HPM 10.4 - CITIZEN COMPLAINTS Flashcards
Citizen complaints should be investigated in a ______, _______ and ______ manner.
Thorough
Fair
Impartial
All citizen complaints are classified as either _________, ____________ or ____________
Category I
Category II
Other
Who decides the classification of each complaint? (based upon the most serious allegation made during any stage of the investigation)
Commander
What type of complaints are alleging PHYSICAL contact, excessive force, criminal, racial, sexual or immoral conduct?
Also includes acts of dishonesty and falsification of documents
Category I
What type of complaints are alleging VERBAL misconduct, nonverbal misconduct (not having physical contact)?
Category II
What are the different kinds of OTHER complaints?
DCRF
- Departmental
- Citation Validity
- Rescinded
- Frivolous
What are complaints that are issues brought up to the Dept that are not normally considered citizens complaints for the purpose of investigation and documentation?
Ex: Traffic, off-duty conduct, another agency, vehicle storage / impound
NON-Complaints
What are the 5 complaint findings? (Acronym)
SUUDE
- Sustained (at fault)
- Unintentional Error (honest mistake)
- Undetermined (no finding)
- Departmental (issue is with our policy)
- Exonerated (employee not at fault)
List complaint findings in order of severity (from bad to good)
- Sustained
- Unintentional Error
- Undetermined
- Departmental
- Exonerated
What is the letter called that is sent to the complainant upon conclusion of an investigation notifying them of the findings?
THIS IS REQUIRED FOR ALL CASES
Closing Correspondence
If a complainants allegation is solely against a CHP policy/procedure and NO employee misconduct is alleged, what shall be listed as the employee on the CHP 240?
“Department”
What is the CHP face page form for a Complaint Investigation?
CHP 240
Departmental complaints should be documented as a _______ complaint category.
OTHER complaint category
What type of complaint is totally and completely without merit or just filed to harass an employee?
These include complaints that are questionable or irrational.
Frivolous complaint
What type of complaint originates from a legislator’s office or from office of Governor, usually on behalf of a constituent?
Legislative complaint
Are complaints stemming from an employee’s off-duty actions accepted as a citizen’s complaint?
Normally, no.
What is a complaint in which the complainant, after having initiated the complaint process, specifically requests to withdraw all of the allegations?
Rescinded complaint
This is a type of OTHER complaint
Are vehicle storage / impound complaints, which challenges the validity of the storage/impound and not related to employee misconduct, accepted as citizens’ complaints?
No.
What is the face page to a complaint investigation package?
CHP 240 - Complaint Investigation
This will be completed for all Cat I, Cat II and Other complaints.
What is the form used as the Complaint Control Log? Helps track the complaint. Used to initially document receipt of the complaint.
CHP 240 A
What form is intended to be the primary instrument for citizens to file complaints against uniformed officers while also informing complainants about the complaint process?
This form contains statement, required by Penal Code, that tells them of the criminal penalties for filing false complaint.
CHP 240 B
BBBetter be telling the truth!
What form is provided to complainant at the time of their initial contact with the Dept?
CHP 240 B
What is WITNESS LIST form?
CHP 240 C
What is the form used for complaints against NON-UNIFORMED employees?
CHP 240 D
DDDamn Lito!
People that want to complain about a NON-UNIFORMED employee, shall be notified that that can also file the complaint where?
Online
After receiving the complaint, who should be notified?
Document the initial contact where?
A supervisor or command management.
Document on CHP 240
After receiving the complaint and notifying management, what is next step?
Determine if the complaint appears to be a valid citizens’ complaint. Even if frivolous.
(Cat I, Cat II or Other)
All complainants shall be acknowledged by correspondence within ___ business days
Within 5 business days
The complainant shall be requested to return the CHP 240B (uniformed) or CHP 240D (non-uniformed) within _____ business days
Within 10 business days
**Return envelope shall be provided
After acknowledging the complaint - assign a _______ number as outlined in the instructions for completing the CHP 240A. Who will then assign an investigator?
Assign a Control number
Commander of their designee
Third Party Complaint:
Send inquiring party correspondence acknowledging receipt of their complaint and letting them know that the allegedly aggrieved party will be contacted directly. Command shall then contact the complainant directly to ascertain their intentions, normal with a requested turnaround period of ____ days
30 days
The citizens’ complaint process is intended to afford WHO an avenue to voice concerns?
The public.
This process shouldn’t be used to document internal complaints or grievances
Any complainant who makes a claim of monetary damages, which are allegedly caused by actions of Departmental employees, shall be provided with a _________-
CHP 287 - Claims of $1,000 or less
Where can the public view and download and print a CHP 240D form?
chp.ca.gov
For non-uniformed complaints only
The normal suspense period for complaints received at the command, or forwarded from BIA, is ____ days
60 days
The suspense period for legislative complaints is _____ days
30 days
Who is responsible for the overall complaint and investigative process?
The commander
Are parents of a MINOR, considered 3rd party complainants?
NO! They are a party to the complaint
If assigned a complaint - first step should be to meet with _______
Meet with commander. Establish deadlines and keep them informed on case status.
If assigned a complaint and after meeting with the commander, you should begin a _______________
Only required for a Cat I complaint
Chronological log.
Helps keep investigation organized.
While only required for Cat 1, should be used in all cases
What is probably the single most important tool an investigator has at their disposal?
The INTERVIEW
Normally, an interview with the involved employee should be conducted when?
AFTER gathering all other available information
An employee is entitled to ________ when a meeting is held with their superiors for specific purpose of eliciting information which COULD LEAD to adverse action.
Representation
If, during course of routine interview in which employee DOES NOT have representation, information surfaces which indicates the employee MAY BE faced with adverse action, the interview SHOULD BE STOPPED and employee shall be informed of their right to _____________-
Representation
Officers facing a possible AA… SHALL NOT be asked to prepare a _______ unless they have representation.
Memo. It’s prohibited.
Unless a supervisor asks for memo to clarify events when there is no reason to suspect the investigation will lead to AA.
Statements by complainants and witnesses SHOULD or SHALL be recorded in potentially serious cases, as determined by commander.
SHALL BE recorded
Can complainants or witnesses be allowed to record an interview or discussion with an investigator?
Yes - shall be allowed to do so
IF THEY RECORD, YOU RECORD TOO
Outside of a formal interrogation (Form 8), investigators shall not tape record officers without the officers’ _________.
Consent.
They have right to record as well.
What is the key to conducting a successful interview?
OBJECTIVITY
The employee’s complaint history SHOULD or SHALL be examined in order to determine the existence of previous complaints which would be relevant to current investigation.
SHALL be examined
Evidence pertaining to an investigation shall be stored for a period of _____ years, beginning with date the complaint is filed.
5 years
Evidence shall remain in the command which originally completed the investigation, regardless of any subsequent ___________ of the involved employees
Transfers
Employees must give permission for release of their _______ records
Medical records
Each allegation of a complaint shall have a single _________-
Finding
Separate acts of the same alleged misconduct will be combined into a single allegation
The finding for a combined allegation shall be the most ______ finding from any one of these instances, based on order of severity.
The most severe
What kinds of complaints don’t have a finding as both of them are considered without merit?
Rescinded / Frivolous
What is the finding for all Departmental complaints
“Departmental”
Closing correspondence shall be sent within __________ calendar days of the investigation being approved
30 days
If employee was found to be in error (intentional or not) what action shall be taken against an employee?
Corrective action / corrective documentation
AA, CHP 2 (form 2), MOD, MOF
Corrective action should be taken against the employee WHEN allegations result in a finding of __________ or _____________
Sustained
Unintentional error
The _____________ admonition shall be included in all MOF’s and MOD’s
Bazemore Admonition
The _________ admonition shall not be included in any ________________________________
CHP 2 (Form 2)
Any employee covered by POBR has the right to submit a written response within _____ days to any adverse comment entered into their personnel file.
30 days
After signed off by commander, Completed Cat 1 investigations shall be forwarded to __________ for approval.
Division
Who is the final approval authority for all Cat II complaint investigations?
Area commander
Cat I, Cat II and Other complaints shall be destroyed after a period of ____ years
5 years
Any corrective documentation issued to an employee as a result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of ______ years
3 years
The CHP 240A shall be maintained by local commands for a period of ____ years
5 years
When an employee transfers, do complaint files from the command’s Master Complaint File for that employee get transfered to the new command?
Yes. All complaint files transfer with them
Despite a complainant’s request for confidentiality, the employee shall be provided with _________________________
the complainant’s identifying information
When an employee of the CHP has been requested be interviewed by FBI, the decision to consent to the interview with an outside investigator shall be at the sole discretion of the _____________________
Employee
If interview with outside investigator (FBI) is conducted on state time, who SHALL be present and what SHALL they do during interview?
Supervisor shall be present
They shall tape record interview
Who shall review a complaint when a complainant is not satisfied with a Division complaint review?
BIA
Should a 268 be attached to a complaint?
No
