HPM 10.4 Flashcards

1
Q

A complaint allegation will have one of five findings. Which finding category does not belong?

A. Sustained

B. Unintentional Error

C. Undetermined/No Finding

D. Departmental

E. Exonerated

F. Intentional

A

F. Intentional

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2
Q

The normal suspense period for complaints received at

the command, or forwarded from BIA is ______?

15 Days

30 Days

45 Days

60 Days

A

60 Days

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3
Q

The suspense period for legislative complaints is ______?

15 Days

30 Days

45 Days

60 Days

A

30 days

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4
Q

A citizen formally files a complaint with a variety of allegations ranging from citation validity to sexual contact. What classification of complaint is used?

A: Category I

B: Category II

C: Departmental Complaint

D: Other Complaint

A

A: Category I

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5
Q

The CHP 240, Complaint Investigation, and the CHP 240C, Witness List, shall have appropriate information listed. A complainant who is not known or refuses to provide their information is listed as “Anonymous”, but how do you list someone who is known yet wants to remain anonymous?

A: List them as “John/Jane Doe” and do not list any address or telephone information.

B: List them as “Confidential” and do not list any address or telephone information.

C: List them as “Anonymous” and include all known contact information.

D: All of the above would be appropriate.

A

B: List them as “Confidential” and do not list any address or telephone information

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6
Q

Closing correspondence with a complainant is required?

A: Always

B: Usually

C: Seldom

D: Not

A

A: Always

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7
Q

Your conduct on this occasion [these occasions] was unacceptable and will not be tolerated by this Department. If you engage in similar conduct in the future, the Department may take Adverse Action against you based on the incident[s] cited in this documentation, as well as any future incidents.” This is called what?

A: Miranda Warning

B: Beheler Advisement

C: Basemore Admonition

D: Final Warning

A

C: Basemore Admonition

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8
Q

At what point will the employee be allowed to review the investigation?

A: Once the investigation has started.

B: Once the investigation has been sent to the commander for review.

C: Once the investigation has been sent to division for review.

D: Once the investigation has been completed, documented, and approved.

A

D: Once the investigation has been completed, documented, and approved.

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9
Q

Generally, who is the approving authority for Category 2 complaint investigations?

A: The investigating sergeant

B: The area commander

C: The division commander

D: The area commander, but division commander may reserve approval authority as deemed necessary

A

D: The area commander, but division commander may reserve approval authority as deemed necessary

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10
Q

Whether the Area Commander or Division Commander is the approving authority, who retains the ORIGINAL investigation?

A: The investigating command

B: The division office

C: Bureau of Internal Affairs

D: Headquarters

A

A: The investigating command

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11
Q

An employee refuses to sign the CHP 240. What SHALL a supervisor do?

A: Force the employee to sign.

B: Advise the employee refusing to sign is considered insubordination.

C: Note this in the employee signature block on the form and, If practical, an additional supervisor should act as a witness and note as such in the employee signature block on the CHP 240.

D: Advise the employee they will be placed on administrative leave until they sign the CHP 240.

A

C: Note this in the employee signature block on the form and, If practical, an additional supervisor should act as a witness and note as such in the employee signature block on the CHP 240.

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12
Q

An employee covered by POBR wants to write a response to the investigation or corrective/closing documentation. How long do they have for the response to be written and received by the Department?

A: Within 10 days

B: Within 30 days

C: Within 60 days

D: Within 1 year

A

B: Within 30 days

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13
Q

At what point will the employee be allowed to review the investigation?

A: Once the investigation has started.

B: Once the investigation has been sent to the commander for review.

C: Once the investigation has been sent to division for review.

D: Once the investigation has been completed, documented, and approved.

A

D: Once the investigation has been completed, documented, and approved.

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14
Q

Generally, who is the approving authority for Category 2 complaint investigations?

A: The investigating sergeant

B: The area commander

C: The division commander

D: The area commander, but division commander may reserve approval authority as deemed necessary

A

D: The area commander, but division commander may reserve approval authority as deemed necessary

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15
Q

Whether the Area Commander or Division Commander is the approving authority, who retains the ORIGINAL investigation?

A: The investigating command

B: The division office

C: Bureau of Internal Affairs

D: Headquarters

A

A: The investigating command

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16
Q

An employee refuses to sign the CHP 240. What SHALL a supervisor do?

A: Force the employee to sign.

B: Advise the employee refusing to sign is considered insubordination.

C: Note this in the employee signature block on the form and, If practical, an additional supervisor should act as a witness and note as such in the employee signature block on the CHP 240.

D: Advise the employee they will be placed on administrative leave until they sign the CHP 240.

A

C: Note this in the employee signature block on the form and, If practical, an additional supervisor should act as a witness and note as such in the employee signature block on the CHP 240.

17
Q

An employee covered by POBR wants to write a response to the investigation or corrective/closing documentation. How long do they have for the response to be written and received by the Department?

A: Within 10 days

B: Within 30 days

C: Within 60 days

D: Within 1 year

A

B: Within 30 days

18
Q

Category 1, 2, and Other complaint investigations shall be stored alphabetically and chronologically, including investigations transferred from another command, where?

A: The employees Personnel File

B: The Master Complaint File

C: The division office

C: Bureau Of Interal Affairs

A

B: The Master Complaint File

19
Q

Category 1, 2, and Other complaint investigations shall be destroyed after how long?

A: 1 year

B: 3 years

C: 5 years

D: They are held indefinitely

A

C: 5 years

20
Q

Corrective documentation shall be removed from an employee’s field personnel folder after how long?

A: 1 year

B: 3 years

C: 5 Years

D: They are held indefinitely

A

B: 3 years

21
Q

To ensure the integrity of statistical information maintained by BIA, all Divisions, Areas, and Sections shall report complaint information how often?

A: Weekly

B: Monthly

C: Quarterly

D: Annually

A

Weekly

22
Q

An investigator is satisfied that a complainant has filed a complaint knowing that it was false or that it was filed with malicious intent. A criminal complaint can be filed with the local district attorney charging a violation of §148.6 P.C.

A: True

B: False

A

A: True

23
Q

An employee wishes to file a civil claim against someone for filing a false complaint. While the Department neither encourages nor discourages this, what requirement(s) shall the employee observe?

A. Ensure communication with the complaint does not portray the employee acting on behalf of the Department.

B. Use no State or Department resources such as stationary or postal services.

C. File a discovery motion before obtaining complaint documentation.

D: All of the above

A

D: All of the above

24
Q

A citizen complainant formally makes known their dissatisfaction with the method or conclusion of an investigation. What occurs next?

A: The investigator contacts the complainant directly to discuss the conclusion of the investigation.

B: Another investigator will be assigned by the commander and a new investigation will start again.

C: The succeeding level of command shall conduct a separate complaint review which shall include a critical evaluation of the investigation’s comprehensiveness, thoroughness, and the justifiability of the
investigator’s findings.

D: BIA shall conduct a separate complaint review which shall include a critical evaluation of the investigation’s comprehensiveness, thoroughness, and the justifiability of the
investigator’s findings.

A

C: The succeeding level of command shall conduct a separate complaint review which shall include a critical evaluation of the investigation’s comprehensiveness, thoroughness, and the justifiability of the
investigator’s findings.

25
Q

True/False: Per the Penal Code, citizens may purchase a copy of this manual (HPM 10.4)

A

True