Sgts Study Deck Flashcards
Three types of citizens complaints
Category 1
Category 2
Other
Other complaints may contain cat 1 or cat 2 allegations, but also meet the definition of one of the following types of complaints:
-Departmental complaint
-Citation validity (if this is the sole complaint)
-rescinded complaint
-frivolous complaint
Examples of non complaints include
Vehicle storage/impound validity
Off duty conduct
Other agency
Traffic
“VOOT”
A complaint allegation will have one of five findings. List in order of severity
1-sustained
2-unintentional error
3-undetermined/no finding
4-departmental
5-exonerated
SUUDE
The CHP ______ form is the face page of a complaint investigation and will be completed for all category 1,2, and Other complaints
CHP 240
T/F:
The CHP 240 B is the primary instrument for citizens too file a complaint against non uniformed (non peace officer) employees
False, 240B is for uniformed employees,
240 D is used for non uniformed employees
All complaints shall be acknowledged by correspondence within ___ days of the departments notification of the complaint.
5 business days unless the person originally contracted the department in person and the requisite information normally contained in an interim letter was provided at the time.
The complaint will be requested to return the 249 B or 240 D within __ days
10 business days
The normal suspense period for all investigations reviewed at the command or forwarded to BIA is ___ days. For legislative complaints the suspense period is __days.
60
30
If extensions are needed, commands should consult with BIA
Because the outcome of an investigation may not be what is anticipated initially, the use of a ________ is strongly recommended, but only required for a category 1 complaint
Chronological log
T/F:
When interviewing the employee, the investigator should normally do so before interviewing other witnesses and gathering other information
False, generally gather all order information before interviewing the employee
If the interview could lead to adverse action, is the employee entitled to representation?
Yes
If the interview in a less serious case illicits information that may lead to adverse action, the interview should be suspended, and the employee advised of their right to representation
T/F :
An employee may be directed to prepare a memorandum for the purpose of clarifying specific issues, or if a written interrogator has been provided and the employee has been afforded the opportunity to consult with a representative during its completion
True, however,
To preclude any violation of POBR the practice of directing an employee to complete a memo describing their version of events is prohibited.
How many findings can an allegation have?
One
What format shall be used for cat 1 and 2 complaints?
Narrative
Closing correspondence is required for all complaints, and should/shall be sent within ____ days of the investigation being approved
Shall
30 calendar days
An employee rebuttal must be within and received by the department within ___ days
30
What is the CHP 240 C?
Witness list
Retention period for cat 1 and 2 ?
For Other?
How long does it stay in the employees field folder?
5
3 years in field folder
Due to a confidentiality request by the complainant, the employee _______ ____ provided with the complainants identifying information.
Shall be, unless refuse is prohibited by gov code 6254 or other applicable statutes
Any chance to the original file shall be made by _________
Memorandum
A new CHP 240 shall be prepared in full, with the amended box marked.
The new 240 shall be processed as though it is a new complaint, including completing the employee discussion and review
When an employee of the department has been requested to be interviewed by investigators pursuant to a Civil rights investigation:
1-The decision to consent to the interview is at the sole discretion of the employee
2- if conducted on state time, a departmental supervisor shall be present and shall take record any interview
