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My Flashcards 2025 > HPM 10.4 Citizens' Complaint manual > Flashcards

HPM 10.4 Citizens' Complaint manual Flashcards

1
Q

The person in charge of an internal investigation must be of at least ___________ than the involved employee.

A

One rank higher

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2
Q

The act or omission did occur and was improper defines a ___________ finding.

A

Sustained

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3
Q

True or false? To preserve the accuracy of the statements, all interviews conducted on state time shall be tape-recorded?

A

True

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4
Q

If an interview with a department employee regarding a civil rights violation is held on state time, a departmental _________ shall be present.

A

Supervisor

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5
Q

The requirement that each department or agency which employs Peace Officers establish a procedure to investigate citizen complaints is contained in the _____________.

A

Penal Code

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6
Q

When Federal or State elected officials are the third party and write the investigating Command directly, closing correspondence may be prepared by the command in coordination with the Office of Dignitary Protection.

A

False

with the Office of Special Representative) (OSR

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7
Q

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

A

Category II

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8
Q

When the investigation cannot establish that sufficient evidence exists a ________ shall be filed.

A

Undetermined/no finding

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9
Q

Category I, Category II and “Other” complaints shall be destroyed after _______________ years.

A

5

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10
Q

True or false? The complaint log shall be maintained in a location which ensures it‘s confidentiality.

A

True

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11
Q

A complaint which is totally and completely without merit, or which is filed for the sole purpose of harassing an employee is considered a __________complaint.

A

Frivolous

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12
Q

True or false? Complaints arising out from an employee’s off-duty conduct or actions should be limited and shall be restricted to instances where a clear connection or nexus to employment exists.

A

True

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13
Q

Civil rights violations are identified in federal statutes and are _______ in nature.

A

Criminal

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14
Q

A complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct is a __________ complaint.

A

Category I

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15
Q

What are the five complaint findings?

A

SUUDE

Sustained
Unintentional error
Undetermined/No Finding
Departmental
Exonerated
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16
Q

Upon initial receipt of a complaint against an officer, the complainant must be provided a __________.

A

CHP 240B

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17
Q

When an employee transfers, all complaint files shall be ________ to the new command.

A

Transferred

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18
Q

True or false? A Commander may release a complaint investigation file to the Attorney General when the AG is defending the department or its employees.

A

True

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19
Q

When the employee did not commit the alleged act or omission or did commit the act and it was deemed proper or within Departmental policy defines a ________ finding.

A

Exonerated

20
Q

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.

A

Highest category allegation

21
Q

If the employee is not satisfied with the investigation he/she should be advised of the
right to submit a written response within _____ days in accordance with Government Code Section 3306.

A

30

22
Q

True or false? Allegation findings shall be based on a preponderance of evidence adequate to lead a reasonable and prudent person to reach the same conclusion.

A

True

23
Q

All sustained criminal allegations shall be referred to the respective_________ for review.

A

Prosecuting district attorney’s office

24
Q

An employee’s _____________ shall be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.

A

Complaint history

25
Q

Whenever an employee of this department learns another agency is conducting an investigation involving CHP personnel, he/she shall immediately notify his/her _______.

A

Commander

26
Q

True or false? A control number shall be assigned by the investigating command to all complaints documented in the Category I, Category II, or Other formats.

A

True

27
Q

When the investigation indicates the complaint is against Departmental policy or procedure and the employee’s action was in compliance with those policies or procedures defines a ________ finding.

A

Departmental

28
Q

The decision to consent to an interview with an outside investigator regarding a civil rights investigation shall be at the sole discretion of the __________.

A

Employee

29
Q

If the employee refuses to sign, the supervisor shall indicate __________ on the CHP 240.

A

Refused to sign

30
Q

At the conclusion of all complaint investigations, a _______ shall be sent to the complainant.

A

Closing correspondence

31
Q

When the employee made and honest mistake, but the act or omission did occur in the performance of his/her duties a _______ finding shall be filed.

A

Unintentional error

32
Q

True or false? After reviewing the complaint investigation, the involved employee and the reviewing supervisor shall complete the employees’ discussion and review section of the original or the Area’s copy of the CHP 240.

A

True

33
Q

Closing correspondence is required in all cases and shall be sent within _____ of the investigation being approved.

A

30 days

34
Q

A complaint where the allegation includes a Department operation, policy or procedures
claim is categorized as a ____________ complaint.

A

Other

35
Q

An original investigation __________ be altered. Changes will be made by ___________ and referred to the appropriate sections of the original copies.

A

Shall not, memorandum

36
Q

A civilian calls and requests to file a formal complaint about an officer yelling at her during a traffic stop. She further relates the officer called her a “every bad name”. This would be an example of a ___________ complaint.
A. Category 1
B. Category 2
C. Other
D. Frivolous Complaint

A

B. Category 2

37
Q
  1. You are informed a civilian is at the front desk requesting to file a complaint against an officer for his off duty conduct. This would be an example of a __________.
    A. Category 1
    B. Category 2
    C. Other
    D. Non Complaint
A

D. Non Complaint

38
Q

A complaint allegation will have one of ________ findings.
A. 3
B. 4
C. 5
D. 6

A

C. 5

39
Q

An allegation which is solely against a Department policy or procedure, and NO employee misconduct is alleged should be handled as a _________complaint.
A. Category 1
B. Category 2
C. Departmental
D. Other

A
40
Q

Legal counsel retained by complainant should be considered a _________ complaint.
A. First party
B. Second party
C. Third party
D. Fourth party

A

C. Third party

41
Q

All complainant shall be acknowledged by correspondence within __________ of the Department’s notification of the complaint.
A. 48 hours
B. 5 business days
C. 10 calendar days
D. 10 business days

A

B. 5 business days

42
Q

The normal suspense period for complaints received at the command, or forwarded from BIA, is _________. The suspense period for legislative complaints is _________.
A. 30, 60
B. 60, 90
C. 60, 30
D. 90, 60

A

C. 60, 30

43
Q

The Chronological Log is only required for _________ complaints.
A. Category 1
B. Category 2
C. Other
D. Departmental

A

A. Category 1

44
Q
  1. Closing Correspondence shall be sent within _________ of the investigation being approved.
    A. 10 business days
    B. 21 business days
    C. 30 calendar days
    D. 60 calendar days
A

C. 30 calendar days

45
Q
  1. Any corrective documentation issued to an employee shall be removed from the personnel folder after a period of __________, commencing from the date of issue.
    A. 3 years
    B. 4 years
    C. 5 years
    D. 1 year
A

A. 3 years

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