10.4

Question 1

The Department has three classifications of Citizen’s Complaints. What are they?

Answer 1

Category 1, Category 2, Other (HPM 10.4 2-1)

Question 2

A complaint allegation will have one of five findings. What are they?

Answer 2

Sustained,
Unintentional error,
Exonerated,
Departmental,
Undetermined/ No finding (HPM 10.4 2-1)

Question 3

What are the four (4) types of non-complaints?

Answer 3

Vehicle storage/impound validity
Other Agency
Off-duty conduct
Traffic (10.4, 2-1)

Question 4

What counts as a “Third Party” in a third party complaint? When a third party complaint is received the command shall contact the complainant directly to ascertain their intentions, normally with a requested turnaround period of _____________.

Answer 4

non-involved relatives,
parents of children over the age of 18 years,
and attorneys acting on behalf of a client (HPM 10.4 2-4) / 30 days (HPM 10.4 3-4)

Question 5

Which Category of complaint requires the inclusion of a chronological log?

Answer 5

Category I (HPM 10.4, 5-1)

Question 6

All complaints with allegations of criminal misconduct, which have been given a finding of Sustained or Unintentional Error, shall be sent where, for review?

Answer 6

The respective prosecuting district attorney’s office (HPM 10.4 5-10)

Question 7

An aggrieved party that contacts the office by telephone and expresses a desire to file a complaint against a non-uniform employee shall be notified of what?

Answer 7

the complaint can be filed via the Internet (HPM 10.4 3-2)

Question 8

What is a category 1 complaint?

Answer 8

Complaints alleging:
physical contact,
excessive force,
and/or criminal, racial, sexual, or immoral conduct.
Category I complaints also include those which allege acts of dishonesty and/or falsification of documentation, or allegations of unethical conduct. (HPM 10.4 2-1)

Question 9

What is a category 2 complaint?

Answer 9

Complaints alleging verbal misconduct,
nonverbal misconduct (not involving actual physical contact),
and/or complaints regarding matters not related to an employee’s conduct. (HPM 10.4 2-1)

Question 10

List the four types of “other” complaints?

Answer 10

Citation Validity
Departmental
Frivolous
Rescinded (HPM 10.4 2-1)

Question 11

All complainants shall be acknowledged by correspondence within _____ _____ days of the Department’s notification of the complaint.

Answer 11

5 BUSINESS days (HPM 10.4 3-3)

Question 12

Category I, Category II, and Other complaints shall be destroyed after a period of ________, commencing from the date the Department originally received the complaint.

Answer 12

Five (5) years (HPM 10.4 9-2)

Question 13

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

Answer 13

three (3) years (HPM 10.4 9-2)

Question 14

Closing correspondence shall be sent within ______ of the investigation being approved.

Answer 14

30 calendar days (HPM 10.4 7-1 4), This correspondence is required in all cases, including frivolous and rescinded complaints, and even in instances where the complainant has specifically requested no further contact with the Department. (HPM 10.4 7-13)

Question 15

The normal suspense period for complaints received at the command, or forwarded from BIA is ____.

Answer 15

sixty (60) days (HPM 10.4 4-1)

Question 16

The suspense period for legislative complaints is ______.

Answer 16

thirty (30) days (HPM 10.4 4-1)

Question 17

The employee’s complaint history (may, should, shall) be examined in order to determine the existence of previous complaints which would be relevant to the current investigation.

Answer 17

Shall (HPM 10.4 5-8)

Question 18

Is a complainant or witness allowed to use a tape recorder in an interview or discussion with an investigator? What shall the investigators actions be?

Answer 18

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, (in such cases) the investigator shall also record the interview or statement. HPM 10.4 5-6

Question 19

Should a supervisor desire to tape record an interview with an employee, outside the scope of a formal Administrative Interrogation, what must be established?

Answer 19

That the supervisor was given prior permission by the employee. HPM 10.4 5-6

Question 20

All complainants in a citizen’s complaint investigation shall be acknowledged by correspondence within how many days of the Department’s notification of the
complaint?

Answer 20

All complainants shall be acknowledged by correspondence within five (5) business days of the Department’s notification of the complaint. (HPM 10.4, 3-3)

Question 21

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 _________________ days.

Answer 21

ten (10) business days (HPM 10.4, 3-3)

Question 22

If a complaint is generated while an employee is attending training at the Academy, who will be responsible for the investigation?

Answer 22

the Academy Commander (HPM 10.4 4-2)

Question 23

Complaint investigations (are/are not) discoverable under the Public Records Act.

Answer 23

Are not (HPM 10.4 5-5)

Question 24

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 adverse action, what shall occur when the interview is suspended?

Answer 24

…the interview should be suspended and the employee shall be informed of his/her right to representation. [Chapter 5, page 5, section d (3)].

Question 25

CHP 268s (Potential Civil Liabilities) ________ be included as exhibits.

Answer 25

Shall not HPM 10.4  7-11

Question 26

Which type of form shall be completed if the complaint investigation uncovers any actual or alleged damage to property, or injuries to persons which may result in a claim against the state?

Answer 26

CHP 268, Civil Litigation Report, shall be completed and forwarded. [Chapter 7, page 13, section 6 a].

Question 27

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 what form?

Answer 27

CHP 287 HPM 10.4 3-6

Question 28

What classification of crime is it to knowing file a false complaint against a peace officer?

Answer 28

§148.6 (P.C.) makes it a misdemeanor to knowingly file a false complaint against a peace officer. (HPM 10.4, 10-2)

Question 29

Whenever an employee of this Department learns that another agency is conducting an investigation involving CHP personnel, he/she ____________ notify his/her commander who will in turn notify BIA through appropriate channels.

Answer 29

Shall immediately (HPM 10.4 10-4)

Question 30

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 what form?

Answer 30

CHP 287 HPM 10.4 3-6