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CHP Sgt. Study 2/2 > HPM 10.4 (b) Citizen's Complaint Investigations > Flashcards

HPM 10.4 (b) Citizen's Complaint Investigations Flashcards

1
Q

What is the objective of the Citizens’ Complaint Investigations Manual?

A

To ensure that citizens complaints are accepted and investigated in a uniform manner department-wide.

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2
Q

What is the complaint process overview?

A

Acceptance. Investigation. Processing. Closing.

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3
Q

What are the complaint categories?

A

Category 1. Category 2. Other.

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4
Q

What is a Category 1 complain?

A

Complaints alleging physical contact, excessive force, and or criminal, racial, sexual or immoral conduct. Falsification of documents.

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5
Q

What is a Category 2 complaint?

A

Verbal misconduct, nonverbal misconduct (not involving actual physical contact) and/or complains regarding matters not related to an employee’s conduct.

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6
Q

What is an “other” complaint?

A

Ones that meet the definition of departmental complaint: Citation validity, Rescinded complaint, Frivolous complaint.

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7
Q

What is a “non-complaint?”

A

Issues brought to the attention of the department, which are normally considered citizens’ complaints: traffic, vehicle storage/impound validity, other agency, off-duty conduct.

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8
Q

What is a CHP 24O?

A

Complaint investigation (face page of the complaint).

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9
Q

What is a CHP 24Oa?

A

Complaint control log.

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10
Q

What is a CHP 24Ob?

A

Citizens’ Complaint Information.

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11
Q

What is a CHP 24Od?

A

Citizens’ Complaint Information (non-uniformed).

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12
Q

How long does the Department have to acknowledge by correspondence, a complaint?

A

5 business days.

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13
Q

How long does the complainant have to return a signed copy of the CHP 24Ob or 24Od to the CHP?

A

1O business days.

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14
Q

How is a complaint against another agency handled?

A

Correspondence and all pertinent information shall be sent to the appropriate agency.

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15
Q

Are off duty complaints investigated?

A

Possibly, if a clear connection or nexus of CHP employment can be established.

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16
Q

Is a complaint from a departmental the same as the public?

A

No, other processes are available.

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17
Q

Who normally handles vehicle storage/impound validity complaints?

A

Usually they are directed to the shift supervisor or tow hearing officer.

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18
Q

Who handles any lawsuit claim against the department or an officer?

A

The legal coordination unit.

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19
Q

Can a complainant remain confidential?

A

The department will honor their request to the greatest extent possible.

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20
Q

Who shall legislative complaints be coordinated by?

A

BIA and OSR.

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21
Q

Can a complainant file a complaint using the internet?

A

Only for a non-uniformed member, but complaint can obtain the proper forms and information for a complaint against a uniformed member.

22
Q

Who assigns the primary investigator to a complaint?

A

The area or division commander where the employee was assigned at the time the incident occurred.

23
Q

What level should the investigator be?

A

One level above the involved employee unless approved by the Division commander or appropriate Assistant Commissioner.

24
Q

Can the investigating officer use lower ranking officers to provide opinions?

A

Yes, as experts (PMA, MAIT).

25
Q

What is the normal suspense period for a complaint received at the command then forwarded to BIA?

A

6O days.

26
Q

Who shall handle a complaint while on a temporary assignment?

A

The permanent commander, but he/she may direct such complaints to be investigated by the temporary commander or supervisor.

27
Q

For a multi-command investigation, who handles it?

A

A single division, Area or section shall be the primary investigative command, usually the command with the employee who has the most sever allegations.

28
Q

Who is responsible for the overall complaint and investigative process?

A

The commander.

29
Q

Who is responsible for the conduct and quality of the investigation and documentation?

A

The primary investigator.

30
Q

What are the initial steps to an investigation?

A

Meet with the commander. Begin Chronological log. Establish Investigation File. Clarify Allegations.

31
Q

What is the overall goal of an investigation?

A

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

32
Q

What is essential in conducting a successful interview?

A

Pre-planning.

33
Q

Is it required to interview a complainant in person?

A

No, but it is advisable.

34
Q

When should an employee be interviewed?

A

Normally, after gathering all other available information.

35
Q

Is an employee entitled to representation when a meeting is held which could lead to an adverse action?

A

Yes, per DPA, case law and legal statute.

36
Q

If, during the course of a routine interview in which the employee does not have representation, information surfaces which indicates the employee may be faced with an adverse action, what should be done?

A

Suspend the interview and the employee shall be informed of his/her right to representation.

37
Q

Is tape recording allowed in an interview?

A

Tape recordings shall be recorded in potentially serious cases. Recordings should be done in all cases.

38
Q

Can a complainant or witness use there own tape recorder to record an interview or discussion?

A

Yes, but then the investigator shall also tape the interview.

39
Q

What is objectivity in an “interview”?

A

The key to a successful interview.

40
Q

Is an employee’s complaint history allowed to be examined prior to an interview?

A

Yes, and it shall be examined to determine the existence of previous complaints which would be relevant to the current investigation.

41
Q

What should be done with ay tapes from an interrogation?

A

They should be stored in the commands evidence storage site.

42
Q

How long shall evidence pertaining to an investigation be stored?

A

5 years, beginning with the date the complaint is filed.

43
Q

What is done with evidence so ensure it is not inadvertently destroyed prematurely?

A

The CHP 36 shall be annotated with the appropriate date of destruction.

44
Q

How is the release of medical records handled?

A

Permission must be obtained by the individual whose records are sought and then handled with the utmost care to ensure confidentiality.

45
Q

What must all physical searches comply with?

A

The POBR.

46
Q

What is done with all complaints with allegations of criminal misconduct, which have been given a finding of sustained or unintentional error?

A

They shall be referred to the respective prosecuting DA’s office for review.

47
Q

What are the 5 possible complaint allegation findings:

A

Sustained. Unintentional error. Undetermined / no finding. Departmental. Exonerated.

48
Q

How many findings can each allegation have?

A

Only one, the highest finding.

49
Q

Do rescinded/frivolous complains have findings?

A

No, they have no merit.

50
Q

For a sustained finding, it indicates the act did occur and it is deemed improper. What else should the investigation clearly articulate?

A

Why the act was improper.

51
Q

Unintentional error’s definition is the act or omission did occur but as a result of an employee’s, what?

A

Honest mistake.

CHP Sgt. Study 2/2 (41 decks)

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