HPM 10.4 Citizen's Complain Investigations

Question 1

When a citizen complaints to the Dept., either verbally, in writing or in person, the complaint ill be acknowledged in a timely manner and the investigation will be initiated. As required by __________, the complainant will be notified of potential criminal and or civil penalties for filing false or malicious complaints against peace officers.

a. Dept. policy
b. Law
c. MOU
d. all of the above

Answer 1

b. Law

Question 2

(2-1) GENERAL
Who shall decide the overall classification of each complaint, based upon the most serious allegation made during any stage of the investigation and the overall circumstances of the complaint?
a. Investigator
b. Complainant
c. Commander
d. Division Chief

Answer 2

c. Commander

Question 3

CATEGORY 1 COMPLIANTS: (2-1)
defined as; complaints alleging physical contact, excessive force, and or criminal, racial, sexual, of immoral conduct. Category 1 complaints also include those which allege acts or \_\_\_\_\_\_ and/or falsification of documentation, or allegations of \_\_\_\_\_\_\_\_ conduct. 
a. dishonesty, unethical
b. chemical dependency, felonious
c. dishonesty, felonious
d. chemical dependency, ethical

Answer 3

a. dishonesty, unethical

Question 4

THIRD PARTY COMPLAINT: (2-4) (3-4)
Third party complaint is a complaint brought by any person or group, who is not a witness or party to an alleged act of misconduct or neglect of duty, but who reports such conduct to this Dept. on behalf of the potential aggrieved person. This includes complaints by non involved relatives, parents of children over 18, and attorneys.
a. true
b. false

Answer 4

a. true

Question 5

If a complainant expresses a desire to remain confidential, the Dept. shall honor their request.

a. True
b. False

Answer 5

b. False

Question 6

The Commander is responsible for ensuring all investigations are completed in a timely manner. The normal suspense period for complaints received at the command, or forwarded by BIA is _____ days. The suspense period for legislative complaints is _____ days

a. 60, 90
b. 30. 60
c. 60, 30
d. 90, 60

Answer 6

c. 60, 30

Question 7

The use of acting sergeants of OIC’s to assist with specific facets of an investigation is prohibited

a. true
b. false

Answer 7

b. false (OK with concurrence of commander)

Question 8

When an investigation involves multiple employees assigned to different commands, a single Division, Area or Section _________ be appointed as the primary investigative command.

a. should
b. may
c. may not
d. shall

Answer 8

d. shall

Question 9

In accordance with HPM 11.1, Administrative Procedures Manual, when a commander is notified that a Board of Control claim has been filed which alleges employee misconduct not previously investigated by the Dept., then a citizens’ complaint investigation shall be initiated.

a. true
b. false

Answer 9

a. true

Question 10

All complaints with allegations of criminal misconduct which have been given a finding of Sustained or Unintentional Error _______ be referred to the respective prosecuting district attorney’s office for review.

a. shall
b. should
c. may
d. must

Answer 10

a. shall

Question 11

In terms of documenting a citizen’s complaint, “departmental” complaints may only be alleged against the Department, and never against an employee

a. true
b. false

Answer 11

a. true

Question 12

(3-3)
All complaints shall be acknowledged by correspondence within \_\_\_\_\_\_\_\_\_\_ of the Department's receipt of a citizen's complaint
a. 48 hours
b. Ten calendar days
c. Five business days
d. Ten business days

Answer 12

c. Five business days

Question 13

All citizen’s complaints shall be accepted, regardless of whether they are alleged by members of the general public or other employees of the Department.

a. true
b. false

Answer 13

b. false

Question 14

Interim correspondence is not required if the complainant originally contacted the Department in person, and the complainant has be provided with the requisite information normally contained within an interim letter at that time

a. True
b. False

Answer 14

a. True

Question 15

(3-3)
If the complaint involves a departmental peace officer, the complainant SHALL be requested to sign the advisory statement on the CHP240B.  Complainants shall be requested to sign and return a CHP 240B or CHP 240D within \_\_\_\_\_\_\_\_\_. 
a. Five business days
b. Ten calendar days
c. Ten business days
d. Five calendar days
`

Answer 15

c. Ten business days

Question 16

As required by law, the Department’s Internet website contains a link for filing citizen’s complaints. This site is intended for complaints against non-uniformed employees only; however, the Department will accept internet complaints against uniformed personnel, as well.

a. true
b. false

Answer 16

a. true

Question 17

You are the lieutenant at a field command and receive a citizen’s complaint against an officer who transferred to your command just two weeks ago. Although the alleged misconduct occurred while the officer was assigned to his previous field command, that office forwarded the complaint to your command, because he was no longer assigned o that office when the complainant actually filed the complaint. Unless directed otherwise by division, what should you do?

a. Return the complaint to the previous command, as it is their responsibility to investigate
b. Accept the complaint and assign an investigator from your command
c. Accept the complaint, but coordinate with the previous command to have one of their sergeants investigate the allegation.
d. Inform the complainant the Department will not accept their complaint because the officer has since transferred commands.

Answer 17

a. Return the complaint to the previous command, as it is their responsibility to investigate

Question 18

Unless an extension is granted, citizen’s complaints shall normally be completed within ______ days

a. 30 calendar
b. 15 business
c. 30 business
d. 60 calendar

Answer 18

d. 60 calendar

Question 19

Unless an extension is granted, citizen’s complaints received from legislative office shall normally be completed within ______ days.

a. 30 calendar
b. 15 business
c. 20 business
d. 20 calendar

Answer 19

a. 30 calendar

Question 20

When a citizen’s complaint is received involving employees from multiple commands, which of the following is the proper procedure for investigating the complaint?

a. Each command shall investigate allegations only against their assigned personnel, as a separate stand-alone complaint investigation.
b. only a single employee may be listed on a complaint , so the Division commander shall determine which employee has the most severe allegation to be investigated.
c. the complaint shall be investigated by an uninvolved command within the Division Commander or his/her designee.
d. a single command shall be selected to investigate the complaint, usually the command to which the employee with the most severe allegations is assigned

Answer 20

d. a single command shall be selected to investigate the complaint, usually the command to which the employee with the most severe allegations is assigned

Question 21

Grievances are kept at the Area office for ______ and Headquarters for __________.

a. 1 year / 3 years
b. 3 years / 5 years
c. 5 years / 7 years
d. there are no specific time frames for grievances

Answer 21

b. 3 years / 5 years

Question 22

CATEGORY 2 COMPLIANTS: (2-1)
defined as; complaints alleging \_\_\_\_\_\_\_ misconduct, non verbal misconduct(not involving actual physical contact), and or complaints regarding matters not related to an employee conduct.
a. verbal
b. chemical dependency, 
c. dishonesty, 
d. felonious

Answer 22

a. verbal

Question 23

"OTHER" COMPLAINTS: (2-1)
defined as; complaints may contain category 1 or 2 allegations, but which meet the definition of one of the following types of complaints:
1. 
2.
3.
4.

Answer 23

1. Departmental
2. Citation validity (if this is the sole compliant)
3. Rescinded
4. Frivolous

Question 24

"NON" COMPLAINTS: (2-1)
defined as; Issues brought to the attention of the Department which are NOT normally considered citizens complaints for the purpose of investigation and documentation in accordance with this manual.
Examples:
1. 
2.
3.
4.

Answer 24

1. Traffic
2. Vehicle Storage /Impound authority
3. Other agency
4. Off duty conduct

Question 25

FINDINGS: (2-2)

a. Is a conclusion supported by a preponderance of all available evidence adequate to lead a reasonable and prudent person to reach the same conclusion.
b. A complaint allegation will have one of five findings:
1. S
2. U
3. U/N
4. D
5. E

Answer 25

1. Sustained
2. unintentional error
3. Undetermined/ No Finding
4. Departmental
5. Exonerated

Question 26

FINDINGS: (2-2)
DEFINED
The act or omission did occur, and it is deemed improper. Is which of the following:
1. Sustained
2. unintentional error
3. Undetermined/ No Finding
4. Departmental
5. Exonerated

Answer 26

1. Sustained

Question 27

FINDINGS: (2-2)
DEFINED
The act or omission did occur, and it is deemed improper, but was the result of an employee's HONEST mistake.  Is which of the following:
1. Sustained
2. unintentional error
3. Undetermined/ No Finding
4. Departmental
5. Exonerated

Answer 27

2. unintentional error

Question 28

FINDINGS: (2-2)
DEFINED
Used only when the evidence, or lack thereof precludes the investigator fro making a definite judgement.  Is which of the following:
1. Sustained
2. unintentional error
3. Undetermined/ No Finding
4. Departmental
5. Exonerated

Answer 28

3. Undetermined/ No Finding

Question 29

FINDINGS: (2-2)
DEFINED
Used when the employee's actions are fully in compliance with departmental policy and or procedure, but the policy or procedure itself is found to be erroneous or is the cause of the complainants concern.  departmental is also the only allowable finding for Departmental complaints.  Is which of the following:
1. Sustained
2. unintentional error
3. Undetermined/ No Finding
4. Departmental
5. Exonerated

Answer 29

4. Departmental

Question 30

FINDINGS: (2-2)
DEFINED
The employee did not commit the act (omission) or did commit the act and it is deemed to be proper or within Departmental Policy.  Is which of the following:
1. Sustained
2. unintentional error
3. Undetermined/ No Finding
4. Departmental
5. Exonerated

Answer 30

5. Exonerated

Question 31

RESCINDED: (7-1)
A compliant is considered to be rescinded when the complainant, after having initiated a complaint, later requests to withdraw all of the allegations, Commanders may elect to accept or decline the request to rescind, based on their decision on the reasons for the request and the circumstances of the compliant known at that point.

Answer 31

RESCINDED: (7-1)
A compliant is considered to be rescinded when the complainant, after having initiated a complaint, later requests to withdraw all of the allegations, Commanders may elect to accept or decline the request to rescind, based on their decision on the reasons for the request and the circumstances of the compliant known at that point.

Question 32

FRIVOLOUS: (7-2)
Are complaints which appear to be irrational or have been filed with malicious intent against the employee.
T/F

Answer 32

True

Question 33

CATEGORY II INVESTIGATIONS: (8-2)
____________s are the final authority for all category II compliant investigations. However Division commanders may reserve approval authority to themselves as deemed necessary.

Answer 33

REVIEW:
CATEGORY II INVESTIGATIONS: (8-2)
AREA COMMANDERS are the final authority for all category II compliant investigations. However Division commanders may reserve approval authority to themselves as deemed necessary.