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SFS 2018-19 > 10.4, Civilian Complaints > Flashcards

10.4, Civilian Complaints Flashcards

1
Q

A _____________ is a systematic gathering of facts and evidence concerning a specific event or allegation of misconduct.

A

Investigation

HPM 10.4, Chapter 5

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2
Q

Which category of civilian complaint requires a chronological log in the investigation documentation?

A

Category I

HPM 10.4, Chapter 5

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3
Q

True or False: a check of a complainant’s criminal and DMV records could be used as an additional source or factor by an investigator.

A

True

HPM 10.4, Chapter 5

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4
Q

Name the three basic steps of an investigation.

A

1) Determine the questions
2) Determine the answers
3) Document the results

(HPM 10.4, Chapter 5)

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5
Q

True or False: if a complainant or his/her legal representative expresses a desire that they not be interviewed, the investigation shall be terminated based on a lack of evidence.

A

False

HPM 10.4, Chapter 5

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6
Q

True or False: employees should not be allowed representation during complaint investigations that may not lead to adverse action.

A

True

HPM 10.4, Chapter 5

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7
Q

True or False: prior to an interview, employees who are the subject of an investigation should be directed to complete a CHP 51, Memorandum, describing his or her version of the matter in question.

A

False

HPM 10.4, Chapter 5

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8
Q

As determined by the commander, In potentially serious cases, statements by complainants and witnesses ___________ (should/shall) be recorded.

A

Shall

HPM 10.4, Chapter 5

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9
Q

True or False: complainants or witnesses who desire to use an audio tape recorder to record an interview or discussion with an investigator shall be allowed to do so.

A

True

HPM 10.4, Chapter 5

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10
Q

During the course of an investigation, an employee’s complaint history _________ (should/shall) be examined in order to determine the existence of previous complaints that may be relevant to the current investigation.

A

Shall

HPM 10.4, Chapter 5

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11
Q

According to HPM 10.4, evidence pertaining to an investigation shall be stored for a period of _______ years, beginning with the date the complaint was filed.

A

5 years

HPM 10.4, Chapter 5

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12
Q

All complaints with allegations of criminal misconduct that have been given a finding of ___________ or __________ shall be referred to the respective prosecuting attorney’s office for review.

A

Sustained or Unintentional Error

HPM 10.4, Chapter 5

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13
Q

When may a civilian complaint investigation be amended directly by the investigating command and/or reviewing/approval authority?

A

Any time prior to discussion and review with the involved employee.

(HPM 10.4, Chapter 10)

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14
Q

Uniformed officer ______________(shall/shall not) physically arrest persons suspected of violating 148.6 PC - Knowingly filing a false complaint against a peace officer.

A

Shall not

HPM 10.4, Chapter 10

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15
Q

True or False: Employees who elect to initiate a civil action against a complainant for knowingly filing a false complaint may use departmental resources to help prepare, adjudicate, and administer such a case.

A

False

HPM 10.4, Chapter 10

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16
Q

The _______________ is a catalog of complainants who have demonstrated a propensity towards the filing of frivolous, spurious, or specious complaints.

A

Information File

HPM 10.4, Chapter 10

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17
Q

What action must be taken when an employee learns that another agency is conducting an investigation involving CHP personnel.

A

Immediately notify his or commander

HPM 10.4, Chapter 10

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18
Q

Are CHP employees required to consent to an interview by investigators pursuant to a civil rights investigation by an outside agency?

A

No; the decision to consent to an interview with an outside investigator is a the sole discretion of the employee.

(HPM 10.4, Chapter 10)

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19
Q

True or False: when a CHP employee is interviewed on state time pursuant to a civil rights investigation by an outside agency, a departmental supervisor shall be present and shall tape record the interview.

A

True

HPM 10.4, Chapter 10

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20
Q

Who has the primary responsibility for the civilian complaint program at the field and Division level?

A

Commanders

HPM 10.4, Chapter 4

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21
Q

True or False: If a complaint is filed against an employee who has transferred, the responsibility for investigating the complaint rests with the employee’s new command.

A

False (It is the responsibility of the command to which the employee was assigned at the time of the alleged incident)

(HPM 10.4, Chapter 4)

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22
Q

Who may be assigned as the primary investigator for a civilian complaint?

A

An employee at least one rank higher than the involved employee, unless otherwise approved by the Division commander or Assistant Commissioner.

(HPM 10.4, Chapter 4)

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23
Q

The normal suspense period for civilian complaints is ________ days.

A

60 days

HPM 10.4, Chapter 4

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24
Q

The normal suspense period for legislative complaints is _________ days.

A

30 days

HPM 10.4, Chapter 4

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25
Q

Civilian complaints originating while an employee is at the Academy will be the responsibility of the ___________.

A

Academy commander

HPM 10.4, Chapter 4

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26
Q

True or False: although civilian complaints arising from employees assigned to special assignments remain the responsibility of the employee’s departmental commander, it may prove more practical to coordinate the investigation and documentation of any complaints with the employee’s special assignment commander.

A

True

HPM 10.4, Chapter 4

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27
Q

Civilian complaints originating while an employee is working a temporary assignment within the Department, such as PSD, Motor Carrier inspection program, etc., remain the responsibility of ______________.

A

The employee’s permanent commander

HPM 10.4, Chapter 4

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28
Q

True or False: when an investigation involves multiple employees assigned to different commands, a single Division, Area, or Section shall be appointed as the primary investigating command.

A

True

HPM 10.4, Chapter 4

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29
Q

When an investigation involves multiple employees from several different commands, which command will be appointed as the primary investigative command?

A

The command with the employee who has the most serious allegations or the command with the greatest number of employees named in the complaint.

(HPM 10.4, Chapter 4)

30
Q

True or False: a Board of Control (Government Claims Board) claim alleging employee misconduct not previously investigated by the Department shall be investigated as a civilian complaint.

A

True

HPM 10.4, Chapter 4

31
Q

Which form is given to potential complainants who allege misconduct by a uniformed employee?

A

CHP 240B, Civilian Complaint Information

HPM 10.4, Chapter 3

32
Q

Which form is given to potential complainants who allege misconduct by a non-uniformed employee?

A

CHP 240D, Civilian Complaint Information (Non-uniformed)

HPM 10.4, Chapter 3

33
Q

What form is used to initially document receipt of civilian complaints, and as a management tool to track investigation status?

A

CHP 240A, Complaint Control Log

HPM 10.4, Chapter 3

34
Q

All complaints shall be acknowledged by correspondence within _________ days.

A

5 business days

HPM 10.4, Chapter 3

35
Q

Complainants provided a CHP 240B or CHP 240D shall be requested to return the signed forms within _________ days.

A

10 business days

HPM 10.4, Chapter 3

36
Q

Name the four parts of the complaint process.

A

1) Acceptance
2) Investigation
3) Processing
4) Closing

(HPM 10.4, Chapter 1)

37
Q

What are the three basic categories of civilian complaints?

A

1) Category I
2) Category II
3) Other

(HPM 10.4, Chapter 2)

38
Q

Name the four types of “Other” civilian complaints?

A

1) Departmental
2) Citation Validity Only
3) Rescinded
4) Frivolous

(HPM 10.4, Chapter 2)

39
Q

A ______________ complaint is defined as a complaint alleging physical contact, excessive force, and/or criminal, racial, sexual, or immoral conduct.

A

Category I

HPM 10.4, Chapter 2

40
Q

A ______________ complaint is defined as a complaint alleging verbal misconduct, nonverbal misconduct (not involving actual physical contact), and/or complaints regarding matters not related to an employee’s conduct.

A

Category II

HPM 10.4, Chapter 2

41
Q

True or False: complaints categorized as “Other” complaints may contain Category I or Category II allegations.

A

True

HPM 10.4, Chapter 2

42
Q

A/An ___________ is an individual reportedly injured or offended by the actions of the Department or one of its employees.

A

Aggrieved person

HPM 10.4, Chapter 2

43
Q

A _____________ is a complaint brought forward by a person or group who is/are not a witness or party to an alleged act of misconduct, but who reports such conduct to the Department on behalf of the potentially aggrieved person.

A

Third-party complaint

HPM 10.4, Chapter 2

44
Q

True or False: off-duty allegations against uniformed personnel are always investigated as civilian complaints.

A

False (there must be a nexus to the Department)

HPM 10.4, Chapter 2

45
Q

Name the five possible complaint findings.

A

1) Sustained
2) Unintentional error
3) Undetermined/no finding
4) Departmental
5) Exonerated

(HPM 10.4, Chapter 6)

46
Q

True or False: a single allegation may have more than one finding.

A

False (only one finding per allegation)

HPM 10.4, Chapter 6

47
Q

If the alleged act (or omission) did occur and is deemed improper, the finding of the complaint allegation is _____________.

A

Sustained

HPM 10.4, Chapter 6

48
Q

True or False: in order for a complaint finding to be sustained, the allegation must have been proven beyond a reasonable doubt.

A

False (only a preponderance of evidence is required)

HPM 10.4, Chapter 6

49
Q

When the complaint investigator is unable to make a definitive judgment due to a lack of evidence, the finding is _____________.

A

Undetermined/no finding

HPM 10.4, Chapter 6

50
Q

If the act (or omission) did occur, but was the result of an honest mistake, the complaint finding is ___________.

A

Unintentional error

HPM 10.4, Chapter 6

51
Q

What is the only allowable finding for a “Departmental” complaint?

A

Departmental

HPM 10.4, Chapter 6

52
Q

When an employee’s actions are fully in compliance with departmental policy and/or procedure, but the policy or procedure itself is determined to be erroneous or is the cause of the complainant’s concerns, the finding is ______________.

A

Departmental

HPM 10.4, Chapter 6

53
Q

If the employee did not commit the act (or omission) alleged, or did commit the act but is deemed proper and/or within policy, the finding is _____________.

A

Exonerated

HPM 10.4, Chapter 6

54
Q

True or False: findings for the allegations determined to be rescinded or frivolous shall be indicated in the investigation.

A

False (there are no findings for these types of complaints)

HPM 10.4, Chapter 6

55
Q

What findings require corrective action be taken against an employee?

A

Sustained and Unintentional Error

HPM 10.4, Chapter 7

56
Q

What are the four types of corrective action that may be taken against an employee as a result of a complaint finding of “Sustained” or “Unintentional Error”?

A

1) Adverse Action
2) Memorandum of Direction
3) Censurable CHP 2
4) Memorandum of Findings

(HPM 10.4, Chapter 7)

57
Q

If a complaint investigation uncovers any damage to property or injuries to persons which may result in a claim against the state, a _____________ shall be completed.

A

CHP 268, Potential Civil Liability Report

HPM 10.4, Chapter 7

58
Q

A ________________ is a written warning to employees that is included in a Memorandum of Direction or Memorandum of Findings stating that the employee’s conduct is unacceptable and may lead to adverse action for the current incident or any future incidents of a similar type.

A

Bazemore Admonition

HPM 10.4, Chapter 7

59
Q

True or False: the Bazemore Admonition shall not be included in a censurable CHP 2.

A

True

HPM 10.4, Chapter 7

60
Q

Is a chronological summary required for a Category II complaint?

A

No (it is optional)

HPM 10.4, Chapter 7

61
Q

The ________________ format shall be used for all Category I and II complaints.

A

Formal narrative

HPM 10.4, Chapter 7

62
Q

If a complaint involves a combination of both Category I and Category II allegations, the complaint is classified as a __________ complaint.

A

Category I

HPM 10.4, Chapter 7

63
Q

Investigator’s Notes are optional for which types of complaints?

A

Category I and Category II

HPM 10.4, Chapter 7

64
Q

According to Government Code Section 3306, any employee covered under POBR has the right to submit a written response within _____ days to any adverse comment entered into his or her personnel file.

A

30 days

HPM 10.4, Chapter 7

65
Q

What is the approving authority for Category I complaints?

A

Division

HPM 10.4, Chapter 8

66
Q

True or False: the Area command is always the approving authority for Category II complaints.

A

False (at the Division commander’s discretion, Division may be designated as the approving authority)

(HPM 10.4, Chapter 8)

67
Q

What shall a supervisor do if an employee refuses to sign a complaint investigation?

A

Write “Refused” in the employee signature block.

HPM 10.4, Chapter 8

68
Q

True or False: an employee may be provided with a copy of the complaint investigation.

A

True (upon written request)

HPM 10.4, Chapter 8

69
Q

Corrective documentation issued to an employee as the result of a complaint investigation shall be removed from the field personnel folder after a period of ______ years, commencing from the date of issue.

A

Three years

HPM 10.4, Chapter 9

70
Q

Access to complaint-related files shall be restricted to _____________.

A

Command management and supervisory personnel.

HPM 10.4, Chapter 9

SFS 2018-19 (54 decks)

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