HPM 10.4 Flashcards
What category of citizens’ complaint alleges physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct?
Category 1
2/1
What category of citizens’ complaint alleges verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct?
Category 2
2/ 1
How many possible findings does the Department have, and what are they?
5 / Sustained, Unintentional Error, Undetermined, Departmental, Exonerated.
2 / 2
if a complainant rescinds a complaint after having initiated the complaint process, this (does/does not) relieve the commander from the responsibility of determining the validity of the complaint?
Does not
3 / 3 (h)(2)
What CHP form is used as the face page of the complaint investigation package?
CHP 240
3 / 2(a)
What form advises potential complainants of the Penal Code criminal penalties for filing a false complaint against a peace officer?
CHP 240B
3 / 2 (c)
What CHP form is used as the primary instrument for filing citizens’ complaints against non-uniformed employees?
CHP 240D
3 / 2(d)
All complainants (May/Should/Shall) be acknowledge by correspondence within ___ business days.
Shall / 5
As an exception, interim correspondence is not required if the complainant originally contacted the Department in person and the requisite information normally contained in an interim letter was provided at that time.
3 /3 (e)
A complainant is requested to return a CHP 240B or 240D within ___ business days?
10
For Off-duty conduct complaints, the fact that the allegedly aggrieved party is simply aware of the employee’s position without any action by the employee is enough to provide a nexus to the department?
(True/False)
False
3 / 3 (h)(3)
The citizens’ complaint process ____be used to document internal complaints or grievances?
Shall not
The online citizens’ complaint process specifically excludes complaints against peace officers and complaints received in this matter will not be investigated.
(True / False)
False - the online process does exclude peace officers, but in the interest of public service the department will accept and investigate them.
Who has the primary responsibility for the citizens’ complaint program?
Commanders
At the conclusion of an investigation, Closing correspondence (May/Should/Shall) be sent within _________ days.
Shall / 30 Calendar
What admonition shall be included in all Memorandums of Findings or Direction which are counseling or remedial in nature?
Bazemore
Any employee covered by POBR has the right to submit a written response within ____ days to any adverse comment being added to his/her personnel file.
30
Who retains the original investigation?
The investigating command
an employee _____ be provided a copy of the investigation upon request.
may
What is the retention period for Category 1, Category 2 and Other investigations?
5 Years
In third party complaints, the investigator has no duty to contact the potentially aggrieved person. (True/False)
False
Complaints which may contain Category 1 or 2 allegations, but which also meet the definition of one of the following types of complaints.
- Departmental Complaint
- Citation validity complaint
- Rescinded complaint
- Frivolous complaint
“Other” Complaint
2 / 1 (d)
Form used to initially document receipt of a citizens’ complaint, and as a management tool to track the investigation status.
CHP 240A
3/2 (b)
What information is contained in a complaint control number?
Command, year, sequential number
ie: 70119001
701 (area) 19 (year) 001 (sequential number)
The employee’s complaint history (Shall Not, May, Should, Shall) be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.
Shall
3 / 6 (a)