Flashcards in 10.4 Citizen's Complaints Deck (58)
When a person files a citizens complaint, what are we required by law to inform them of?
that filing a false or malicious complains against a peace officer can have criminal/ civil penalties.
What are the 3 classes of complaints for the department?
Category I, Category II, or Other
Who decides what class the complaint falls under?
What is a Category I Complaint?
dishonesty or falsification of documentation
What is a Catergory II Complaint?
Nonverbal misconduct (not touching though)
or complaints not related an employee's conduct
What is a other complaint?
citation validity (if this is the sole allegation)
What are the 5 possible outcomes of a citizens complaint?
Undetermined/ no finding
What is an aggrieved person?
The individual reportedly injured or offended by employee.
Who is listed on the CHP 240 when the complaint is a departmental one?
What is a CHP 240
The face page of a complaint
What is a CHP 240a
Complaint control log
What is a CHP240 b?
Citizens complaint form for an officer
What is a CHP 240 d?
Citizens complaint form for non-uniformed
What SHALL be done when someone calls in to complain about a non-uniformed employee?
They shall be advised that the complaint can be filed on the internet and many libraries offer free internet service.
Within how long SHALL all complaints be acknowledged in?
within 5 business days, unless that person was notified when they initially filed the complaint in person
What form shall be provided to all potential complainants?
CHP 240 b or CHP 240 d
If the complaint involves a CHP officer, what shall the complainant be requested to do?
Sign the CHP240b and return it within 10 business days. When the 240b or 240d is mailed to the citizen a return envelope shall be provided to facilitate the return of the form.
What else is the department obligated to provide to citizen after they make their complaint?
they shall be given a copy of their allegations
What happens if it is a 3rd party complaint?
The 3rd party a acknowledgement of the complaint and inform them that we will attempt to contact the aggrieved party directly. Then we shall contact the aggrieved party directly, with a requested turn around time of 30 days.
Do we take off-duty citizen complaints?
Only if the employee created a nexus to the department. Just the mere fact that the person knows he is an officer isn't enough.
Do we take citizen complaints from our own employee's?
What if somebody makes a claim of monetary damage or it's discovered we caused some sort of damage?
We shall provide a CHP287
What do we do if complainant requests to remain confidential?
He shall be informed that we will attempt to honor their request, but an employee has the right to review a complaint upon completion, and uniformed employees have the right to file a civil claim against a complainant.
Do we accept complaints over the internet?
Yes for non-uniformed it's not problem.
For uniformed we will accept the complaints but investigators shall ensure that a chp240b is provided.
If an employee transfers who handles complaint?
the area where the officer was assigned when the complaint occurred
Normal suspense period for complaints?
60 days for normal
30 days for legislative
Can a citizens complaint be turned over to an allied agency?
in NO event
If a commander is notified of a board of control claim has been filed which alleges employee misconduct which was not previously investigated what must happen?
a Citizens complain shall be initiated
Is a chronological log required for all complaints?
No, only Category I, but it is recommend for all