Petitioner: DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: MATTHEW A. PACINELLA
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Law Enforcement
Locations: Viera, Florida
Filed: Jul. 27, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 26, 2005.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA FE IER
CRIMINAL JUSTICE STANDARDS AND TRAINING Pie tow Lf
COMMISSION
2005 JUL 27 A Hs 59
CRIMINAL JUSTICE STANDARDS
AND TRAINING COMMISSION,
Petitioner,
vs. CASE NO. 21720
Ci
Matthew A. Pacinella, O5 ~ a 713 +
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Criminal Justice Standards and Training Commission, hereinafter referred to as the
Commission, files this Administrative Complaint against the Respondent, Matthew A. Pacinella.
The Commission seeks to impose disciplinary action upon the referenced individual based on the
following allegations:
1. Respondent was certified by the Criminal Justice Standards and Training
Commission on August 22, 2002, and was issued Law Enforcement Certificate Number 203822.
2. On or about November 4, 2004, the Respondent, Matthew A. Pacinella, did then
test positive for a controlled substance, Methandienone, by a urine test which reflected a positive
reading consistent with and indicative of the ingestion of a controlled substance listed in Chapter
. 893 FS,
3. The actions of the Respondent did violate the provisions of Section 943.1395(6)
and/or (7), Florida Statutes, and/or Rule 11B-27.001 1(4)(d), Florida Administrative Code, in that
Respondent has failed to maintain the qualifications established in Section 943.13(7), Florida
Statutes, which require that a Law Enforcement Officer in the State of Florida have good moral
character.
4. This Administrative Complaint is issued pursuant to Sections 120.60, and
943.1395(6) and/or (7), Florida Statutes. Any proceedings concerning this Complaint shall be
conducted pursuant to Section 120.57, Florida Statutes, and Rule 11B-27, 28-1, 28-5, and 28-6,
Florida Administrative Code. Mediation is not available under Section 120.573, Florida Statutes.
WHEREFORE, it is alleged that the Respondent, Matthew
A. Pacinella is guilty of violating Sections 943.1395(6) and/or (7), and/or 943,13(7), Florida
Statutes, and/or Rule 11B-27.0011(4)(d), Florida Administrative Code.
NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission
hereby complains against Matthew
A. Pacinella and alleges that an appropriate penalty, as provided in Section 943.1395(6) and/or
(7), Florida Statutes, should be imposed for the reasons set forth above and in accordance with
the Election of Rights form (to which is attached an Explanation of Rights form) attached hereto
and incorporated herein.
BY ORDER OF THE CRIMINAL JUSTICE STANDARDS AND TRAINING
COMMISSION THIS _ 4 uy \_ DAY OF JUNE, 2005.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to
Section 120.60, Florida Statutes, this} lo day of June, 2005, to Matthew
A. Pacinella, at 1130 Rock Springs Drive, Melbourne, Florida 32940.
et
MICHAE ‘am Director
ce: Cocoa Beach Police Department
Docket for Case No: 05-002739PL
Issue Date |
Proceedings |
Aug. 26, 2005 |
Order Closing File. CASE CLOSED.
|
Aug. 25, 2005 |
Motion to Relinquish Jurisdiction filed.
|
Aug. 10, 2005 |
Order of Pre-hearing Instructions.
|
Aug. 10, 2005 |
Notice of Hearing (hearing set for September 8, 2005; 9:00 a.m.; Viera, FL).
|
Aug. 02, 2005 |
Petitioner?s Response to Initial Order filed.
|
Aug. 01, 2005 |
Notice of Serving Petitioner?s First Set of Request for Admissions filed.
|
Jul. 27, 2005 |
Election of Rights filed.
|
Jul. 27, 2005 |
Administrative Complaint filed.
|
Jul. 27, 2005 |
Agency referral filed.
|
Jul. 27, 2005 |
Initial Order.
|