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HPM 10.4 Citizens Complaint > HPM 10.2 Chapters 1-4 > Flashcards

HPM 10.2 Chapters 1-4 Flashcards

1
Q
  1. As required by law, the complainant will be notified of potential criminal and or civil penalties for filing _____ __ _________ complaints against peace officers.
A

False or Malicious (1-1, 3(a))

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2
Q
  1. A ________, ____, and ________ investigation shall be conducted into complaints received by the department.
A

Through, fair, impartial (1-1, 3(b))

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3
Q
  1. All complainants will be notified in _______ of the investigation findings.
A

writing (1-2, 3(d))

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4
Q
  1. All citizens’ complaints investigated by this department are classified as either _________, __________, or _____.
A

Category l, Category ll, “Other” (2-1, 1(a))

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5
Q
  1. The _________ shall decide the overall classification of each complaint, based upon the most serious allegation made during any stage of the investigation and the overall circumstances of the complaint.
A

Commander

2-1, 1(a)

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6
Q
  1. A ______ is a conclusion supported by a preponderance of all available evidence adequate to lead a reasonable and prudent person to reach the same conclusion.
A

Finding

2-2, 2(a)

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7
Q
  1. What are the five findings a complaint allegation can have?
A

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

(2-2, 2(b)

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8
Q
  1. Departmental allegation/complaint. An allegation which is solely against a department policy or procedure, and no employee misconduct is alleged. In these cases, __________ shall be listed as the employee on the CHP 240, Complaint Investigation face page.
A

“Department”

2-3, 3(h)

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9
Q
  1. A complainant’s request to rescind a complaint does not relieve the _________ from the responsibility to determine the validity of the allegations.
A

Commander

2-4, 3(o)

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10
Q
  1. The CHP 240 will be completed for ___ Category l, Category ll, and other complaints.
A

All

3-1, 2(a)

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11
Q
  1. A CHP 240A _____ be maintained in a location that ensures its confidentiality.
A

Shall

3-1, 2(b)

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12
Q
  1. CHP 240B, Citizens’ complaint information. This form is intended to be the primary instrument for citizens to the file complaints against _________ (peace officer) employees, while also informing complainants about the complaint process.
A

Uniformed

3-1, 2(c)

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13
Q
  1. CHP 240D, Citizens’ complaint information (Non Uniform). This form is intended to be primary instrument for citizens to file complaints against ____________ (non-peace officer) employees, while also informing complainants about the complaint process.
A

Non-Uniformed

3-1, 2(d)

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14
Q
  1. Complainants who contact the Department by telephone and express a desire to file a complaint against a non-uniformed employee, _____ be notified that should they so desire the complaint can be filed via the internet and that many local libraries offer internet access.
A

Shall

3-2, 3(b)

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15
Q
  1. All complaints shall be acknowledged by correspondence within ____ business days of the Department’s notification of the complaint.
A

Five

3-3, 3(e)

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16
Q
  1. _______ ______________ should include a brief summary of the allegations, which command will conduct the investigation, notification that an investigator will contact the complainant as part of the investigation, and that the investigation findings will be provided in writing.
A

Interim correspondence

3-3, 3(e)

17
Q
  1. The CHP 240B or CHP 240 D, as appropriate, must be provided to ___ potential complainants.
A

All

3-3, 3(f)

18
Q
  1. The complainant shall be requested to return the CHP 240B or CHP 240 D within __ business days.
A

Ten

3-3, 3(f)(1)

19
Q
  1. Any complainant who makes a claim of monetary damages, which are alleged to have been proximately caused by the actions, or inaction, of a Department employee _____ be provided with a CHP 287, Claims of $1000 or less, or a BC-1A (board of control) Tort Claim, as appropriate.
A

Shall

3-6, H(8

20
Q
  1. The assigned primary investigator _____ be at least one grade higher than the involved employee, unless otherwise approved by the Division commander or appropriate Assistant Commissioner
A

Shall

4-1, 1(c)

21
Q
  1. The normal suspense period for complaints received at the command, or forwarded from BIA, is _____ days.
A

Sixty (4-1, 1(d))

22
Q
  1. The suspense period for legislative complaints is _____ days.
A

Thirty

4-1, 1(d)

23
Q
  1. Citizens’ complaints which originate while an employee is working a temporary assignment within the Department, such as Protective Services Detail, Motor Carrier Inspection Program, watch officer, etc., remain the responsibility of the employee’s _________ commander.
A

Permanent

4-2, 2(c)

24
Q
  1. The circumstances of how the allegations were provided to the complainant (date, place, method, etc.) _____ be documented in the complaint investigation narrative.
A

Shall

4-3, 3(d)

25
Q
  1. While only the Category 1 investigation format requires the inclusion of a ___________ ___, it is highly recommended that a log be utilized in all cases, since the outcome of an investigation may not always be what is initially anticipated.
A

Chronological log

5-1, 2(c)

26
Q
  1. Normally, an interview with the involved employee should be conducted _____ gathering all other available information.
A

After

5-5, d(1)

27
Q
  1. An employee is entitled to representation when a meeting is held with his/her superiors for the specific purpose of eliciting information which _____ ____ to adverse action.
A

Could lead

5-5, d(1)

28
Q
  1. Statements by complainants and witnesses _____ be recorded in potentially serious cases, as determined by the commander.
A

shall

5-6, e(1)

29
Q
  1. Complainants or witnesses who desire to use an audio tape recorder to record an interview or discussion with an investigator _____ be allowed to do so.
A

shall

5-6, e(4)

30
Q
  1. Should a supervisor desire to tape record an interview with an employee, outside the scope of a formal Administrative Interrogation, prior permission ____ be obtained from the employee.
A

Must

5-6, e(5)

31
Q
  1. The employee’s complaint history _____ be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.
A

Shall

5-8, 6(a)

32
Q
  1. Evidence pertaining to an investigation conducted in accordance with this manual shall be stored for a period ____ years, beginning with the date the complaint was filed.
A

Five

5-9, a(1)

33
Q
  1. ___ complaints with allegations of criminal misconduct which have been giving a finding of Sustained or Unintentional Error shall be referred to the respective prosecuting district attorney’s office for review.
A

All

5-10, 9

HPM 10.4 Citizens Complaint (2 decks)

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