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DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs JOSEPH R. CHIARELLA, 04-003235PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003235PL Visitors: 14
Petitioner: DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION
Respondent: JOSEPH R. CHIARELLA
Judges: LARRY J. SARTIN
Agency: Department of Law Enforcement
Locations: Vero Beach, Florida
Filed: Sep. 15, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 22, 2004.

Latest Update: Dec. 23, 2024
ot STATE OF FLORIDA Np / CRIMINAL JUSTICE STANDARDS AND TRAINING By COMMISSION “i CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, Petitioner, vs. CASH NO. 19221 Joseph R. Chiarella, Respondent. y eee ADMINISTRATIVE COMPLAINT EERE KL OMPLAINT The Criminal Justice Standards and Training Commission, hereinafter referred to as the Commission, files this Administrative Complaint against the Respondent, Joseph R. Chiarella. 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 February 10, 1998, and was issued Law Enforcement Certificate Number 178090, 2. (a) On or about December 27, 1998, the Respondent, Joseph R. Chiarella, did then corruptly use or attempt to use his official position as a law enforcement officer, or any property or resource within his trust, or did perform his official duties, in such a manner as to secure a special privilege, benefit, or exemption for himself or others, to wit: ran Christy Hodge’s vehicle tag through FCIC to obtain personal information that he used for his own personal gain. {b) On or about December 15, 1999, the Respondent, Joseph R. Chiarella, did then corruptly use or attempt to use his official position as a law enforcement officer, or any property or resource within his trust, or did perform his official duties, in such a manner as to secure a special privilege, benefit, or exemption for himself or others, to wit: ran Catherine Weibel’s vehicle tag through FCIC to obtain personal information that he used for his own personal gain. (c) On or about November 22, 2000, the Respondent, Joseph R. Chiarella, did then corruptly use or attempt to use his official position as a law enforcement officer, or any property or resource within his trust, or did perform his official duties, in such a manner as to secure a special privilege, benefit, or exemption for himself or others, to wit: ran Stacey McGruder’s vehicle tag through FCIC to obtain personal information that he used for his own personal gain. (d) On or about August 17, 2001, the Respondent, Joseph R. Chiarella, did then corruptly use or attempt to use his official position as a law enforcement officer, or any property or resource within his trust, or did perform his official duties, in such a manner as to secure a special privilege, benefit, or exemption for himself or others, to wit: ran Jessica Dalicandro’s vehicle tag through FCIC to obtain personal information that he used for his own personal gain. 3. The actions of the Respondent did violate the provisions of Section 943.1395(6) and/or (7), Florida Statutes, and/or Rule 11B- 27.0011(4)(c), Florida Administrative Code, in that Respondent has failed to maintain the qualifications established in Section B 943.13(7), Florida Statutes, which require that 4 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, Joseph R. Chiarella 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) (c), Florida Administrative Code. NOW, THEREFORE, the Florida Criminal Justice Standards and Training Commission hereby complains against Joseph R. Chiarella 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 2p DAY OF ne ES /A SET 2 ROD CASWELL, Program Director Criminal Justice Professionalism Program CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been served pursuant to Section 120.60, Florida Statutes, this 2p day of June, 2003, to Joseph R. Chiarella, at 350 15th Lane, Southwest, Vero Beach, Florida 32960. } fE7 ROD CASWELL, Program Director /wrb cc: Vero Beach Police Department COMPLETE THIS SECTION ON DELIVERY ; Complete items 1, 2, and 3. Aliso complete A. Signature ERO item 4 if Restricted Delivery is desired. x MC, W/ 5eASH @ Print your name’ and address on the reverse Zot é so that we can return the card to you. VE. pe éd by ( Printed Nai a / ® Attach this card to the back of the mailpiece, or on the front if space permits. | Joséph R. Chiarella 350 15th Lane, Southwest . D. Is delivery address different fe9% item 1? '

Docket for Case No: 04-003235PL
Issue Date Proceedings
Sep. 22, 2004 Order Closing File. CASE CLOSED.
Sep. 20, 2004 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Sep. 15, 2004 Election of Rights filed.
Sep. 15, 2004 Administrative Complaint filed.
Sep. 15, 2004 Agency referral filed.
Sep. 15, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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