10.4 Citizens Complaints

Question 1

What are the citizens complaint classifications?

Answer 1

Category I, II, and other

Question 2

List the four types of complaints that can be classified as Other?

Answer 2

departmental, citation validity complaint, rescinded complaint, frivolous

Question 3

List four examples of citizen’s non-complaint?

Answer 3

traffic, vehicle storage/impound, other agency, off duty conduct

Question 4

Name five of the Departments finding after complaint is investigated?

Answer 4

Sustained, unintentional error, undetermined/no finding, departmental, exonerated

Question 5

What complaint form is considered to be the face page of complaint investigation?

Answer 5

CHP 240

Question 6

All complainants shall be acknowledged by correspondence within _____ ______ days of the Department’s notification of the complaint.

Answer 6

5 business

Question 7

Within how many days does a complainant have to return a signed 240B or D?

Answer 7

10 business

Question 8

Can law enforcement personnel record statements without member of the public knowledge?

Answer 8

yes, both federal and state law provide for leo to record contacts with members of the public without their knowledge

Question 9

How long does evidence pertaining to an investigation conducted in this manual have to be retained for?

Answer 9

5 years

Question 10

All complaints with allegations of criminal misconduct with findings of Sustained or unintentional error ______ be referred to the DA’s office. Should or Shall

Answer 10

Shall

Question 11

Are you required to examine an employee’s complaint history when conducting a current investigation?

Answer 11

yes, its a shall

Question 12

List the five possible complaint allegations in order of severity from highest to lowest.

Answer 12

Sustained
Unintentional error
Undetermined
Departmental
Exonerated

Question 13

How many findings can each allegation have?

Answer 13

one

Question 14

Chronological summary is optional for what category?

Answer 14

II

Question 15

Investigator’s notes is optional for what category?

Answer 15

I and II

Question 16

If a complaint investigation uncovers any actual/alleged damage to property, or injury to persons which may result in a claim against the state, a ______ shal be completed and never included in the investigative file.

Answer 16

CHP 268

Question 17

Any complainant who makes claim of monetary damages as a result of actions or inactions of the department shall be provided with ______

Answer 17

CHP 287 claims of $1,000 or less

Question 18

In accordance with State Personnel Board decisions, employees shall be notified that misconduct for which he/she is being counseled, may still be charged in a future Adverse Action. What’s this admonition called?

Answer 18

Bazemore

Question 19

How many days does an employee have to a written response to any adverse comment entered into his/her personnel file.

Answer 19

30 days

Question 20

Category I complaints, the original investigation package, with employee’s signature shall then be forwarded to who for final approval?

Answer 20

Internal affairs

Question 21

Category I, II, and Other complaints shall be destroyed after how many years?

Answer 21

5

Question 22

Any corrective documentation issued to an employee as a result of a complaint investigation, shall be removed from the employee’s field personnel folder after a period of how many years?

Answer 22

3

Question 23

All personnel complaint investigations are confidential and are only discoverable pursuant to what two Evidence codes?

Answer 23

1043 and 1046

Question 24

What penal code makes it a misdemeanor to knowingly file a false complaint against a peace officer?

Answer 24

148.6 PC

Question 25

Can a uniformed member physically arrest someone for violating 148.6 PC?

Answer 25

no, shall not

Question 26

Civil rights violations are identified in federal statutes and are criminal in nature. Investigations of such allegations are normally conducted by which agency?

Answer 26

FBI, US DOJ, or California DOJ

Question 27

What is a Category I complaint?

Answer 27

Alleges of physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Also includes alleges of dishonesty and/or falsification of documentation.

Question 28

What is a Category II complaint?

Answer 28

Alleges of verbal misconduct, nonverbal misconduct.

Question 29

What is an Other complaint?

Answer 29

departmental complaint, citation validity, rescinded complaint, frivolous complaint

Question 30

Define unintentional error?

Answer 30

act did occur and it is deemed improper, but was result of honest mistake

Question 31

Define undetermined finding?

Answer 31

used only when evidence or lack there of precludes investigator from making final judgment

Question 32

Define Departmental finding?

Answer 32

Used when employees actions are fully in compliance with Departmental policy but the policy or procedure itself is found to be erroneous or cause of the complaint.

Question 33

Required Type. Corrective action shall be in written form. The commander shall use one of the following, depending on the severity of the corrective action required: (List the four)

Answer 33

(a) Request for Adverse Action. (b) CHP 2, Incident Report (Censurable). (c) Memorandum of Direction. (d) Memorandum of Findings.

Question 34

All complainants shall be acknowledge within 5 business days by interim correspondence. This shall include what three things:

Answer 34

brief summary of allegations notification an investigator will contact the complainant and investigation findings will be provided in writing