HPM 10.4 - Citizens Complaint Investigations Flashcards
It is the policy of this Department that the citizens’ complaint process be utilized as a management tool to provide the highest level of public service. The public rightfully expects only the highest standards from our employees, and must have faith that the Department accepts and investigates complaints in an unbiased environment.
True or False
HPM 10.4 Chap 1-1
True
All citizens’ complaints investigated by this department are classified as either ________,
__________, or __________.
HPM 10.4 Chap 2 Page 1
Category I, Category II, or “Other.”
An employees _______ shall be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.
complaint history
A complaint which originates from a legislator’s office or from the Office of the Governor, usually on behalf of a constituent. Special processing and suspenses apply, is known as _________.
HPM 10.4 Chap 2-3
Legislative Complaint
This form is used to initially document receipt of a
citizens’ complaint, and as a management tool to track investigation status. Information required to complete the annual report to BIA is tracked on this form.
HPM 10.4 Chap 3-1
CHP 240A
The requirement that each department or agency which employs peace officers establish a procedure to investigate citizen complaints is contained in section 832.5 of the ______?
Government Code
At the conclusion of all complaint investigations, a _____ shall be sent to the complainant.
closing correspondence
The decision to consent to an interview with an outside investigator regarding a civil rights investigation shall be at the sole discretion of the ________
Employee
A commander may release a complaint investigation file to the attorney general when the AG is defending the department or its employees.
True or False
True
Regardless of the findings of a complaint, the overall classification of the complaint will be based upon the _______ made during any stage of the investigation.
Highest category allegation
A complaint alleging physical contact, excessive force, and or criminal, racial, sexual, or immoral conduct is a ____ complaint.
Category I
A category II complaint where the investigation reveals the allegations were against department operations, policies or procedures, and the employees conduct was consistent with those operations, policies and procedures is an _______
Other
Complaints alleging verbal misconduct, nonverbal misconduct not involving actual physical contact, and or complaints regarding matters not related to an employees conduct are ___ complaints.
Category II
The person in charge of an internal investigation must be of at least _____ than the involved employee.
one rank higher
What are the five complaint filings?
Sustained, unintentional error, undetermined/no finding, departmental and exonerated
Complaints arising from an employees off-duty conduct or actions shall be closely scrutinized and investigated as citizens’ complaints when there is a clear __________________
Nexus to the Department
Page 3-4
All sustained criminal allegations shall be referred to the respective _____________ for review.
Prosecuting District Attorney’s office
Page 5-10
At the conclusion of a citizens’ complaint investigation, the employee shall be advised of the right to submit a written response within _______ days, which is in accordance with Government Code Section ______
Thirty (30)
3306
Page 7-15
The Bazemore Admonition shall not be included in any CHP 2.
True or False
True
Page 7-15
If a commander receives a third party complaint, is the commander required to attempt to contact the allegedly aggrieved party?
Yes
Page 3-4
Who is the approving authority for Category II complaints? Area Commander
Page 8-2
Area Commander
Page 8-2
The information file is for what purpose?
The information file is a catalog of complainants who have filed frivolous, spurious or specious complaints.
Page 10-3
What must an employee do to gain a copy of the complaint investigation?
Submit a written request
Page 8-5
In accordance with Penal Code Section ______, all citizens’ complaint investigations shall be retained for a period of ______ years. 832.5
Five (5)
Page 9-2
832.5
Five (5)
Page 9-2
If the complaint investigation uncovers any actual or alleged damage to property, or injuries to persons which may result in a claim against the state, a CHP 268, Potential civil litigation Report, shall be completed. The CHP 268 ________ be attached to the complaint investigation.
Shall not
Page 7-13
