HPM 10.4 CITIZENS COMPLAINT

Question 1

Category I complaint allegations:

Answer 1

Physical contact, excessive force and conduct that is criminal, racial, sexual or immoral, dishonesty, falsification of documents.

Question 2

Category II Complaints

Answer 2

Verbal or non-verbal misconduct

Question 3

Non-Complaints

Answer 3

(Not considered citizens’ complaints for the purpose of investigation/ documentation)

Consists of traffic, storage/ impound validity, other agency, and off duty conduct.

Question 4

Five Complaint Findings

Answer 4

Sustained, Unintentional Error, Undetermined/ No Finding, Departmental, Exonerated. (SUUDE)

Question 5

Interim Correspondence (Not required if in person)

Answer 5

Complaints SHALL be acknowledged by correspondence within 5 BUSINESS DAYS of Department’s notification of the complaint; Complainant to return 240B (or 240 D for non-uniformed) within 10 BUSINESS DAYS : SHALL be provided a copy of their allegations (on 240B)

Question 6

Off-Duty Complaints

Answer 6

SHALL be investigated when a nexus to the Department has been established:

Simple awareness of what an employee does, does not create a nexus

Doesn’t preclude investigation if appropriate

Question 7

Sustained/ Unintentional Error Findings on Allegations of Criminal Misconduct _______be referred to DA for review

May, Should, Should Not, Could, Shall

Answer 7

SHALL

Question 8

Sustained/ Unintentional Error Findings on Allegations of Criminal Misconduct _______be referred to DA for review

May, Should, Should Not, Could, Shall

Answer 8

SHALL

Question 9

Per __ ______, employee has the right to submit a written response within ____ days to any adverse comment entered into personnel file: However, they ____ be notified of this for MOD’s, MOF’s, and CHP form 2’s.

A) PC 340/ 30 days/ Shall
B) GC 3306/ 15 days/ Should
C) GC 33/ 33 days/ Shall
D) GC 3306/ 30 days/ Should

Answer 9

D) GC 3306/ 30 days/ Should

Question 10

Retention Period for all Citizens Complaints

Answer 10

Five years from date received

Corrective documentation retained for 3 years from date of issue

240 A log retained for 5 years

Question 11

Bazemore Admonition is included in ……….

Answer 11

All MODS, MOF’s

NOT included in Form 2’s

Question 12

What happens to an employee’s complaint file upon transfer?

Answer 12

All complaints are forwarded to new area; However, evidence remains at old area

Question 13

Online Complaints of Uniformed Employees

Answer 13

We take them, even though the process is meant for non-uniformed.

Question 14

Chronological Summary on a Cat II

Answer 14

Optional

Question 15

Approving authority on Cat II complaints

Answer 15

Area Commander. May be the Division Commander if necessary; Original SHALL be retained investigating command.

Question 16

Final Authority of Cat I Complaints

Answer 16

Internal Affairs

Question 17

Employee has the right to review and can have a copy of complaint investigation…….

Answer 17

Upon written request. This memo is placed in personnel file and retained for life.

Question 18

Employee has the right to file a civil claim against a complainant…

Answer 18

Complainant confidentiality is therefore limited

Question 19

To File a Civil Claim (148.6 PC)……….

Answer 19

Area Commander approval is required

Entire investigation has to be complete

The Employee, not the Department, is solely responsible for filing a false complaint.

No State resources SHALL be used for the case. Employee not acting in any official capacity or on behalf of Department in the matter.

A civil discovery must be filed (1043 EC) by employee before complaint documentation is used in Civil Litigation

Question 20

Complaint Suspense periods received at Area or Forwarded to OIA within ____ day. Legislative Complaints in _____ days.

Answer 20

60 days/ 30 days

Question 21

Complaint on an Employee during a Temporary Assignment ……

Answer 21

Permanent commands handle, unless Division Commander wants it investigated at temp command.

Question 22

Complaint history ____ be examined for prior complaints relevant to current complaint.

Could, May, Should, Shall

Answer 22

SHALL

Question 23

A Complaint Package is an Exhibit in a ____________

Answer 23

Internal Investigation

Question 24

Other Complaints

Answer 24

Departmental

Citation Validity

Rescinded

Frivolous

Question 25

Rescinded Complaints

Answer 25

If agreed upon by the commander, closing correspondence is still required

Question 26

Frivolous Complaints

Answer 26

Commander to make the determination, If so, closing correspondence still required. (Closing correspondence required for all complaints)

Question 27

Closing Correspondence is ……….

Answer 27

Is required in all complaints. Including frivolous and rescinded complaints, and when the complainant has requested no further contact from the Department. It SHALL be sent within 30 CALENDAR DAYS of the investigation being approved

Question 28

Corrective Documentation ONLY addresses…….

Answer 28

Sustained/ Unintentional Error findings (if multiple investigations)

Question 29

An investigation involving multiple employee’s assigned to different commands…….

Answer 29

A single Division, Area or Section SHALL be appointed primary. In most cases, it will be the command with the most severe allegations or greatest number of involved employees

Question 30

Amending Complaints……

Answer 30

At any time prior to discussion and review with employee; Original SHALL not be altered. Any requisite changes are done by memorandum and new 240 with amended box checked; review and discussion process are processed in the same manner as the original.

Question 31

Employee is requested to be interviewed by investigators pursuant to a civil rights investigation…….

Answer 31

The decision to consent to an interview with an outside investigator SHALL be at the sole discretion of the employee; If on state time, Supervisor SHALL be present and SHALL record any interview.

Question 32

Appeal of Complaint Findings by complainant—levels of review:

Answer 32

Division level then IA level: Closing correspondence after IA review SHALL be Department’s final response in the matter

Question 33

The Evidence Code makes Citizens Complaints discoverable in a …..

Answer 33

Pitchess Motion

Question 34

PC requires the Department to send written disposition to the complainant within ______ Days of the investigation outcome.

Answer 34

30 Days

Question 35

Parents of Minors are considered ___________ __________ complainants

Answer 35

First Party Complainants

Question 36

Employee representative __ ____ be allowed to in complaint interview unless I could lead to Adverse Action

Answer 36

Shall Not

Question 37

Non adverse findings of Exonerated and Departmental _____ ___ be included in employee’s 118.

Answer 37

SHALL NOT