HPM 10.4 Citizens' Complaint manual Flashcards
The person in charge of an internal investigation must be of at least ___________ than the involved employee.
One rank higher
The act or omission did occur and was improper defines a ___________ finding.
Sustained
True or false? To preserve the accuracy of the statements, all interviews conducted on state time shall be tape-recorded?
True
If an interview with a department employee regarding a civil rights violation is held on state time, a departmental _________ shall be present.
Supervisor
The requirement that each department or agency which employs Peace Officers establish a procedure to investigate citizen complaints is contained in the _____________.
Penal Code
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.
False
with the Office of Special Representative) (OSR
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.
Category II
When the investigation cannot establish that sufficient evidence exists a ________ shall be filed.
Undetermined/no finding
Category I, Category II and “Other” complaints shall be destroyed after _______________ years.
5
True or false? The complaint log shall be maintained in a location which ensures it‘s confidentiality.
True
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.
Frivolous
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.
True
Civil rights violations are identified in federal statutes and are _______ in nature.
Criminal
A complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct is a __________ complaint.
Category I
What are the five complaint findings?
SUUDE
Sustained Unintentional error Undetermined/No Finding Departmental Exonerated
Upon initial receipt of a complaint against an officer, the complainant must be provided a __________.
CHP 240B
When an employee transfers, all complaint files shall be ________ to the new command.
Transferred
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.
True
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.
Exonerated
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
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.
30
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.
True
All sustained criminal allegations shall be referred to the respective_________ for review.
Prosecuting district attorney’s office
An employee’s _____________ shall be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.
Complaint history
Whenever an employee of this department learns another agency is conducting an investigation involving CHP personnel, he/she shall immediately notify his/her _______.
Commander
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.
True
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.
Departmental
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
If the employee refuses to sign, the supervisor shall indicate __________ on the CHP 240.
Refused to sign
At the conclusion of all complaint investigations, a _______ shall be sent to the complainant.
Closing correspondence
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.
Unintentional error
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.
True
Closing correspondence is required in all cases and shall be sent within _____ of the investigation being approved.
30 days
A complaint where the allegation includes a Department operation, policy or procedures
claim is categorized as a ____________ complaint.
Other
An original investigation __________ be altered. Changes will be made by ___________ and referred to the appropriate sections of the original copies.
Shall not, memorandum
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
B. Category 2
- 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
D. Non Complaint
A complaint allegation will have one of ________ findings.
A. 3
B. 4
C. 5
D. 6
C. 5
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
Legal counsel retained by complainant should be considered a _________ complaint.
A. First party
B. Second party
C. Third party
D. Fourth party
C. Third party
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
B. 5 business days
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
C. 60, 30
The Chronological Log is only required for _________ complaints.
A. Category 1
B. Category 2
C. Other
D. Departmental
A. Category 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
C. 30 calendar days
- 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. 3 years
Corrective action shall be in written form: Request for Adverse Action, CHP 2- incident report (censurable), _____________, _________________
Memorandum of Direction, Memorandum of Findings.
