HPM 10.4 CITIZENS' COMPLAINT INVESTIGATIONS

Question 1

All citizens’ complaints investigated by this Department are classified as either _________ HPM 10.4, 2-1

Answer 1

Category I, Category II, or “Other”

Question 2

A complaint allegation will have ____ of five findings:
(1) Sustained,(2) Unintentional Error, (3) Undetermined/No Finding, (4) Departmental,
(5) Exonerated. HPM 10.4, 2-2

Answer 2

ONE

Question 3

The _______(Complaint Investigation) will be completed for all Category I, Category II, and Other complaints. HPM 10.4, 3-1

Answer 3

CHP 240

Question 4

The CHP 240A(Complaint Control Log) _____ be maintained in a location that ensures its confidentiality. HPM 10.4, 3-1

Answer 4

SHALL

Question 5

_____, Citizens’ Complaint Information is intended to be the primary
instrument for citizens to file complaints against uniformed (peace officer) employees,
while also informing complainants about the complaint process. HPM 10.4, 3-1

Answer 5

CHP 240B

Question 6

____, Citizens’ Complaint Information (Non Uniformed) is intended
to be the primary instrument for citizens to file complaints against non-uniformed (non peace officer) employees, while also informing complainants about the complaint process. HPM 10.4, 3-1

Answer 6

CHP 240D

Question 7

All complainants shall be acknowledged by correspondence within _____ business
days of the Department’s notification of the complaint. HPM 10.4, 3-3

Answer 7

FIVE

Question 8

The complainant shall be requested to return the CHP 240B or CHP 240D within ______ business days. HPM 10.4, 3-3

Answer 8

TEN

Question 9

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 _______, Claims of $1,000 or Less. HPM 10.4, 3-6

Answer 9

CHP 287

Question 10

As further required by law, a complainant contacting the Department by telephone regarding a ___ ________ employee shall be informed that information about filing such a complaint may be obtained via the Internet and that many local libraries offer Internet access. HPM 10.4, 3-6

Answer 10

NON UNIFORMED

Question 11

When an investigation involves multiple employees assigned to different commands, a single Division, Area, or Section ______ be appointed as the primary investigative command. HPM 10.4, 4-2

Answer 11

SHALL

Question 12

Citizens’ complaints which originate while an employee is working a temporary assignment within the Department, such as a Protective Services Detail, Motor Carrier Inspection Program, watch officer, etc., remain the responsibility of the employee’s _________ commander. HPM 10.4, 4-2

Answer 12

PERMANENT

Question 13

Complaints _______ be investigated to the degree necessary to reach a logical conclusion. HPM 10.4, 5-1

Answer 13

SHALL

Question 14

When a complaint involves a purported injury to the complainant, every effort ______be made to thoroughly document such injuries. HPM 10.4, 5-4

Answer 14

SHALL

Question 15

Normally, an interview with the involved employee should be conducted ______ gathering all other available information. HPM 10.4, 5-5

Answer 15

AFTER

Question 16

The investigator _______ normally avoid confronting the employee immediately after receiving a complaint. HPM 10.4, 5-5

Answer 16

SHOULD

Question 17

In accordance with existing case law, legal statute, and current Department of
Personnel Administration guidelines, an employee is entitled to representation when a
meeting is held with his/her superiors for the specific purpose of eliciting information
which _____ ______ to adverse action. HPM 10.4, 5-5

Answer 17

COULD LEAD

Question 18

If the complaint investigation is of a serious nature, and/or the facts indicate adverse action may reasonably result, the employee _____ be afforded the right to representation. HPM 10.4, 5-5

Answer 18

SHALL

Question 19

As such, before refusing a request for representation, it is _________ that
commanders and supervisors consult with the Office of Employee Relations (OER) or
BIA for additional guidance (with the concurrence of Division, as appropriate). HPM 10.4, 5-5

Answer 19

RECOMMENDED

Question 20

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 ______ be suspended and the employee _____ be informed of his/her right to representation. HPM 10.4, 5-5

Answer 20

SHOULD

SHALL

Question 21

Statements by complainants and witnesses ______ be recorded in potentially serious cases, as determined by the commander. HPM 10.4, 5-6

Answer 21

SHALL

Question 22

Complainants or witnesses who desire to use an audio tape recorder to record an interview or discussion with an investigator _____ be allowed to do so. HPM 10.4, 5-6

Answer 22

SHALL

Question 23

Should a supervisor desire to tape record an interview with an employee, outside the scope of a formal Administrative Interrogation, ____ ______must be obtained from the employee. HPM 10.4, 5-6

Answer 23

PRIOR PERMISSION

Question 24

________ is the key to conducting a successful interview. HPM 10.4, 5-6

Answer 24

OBJECTIVITY

Question 25

The employee’s complaint history _____ be examined in order to determine the
existence of previous complaints which would be relevant to the current investigation. HPM 10.4, 5-8

Answer 25

SHALL

Question 26

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. HPM 10.4, 5-9

Answer 26

FIVE

Question 27

____ complaints with allegations of criminal misconduct which have been given a finding of Sustained or Unintentional Error shall be referred to the respective prosecuting district attorney’s office for review. HPM 10.4, 5-10

Answer 27

ALL

Question 28

The ______ possible complaint allegation findings are listed below, in order of severity from highest to lowest. HPM 10.4, 6-1

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

Answer 28

FIVE

Question 29

Each allegation shall have only one finding, even if several instances of that specific allegation are alleged. HPM 10.4, 6-1

Answer 29

ONE

Question 30

The finding for a combined allegation shall be the most ______ finding from any one of the instances, based on the order of severity specified above. HPM 10.4, 6-2

Answer 30

SEVERE

Question 31

________-The act (or omission) did occur, and it is deemed improper. The investigation should clearly articulate why the act is improper, e.g., violation of what specific departmental policy or local procedure, state law, etc. HPM 10.4, 6-2

Answer 31

SUSTAINED

Question 32

Do not indicate any finding for the allegations listed in a ______ or ________complaint on the CHP 240. HPM 10.4, 6-2

Answer 32

RESCINDED OR FRIVOLOUS

Question 33

__________ -The act (or omission) did occur, but as a result of an
employee’s honest mistake. HPM 10.4, 6-3

Answer 33

UNINTENTIONAL ERROR

Question 34

__________ - Used when the employee’s actions are fully in compliance with
Department policy and/or procedure, but the policy or procedure itself is found to be
erroneous or is the cause of the complainant’s concerns. HPM 10.4, 6-3

Answer 34

DEPARTMENTAL

Question 35

__________ -The employee did not commit the act (or omission), or did commit the
act and it is deemed proper and/or within Department policy. HPM 10.4, 6-4

Answer 35

EXONERATED

Question 36

_________/________ -Used only when the evidence, or lack thereof, precludes the investigator from making a definitive judgment. HPM 10.4, 6-3

Answer 36

UNDETERMINED/NO FINDING