HPM 10.4 Civilians' Complaints Flashcards
What are the citizens’ complaint categories investigated by the Department?
Category I, Category II and Other
What is a Category I complaint?
Complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Also include those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct.
What is a Category II complaint?
Complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct.
What is an Other complaint?
Complaints which may contain Category I or II allegations, but which also meet the definition of one of the following types of complaints.
- Departmental complaint
- Citation Validity complaint
- Rescinded complaint
- Frivolous complaint
What are Non-Complaints
Issues brought to the attention of the Department which are not normally considered citizens’ complaints. Examples of Non-Complaints include traffic vehicle storage/impound validity, other agency and off-duty conduct
A complaint allegation can have how many findings?
Five (5)
What are the five complaint allegation findings?
- Sustained- Allegation occurred and its deemed improper
- Unintentional Error- It did occur and its deemed improper, but it was a HONEST mistake
- Undetermined/No Finding- Used only when the lack of evidence or lack thereof, precludes the investigator from making a definitive judgment
- Departmental- Used when the Departments policy or procedure itself is found to be erroneous or the cause of complainant’s concern.
- Exonerated- Employee did not commit the act or did commit the act and it was deemed to be proper or within policy
Who decides the overall classification of each complaint and what is it based on.
The commander shall decide the overall classification based on the most serious allegation.
What form is the primary instrument for citizens to file complaints against uniformed employees?
CHP204B, Citizens’ Complaint Information
What form is the primary instrument for citizens to file complaints against non-uniformed employees?
CHP240D, Citizens’ Complaint Information (Non Uniformed)
In how many days shall a complaint be acknowledged by correspondence?
five (5) business days
Is an interim correspondence require if the complainant originally contacted the Department in person?
no
What shall the complainant be required to sign if the complaint is against a departmental peace officer?
The advisory statement on the 240B
The complainant shall be requested to return the CHP240B or CHP240D in how many days?
Ten (10) business days
Who has the primary responsibility for the citizens’ complaint at the field and division level?
Commanders
Who is responsible for investigating a citizens’ complaint?
The responsibility to investigate a citizen’s
complaint rests with the current commander of the Area/Section to which the involved
employee was assigned at the time the incident occurred.
The primary investigator for a citizens’ complaint shall be how many grades higher than the involved employee?
One(1)
What is the normal suspense period for complaints received at the command of forwarded from OIA?
Sixty (60) days
What is the normal suspense period for legislative complaints?
Thirty (30) days
A chronological log is required for which complaint category?
Category I complaints. However, its highly recommended for all cases.
What is the overall goal of the investigation process?
To reconstruct the incident in question as closely as possible to the actual event.
If the complainant is unable to be interviewed during a civilians’ complaint investigation, when shall it be noted?
In the Narrative portion of the file.
When should you interview the employee during a civilians’ complaint investigation?
After gather all other available information.
In accordance with existing case law, legal statute, and current Department of Personnel Administration guidelines, when is an employee 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.
