violations are identified in federal statutes and are criminal in nature. Investigations of such allegations are normally conducted by which agency?

A

FBI, US DOJ, or California DOJ

27
Q

What is a Category I complaint?

A

Alleges of physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Also includes alleges of dishonesty and/or falsification of documentation.

28
Q

What is a Category II complaint?

A

Alleges of verbal misconduct, nonverbal misconduct.

29
Q

What is an Other complaint?

A

departmental complaint, citation validity, rescinded complaint, frivolous complaint

30
Q

Define unintentional error?

A

act did occur and it is deemed improper, but was result of honest mistake

31
Q

Define undetermined finding?

A

used only when evidence or lack there of precludes investigator from making final judgment

32
Q

Define Departmental finding?

A

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.

33
Q

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

(a) Request for Adverse Action.
(b) CHP 2, Incident Report (Censurable).
(c) Memorandum of Direction.
(d) Memorandum of Findings.

34
Q

All complainants shall be acknowledge within 5 business days by interim correspondence. This shall include what three things:

A

brief summary of allegations

notification an investigator will contact the complainant

and investigation findings will be provided in writing

Sgt Study GUI (41 decks)

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