10.4 Citizen's Complaints

Question 1

When a person files a citizens complaint, what are we required by law to inform them of?

Answer 1

that filing a false or malicious complains against a peace officer can have criminal/ civil penalties.

Question 2

What are the 3 classes of complaints for the department?

Answer 2

Category I, Category II, or Other

Question 3

Who decides what class the complaint falls under?

Answer 3

Commander

Question 4

What is a Category I Complaint?

Answer 4

physical contact
excessive force
racial
sexual
immoral conduct
dishonesty or falsification of documentation

Question 5

What is a Catergory II Complaint?

Answer 5

Verbal misconduct
Nonverbal misconduct (not touching though)
or complaints not related an employee's conduct

Question 6

What is a other complaint?

Answer 6

departmental complaint
citation validity (if this is the sole allegation)
rescinded complaint
frivolous complaint

Question 7

What are the 5 possible outcomes of a citizens complaint?

Answer 7

Sustained
Unintentional error
Undetermined/ no finding
departmental
exonerated

Question 8

What is an aggrieved person?

Answer 8

The individual reportedly injured or offended by employee.

Question 9

Who is listed on the CHP 240 when the complaint is a departmental one?

Answer 9

Department

Question 10

What is a CHP 240

Answer 10

The face page of a complaint

Question 11

What is a CHP 240a

Answer 11

Complaint control log

Question 12

What is a CHP240 b?

Answer 12

Citizens complaint form for an officer

Question 13

What is a CHP 240 d?

Answer 13

Citizens complaint form for non-uniformed

Question 14

What SHALL be done when someone calls in to complain about a non-uniformed employee?

Answer 14

They shall be advised that the complaint can be filed on the internet and many libraries offer free internet service.

Question 15

Within how long SHALL all complaints be acknowledged in?

Answer 15

within 5 business days, unless that person was notified when they initially filed the complaint in person

Question 16

What form shall be provided to all potential complainants?

Answer 16

CHP 240 b or CHP 240 d

Question 17

If the complaint involves a CHP officer, what shall the complainant be requested to do?

Answer 17

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.

Question 18

What else is the department obligated to provide to citizen after they make their complaint?

Answer 18

they shall be given a copy of their allegations

Question 19

What happens if it is a 3rd party complaint?

Answer 19

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.

Question 20

Do we take off-duty citizen complaints?

Answer 20

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.

Question 21

Do we take citizen complaints from our own employee’s?

Answer 21

Shall not

Question 22

What if somebody makes a claim of monetary damage or it’s discovered we caused some sort of damage?

Answer 22

We shall provide a CHP287

Question 23

What do we do if complainant requests to remain confidential?

Answer 23

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.

Question 24

Do we accept complaints over the internet?

Answer 24

Yes for non-uniformed it’s not problem.

For uniformed we will accept the complaints but investigators shall ensure that a chp240b is provided.

Question 25

If an employee transfers who handles complaint?

Answer 25

the area where the officer was assigned when the complaint occurred

Question 26

Normal suspense period for complaints?

Answer 26

60 days for normal | 30 days for legislative

Question 27

Can a citizens complaint be turned over to an allied agency?

Answer 27

in NO event

Question 28

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?

Answer 28

a Citizens complain shall be initiated

Question 29

Is a chronological log required for all complaints?

Answer 29

No, only Category I, but it is recommend for all

Question 30

Can the officer photo roster be used to identify an employee if they are unknown?

Answer 30

yes

Question 31

What must happen if a complainant is not interviewed by the investigator?

Answer 31

It shall be noted in the narrative

Question 32

When should the interview with the employee be conducted?

Answer 32

Normally after all the other info has been gathered

Question 33

Should the employee be routinely allowed representation during a complaint investigation?

Answer 33

no, unless there are facts that would indicate an adverse action may result.

Question 34

If during the regular interview in which the employee does not have a rep, information surfaces which indicates the employee may be faced with adverse action, the interview _______, be suspended and the employee _______ be informed of his right to a rep. If the employee requests a rep, the meeting _______ be rescheduled to allow him to obtain one.

Answer 34

SHOULD SHALL SHOULD

Question 35

Can we direct an employee who is the subject of an investigation to complete a memo describing the incident at question?

Answer 35

It is prohibited, however after an interview you can request it for clarifying issues. In addition this doesn't apply when they have been provided a written interrogatory and allowed to consult with a rep during its completion.

Question 36

When shall witness statements be recorded?

Answer 36

in potentially serious cases as determined by the commander. It should be considered in all situations though.

Question 37

Can a complainant or witness record an interview?

Answer 37

if they request it SHALL be allowed, and if they do the investigator shall record it as well

Question 38

Can an investigator record an interview outside administrative interrogations?

Answer 38

Prior permission must be provided by the employee, and they shall be allowed to record if they want to

Question 39

Should the employee's past complaint history be examined which would be relevant to the current investigation?

Answer 39

It SHALL BE

Question 40

How long shall evidence be stored that is part of a citizens complaint?

Answer 40

five years from when complaint was filed

Question 41

Can we make employee's turn over audio or video related to enforcement duties made by uniformed employees?

Answer 41

YES it shall be provided

Question 42

What shall happen with allegations of criminal misconduct with a finding of sustained or unintentional error?

Answer 42

It shall be referred to the local DA for review

Question 43

Must each allegation of a complaint have it's own finding?

Answer 43

Yes, it shall.

Question 44

Can you include a CHP 268 as an exhibit in a citizens complaint?

Answer 44

No

Question 45

Can you advise complainant what kind of corrective action was given to the employee?

Answer 45

NO, only inform them of the result of the investigation and that disciplinary action resulted from the investigation.

Question 46

When shall correspondence be sent to complainant?

Answer 46

within 30 calendar days after the investigation has been approved.

Question 47

What type of corrective action shall the commander use after a citizens complaint (sustained or unintentional)?

Answer 47

request for AA CHP 2 MOD MOF

Question 48

Who reviews the different levels of complaints?

Answer 48

CAT I Division review is the final CAT II usually Commander is final, but division may reserve final authority Other are approved based upon which category they fall

Question 49

When shall all complaints be destroyed?

Answer 49

5 years from day complaint was received.

Question 50

When shall corrective documentation from a complaint be removed from personnel file?

Answer 50

3 years after the date it was ISSUED

Question 51

What happens to the original complaint when an employee transfers?

Answer 51

It follows the employee.

Question 52

If an employee writes a written request for the complaint, must we give it to him?

Answer 52

YES, Shall, but they must first sign a memo acknowledging the confidentiality of the file. memo is retained for life

Question 53

Can you an employee physically arrest somebody for 148.6 PC (filing a false complaint against a peace officer)?

Answer 53

NO Shall not

Question 54

Who must give approval before we can request charges for 148.6 PC (filing a false complaint against a peace officer)?

Answer 54

the commander

Question 55

Brazemore shall be included in what documents?

Answer 55

all MOF AND MOD which are counseling or remedial in nature.

Question 56

What are considered non-complaints? (VOOT)

Answer 56

Vehicle storage or impound Off duty Other agency Traffic

Question 57

What are considered "other complaints"?

Answer 57

Departmental citation validity (if it's only allegation) rescinded frivolous

Question 58

are parents of minors considered 3rd party complainants?

Answer 58

No, first party