HPM 10.4 Citizens' Complaint - Quiz 1 Flashcards
What are category 1 complaints?
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.
What are category 2 complaints?
Complaints alleging verbal misconduct, nonverbal
misconduct (not involving actual physical contact), and/or complaints regarding
matters not related to an employee’s conduct.
What are “other” complaints?
Complaints which may contain Category I or II allegations as
outlined above, but which also meet the definition of one of the following types of
complaints, as defined in this chapter:
- Departmental complaint
- Citation Validity complaint (if this is the sole allegation)
- Rescinded complaint
- Frivolous complaint
What are non-complaints?
Issues brought to the attention of the Department which are not normally considered citizens’ complaints for the purpose of investigation and documentation in accordance with this manual. Refer to Chapter 3 for specific guidance on the acceptance and proper processing of these complaints. Examples of such non-complaint issues include:
- Traffic
- Vehicle Storage/Impound Validity
- Other Agency
- Off-duty conduct
A complaint allegation will have one of five findings. What are they in order of severity?
(1) Sustained - The act (or omission) did occur, and it is deemed improper.
(2) Unintentional Error - The act (or omission) did occur and it is deemed improper, but was the result of an employee’s honest mistake.
(3) Undetermined/No Finding - Used only when the evidence, or lack thereof,precludes the investigator from making a definitive judgment.
(4) Departmental - 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. Departmental is also the only allowable finding for Departmental complaints.
(5) Exonerated - The employee did not commit the act (or omission), or did commit the act and it is deemed to be proper or within Department policy.
All complainants shall be acknowledged by correspondence within _______business
days of the Department’s notification of the complaint.
5 (five)
What are the Forms required for a complaint?
CHP 240 - compliant investigation
CHP 240A - complaint control log
CHP 240B - citizens’ complaint information
CHP 240D - citizens’ complaint information (non-uniformed)
True or False - Can acting sergeants or Officers-In-Charge assist with specific facets of
an investigation?
True, with commanders approval
The normal suspense period for complaints received at the command, or forwarded from BIA, is _____days.
60 (sixty)
The suspense period for legislative complaints is ______ days.
30 (thirty)
SPECIAL CASES.
Academy Training. Citizens’ complaints which originate while an employee is in training at the Academy will be the responsibility of the _________
Academy commander.
Ensure that all complainants are provided a copy of the
_______ or ______ as appropriate.
CHP 240B
CHP 240 D
Is it necessary to interview the complainant?
It’s advisable, but not necessary. If a complainant is not interviewed, this fact shall be noted in the narrative portion of the investigation file.
True or False
An employee is entitled to representation when a
meeting is held with his/her superiors for the specific purpose of eliciting information which could lead to adverse action.
True
If the complaint investigation is of a serious
nature, and/or the facts indicate adverse action may reasonably result, the employee shall be afforded the right to representation.
What should you do 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 be suspended and the employee shall be informed of his/her right to representation.
True of False
Can an employee be directed to complete a memo of the incident?
False.
It is a violation of POBR. The practice of directing an employee who is the subject of an investigation to complete a memorandum describing the employee’s version of the matter in question is prohibited.
Note: This prohibition does not apply when the employee has been provided with a written interrogatory and afforded the opportunity to consult with a representative during it’s completion.
Statements by complainants and witnesses shall or should be recorded in potentially serious cases, as determined by the commander
Shall
Transcripts. When appropriate these statements should or shall be transcribed.
should
True or False
Surreptitious Recording. Both Federal and state law, in most cases, provide for law enforcement personnel to record contacts with members of the public without their knowledge.
True
True or False
Should a supervisor desire to tape record an
interview with an employee, outside the scope of a formal Administrative Interrogation, prior permission must be obtained from the employee.
True
True or False
Can an employee or witness also have the right
to concurrently record the interview?
True
What must occur If consent is not granted and the investigator believes that obtaining a recorded statement is absolutely necessary,
An Administrative Interrogation must be held.
What shall be examined to determine previous complaints?
Complaint history
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.
5 (five)
True or False
If the release of medical records should become necessary during the course of the investigation, the individual whose records are sought must grant
permission.
True
True of False
Tape recordings shall be given to the Dept. upon request.
True
All searches conducted by the investigator must comply with the _________
Public Safety Officers’ Procedural Bill of Rights
All complaints with allegations of criminal
misconduct which have been given a finding of ________or ________ shall be referred to the respective prosecuting district attorney’s office for review.
Sustained or Unintentional Error
What are five possible complaint allegation findings
in order of severity from highest to lowest.
(1) Sustained.
(2) Unintentional Error.
(3) Undetermined / No Finding.
(4) Departmental.
(5) Exonerated.
True or False
Rescinded/Frivolous Complaints. By definition, these type of complaints will not have a finding as both are considered to be without merit.
True
citizens’ complaints are classified by the
Department as either ______, _______, ______
Category I, Category II, or Other
In some cases, facts uncovered during the course of the investigation will cause the investigator and/or commander to determine the complaint need
not be documented in either the formal Category I or II format. These complaints are classified as Other complaint. What are considered to be Other complaints?
Rescinded
Frivolous
Departmental
Citation Validity
___________shall be included in all Memorandums of Findings or Direction which are counseling or remedial in nature.
Bazemore admonition
Complaint Investigations. Category I, Category II, and Other complaints shall be destroyed after a period of _____ years,
five (5)
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,
three (3)
Response From Employee. Responses submitted by employees as a result of a complaint or corrective action shall be retained for the _____ of the document with which it has been filed. That is, a response filed with a corrective memorandum in the employee’s personnel folder would be destroyed when that memorandum is removed after ______ years, and a response attached to a complaint investigation
would be destroyed together with the file after _____ years.
life
three (3)
five (5)
the Bazemore admonition shall be included in all ____________which are counseling or remedial in
nature.
Memorandums of Findings or Direction
EMPLOYEE HISTORY.
The employee’s complaint history shall or should be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.
shall
Medical Information. If the release of medical records should become necessary during the course of the investigation, the individual whose records are sought ______should/shall/must grant permission.
must
