HPM 10.2 Chapters 6-10

Question 1

1. The five possible complaint allegations in order of severity from the highest to lowest. The order provided here matches the order listed on the CHP 240, Complaint Investigation face sheet.

Answer 1

• Sustained
• Unintentional Error
• Undetermined/No Finding
• Departmental
• Exonerated

Question 2

2. Each allegation ______ have only one finding, even if several instances of that specific allegation are alleged. That is, separate acts of the same alleged misconduct will be combined into a single allegation.

Answer 2

Shall

6-1

Question 3

3.	What type of complaint is listed below?
The act (or omission) did occur, and it is deemed improper.  The investigation should clearly articulate the act is improper, e.g., violation of what specific departmental policy or local procedure, state law, etc.

Answer 3

Sustained

6-2, 3b

Question 4

4. What type of complaint is listed below?

Used only when the evidence, or lack thereof, precludes the investigator from making a definitive judgement. This finding should be used only in cases where the investigator determines that insufficient evidence exists which would establish a preponderance (e.g. 51%) one way or the other.

Answer 4

Undetermined/No finding

6-3, d

Question 5

5.	What type of complaint is listed below? 
The act (or omission) did occur, but as a result of an employee’s honest mistake.

Answer 5

Unintentional Error (6-3, c)

Question 6

6. What type of complaint is listed below?

Used when the employee’s actions are fully in compliance with Department policy and/or procedure, but the policy or procedure itself is found to be erroneous or is the cause of the complainant’s concerns. Departmental is also the only allowable finding for the Departmental complaints.

Answer 6

Departmental

6-3, e

Question 7

7. What type of complaint is listed below?
   The employee did not commit the act (or emission), or did the act and it is deemed proper and/or within Departmental policy.

Answer 7

Exonerated

6-4, f

Question 8

8. Once a complaint has been investigated and the investigator has reached a suitable finding, the investigation must be documented. This documentation will consist of a ________, a _________ if applicable, a specifically defined narrative for each category of complaint, and attached exhibits. Investigations shall be typed.

Answer 8

CHP 240, CHP 240C

7-1, 1

Question 9

9. As described in Chapter 2, citizens’ complaints are classified by the Department as either ___________, ____________, or ___________. The classification of a given complaint is determined by two factors: ____________, __________________.

Answer 9

Category I, Category II, Other. Highest category allegation and the investigation circumstances.

(7-1, 2 a)

Question 10

10. In some cases, facts during the course of the investigation will cause the investigator and/or commander to determine the complaint need not be documented in either the formal Category I or II format. These complaints are classified as Other complaints and shall be documented as described in this chapter.

Answer 10

Rescinded, Frivolous, Departmental, Citation Validity

7-1/7-2 C, 1,2,3,4

Question 11

11. Chronological Summary is __________ for a Category II complaint?

Answer 11

Optional (7-10, 4)

Question 12

12. Investigator’s Notes are optional for which Category Complaints?

Answer 12

Category I Category II

7-11, 5

Question 13

13. Civil Claim. If the complaint investigation uncovers any actual or alleged damage to property, or injuries to persons which may result in a claim against the state, a _______ shall be completed and forwarded in accordance with HP 11.1, Administrative Procedures Manual Chapter 8.

Answer 13

CHP 287

7-13, 6 a

Question 14

14. Board of Control Claim. 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 ___________, Claims of $1,000 or Less, or a BC-1A (Board of Control) Tort Claim, as appropriate.

Answer 14

Shall, CHP 287 (7-13, 6 b)

Question 15

15. Commanders ____________take corrective action against an employee for all investigations which reveal the employee was in error whether it was intentional or not.

Answer 15

Shall

7-14, c

Question 16

16. Corrective action shall be in written form. The commander shall use one of the following, depending on the severity of the corrective action required.

Answer 16

• Request for Adverse Action.
• CHP 2, Incident Report (Censurable).
• Memorandum of Direction.
• Memorandum of Findings.

(7-15, 1)

Question 17

17. 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. This admonition is called?

Answer 17

Bazemore Admonition (7-15, 3)

Question 18

18. According to Government Code Section 3306 Admonition. Any employee covered under the public Safety Officers Procedural Bill of Rights (POBR) has the right to submit a written response with ______ days to any adverse comment entered into his/her personnel file.

Answer 18

30

7-15, 4

Question 19

19. For Category I complaints, the original investigation package, with the employee’s signatures, shall then be forwarded to ________________ for final approval. After approval, ____________ will retrieve statistical information from the investigation, which will then be forwarded to Business Services Section, Legal Files for storage until scheduled destruction.

Answer 19

Bureau of Internal Affairs, BIA (8-2, g)

Question 20

20. Generally, Area commanders are the final approval authority for all Category II complaint investigations. However, Division commanders_______ reserve approval authority to themselves as deemed necessary.

Answer 20

May (8-2, 3 a)

Question 21

21. Once an investigation has been approved at the Division or Area level (as required), commanders _______ ensure the investigation is discussed by a supervisor with the involved employee(s).

Answer 21

Shall

8-5, 5 a

Question 22

All commanders shall maintain a _______________, in which all category I, Category II and Other complaint investigations shall be stored.

Answer 22

Master Complaint File

9-1, a 1

Question 23

Category I, Category II, and Other complaints shall be destroyed after a period of ______ years, commencing from the date the Department originally received the complaint.

Answer 23

Five

9-2, b 1

Question 24

Any corrective documentation issued to an employee as the result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of ______ years, commencing from the date of issue.

Answer 24

Three

9-2, b 2

Question 25

All personnel complaint investigations are confidential in accordance with Penal Code 832.7, and are only discoverable pursuant to Evidence Code ______ and _______.

Answer 25

1043 , 1046

9-3, 3 a

Question 26

26. Except as outlined below, no complaint-related information, including generic statistical data, may be released to any entity without the coordination of the _____________ or _______________.

Answer 26

Office of the Commissioner or Bureau of Internal Affairs

9-3, 4 a

Question 27

27. Penal Code ________ makes it a misdemeanor to knowingly file a false complaint against a Peace Officer.

Answer 27

148.6 P.C.

10-2, 2 a

Question 28

28. A _____________ Investigation Report, shall be used for this purpose, and shall be completed in accordance with General Order 100.39. Uniformed employees shall not physically arrest persons suspected of violating 148.6 P.C.

Answer 28

CHP 216

10-2, 2 a