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Sgt. Exam > HPM 10.4 Civilians' Complaints > Flashcards

HPM 10.4 Civilians' Complaints Flashcards

1
Q

What are the citizens’ complaint categories investigated by the Department?

A

Category I, Category II and Other

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2
Q

What is a Category I complaint?

A

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.

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3
Q

What is a Category II complaint?

A

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

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4
Q

What is an Other complaint?

A

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  • Rescinded complaint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
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5
Q

What are Non-Complaints

A

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

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6
Q

A complaint allegation can have how many findings?

A

Five (5)

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7
Q

What are the five complaint allegation findings?

A
  1. Sustained- Allegation occurred and its deemed improper
  2. Unintentional Error- It did occur and its deemed improper, but it was a HONEST mistake
  3. Undetermined/No Finding- Used only when the lack of evidence or lack thereof, precludes the investigator from making a definitive judgment
  4. Departmental- Used when the Departments policy or procedure itself is found to be erroneous or the cause of complainant’s concern.
  5. Exonerated- Employee did not commit the act or did commit the act and it was deemed to be proper or within policy
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8
Q

Who decides the overall classification of each complaint and what is it based on.

A

The commander shall decide the overall classification based on the most serious allegation.

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9
Q

What form is the primary instrument for citizens to file complaints against uniformed employees?

A

CHP204B, Citizens’ Complaint Information

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10
Q

What form is the primary instrument for citizens to file complaints against non-uniformed employees?

A

CHP240D, Citizens’ Complaint Information (Non Uniformed)

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11
Q

In how many days shall a complaint be acknowledged by correspondence?

A

five (5) business days

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12
Q

Is an interim correspondence require if the complainant originally contacted the Department in person?

A

no

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13
Q

What shall the complainant be required to sign if the complaint is against a departmental peace officer?

A

The advisory statement on the 240B

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14
Q

The complainant shall be requested to return the CHP240B or CHP240D in how many days?

A

Ten (10) business days

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15
Q

Who has the primary responsibility for the citizens’ complaint at the field and division level?

A

Commanders

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16
Q

Who is responsible for investigating a citizens’ complaint?

A

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.

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17
Q

The primary investigator for a citizens’ complaint shall be how many grades higher than the involved employee?

A

One(1)

18
Q

What is the normal suspense period for complaints received at the command of forwarded from OIA?

A

Sixty (60) days

19
Q

What is the normal suspense period for legislative complaints?

A

Thirty (30) days

20
Q

A chronological log is required for which complaint category?

A

Category I complaints. However, its highly recommended for all cases.

21
Q

What is the overall goal of the investigation process?

A

To reconstruct the incident in question as closely as possible to the actual event.

22
Q

If the complainant is unable to be interviewed during a civilians’ complaint investigation, when shall it be noted?

A

In the Narrative portion of the file.

23
Q

When should you interview the employee during a civilians’ complaint investigation?

A

After gather all other available information.

24
Q

In accordance with existing case law, legal statute, and current Department of Personnel Administration guidelines, when is an employee entitled to representation?

A

When a meeting is held with his/her superiors for the specific purpose of eliciting information which COULD LEAD to adverse action.

25
Q

If during a routine interview in which the employee does not have representation information surfaces which indicates the employee my be faced with AA, what should be done?

A

The interview should be suspended and the employee SHALL be informed of their right to representation.

26
Q

When shall interviews be tape recorded?

A

In potential serious cases as determined by the commander. However, the recording of statements and interviews should be considered in virtually all instances.

27
Q

Are Complainants and Witnesses allowed to tape record an interview or discussion with the investigator?

A

They SHALL be allowed to do so. However, the investigator shall also record the interview or statement.

28
Q

What SHALL be examined by the investigator in order to determine the existence of pervious complaints relevant to the current investigation?

A

The employee’s complaint history

29
Q

How long SHALL evidence pertaining to an civilians complaint investigation be retained?

A

Five (5) years and shall remain in the command which originally completed the investigation.

30
Q

ALL complaints with allegation of criminal misconduct SHALL be referred to where after completing the investigation?

A

The respective prosecuting district attorney’s office for review.

31
Q

Each complaint SHALL have how many findings?

A

Shall only have one (1) finding

32
Q

How do you determine the complaint classification?

A

It will be the highest category allegation regardless of other accusations.

33
Q

What is the required documentation for all Category I, II and other complaints?

A

CHP 240, a CHP 240C, the appropriate narrative and relevant exhibits.

34
Q

Narrative format SHALL be used for what category of complaints?

A

All category I and II complaints.

35
Q

At the time an employee has been afforded the opportunity to review the complaint what shall he/she do?

A

Sign and date in the space provided near the top of the form.

36
Q

If a complaint investigation uncovers any actual or alleged damage to property, or injuries which may result in a clam against the state SHALL be done?

A

A CHP 268 shall be completed and forwarded in accordance with HPM 11.1

37
Q

When SHALL the Bazemore Admonition be included?

A

SHALL be included in all MOF’s and MOD’s which are counseling or remedial in nature.

38
Q

Which investigation package will be sent to OIA for final approval?

A

The original investigation package.

39
Q

How SHALL all commands store complaint documentation?

A

All commands shall maintain a Master Complaint File which all Category I, II and Other complaints investigations will be stored.

40
Q

What documentation SHALL be placed in the employee’s field personnel folder?

A

Any corrective documentation which refers to only allegations with findings of SUSTAINED or UNIENTENTIONAL ERROR.

41
Q

How long are corrective documents (I.E. MOD’s) kept in an employee’s field personnel file?

A

SHALL be removed after three years.

42
Q

If an closed investigation is later amended, is additional correspondence required?

A

Only if a finding was changed from undetermined/no finding or sustained to exonerated, but not from sustained to unintentional error.

Sgt. Exam (3 decks)

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