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HPM 10.4 Citizen's Complaint Investigation > HPM 10.4 > Flashcards

HPM 10.4 Flashcards

1
Q

The Department’s citizens’ complaint process be utilized as a ________ to provide the highest level of public service.

A

management tool

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2
Q

The complaint process will be accomplished by investigating complaints _______, supporting employees when allegation are proven invalid, and taking corrective action when necessary. Providing a means of _______ employee conduct and attitudes toward the public, and allows for improved operational procedures through the review and analysis of complaint trends.

A

objectively, monitoring

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3
Q

Complaint classifications are _____, _____, and _______. The classifications shall be decided by ______

A

Category I, Category II, Other, commmander

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4
Q

Category I complaints involve six allegations, they are.

A
  1. physical contact
  2. Excessive force
  3. criminal, racial, sexual, or immoral conduct
  4. dishonesty
  5. falsification of documentation
  6. unethical conduct
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5
Q

Category II complaints involve three allegations, they are.

A
  1. verbal misconduct
  2. nonverbal misconduct
  3. matters not related to employees conduct
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6
Q

“Other” complaints involve four allegations, they are.

A
  1. departmental
  2. citation validity
  3. rescinded
  4. frivolous
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7
Q

“non-complaints” involve four allegations, they are

A
  1. Traffic
  2. vehicle storage/impound validity
  3. other agency
  4. off-duty
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8
Q

A complaint investigation will have one of five findings, they are.

A
  1. sustained
  2. unintentional error
  3. undetermined/no finding
  4. departmental - employee followed policy but the policy is found to be erroneous, this also the only allowable find for departmental complaints
  5. exonerated
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9
Q

Complainants who 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 _______ and that many local libraries offer internet service.

A

Shall, internet

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10
Q

All complaints ____ be acknowledged by correspondence with _____ days of notification of the complaint.

A

Shall, 5

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11
Q

If complaint against employee of another command you need to ensure the following two items are done

A
  1. provide initial correspondence to the complainant and advise it will be forward to appropriate command
  2. Forward complaint via telephone, fax, e-mail, or memorandum. Forward CHP 240 if with memo
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12
Q

If complaint involves peace officer, complainant is requested to sign _______

A

advisory statement

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13
Q

If a third party calls in complaint a ______ shall be sent and ________ contacted

A

letter of acknowledgment, aggrieved party

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14
Q

______ conditions where a ______ or ______ exists should a off-duty complaint be investigated.

A

limited, clear connection or nexus

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15
Q

Citizen’s complaint process should not be used to document _____.

A

internal complaints

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16
Q

Complaints involving vehicle storage or impound validity should be referred to _____ or ______

A

shift supervisor, tow hearing officer

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17
Q

Board of Control Tort Claim, with suit filed, the investigation should be in ______ with HPM 10.4 and HPM 11.1, and coordinated with _______.

A

accordance, Legal Coordination Unt

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18
Q

Claims of monetary damages should be provided a ______, claims of _____ or less. Or can use a governments claim form.

A

CHP 287, $1000

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19
Q

If complainant desires to remain confidential, the Department will ________. Employees have right under govt code 3305 to file civil claim and to _______ upon completion

A

attempt to honor, review complaint

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20
Q

Suspenses are normally ____ days, Legislative ____ days. Desire to complete thorough investigation should outweigh _____

A

60, 30, suspense

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21
Q

Academy training complaints will be handled by the _______

A

Academy Commander

22
Q

Special assignments (e.g. TRAP) complaints are the responsibility of the employee’s _________.

A

Departmental commander

23
Q

Temporary assignments(e.g. PSD) complaints are the responsibility of _______

A

Departmental commander

24
Q

Multi-command investigations shall have single ____, ___ or ____ appointed as the primary investigative command

A

division, area, section

25
Q

____ or ____ is provided to all complainants

A

CHP 240B or 240D

26
Q

According to case law and DPA guidlines an employee is entitled to a rep when a meeting is held with superiors in order to get information which could lead to _________

A

an adverse action

27
Q

If during an interview with an employee, information surfaces that may lead to an adverse action, you should _____ the interview and _______ and _______

A

suspend, reschedule if necessary, let employee know of the right to representation

28
Q

you can not direct an employee to _____ per POBR.

A

complete a memo of incident

29
Q

Statement ____ be recorded in serious cases.

A

Shall

30
Q

If witness wishes to record interview then the investigator _____

A

shall record also

31
Q

________ must be sought to record interview if it is outside the scope of formal administrative interrogation.

A

Employee approval

32
Q

Complaint history ______ be examined during investigation.

A

shall

33
Q

Evidence shall be stored for five years from the _____ date

A

complaint was filed

34
Q

Findings shall be based on the _____ of evidence and be one of the following five:

A

preponderance

  1. sustained
  2. unintentional error
  3. undetermined/no finding
  4. departmental
  5. exonerated
35
Q

rescinded or frivolous complaints shall not have a ______

A

finding

36
Q

Investigations that will not be documented are the following four circumstances:

A
  1. rescinded
  2. frivolous
  3. departmental
  4. citation validity
37
Q

Closing correspondence is _____ in all cases and sent within ____ calendar days containing the following three items on Departmental letterhead:

A

required, 30,

  1. Discuss each allegation briefly
  2. Advise internal investigation was conducted and state results clearly
  3. Note if complainant was not contacted or refused to be interviewed

Note: send to complainant only after approved

38
Q

Corrective documentation is written in one of four ways they are ________

A

Request for adverse action
CHP 2 Incident Report (Censurable)
Memorandum of Direction
Memorandum of Findings

39
Q

Since corrective documentation is placed in employee’s personnel folder only allegations with findings of ______ or ______ may be addressed in the document.

A

Sustained, unintentional Error

40
Q

Bazemore Admonition is a notification to employees that misconduct for which they are being counseled may still be charged in a _____

A

future adverse action

41
Q

Bazemore admonition ____ be included in all _____ and ___.

A

Shall, MOD’s and Memorandum of Findings

42
Q

Bazemore admonition shall not be included in any _____ since the Department does not generally charge misconduct in an adverse action for which an employee has been previously censured.

A

CHP 2

43
Q

Response from employee to corrective action ____ be attached to all know copies of the investigation and placed in the _______ if correction action was placed there as well

A

shall, employees personnel folder

44
Q

Retention periods for investigations are _____

A

Category I and II and Other 5 years
Corrective Documentation removed after 3 years
Response from Employee same
CHP 240A 5 years

45
Q

Discovery of citizen complaints per PC _____ investigation are _____ and only discoverable per evidence code _____ and ____

A

832.7, confidential, 1043 and 1046

46
Q

Investigations of citizen complaints may not be released without coordination of the __________ or ______

A

Office of the Commissioner or Internal Affairs

47
Q

Investigations of citizen complaints may be released to ______ if defending the Department and coordinated with _____

A

Attorney General, Legal Coordination Unit

48
Q

Per California Civil Code 47.5 peace officers may initiate civil action against _______ for knowingly ______. This is the responsibility of the employee.

A

complainant, filing a false complaint

49
Q

If employee learns another agency is conducting an investigation involving CHP personnel they shall _____ who will then notify ______.

A

notify commander, BIA

50
Q

If employee has been requested to be interviewed by investigators (FBI, US DOJ, Cal DOJ) pursuant to a civil rights investigation the following two things apply:

A
  1. decision to consent to an interview with an outside investigator shall be at the sole discretion of the employee
  2. If such an interview is conducted on state time, a Departmental supervisor shall be present and shall tape record any interview
51
Q

Grand Jury requests for complaint records or interviews shall be coordinated through ____ or ______.

A

BIA or Legal Coordination Unit

HPM 10.4 Citizen's Complaint Investigation (1 decks)

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