HPM 10.4 CITIZENS COMPLAINT Flashcards
Category I complaint allegations:
Physical contact, excessive force and conduct that is criminal, racial, sexual or immoral, dishonesty, falsification of documents.
Category II Complaints
Verbal or non-verbal misconduct
Non-Complaints
(Not considered citizens’ complaints for the purpose of investigation/ documentation)
Consists of traffic, storage/ impound validity, other agency, and off duty conduct.
Five Complaint Findings
Sustained, Unintentional Error, Undetermined/ No Finding, Departmental, Exonerated. (SUUDE)
Interim Correspondence (Not required if in person)
Complaints SHALL be acknowledged by correspondence within 5 BUSINESS DAYS of Department’s notification of the complaint; Complainant to return 240B (or 240 D for non-uniformed) within 10 BUSINESS DAYS : SHALL be provided a copy of their allegations (on 240B)
Off-Duty Complaints
SHALL be investigated when a nexus to the Department has been established:
Simple awareness of what an employee does, does not create a nexus
Doesn’t preclude investigation if appropriate
Sustained/ Unintentional Error Findings on Allegations of Criminal Misconduct _______be referred to DA for review
May, Should, Should Not, Could, Shall
SHALL
Sustained/ Unintentional Error Findings on Allegations of Criminal Misconduct _______be referred to DA for review
May, Should, Should Not, Could, Shall
SHALL
Per __ ______, employee has the right to submit a written response within ____ days to any adverse comment entered into personnel file: However, they ____ be notified of this for MOD’s, MOF’s, and CHP form 2’s.
A) PC 340/ 30 days/ Shall
B) GC 3306/ 15 days/ Should
C) GC 33/ 33 days/ Shall
D) GC 3306/ 30 days/ Should
D) GC 3306/ 30 days/ Should
Retention Period for all Citizens Complaints
Five years from date received
Corrective documentation retained for 3 years from date of issue
240 A log retained for 5 years
Bazemore Admonition is included in ……….
All MODS, MOF’s
NOT included in Form 2’s
What happens to an employee’s complaint file upon transfer?
All complaints are forwarded to new area; However, evidence remains at old area
Online Complaints of Uniformed Employees
We take them, even though the process is meant for non-uniformed.
Chronological Summary on a Cat II
Optional
Approving authority on Cat II complaints
Area Commander. May be the Division Commander if necessary; Original SHALL be retained investigating command.
Final Authority of Cat I Complaints
Internal Affairs
Employee has the right to review and can have a copy of complaint investigation…….
Upon written request. This memo is placed in personnel file and retained for life.
Employee has the right to file a civil claim against a complainant…
Complainant confidentiality is therefore limited
To File a Civil Claim (148.6 PC)……….
Area Commander approval is required
Entire investigation has to be complete
The Employee, not the Department, is solely responsible for filing a false complaint.
No State resources SHALL be used for the case. Employee not acting in any official capacity or on behalf of Department in the matter.
A civil discovery must be filed (1043 EC) by employee before complaint documentation is used in Civil Litigation
Complaint Suspense periods received at Area or Forwarded to OIA within ____ day. Legislative Complaints in _____ days.
60 days/ 30 days
Complaint on an Employee during a Temporary Assignment ……
Permanent commands handle, unless Division Commander wants it investigated at temp command.
Complaint history ____ be examined for prior complaints relevant to current complaint.
Could, May, Should, Shall
SHALL
A Complaint Package is an Exhibit in a ____________
Internal Investigation
Other Complaints
Departmental
Citation Validity
Rescinded
Frivolous
Rescinded Complaints
If agreed upon by the commander, closing correspondence is still required
Frivolous Complaints
Commander to make the determination, If so, closing correspondence still required.
(Closing correspondence required for all complaints)
Closing Correspondence is ……….
Is required in all complaints.
Including frivolous and rescinded complaints, and when the complainant has requested no further contact from the Department.
It SHALL be sent within 30 CALENDAR DAYS of the investigation being approved
Corrective Documentation ONLY addresses…….
Sustained/ Unintentional Error findings (if multiple investigations)
An investigation involving multiple employee’s assigned to different commands…….
A single Division, Area or Section SHALL be appointed primary. In most cases, it will be the command with the most severe allegations or greatest number of involved employees
Amending Complaints……
At any time prior to discussion and review with employee; Original SHALL not be altered. Any requisite changes are done by memorandum and new 240 with amended box checked; review and discussion process are processed in the same manner as the original.
Employee is requested to be interviewed by investigators pursuant to a civil rights investigation…….
The decision to consent to an interview with an outside investigator SHALL be at the sole discretion of the employee; If on state time, Supervisor SHALL be present and SHALL record any interview.
Appeal of Complaint Findings by complainant—levels of review:
Division level then IA level: Closing correspondence after IA review SHALL be Department’s final response in the matter
The Evidence Code makes Citizens Complaints discoverable in a …..
Pitchess Motion
PC requires the Department to send written disposition to the complainant within ______ Days of the investigation outcome.
30 Days
Parents of Minors are considered ___________ __________ complainants
First Party Complainants
Employee representative __ ____ be allowed to in complaint interview unless I could lead to Adverse Action
Shall Not
Non adverse findings of Exonerated and Departmental _____ ___ be included in employee’s 118.
SHALL NOT
