HPM 10.4 (b) Citizen's Complaint Investigations Flashcards
What is the objective of the Citizens’ Complaint Investigations Manual?
To ensure that citizens complaints are accepted and investigated in a uniform manner department-wide.
What is the complaint process overview?
Acceptance. Investigation. Processing. Closing.
What are the complaint categories?
Category 1. Category 2. Other.
What is a Category 1 complain?
Complaints alleging physical contact, excessive force, and or criminal, racial, sexual or immoral conduct. Falsification of documents.
What is a Category 2 complaint?
Verbal misconduct, nonverbal misconduct (not involving actual physical contact) and/or complains regarding matters not related to an employee’s conduct.
What is an “other” complaint?
Ones that meet the definition of departmental complaint: Citation validity, Rescinded complaint, Frivolous complaint.
What is a “non-complaint?”
Issues brought to the attention of the department, which are normally considered citizens’ complaints: traffic, vehicle storage/impound validity, other agency, off-duty conduct.
What is a CHP 24O?
Complaint investigation (face page of the complaint).
What is a CHP 24Oa?
Complaint control log.
What is a CHP 24Ob?
Citizens’ Complaint Information.
What is a CHP 24Od?
Citizens’ Complaint Information (non-uniformed).
How long does the Department have to acknowledge by correspondence, a complaint?
5 business days.
How long does the complainant have to return a signed copy of the CHP 24Ob or 24Od to the CHP?
1O business days.
How is a complaint against another agency handled?
Correspondence and all pertinent information shall be sent to the appropriate agency.
Are off duty complaints investigated?
Possibly, if a clear connection or nexus of CHP employment can be established.
Is a complaint from a departmental the same as the public?
No, other processes are available.
Who normally handles vehicle storage/impound validity complaints?
Usually they are directed to the shift supervisor or tow hearing officer.
Who handles any lawsuit claim against the department or an officer?
The legal coordination unit.
Can a complainant remain confidential?
The department will honor their request to the greatest extent possible.
Who shall legislative complaints be coordinated by?
BIA and OSR.
Can a complainant file a complaint using the internet?
Only for a non-uniformed member, but complaint can obtain the proper forms and information for a complaint against a uniformed member.
Who assigns the primary investigator to a complaint?
The area or division commander where the employee was assigned at the time the incident occurred.
What level should the investigator be?
One level above the involved employee unless approved by the Division commander or appropriate Assistant Commissioner.
Can the investigating officer use lower ranking officers to provide opinions?
Yes, as experts (PMA, MAIT).
What is the normal suspense period for a complaint received at the command then forwarded to BIA?
6O days.
Who shall handle a complaint while on a temporary assignment?
The permanent commander, but he/she may direct such complaints to be investigated by the temporary commander or supervisor.
For a multi-command investigation, who handles it?
A single division, Area or section shall be the primary investigative command, usually the command with the employee who has the most sever allegations.
Who is responsible for the overall complaint and investigative process?
The commander.
Who is responsible for the conduct and quality of the investigation and documentation?
The primary investigator.
What are the initial steps to an investigation?
Meet with the commander. Begin Chronological log. Establish Investigation File. Clarify Allegations.
What is the overall goal of an investigation?
To reconstruct the incident in question as closely as possible to the actual event.
What is essential in conducting a successful interview?
Pre-planning.
Is it required to interview a complainant in person?
No, but it is advisable.
When should an employee be interviewed?
Normally, after gathering all other available information.
Is an employee entitled to representation when a meeting is held which could lead to an adverse action?
Yes, per DPA, case law and legal statute.
If, during the course of a routine interview in which the employee does not have representation, information surfaces which indicates the employee may be faced with an adverse action, what should be done?
Suspend the interview and the employee shall be informed of his/her right to representation.
Is tape recording allowed in an interview?
Tape recordings shall be recorded in potentially serious cases. Recordings should be done in all cases.
Can a complainant or witness use there own tape recorder to record an interview or discussion?
Yes, but then the investigator shall also tape the interview.
What is objectivity in an “interview”?
The key to a successful interview.
Is an employee’s complaint history allowed to be examined prior to an interview?
Yes, and it shall be examined to determine the existence of previous complaints which would be relevant to the current investigation.
What should be done with ay tapes from an interrogation?
They should be stored in the commands evidence storage site.
How long shall evidence pertaining to an investigation be stored?
5 years, beginning with the date the complaint is filed.
What is done with evidence so ensure it is not inadvertently destroyed prematurely?
The CHP 36 shall be annotated with the appropriate date of destruction.
How is the release of medical records handled?
Permission must be obtained by the individual whose records are sought and then handled with the utmost care to ensure confidentiality.
What must all physical searches comply with?
The POBR.
What is done with all complaints with allegations of criminal misconduct, which have been given a finding of sustained or unintentional error?
They shall be referred to the respective prosecuting DA’s office for review.
What are the 5 possible complaint allegation findings:
Sustained. Unintentional error. Undetermined / no finding. Departmental. Exonerated.
How many findings can each allegation have?
Only one, the highest finding.
Do rescinded/frivolous complains have findings?
No, they have no merit.
For a sustained finding, it indicates the act did occur and it is deemed improper. What else should the investigation clearly articulate?
Why the act was improper.
Unintentional error’s definition is the act or omission did occur but as a result of an employee’s, what?
Honest mistake.
