Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

my Questions > 10.4 Citizen's Complaints > Flashcards

10.4 Citizen's Complaints Flashcards

1
Q

When a person files a citizens complaint, what are we required by law to inform them of?

A

that filing a false or malicious complains against a peace officer can have criminal/ civil penalties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 3 classes of complaints for the department?

A

Category I, Category II, or Other

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who decides what class the complaint falls under?

A

Commander

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a Category I Complaint?

A 
physical contact
excessive force
racial
sexual
immoral conduct
dishonesty or falsification of documentation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a Catergory II Complaint?

A 
Verbal misconduct
Nonverbal misconduct (not touching though)
or complaints not related an employee's conduct
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a other complaint?

A 
departmental complaint
citation validity (if this is the sole allegation)
rescinded complaint
frivolous complaint
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the 5 possible outcomes of a citizens complaint?

A 
Sustained
Unintentional error
Undetermined/ no finding
departmental
exonerated
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is an aggrieved person?

A

The individual reportedly injured or offended by employee.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who is listed on the CHP 240 when the complaint is a departmental one?

A

Department

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a CHP 240

A

The face page of a complaint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a CHP 240a

A

Complaint control log

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a CHP240 b?

A

Citizens complaint form for an officer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a CHP 240 d?

A

Citizens complaint form for non-uniformed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What SHALL be done when someone calls in to complain about a non-uniformed employee?

A

They shall be advised that the complaint can be filed on the internet and many libraries offer free internet service.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Within how long SHALL all complaints be acknowledged in?

A

within 5 business days, unless that person was notified when they initially filed the complaint in person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What form shall be provided to all potential complainants?

A

CHP 240 b or CHP 240 d

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

If the complaint involves a CHP officer, what shall the complainant be requested to do?

A

Sign the CHP240b and return it within 10 business days. When the 240b or 240d is mailed to the citizen a return envelope shall be provided to facilitate the return of the form.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What else is the department obligated to provide to citizen after they make their complaint?

A

they shall be given a copy of their allegations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What happens if it is a 3rd party complaint?

A

The 3rd party a acknowledgement of the complaint and inform them that we will attempt to contact the aggrieved party directly. Then we shall contact the aggrieved party directly, with a requested turn around time of 30 days.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Do we take off-duty citizen complaints?

A

Only if the employee created a nexus to the department. Just the mere fact that the person knows he is an officer isn’t enough.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Do we take citizen complaints from our own employee’s?

A

Shall not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What if somebody makes a claim of monetary damage or it’s discovered we caused some sort of damage?

A

We shall provide a CHP287

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What do we do if complainant requests to remain confidential?

A

He shall be informed that we will attempt to honor their request, but 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Do we accept complaints over the internet?

A

Yes for non-uniformed it’s not problem.

For uniformed we will accept the complaints but investigators shall ensure that a chp240b is provided.

25
Q

If an employee transfers who handles complaint?

A

the area where the officer was assigned when the complaint occurred

26
Q

Normal suspense period for complaints?

A

60 days for normal

30 days for legislative

27
Q

Can a citizens complaint be turned over to an allied agency?

A

in NO event

28
Q

If a commander is notified of a board of control claim has been filed which alleges employee misconduct which was not previously investigated what must happen?

A

a Citizens complain shall be initiated

29
Q

Is a chronological log required for all complaints?

A

No, only Category I, but it is recommend for all

30
Q

Can the officer photo roster be used to identify an employee if they are unknown?

A

yes

31
Q

What must happen if a complainant is not interviewed by the investigator?

A

It shall be noted in the narrative

32
Q

When should the interview with the employee be conducted?

A

Normally after all the other info has been gathered

33
Q

Should the employee be routinely allowed representation during a complaint investigation?

A

no, unless there are facts that would indicate an adverse action may result.

34
Q

If during the regular interview in which the employee does not have a rep, information surfaces which indicates the employee may be faced with adverse action, the interview _______, be suspended and the employee _______ be informed of his right to a rep. If the employee requests a rep, the meeting _______ be rescheduled to allow him to obtain one.

A

SHOULD
SHALL
SHOULD

35
Q

Can we direct an employee who is the subject of an investigation to complete a memo describing the incident at question?

A

It is prohibited, however after an interview you can request it for clarifying issues. In addition this doesn’t apply when they have been provided a written interrogatory and allowed to consult with a rep during its completion.

36
Q

When shall witness statements be recorded?

A

in potentially serious cases as determined by the commander. It should be considered in all situations though.

37
Q

Can a complainant or witness record an interview?

A

if they request it SHALL be allowed, and if they do the investigator shall record it as well

38
Q

Can an investigator record an interview outside administrative interrogations?

A

Prior permission must be provided by the employee, and they shall be allowed to record if they want to

39
Q

Should the employee’s past complaint history be examined which would be relevant to the current investigation?

A

It SHALL BE

40
Q

How long shall evidence be stored that is part of a citizens complaint?

A

five years from when complaint was filed

41
Q

Can we make employee’s turn over audio or video related to enforcement duties made by uniformed employees?

A

YES it shall be provided

42
Q

What shall happen with allegations of criminal misconduct with a finding of sustained or unintentional error?

A

It shall be referred to the local DA for review

43
Q

Must each allegation of a complaint have it’s own finding?

A

Yes, it shall.

44
Q

Can you include a CHP 268 as an exhibit in a citizens complaint?

A

No

45
Q

Can you advise complainant what kind of corrective action was given to the employee?

A

NO, only inform them of the result of the investigation and that disciplinary action resulted from the investigation.

46
Q

When shall correspondence be sent to complainant?

A

within 30 calendar days after the investigation has been approved.

47
Q

What type of corrective action shall the commander use after a citizens complaint (sustained or unintentional)?

A

request for AA
CHP 2
MOD
MOF

48
Q

Who reviews the different levels of complaints?

A

CAT I Division review is the final
CAT II usually Commander is final, but division may reserve final authority
Other are approved based upon which category they fall

49
Q

When shall all complaints be destroyed?

A

5 years from day complaint was received.

50
Q

When shall corrective documentation from a complaint be removed from personnel file?

A

3 years after the date it was ISSUED

51
Q

What happens to the original complaint when an employee transfers?

A

It follows the employee.

52
Q

If an employee writes a written request for the complaint, must we give it to him?

A

YES, Shall, but they must first sign a memo acknowledging the confidentiality of the file.
memo is retained for life

53
Q

Can you an employee physically arrest somebody for 148.6 PC (filing a false complaint against a peace officer)?

A

NO Shall not

54
Q

Who must give approval before we can request charges for 148.6 PC (filing a false complaint against a peace officer)?

A

the commander

55
Q

Brazemore shall be included in what documents?

A

all MOF AND MOD which are counseling or remedial in nature.

56
Q

What are considered non-complaints? (VOOT)

A

Vehicle storage or impound
Off duty
Other agency
Traffic

57
Q

What are considered “other complaints”?

A

Departmental
citation validity (if it’s only allegation)
rescinded
frivolous

58
Q

are parents of minors considered 3rd party complainants?

A

No, first party

my Questions (30 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions