Citizen Complaint 10.4

Question 1

POLICY/LAW

Answer 1

HPM 10.4

Our policy is in compliance of 832.5 of the penal code and allows us to effectively support employees against false allegations as well as take corrective action when necessary. When I am presented with allegations of misconduct I will do the following.

Question 2

Pre-Investigation:

Answer 2

I will Speak with the complainant, obtain initial allegations and document on appropriate CHP 240.
o Discuss false complaint (peace officer only) 148.6 PC - Misdemeanor
o If complainant wishes to remain confidential
o CHP 240 B Uniformed/CHP 240 D Non-uniformed
o CHP 240 A Log (Complaint log)
o Provide complainant with a copy of CHP 240 B/D
o CHP 240 C if applicable witness log
o or correspondence within 5 days and returns to me within 10 days.
o If legislative respond directly to legislator in coordination with Special Rep if not from IA.
o If monetary loss, provide with CHP 287
o I will check complainant’s history of complaints, DMV and Criminal Record and IA Information file of complainant

I will present to commander.
o At commander’s discretion begin investigation and put together an investigative plan.
o Begin a chronological log and an investigative file
 Command to classify as Cat I, Cat II, or Other

Question 3

Investigation: DEIAMFT

Documents: (TPMFP)

Answer 3

o Travel to scene / diagram / photographs
o I will review policy
o Employee’s MOU
o The employee personnel file for prior complaints
o Peers

Question 4

Investigation: DEIAMFT

Evidence:

Answer 4

o Collect all evidence per HPM 70.1
o 36 Form – No officers identifying information on form
 MVARS, videos, pictures, audio recordings, reports, citations, 415’s

Question 5

Investigation: DEIAMFT

Interviews:

Answer 5

o I will interview the complainant again and clarify allegations / interview witnesses
o Record interviews and advise they are being recorded. Transcribe for serious allegations.

Question 6

Investigation: DEIAMFT

Administrative Interview:

Answer 6

o Not to violate POBR
o Record interview after obtaining employee consent – if not consent must do Administrative Interrogation and follow procedures
o If during the interview issues arise that could lead to AA or criminal investigation, I will stop the interview and advise employee of a rep.
o I will not allow the employee to draft a memo of circumstances

Question 7

Investigation: DEIAMFT

Management to determine outcome: (SUUDE) (IIFC)

Answer 7

o Forward investigation to the commander.
o Sustained, Unintentional Error, Undetermined, Departmental, Exonerated
 If criminal allegations are found, refer to local DA.
 If Sustained and AA recommended, complaint will become an exhibit in investigative file.
 Division review back to Area
 Employee review file and 30 days to respond
o Forward file to IA within 60 days / 30 days if legislative
o Closing correspondence to complainant with 30 days

Question 8

Investigation: DEIAMFT

Follow up:

Answer 8

o EAP – Let employee know they have my support
o CHP 112
o Self-Reflection

Question 9

Investigation: DEIAMFT

Training:

Answer 9

o Provide continuous training through, SROVTS, Briefings, Training Days, Ride-alongs,
o GO 0.1 Organizational Values, GO 0.8 CHP PRIDE, GO 0.12 Public Trust Initiative
o Strategic Plan Goal # 2 and # 3

Question 10

Closing

Answer 10

I must be in tune with my employees and be a good Sergeant. I will hold my employees accountable for their actions