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Ormond Beach Police Officer Suspended For Unauthorized Database Checks OBPD's Determination And Actions Appear Reasonable |
August 24, 2018 |
A recent Daytona Beach News-Journal article documents that Ormond Beach Police Officer Justin Pereira was suspended for one day for his unauthorized usage of a law enforcement computer database.
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While the Daytona Beach News-Journal's coverage was informative - this publication will explore whether Officer Pereira's misconduct was MORE than a mere police department agency policy violation.
Basically, when a Florida police officer goes under an internal affairs investigation - and if he / she has allegations sustained against them - these allegations can be labeled as mere agency policy violations OR they can be labeled as more serious MORAL CHARACTER VIOLATIONS, that can subject the officer to additional disciplinary action from the Criminal Justice Standards & Training Commission (CJSTC). Equate the CJSTC to law enforcement officers, as you would the Florida Bar to attorneys. The CJSTC is connected to the Florida Department of Law Enforcement (FDLE) - and it (CJSTC) is the agency that has been entrusted to maintain the ethical credibility of Florida's law enforcement officers, including correctional and probation officers. Within Florida Administrative Code 11B-27 - the CJSTC developed a series of MORAL CHARACTER STANDARDS to govern those individuals that Floridians have entrusted to wear a badge, enforce our laws, and to keep us safe. Some years back, and because of chronic abuse - the CJSTC included the misuse of law enforcement databases as a moral character violation. According to the CJSTC-78 report filed by the Ormond Beach Police Department - (see section #10) a violation of "DAVID rules and regulations" was noted. DAVID stands for the Driver And Vehicle Information DataBase, that is maintained, and regulated by, Florida's Department of Highway Safety And Motor Vehicles. The CJSTC-78 report did NOT acknowledge a sustained moral character violation (see section #11). This publication agrees with the OBPD's position that Ofc. Pereira's misuse of the DAVID database was merely ONLY an agency policy violation, and NOT a CJSTC Moral Character violation. Why ... well according to Florida Administrative Code 11B-27.0011, and a 2013 Technical Memo from the CJSTC - the subject officer must have acted with "bad intent", exhibiting aggravating factors, such as a non-amicable or contentious relationship with the subject of the database search. This does not appear to exist within the Pereira's situation. Therefore, it would have been, in our opinion, improper to raise the finding up to the level of a moral character violation. As published in the CJSTC technical memo - OBPD did apply the recommended disciplinary action against Officer Pereira. This publication does have some concerns regarding Officer Pereira's apparent lack of candor during his internal affairs interview - but has opted to place our trust with the discretion of the OBPD, and give the officer the benefit of the doubt. Hopefully, Officer Pereira has taken some professional experience away from this incident - and will "straighten up and fly right" from here on in. And there you have it......hopefully no more with come of this..... |