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Longshot > HPM 10.4: CITIZENS' COMPLAINT INVESTIGATIONS > Flashcards

HPM 10.4: CITIZENS' COMPLAINT INVESTIGATIONS Flashcards

1
Q

What the four steps for the complaint process overview?

A

Acceptance, Investigation, Processing, and Closing

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2
Q

All citizens’ complaints investigated by this Department are classified as either (3):

A

Category I, Category II, or “Other.”

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3
Q

The _____ 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

commander

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4
Q

What is a Category I complaint?

A

Complaints alleging physical contact, excessive force,
and/or criminal, racial, sexual, or immoral conduct. Category I complaints also include
those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct

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5
Q

What is a Category II complaint?

A

Complaints alleging verbal misconduct, nonverbal
misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct

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6
Q

What is a Other complaint?

A

Complaints which may contain Category I or II allegations but which also meet the definition of one of the following types of complaints:
- Departmental complaint
- Citation Validity complaint (if this is the sole allegation)
- Rescinded complaint
- Frivolous complaint

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7
Q

What is a non-complaint?

A

Issues brought to the attention of the Department which are not normally considered citizens’ complaints for the purpose of investigation and
documentation
- Traffic
- Vehicle Storage/Impound Validity
- Other Agency
- Off-duty conduct

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8
Q

What is a “finding”?

A

A finding is a conclusion supported by a preponderance of all available evidence adequate to lead a reasonable and prudent person to reach thesame conclusion

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9
Q

A complaint allegation will have one of five findings:

A

(1) Sustained
(2) Unintentional Error
(3) Undetermined/No Finding
(4) Departmental
(5) Exonerated

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10
Q

Does a complainant’s request to rescind a complaint relieve the commander from the responsibility to determine the validity of the allegations?

A

no, it does not

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11
Q

Does the Dept accept 3rd party complaints from complaints by non-involved relatives, parents of children over the age of 18 years, and attorneys acting on behalf of a client?

A

yes

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12
Q

This form is the ‘face page’ of the complaint
investigation package and is the primary method of complaint documentation, it will be completed for all Category I, Category II, and Other complaints:

A

CHP 240

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13
Q

This form is used to initially document receipt of
citizens’ complaints, and as a management tool to track investigation status:

A

CHP 240A

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14
Q

This form is intended to be the primary instrument for citizens to file complaints against uniformed (peace officer) employees:

A

CHP 240B

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15
Q

This form is intended to be the primary instrument for citizens to file complaints against non-uniformed (non-peace officer) employees:

A

CHP 240D

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16
Q

All complainants shall be acknowledged by correspondence within ___ ___
days of the Department’s notification of the complaint.

A

five (5) business

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17
Q

The complainant shall be requested to return the CHP 240B or CHP 240D within ___ days.

A

ten (10) business

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18
Q

The ____ or ___ ____ assigns an investigator for a citizen’s complaint.

A

Commander or their designee

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19
Q

The acceptance of a formal
citizens’ complaint regarding allegations of off-duty misconduct should be limited
to certain conditions:

A

Specifically, such investigations shall be restricted to instances were a clear connection or nexus to employment by this Department has been made by the employee.

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20
Q

May Department employees voice concerns regarding employee conduct through the citizens’ complaint process?

A

no, shall not be utilized to document internal complaints or grievances.

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21
Q

A complainant acknowledges his vehicle registration was expired for 14 months, but alleges Officer Smith stored his vehicle only after Smith became angry at
the complainant’s discourtesy. Is this a complaint against Smith, or of storage validity?

A

Smith

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22
Q

Any complainant who makes a claim of monetary
damages, which are alleged to have been proximately caused by the actions, or inaction, of a Department employee shall be provided with a ___ or ___, as appropriate.

A

CHP 287, Claims of $1,000 or Less, or a BC-1A (Board of Control) Tort Claim

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23
Q

May a complainant remain confidential?

A

no, he/she shall be informed that the Department will attempt to honor their request to the greatest extent possible but the employee has a right to review the complaint

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24
Q

____ have the primary responsibility for the
citizens’ complaint program at the field and Division level.

A

Commanders

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25
Q

Who has the responsibility to investigate a citizen’s complaint?

A

the current commander of the Area/Section to which the involved employee was assigned at the time the incident occurred

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26
Q

The assigned primary investigator shall be at
least one grade higher than the involved employee, unless otherwise approved by:

A

the Division commander or appropriate Assistant Commissioner

27
Q

The primary investigator should/shall not be a party or witness to the incident in question.

A

should

28
Q

The normal suspense period for complaints received at
the command, or forwarded from BIA, is ___ days.

A

sixty (60)

29
Q

The suspense period for legislative complaints is ___ days.

A

thirty (30)

30
Q

Citizens’ complaints which originate while an employee is in training at the Academy will be the responsibility of the ___

A

Academy commander

31
Q

When an investigation involves multiple employees
assigned to different commands, which command will normally be assigned primary investigative command?

A

usually, it will be the command with
the employee who has the most severe allegations, or the command with the greatest number of employees named in the complaint

32
Q

While the ____ is responsible for the overall complaint and investigative process, the __ ___ is accountable for the conduct and quality of the investigation and documentation

A

commander/ primary investigator

33
Q

What is the single most important step the investigator should take?

A

to firmly establish the complainant’s specific allegations

34
Q

Is a belief on the employee’s part that adverse action is being considered, irrespective of the interviewer’s designs or intentions, sufficient grounds to warrant granting representation rights?

A

yes, it may be

35
Q

If the complaint investigation is of a serious
nature, and/or the facts indicate adverse action may reasonably result, is the employee afforded the right to representation?

A

yes, shall be

36
Q

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 adverse action, the interview should/shall be suspended and the employee shall be informed of his/her right to representation

A

should

37
Q

Evidence pertaining to an investigation conducted in accordance with this manual shall be stored for a period of ___ years, beginning with the date the complaint is filed

A

five

38
Q

Officer Smith stores a vehicle for expired registration, which he had verified as 15 months overdue via radio with the Communications Center. The registered owner files a complaint against Smith since the registration was actually only three months expired. During
the course of the investigation, it is determined the Communications Operator inadvertently provided the incorrect expiration information to Smith. What now?

A

The Communications Operator should be added to the complaint (with a probable finding of Unintentional Error) and Smith should be Exonerated.

39
Q

All complaints with allegations of criminal
misconduct which have been given a finding of Sustained or Unintentional Error shall be
referred to the respective __________ for review.

A

prosecuting district attorney’s office

40
Q

Each allegation shall have only one finding, even if several instances of that specific allegation are alleged. true/false

A

true

41
Q

EXAMPLE: The investigator, upon reviewing the tape recording of the above described incident, determines Officer Smith did make the first derogatory comment,
but the tape is too garbled to clearly understand the second conversation. Further, Smith categorically denies ever having called the citizen an ‘idiot.’ While the second
instance may properly be considered as Undetermined / No Finding, the first instance of verbal discourtesy is Sustained. Therefore…

A

the entire allegation must be Sustained, since this is a higher finding than Undetermined / No Finding

42
Q

EXAMPLE: During a routine traffic stop, Officer Smith informs a citizen that he will not issue a citation if she will agree to go on a date with him. The citizen later files a complaint of sexual misconduct. While being questioned about the incident, Smith admits he did in fact attempt to foster a social relationship with the citizen but denies any offer not to issue a citation as an inducement. Officer Smith did not issue a citation. This would be …

A

a Sustained allegation of inappropriate verbal sexual conduct.

43
Q

EXAMPLE: Officer Smith is dispatched to the scene of a minor traffic collision between a vehicle and a signpost, but there is no one at the scene and Smith simply stores the vehicle. The vehicle driver/owner later files a complaint because no accident report was taken, and evidence supporting his contention he was run off the road by another vehicle has long since disappeared. This would be …

A

a Sustained allegation of failure to
investigate.

44
Q

EXAMPLE: Officer Smith, new to the Area, mistakenly gives a motorist wrong directions to the freeway entrance. The citizen later complains that the officer’s
incompetence caused him to be late for an interview. Since it was not the intention of the officer to provide inaccurate information, the proper finding should be…

A

Unintentional
Error.

45
Q

EXAMPLE: Officer Smith, while completing arrest documentation for two suspects, misidentifies the ethnic origin of the complainant. The suspect later files a complaint, stating that if the officer can make such a simple mistake, then the balance of the report
is also likely to be filled with errors. The investigator determines Smith had inadvertently confused the race of the two suspects in the arrest reports. Since there is no evidence this was done maliciously, a finding of ___ would be appropriate for the allegation of improper investigation.

A

Unintentional Error

46
Q

EXAMPLE: A citizen files a complaint against Officer Smith for using an inappropriate hand gesture when the citizen inadvertently drove over some flares at an accident scene. When questioned, Smith does remember the driver, but denies making any such gesture. There are no witnesses. The investigator, lending equal credence to the officer and the citizen, and finding no reason to doubt the veracity of either, would justifiably come to a conclusion of:

A

Undetermined / No Finding

47
Q

EXAMPLE: A state-wide injunction is issued by a court to withhold enforcement of a certain section of the Vehicle Code. The following week, before the Department has an opportunity to implement the court order and notify all field commands, an officer issues a citation for that same violation. A complaint is filed, with the complainant demanding the officer be prosecuted for making a “false arrest.” Since the complaint arose from
the Department’s failure to implement the injunction in a timelier manner, and the officer’s action were in compliance with the policy and/or procedures in effect at that time, the most appropriate finding is ___.

A

Departmental

48
Q

EXAMPLE: An officer issues a citation for failing to wear a vehicle occupant restraint. The citizen complains, stating that it is a waste of the Department’s resources to
enforce seat belt laws for adults. This is, by definition:

A

Departmental complaint

49
Q

EXAMPLE: A citizen files a complaint against Officer Smith for handcuffing him after an arrest. The complainant states Smith was only attempting to harass and embarrass him. Since Smith was within policy by handcuffing a subject in custody, a finding of
____ is warranted.

A

Exonerated

50
Q

EXAMPLE: A citizen complains that it took over an hour before Officer Smith arrived to render assistance after their vehicle was reported disabled. The investigator, upon reviewing the dispatch records, determined Smith had been delayed by a report of an immediate traffic hazard and by assisting an officer who was arresting an
uncooperative subject. These delays are reasonable, so Smith should be ____ of lack of assistance.

A

Exonerated

51
Q

EXAMPLE: A citizen files a complaint against Officer Smith for handcuffing him after an arrest. The citizen expresses concern with the Department’s handcuffing policies, especially if the subject is not resistive or combative. What would happen?

A

If such were the case, this would be a Departmental complaint, and could be documented as an Other complaint

52
Q

The classification of a given complaint is determined by two factors:

A

highest category allegation and the investigation
circumstances.

53
Q

EXAMPLE: A citizen files a complaint against Officer Smith for verbal discourtesy and citation validity, which would be investigated as a Category II complaint. One week later, while the investigation is still in progress, the complainant informs the investigator that Smith perjured himself while testifying about the citation in traffic court. What next?

A

This Category I allegation would be added to the complaint, which would then be documented in a
Category I format.

54
Q

When the complainant, after having initiated a complaint, later requests to withdraw all of
the allegations, does the Commander have to accept this request?

A

No, Commanders may elect to accept or decline the request to rescind, basing their decision on the reasons for the request and the circumstances of the complaint known at that point.

55
Q

Is closing correspondence required for rescinded complaints?

A

yes and it shall reiterate the complainant’s desire to rescind the complaint

56
Q

Factors which may lead a commander or investigator to conclude that a complaint is Frivolous include (5):

A

(1) The allegations appear to be, on their face, preposterous.
(2) The complainant refused to sign or did not return the CHP 240B (uniformed employees only). However, the mere fact a complainant declines to sign or return a
CHP 240B, should not, in of itself, be considered grounds to deem a complaint as frivolous. That is, the CHP 240B should not be considered a ‘litmus test’ for the acceptance or investigation of a complaint. It is, however, a strong indicator that a
complainant’s motives may be suspect.
(3) The complainant has previously filed other frivolous complaints with this Department or another agency. Contact BIA for information regarding an individual’s
history of complaints with the Department.
(4) The complainant has provided conflicting or false statements.
(5) The allegations are severely dated, and the complainant cannot reasonably explain the necessity for not filing the complaint in a more timely manner.

57
Q

The ___ admonition shall be included in all Memorandums of Findings or Direction which are counseling or remedial in nature.

A

Bazemore

58
Q

Generally, ___ are the final approval authority for
all Category II complaint investigations.

A

Area commanders, however, Division commanders may reserve approval authority to themselves as deemed necessary

59
Q

Any employee covered under the Public Safety Officers
Procedural Bill of Rights (POBR), who expresses a desire submit a response to a complaint investigation or any corrective/closing documentation, should be directed to
Government Code §3306. The section specifies that such a rebuttal must be written and received by the Department within ___ days. The response will be reviewed and be attached to the investigation file or corrective/closing documentation as appropriate.

A

thirty (30)

60
Q

Any corrective documentation issued to an employee as the result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of __ years, commencing from
the date of issue.

A

three (3)

61
Q

The (IA) ___ ___ is a catalog of complainants who have demonstrated a propensity towards the filing of frivolous, spurious or specious complaints

A

Information File

62
Q

The ___ shall prepare a memorandum requesting the entry of the complainant in the Information File

A

Commander

63
Q

Does the mere fact a complainant is in the Information File does not relieve the commander from
the responsibility of adequately investigating all allegations of a complaint?

A

no

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