HPM 10.4 - Citizens’ Complaint Investigations Flashcards
All citizens’ complaints investigated by this Department are classified as either _____, _____, or _____.
- Category I
- Category II
- Other
Complaints alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct. Also includes complaints which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct.
Category I
Complaints alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct.
Category II
Complaints which may contain Category I or II allegations as outlined above, but which also meet the definition of one of the following types of complaints, as defined in this chapter:
- Departmental complaint
- Citation Validity complaint (if this is the sole allegation)
- Rescinded complaint
- Frivolous complaint
“Other” Complaints
Issues brought to the attention of the Department which are not normally considered citizens’ complaints for the purpose of investigation and documentation in accordance with this manual. Refer to Chapter 3 for specific guidance on the acceptance and proper processing of these complaints. Examples of such _____ issues include:
- Traffic
- Vehicle Storage/Impound Validity
- Other Agency
- Off-duty conduct
Non-Complaints
A conclusion supported by a preponderance of all available evidence adequate to lead a reasonable and prudent person to reach the same conclusion.
Findings
Form - Complaint Investigation
CHP 240
All complainants shall be acknowledged by correspondence within _____ business days of the Department’s notification of the complaint.
Five (5)
* Note: As an exception, interim correspondence is not required if the complainant originally contacted the Department in person and the requisite information normally contained in an interim letter was provided at that time.
If the complaint involves a departmental peace officer, the complainant shall be requested to sign the advisory statement on the CHP 240B. In either case, the complainant shall be requested to return the CHP 240B or CHP 240D within _____ business days. When the CHP 240B or CHP 240D is mailed to the complainant, a return envelope shall be provided to facilitate the return of the form to the command.
Ten (10)
If the complaint is determined to be against an allied law enforcement agency or its personnel, provide correspondence to the complainant advising that his/her concerns should be directed to the appropriate agency.
True
If the complaint is from a third party (see Chapter 2 for the
definition), send the inquiring party correspondence acknowledging receipt of their concerns and informing them that the allegedly aggrieved party will be contacted directly. The command shall then contact the complainant directly to ascertain their intentions, normally with a requested turnaround period of _____ days.
Thirty (30)
The primary purpose of the citizens’ complaint process is to address allegations of duty related misconduct. As such, the acceptance of a formal citizens’ complaint regarding allegations of off-duty misconduct should be limited to certain conditions.
True
* Note: Off-duty conduct investigations shall be restricted to instances were a clear connection or nexus to employment by this Department has been made by the employee. However, the fact the allegedly aggrieved party is simply aware of the employee’s position does not alone provide a nexus to the Department.
Since other processes are available for Department employees to voice concerns regarding employee conduct, the citizens’ complaint process shall not be utilized to document internal complaints or grievances.
True
Any complainant who makes a claim of monetary damages, which are alleged to have been proximately caused by the actions, or inaction, of a Department employee shall be provided with a _____, Claims of $1,000 or Less, or a BC-1A (Board of Control) Tort Claim, as appropriate.
CHP 287
If a complainant expresses a desire to remain confidential, he/she _____ be informed that the Department will attempt to honor their request to the greatest extent possible. However, 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. Accordingly, the complainant _____ also be notified that due to these legal requirements, should the employee request a copy of the investigation, the Department’s ability to maintain absolute confidentiality will be severely limited.
Shall / Shall
