AR-M257_20110907_090238

IN THE CIRCUIT COURT IN AND FOR THE 1 r'" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL

JURISDICTION DIVISON CASE NO.: 11-28255 CA 11 MIGUEL A. EXPOSITO, individually and in his official capacity as Chief of the City of Miami Police Department, Petitioner, vs. THE CITY OF MIAMI COMMISSIONERS, WIFREDO "WILLY" GORT, in his Official capacity as Commissioner of District 1 for the City of Miami, and FRANCIS SUAREZ, in his Official capacity as Commissioner of District 4 for the City of Miami Respondent. ------------------------------------/

PLEASE TAKE NOTICE that the undersigned will call up for hearing before the Honorable, Judge Barbara Areces, Chamber 414 of the above-styled Court, at the Miami-

Dade County Courthouse, 73 West Flagler Street, Miami, FL on September 8,2011 at 8:00 a.m. or as soon thereafter as can be heard, the following:

PETITIONER'S VERFIED PETITION FOR TEMPORARY INJUNCTION (Per Judicial Instructions on Attached Electronic Correspondence)
Counsel certifies that a bona fide effort to agree or to narrow the issues on the Motion noticed has been or will be made with opposing counsel in an effort to avoid a hearing on this matter.

Exposito v. Gort and Suarez Case No.: 11-28255 CA 11 Page 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was being served on respondents COMMISSIONER WIFREDO GORT and COMMISSIONER FRANCIS SUAREZ via process server at 3500 Pan American Drive Miami, FL 33133 on or about this

&

day of

Q .&if' iad':~,2011.
'"1.1

:~;dYi

LA W OFFICES OF RUBEN V. CHAVEZ, P.A. Attorney for Plaintiffs 9100 S. Dadeland Blvd., Suite 1500 Miami, FL 33156 Telephone: (305) 358-0070 Facsimile: (305) 397-2433

Ruben V. .navez, Esquire Florida Bar No.: 0148822

Ruben Chavez
From: Sent: To: Subject: Importance: Feria, Jorge <jferia@judlLflcourts.org> Tuesday, September 06, 2011 4:48 PM rchavez@chavezpa.com 11-28255 Emergency request. High

Mr. Chavez the honorable judge Barbara Areces has reviewed your emergency motion and has granted an emergency hearing for Thursday September 08,2011 ninety (90) minutes hearing must conclude at the start of Motion

request

@ 8:00 am for

Calendar which starts at

9:30 am sharp.
You must make sure to notice this emergency copy of said notice confirming properly notified. chambers via return e-mail. If you have any questions please do not hesitate to call chambers. Best regards; Jorge Feria Judicial Assistant to Judge Barbara Areces Circuit Court Judge 11th Judicial Circuit hearing today and provide chambers with the parties to this action have been

all counsels and/or concerned

We will not re-confirm the emergency hearing until this is received in

Ph: 305-349-7131 Fax: 305-349-7245

1

IN THE CIRCUIT COURT IN AND FOR THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISON CASE NO.:

1 I ... 282 5 5 CA 1 1
MIGUEL A. EXPOSITO, individually and in his official capacity as Chief of the City of Miami Police Department, Petitioner, vs. THE CITY OF MIAMI COMl\1ISSIONERS, WIFREDO "WILLY" GORT, in his Official capacity as Commissioner of District 1 for the City of Miami, and FRANCIS SUAREZ, in his Official capacity as Commissioner of District 4 for the City of Miami Respondent. --------------------------------~/ VERIFIED EMERGENCY PETITION FOR TEMPORARY INJUNCTION WITHOUT NOTICE For Ius Verified Emergency Motion for Temporary Injunction without Notice pursuant to Florida Rule of Civil Procedure 1.610, Petitioner, MIGUEL A. EXPOSITO, individually and in his official capacity as Chief of the City of Miami Police Department (hereinafter referred to as CHIEF EXPOSITO), files the instant Emergency Motion for Temporary Injunction to enjoin COMMISSIONERS WIFREDO "WILLY" GORT and FRANCIS SUAREZ (hereinafter referred to as COMMISSIONER GORT and COMMISSIONER SUAREZ respectively) from sitting in

Exposito vs. Gort Verified Emergency Motion for Temporary Injunction Without Notice Page 2 judgment or otherwise disqualify same from voting on the issue related to the discharge of

CHIEF EXPOSITO,

and f-urther states as follows: 6, 2011, City manager,

1.

On September

Johnny Martinez

suspended

CHIEF

EXPOSITO, pending a vote by the City Commission thereby terminating his employment. See attached

on whether to formally discharge the Chief, memorandum from City of Miami City

Manager, Johnny Martinez as Composite Exhibit A. 2. More specifically, the City Manager is authorized to suspend the chief of police

for certain enumerated reasons and must "forthwith certify the fact, together with the cause of the suspension, to the commission who within five (5) days from the date of receipt of such notice, shall be final."

shall proceed to hear such charges and render judgment thereon, which judgment

Miami City Charter Part 1 Sub. A-§26.
3. Given the aforementioned, the City Commission will sit as a quasi-judicial body

in judgment of CHIEF EXPOSITO Johnny Martinez,

in determination

of the chargers) as alleged by City Manager, set forth for suspension and discharge

To that end, specific basis/charges

under the City Chmiel' §26 by the City Manager, Johnny Martinez are: a) Alleged insubordination for rerouting the departmental authority of three staff members under CHIEF EXPOSITO'S STAFF; and b) Alleged disregard of a request organizational restructuring. 4. SUAREZ EXPOSITO Although should be more fully discussed permitted to consider to reduce overtime expenses by

below, neither the

COMMISSIONERS charges

GORT nor CHIEF

aforementioned

against

insofar as it appears that they me unable to sit as objective and impartial triers of the

allegations in question.

Exposito vs. Gmt Verified Emergency Motion for Temporary Injunction Without Notice Page3 5. For this reason, there is a substantial likelihood that CHIEF EXPOSITO will

suffer irreparable harm consequent to a violation of his right to procedural due process as set forth under the Charter for the City of Miami; specifically, Part 1 Sub. A-§26. See also B1YWl v. Landis, 142 So. 650 (Supreme Court of Florida Division B 1932). 6. The injunction sought is to ensure a fair hearing on the matter at hand due to the GORT and SUAREZ to render a fair and impartial judgment,

inability of COMMISSIONER'S

thereby guaranteeing a fair and impartial hearing as required by procedural due process.

MEMORANDUM OF LA\V
A trial court may grant a temporary injunction if the complainant proves "(1) the likelihood of irreparable hann, (2) the unavailability of an adequate remedy at law, (3) a substantial likelihood of success on the merits, and (4) that a temporary injunction will serve the public interest." Hilb Rogal & Hobbs of Florida, Inc. v. Grimmel, 48 So.3d 957, 959 (Fla. 4th DCA 2010); Envtl. Servs., Inc. v. Carter, 9 So.3d 1258, 1261 (Fla. 5th DCA 2009); Reliance Wholesale, Inc. v. Godfrey, 51 So.3d 561 (Fla. 3d DCA 2010). Further, in order to allow the Court to grant a temporary injunction ex parte, the following must be shown in the verified pleading: (a) Temporary Injunction. (1) A temporary injunction may be granted without written or oral notice to the adverse party only if: (A) it appear's from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.

Exposito vs. GOlt Verified Emergency Motion for Temporary Injunction Without Notice Page 4 Fla. R. Civ. P. 1.610. Although more f-ullyset forth under Section IV below, the following basis support the entry of an order granting the relief requested insofar as there is: (1) a strong likelihood of irreparable harm, (2) no adequate remedy at law, (3) a substantial likelihood of success on the merits, and (4) the temporary injunction will serve the public interest. 1.

GORT MAY HAVE VIOLATED THE CITY CHARTER PROHIBITION WHEN HE APPARENTLY INTERCEDED IN SIMILAR ISSUE INVOLVING SAME Il\T))IVIDUAL.
In the instant case, the Charter for the City of Miami provides in pertinent part as follows: Neither the mayor nor the City Commission, nor any committees nor members thereof shall direct, request, take part in or dictate the appointment or removal of any person in the office or employment by the city manager or subordinates or in any manner interfere with the city manager or prevent the city manager from exercising his/her own judgment in the appointment of officers and employees in the administrative service.

Miami City Charter Part 1 Sub. A-§4(d). The Chmiel' for the City of Miami further states the following: No member shall be excused from voting except in matters involving the consideration of his or her own official conduct, or where his or her fmancial conduct are involved . .Miami City Charter Part 1 Sub. A-§4(f). COMMISSIONER GORT's personal conduct is

intertwined with the issues to be resolved by the commission, not to mention the fact that he may have taken part in or otherwise interfered in the City Manager's own judgment. As such, it

cannot be reasonably said that he will be fair and impartial when judging the allegations raised by the City Manager's suspension letter. At the heart of the matter is the fact that CHIEF EXPOSITO reorganized the departmental reporting structure when the proposed roll-backs were denied on or about August

Exposito vs. GOlt Verified Emergency Motion for Temporary Injunction Without Notice Page 5 4th, 2011; namely, those of Ricardo Roque, Jose Perez and Roy Brown. Perez's complaint to the Civilian Investigative Panel (CIP), According to Jose GORT

COMMISSIONER 2010.

apparently

took part in such a discussion

on or about December

To that end, the

complaint initiated by Jose Perez states in pertinent part as follows: In December/2010, Chief Exposito approached Carlos Migoya attempting to have me demoted without cause. Commissioner Willy Gort and Mayor Regalado were opposed to the demotion and spoke

to Mr. Migoya.
See Complaint Composite to the Civilian Investigative Panel dated August 29, 2011, attached hereto as Insofar as COMMISSIONER GORT may have

Exhibit

B (emphasis added).

interceded to protect Mr. Perez from "demotion"

sometime in December of 2010, he violated the suspect, and as such, must be

Miami City Charter Part 1 Sub. A-§4(d) renders his impartiality
enjoined from serving as a quasi-juror in any proceeding CHIEF EXPOSITO. Moreover, COMMISSIONER

involving the allegation at issue against

GORT has made very public comments

expressing

a bias

that is pre-determinative

of the issue at hand. See Charles Rabin and Patricia Mazzei, Article:

Drumbeat grows for exit of Miami police chief, Miami Herald, Feb. 2, 2011, attached hereto as
Composite Exhibit C. In the afore-cited article, COMMISSIONER
I

GORT states that it is time GORT's public bias against

for the chief to step aside. Id. In other words, COMMISSIONER CHIEF EXPOSITO

will cause him to resolve the issue before him on grounds separate and apart
i.e., whether CHIEF EXPOSITO'S actions

from the issue to be resolved before the commission, constitute insubordination.

Exposito vs. GOIt Verified Emergency Motion for Temporary Injunction Without Notice Page 6 This is of particular importance because the City Conunission will sit as a quasi-judicial body in determination of the charges to be levied against CHIEF E:A'?OSITO. In fact, the city charter provides: . The city manager shall have the exclusive right to suspend the chief of police and fire for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other reasonable and just cause. If either of such chiefs is so suspended the city manager shall forthwith certify the fact, together with the cause of suspension, to the commission who within five (5) days from the date of receipt of such notice, shall proceed to hear the charges and render judgment thereon, which judgment shall be final. Miami City Charter Part 1 Sub. A-§26. Needless to say, the City Commission will act as a quasi-judicial body insofar as it "will hear" and render 'judgment" on the allegations raised by the city manager, much like jurors in a civil or criminal trial. See generally Miami City Charter Part 1 Sub. A-§4. Given the allegation contained in Mr. Perez' CIP complaint that COMMISSIONER GORT was opposed to his being "demoted" and that he intervened in this regard clearly creates doubt as to his impartiality. This is of particular' concern, since Mr. Perez is one of the three

individuals who CHIEF EXPOSITO is attempting to roll-back to his civil service rank, As such, COMMISSIONER GORT's impartiality concerning the subject matter at issue is clearly compromised and reasonably in doubt. Accordingly, COMMISSIONER GORT must be precluded and/or dismissed as a

'juror/trier" when the conunission performs its quasi-judicial function and proceeds to hear the charges at issue and render judgment thereon, pursuant to the charter. See generally Henry v. State, 756 So. 2d 170 (Fla. 4 DCA 200); Reid v. State, 972 So. 2d 298 (Fla.4
th th

DCA 2008)(a

juror is not impartial when one side must overcome a preconceived opinion in order to prevail).

Exposito vs. Gmt Verified Emergency Motion for Temporary Injunction Without Notice Page 7 Consequently, COMMISSIONER GORT's suspected involvement as alleged in the CIP

complaint referenced above creates a reasonable doubt as to whether he can be an impartial juror on the issue of "insubordination" surrounding the roll-back of M1'.Perez to his civil service rank. Reid v. State, 972 So. 2d 298 (Fla. 4th DCA 2008)(1t is well established that a juror should be excused for cause if there is a reasonable doubt about his ability to render an impartial verdict) (citing: Singleton v. State, 783 So. 2d 970 973 (Fla. 2001); Juede v. State, 837 So. 1114 (Fla. 4thDCA 1114». In short, COMMISSIONER GORT must be excused under Miami City Charter Part 1 Sub. A-§4(f), given that his personal conduct is at issue in this regard as well as his impartiality compromised. To allow otherwise violates CHIEF EXPOSITO's right to procedural and

substantive due process. II. COMMISSIONER GORT'S OFFICE PREPARED DRAFT DISCHARGE LETTER FOR EXECUTION BY FORMER CITY MANAGER TONY CRAPP Upon the appointment of Tony Crapp as City Manager, a draft discharge letter to be presented to CHIEF EXPOSITO was prepared for Mr. Crapp's execution by Placido Diaz, with the assistance of Wilbur Jackson. See undated draft letter Attached hereto as Exhibit D. To that end, it is of particular importance to point out that Mr. Diaz is the Executive Assistant to COMMISSIONER GORT. Suffice it to say, the appearance of impropriety associated with the fact that COMMISSIONER GORT's Executive Assistant prepared such a dismissal letter attaches to COMMISSIONER GORT directly. Indeed, these actions are directly contrary to the prohibition against any personal involvement with the City Manager on issues related to luring and removal of city employees.

Exposito vs. Gort Verified Emergency Motion for Temporary Injunction Without Notice Page 8 Not surprisingly, insubordination is also raised as a ground for suspension and dismissal, even though the alleged insubordinate acts would not occur for another eight (8) months. For this reason, we do hereby incorporate the arguments raised above concermng COMMISSIONER GORT's predisposition as discussed under Section I herein. III. MUCH LIKE COMMISSIONER GORT, COMMISSIONER SUAREZ MADE PUBLIC COMMENTS EXPRESSING BIAS AGAINST THE CHIEF HAS

Much like COMMISSIONER GORT, COMMISSIONER SUAREZ too has made public comments expressing a bias against CHIEF EXPOSITO. More specifically, COMMISSIONER SUAREZ stated: "If I were the chief, I think that I would strongly consider resigning at this point," See Charles Rabin and Patricia Mazzei, Article: Drumbeat grmvs for exit of Miami police chief, Miami Herald, Feb. 2, 2011, and corresponding Commission Meeting of June 23, 2011, wherein he confirms his press statement attached hereto as Composite Exhibit C.
It is of

particular importance to point out that subsequent thereto - in an open commission meeting COMMISSIONER SUAREZ confmned the accuracy of the quote. For this reason, we do hereby incorporate the arguments raised above concemmg COMMISSIONER GORT's predisposition as discussed under Section I herein. IV. GIVEN THE AFOREMENTIONED, PROPER THE RELIEF SOUGHT IS JUST AND

As noted, the trial court may grant a temporary injunction if the complainant proves (1) the likelihood of irreparable harm, (2) the unavailability of an adequate remedy at law, (3) a substantial likelihood of success on the merits, and (4) that a temporary injunction will serve the public interest. See generally Hilb Rogal & Hobbs of Florida, Inc. v. Grimmel, 48 So.3d 957,

Expositovs. GOIt VerifiedEmergencyMotion for TemporaryInjunction WithoutNotice Page 9 959 (Fla. 4th DCA 2010); EmIl. Servs., Inc. v. Carter, 9 So.3d 1258, 1261 (Fla. 5th DCA 2009); Reliance Wholesale, Inc. v. Godfrey, 51 So.3d 561 (Fla. 3d DCA 2010). A. There is a likelihood of irreparable harm to Petitioner

As noted, CHIEF EXPOSITO is entitled to procedural due process insofar as he has a vested property right in continued employment in light of the safeguards provided by the Miami City Charter conceming the process for discharging the chiefs of police and fire.! The concept of a property interest has been defined by the United States Supreme Court as a legitimate expectation of continued employment. Mcliae v. Douglas, 644 So. 2d 1368, 1372 (Fla. 5th DCA 1994)(citing: Board oj Regents v. Roth, 408 U.S. 564, 577, 92 S. Ct. 2701, 2709 (1972)). To that end, the municipal action in this instance burdens that right for which same can only be deprived after a fair hearing subsequent to adequate notice and a reasonable opportunity to be heard. City of Lauderhill v. Rhames, 864 So. 2d 432, 440-441 (Fla. 4thDCA 2003). Suffice it to say, COMMISSIONERS GORT and SUAREZ' compromised objectivity raises questions as to the fairness of the hearing and the reasonableness of the opportunity to be heard before the commission in response to the charges of insubordination levied against CHIEF EXPOSITO. B. There is no other alternative adequate remedy at law

In no uncertain terms, the city charter indicates that the decision of the commissioners shall be deemed final. As noted above the charter establishes that the commission shall proceed to hear the charges within (5) days subsequent to the chiefs suspension "and render judgment thereon, which judgment shall be final." Miami City Charter Part 1 Sub. A-§26.

1 See generally Miami City Charter Part 1 Sub. A-§26 (If either of such chiefs is so suspended the city manager shall forthwith certify the fact, together with the cause of suspension, to the commission who within five (5) days from the date of receipt of such notice, shall proceed to hear the charges and render judgment thereon ... ).

Exposito vs. GOIt Verified Emergency Motion for Temporary Injunction Without Notice Page 10 C. There is a substantial likelihood of success
011

the merits

In this instance, there is a substantial likelihood of success on the merits because CHIEF EXPOSITO was in no way insubordinate to the directives set forth by the city manager. Generally, insubordination is defined as a ref-usal to follow orders and/or disobeying authority. Accordingly, it is significant that CHIEF EXPOSITO never rolled-back the three individuals at issue nor did the chief reduce their salaries or benefits. In short, CHIEF

EXPOSITO simply reorganized the information reporting structure within the police department once the actual roll-backs were denied by the city manager.' D. A temporary injunction will serve the public interest

Undoubtedly, the requested relief serves the public interest by preserving the integrity of the process. This element centers on whether granting the injunction will cause the public

greater harm than good. In Fredericks v. Blake, 382 So.2d 368 (Fla. 3d DCA 1980), the Third District COUli of Appeal reiterated that an injunction will not be granted where it is readily apparent that it will result in confusion and disorder and produce an injury to the public that outweighs the individual right of the complainant to have the relief sought. In the instant case, no such situation exists. In fact, the injunction in this case will do the opposite by preserving the public trust in its institutions and protections of due process provided under the law. E. This pleading is accompanied by verification by the movant as well as affidavits

Pursuant to Rule 1.610, the issuance of temporary injunction ex parte cannot occur absent the verification of the pleading by the movant. In the instant case, the pleading is verified.

2

See Generally

Miami City Charter Part 1 Sub. A-§§20, 25 and 36.

Exposito vs. Gmt Verified Emergency Motion for Temporary Injunction Without Notice Page 11 As such, all elements to support the immediate issuance of a temporary injunction have been met. Petitioners request the Court enter the temporary injunction until such time that a hearing can be held on the issuance of a permanent injunction. WHEREFORE MIGUEL A. EXPOSITO, individually and in his official capacity as Chief of Police for the City of Miami Police Department hereby respectfully requests this Honorable Court enter an ex parte Temporary Injunction enjoining Respondent,

COMMISSIONER WIFREDO "WILLY" GORT and COMMISSIONER FRANCIS SUAREZ from the actions described herein. Petitioners request the temporary injunction stay in place until such time as is necessary and proper. Verification of Attorney There have not been any attempts to provide notice to the Respondents given the time constraints related to the discharge of CHIEF EXPOSITO in relation to the procedural hearing required under The City Charter § 26. The Court should enter the Order without notice based upon the statutes, case law and factual circumstances described herein.

Exposito vs. Gmt Verified Emergency Motion for Temporary Injunction Without Notice Page 12
Verification of Petitioner

MIGUEL A. EXPOSITO verifies under oath the factual statements made in this motion.

Dated:

~I t,
)

,2011

1701. (l:J If COUNTY OF Mit /n,'
STATE OF by

:SS /)t1t£)

The foregoing instnunent was acknowledged before me this /;; day of September 2011 ik"0f2 whe-is persol1Gllly knoYvJ) to me or who has produced D L#- C .J..I~ .5.2// - S ¥ - ~-?, 0 - D as identification, and who did take an oath, and says that he has read this Motion and the allegation contained herein are correct.

it:/f(;1 if. 12.

My Commission Expires:

Respectfully submitted,
LAW OFFICES OF RUBEN V. CRA VEZ, P.A.

Attomeys for Plaintiffs 9100 S. Dadeland Blvd. Suite 1500 Miami, FL 33156 Telephone: (305) 358-0070 Facsimile: (305) 397-2344

CITY OF MIAMI, FLORIDA INTER-OFFICE MEMORANDUM

TO:

Miguel Exposito Chief of Police

'f'i r)6'
~

, DATE: SUBJECT

September 6, 2011 Suspension

FROM:

Johnny Martinez, P.~RJl City Manager

\.

ATTACHMENTS: E-Mails

Effective immediately, you are suspended from your position as the Chief of Police pursuant to Section 26 of the City Charter of the City of Miami. I have taken this action because you have failed to obey my orders and have taken other actions that indicate just and reasonable cause to demonstrate that you cannot properly perform your duties as the Chief of Police. Those actions include: • You directed three police staff members in your administration be stripped of all responsibilities thereby circumventing my express directive to "hold off' on their demotions. • You have continued to disregard my request about reducing overtime expenses by organizational restructuring and adjustments to deployment of resources consistent with the policy directives I have communicated to you. During the time of your suspension, you may not issue any commands, orders or directives, remove or destroy any records materials or equipment of the City of Miami, use any City equipment, enter the premises of any City of Miami Police Facilities or exercise direction or control in any way over the Police Force of the City of Miami and its members. I shall immediately inform the City Commission of my decision and the cause of suspension. The City Commission will, within five (5) days from the date of receipt of my notice, proceed to provide you with an opportunity to be heard in defense of the charges. If after a full hearing, the Commission determines the charges are well grounded, then the commission will enter its affirmative judgment which is final. When the affirmative judgment of the commission is entered, your suspension immediately becomes a removal, but, if the judgment of the commission is in the negative, the suspension ceases, and you will be reinstated.

1

Westall, Lynn
From: Sent: To: Cc: Exposito, M (Chief of Police) Friday, August 05, 2011 11 :09 AM Martinez, Johnny .. Regalado, Tomas (Mayor); Gort, Wifredo (Commissioner); Carollo, Frank (Commissioner); Sarnoff, Marc (Commissioner); Dunn II, Richard P. (Commissioner District 5); Suarez, Francis (Commissioner); Westall, Lynn RE: Demotions Proposed by Chief Exposito Red Category

Subject: Categories:

When we met this past Monday and I notified you about making changes to my senior staff, you indicated to me that you had no problems with it as long as I did not seek personnel from outside the police department. were adversely affecting police operations. However, when I met with you yesterday to have the documents finalized, you advised me that I could not make changes to my senior staff at this time, and that you would let me know when I would be able to do so. The restrictions you have imposed on me in regard to the selection, placement and movement of my senior staff will necessitate that I circumvent or bypass the authority of selected staff members in order to ensure that the goals of the police department are not compromised. Obviously ,this is not the optimal way to run any organization and I ask that you furnish me with a date certain as to when the requested personnel changes can take place, which will restore the ability for the police department to operate as intended. Referencing my prior email of August 2,2011 and your email response of August 3, 2011, concerning Lieutenant Luis Cabrera, as I informed you, Lieutenant Cabrera still shows as the Deputy Chief of Police in the city's system, when in fact I requested and was granted permission in November 2010, to roll him back to his civil service rank of lieutenant, something that he also requested in writing. In essence, the police department staffing reflects one Deputy Police Chief and three Assistant Police Chiefs, for which we are not budgeted and I do not need. I reiterate my previous assertion that Mr. Cabrera either returns to the police department as a lieutenant, or he resigns his position in the police department and is rehired as an Assistant City Manager. Thank you for your indulgence, I assured you that this was not the case, and that I simply needed to make changes to my staff due to some legitimate concerns which

Chiif Miguel A. Exposito Miami Police Department (305) 603-6100
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From: Martinez, Johnny Sent: Thursday, August 04, 2011 4:24 PM To: Pruitt, Beverly Cc: Exposito, M (Chief of Police) Subject: Demotions Proposed by Chief Exposito Beverly, I do believe in principal that every director needs to run their shop and be held accountable. However, please hold off on the three proposed demotions by Chief Exposito until further notice. Thank you Johnny Martinez, P.E. City Manager
1

Westall, Lynn
From: Sent: To: Exposito, M (Chief of Police) Monday, August 08, 2011 9:02 AM Martinez, Johnny; Regalado, Tomas (Mayor); Gort, Wifredo (Commissioner); Carollo, Frank (Commissioner); Sarnoff, Marc (Commissioner); Suarez, Francis (Commissioner); Dunn II, Richard P. (Commissioner District 5) COP-StafF-Appointed Chief's Directive Red Category

Cc: Subject: Categories:

Effective immediately) Section Commanders of the Administration Division will report directly to the Office of the Chief of Police. Additionally) lieutenants in the Flagamiand Little Havana NET service areas will report directly to the South District Patrol Major. The Administration Division. Chief and the Commanders of the Flagami and Little Havana NET areas will not be consulted in regard to any administrative correspondence or operational decisions. Miguel A. Exposito Chief of Police Miami Police Department

1

Martinez, Johnny
From: Sent:

To:
Subject:

Martinez, ohnny J Wednesday, July20, 2011 7:45AM Ortiz,avier J FW: Expenditure

See below -----Original Message----From: Exposito) M (Chief of Police) Sent: Wednesday) July 20) 2011 7:19 AM To: Martinez) Johnny Cc: 810m) Richard (Assistant Chief) Subject: Re: Expenditure We have reviewed the overtime expenditures in the police department. As we dicussed previously) most of the overtime costs derive from the fact that we currently have 54 officers less than we had the previous year) this is a 5% reduction in the number of police officers in the police department. To fill minimum staffing requirements) which ensure high visibility in our neighborhoods and officer safety) we have had to utilize overtiime. I • will stress) just as I did at our previous meeting that representatives of the Fraternal - Order of Police (FOP) were present) there has been significant savings to the city at the other end as a result of salary savings caused by the 54 police officer vacancies. The Tactical Operations Section has played a vital and pivotal role in keeping crime under check. The reassignment of these officers to patrol isn't that simple) while it will save on overtime costs) there may be a significant increase in crime in our city. The plan that you are asking that we implement) which was the brainchid of the president and vice-president of the FOP) will save money) which is that organization's primary concern at time of negotiations) disregarding its effect on crime or officer safety) something I see as a priority. Furthermore) I want to point out that,there is no budget in the police department for overtime costs associated with the Three Kings Parade) the Martin Luther King Parade) the Jose Marti Parade and other similar events) as such we have had to absorb these overtime expenditures that total hundreds of thousands of dollars. I was assured by your predecessors that the department would be reimbursed for these costs) but that did not materialize. In the next few weeks) I anticipate that we will be able to hire the first 16 of the 53 officers that I requested last year) this should help with our shortages. As requested) I will make the personnel changes you cited in your email) but in that case) I will not be helQ accountable for the increase in crime. I will also forward the documents you' requested. Miguel A. Exposito Chief of Police Miami Police Department Sent from my iPhone On Jul 19) 2(11) at 6:41 PM) "Martinez) Johnny" <johnnymartinez@miamigov.com > Chief) > >
1

> wrote:

> A recent review of city expenditures for the month of June show that
> your overtime budget allocation for FYll has been exceeded by $1.78M. > IJm requesting that you prepare an immediate plan of action to > drastically reduce overtime costs. I understand that the majority of > overtime usage is in the Field Operation Division. I recommend y au > consider reassignment of specialized units back to patrol as an 0 > ption. > > > > In addition) per our previous conversation) please provide me an > update regarding the current fuel consumption by the Police > department. > > > > I look forward to your responses to the above requests within a > week. Thanks. > > > > Johnny Martinez) P.E. > > City Manager > >

>

¥

2

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COMPLAINT FORM FOHl'dULARIO DE DENUNCIA

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CIVILIAN JJ\fVESJTCiAH\T[: ' si Iuese

Please provide as much information as you call about the incident(s), Use additional pnges if 11 cccssarlANEL Sumiuistrc in mayor cantitlad de info rmaclon pasible nccrca del (de los) incidcnte(s). Utilice paginas adiclonalcs uccesnrio.

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COMPLAINANT

INFORMATION

DATOSDEL DENUNGIAF Name: Nornbre: Address: Dlreooion: ...______._ (,) C)S.(L

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CITY OF MIAMI, r='LOI~IDA
!f~TER"OFF~CE IViENIORANDUM

TO:

Ihomas J. Rebull Chairperson Civilian Investigative Panel
~~

DATE: SUBJECT:

August 11, 2011 C IP

FROM: J~e=Perez Commander !ViiamiPolice Department

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Dear !Vir.Rebull: I am respectfully requesting an independent investigation into the unethical conduct of top officials within the Miami Police Department. I have asked Mr. Johnny Martinez (City Manager) for protection under the Federal Whistle Blower Act and the State Public Employee Whistle Blower Statue (112.3187). Based on what I have witnessed in the past, I have asked for protection under the law against all forms of harassment, retaliation and or adverse employment actions. I expect to be treated as any other employee and to not be subjected to unwarranted retaliatory actions. Below is a sequence of events that will prove critical to show how Chief Exposito. is intentionally creating this type of environment. . Chief Exposito has one reason on why he wants to demote me. I will not play politics for him when my main focus is to serve as a Police Commander for the residents of the City of !Viiami. I also publicly supported Mayor Regalado throughout his campaign. Chief Exposito's way of thinking is if you aren't going to abuse your position by finding ways to get rid of the Mayor, you are not on his team. I also failed to follow several unlawful and unethical orders given to me by Chief Exposito's staff. In December/20'IO, Chief Exposito approached Carlos ,IVIigoyaattempting to have me demoted without cause. Commissioner Willy Gort and Mayor Regalado were opposed to the demotion and spoke to !Vir. Migoya. They both told him that I was doing an exceptional job and that with I11Y efforts, there had been a substantial drop in crime in the Little Havana N.'E.T. area. On December 17, 2010 at approximately 1550 HRS, I was called from (305)603-6000. A woman that works for Chief Exposito told me that he (the Chief) wants me to be at his office at 1600 HRS. I responded and I went to his office. When I walked in, Chief Exposito was standing behind his desk and appeared very angry.

He signaled for me to sit down, which I did, After he sat behind his desk, he stated: "Listen asshole, let's t~lk straight here. I am the boss here. You are nobody. I promoted you as a Commander from Lieutenant and will demote you immediately if YOLidon't do" . what I tell you. I control the information here, Clear? You will not talk to anybody: media, troublemakers, stupid politicians, community leaders, dumb preachers, business people, state attorneys, Feds, etc. I talk to them all and tell them what's best for the MPD, YO~1 not tell them any statistics, our staffing, any operations, homeless issues, do any news, nothing, Or, any other information about thedepartment or' anything at all, do not even talk to them on a personal basis, I have people watching, I have eyes everywhere and friend in high places. I forbid you to talk to them, If not, you are gone, . And, I will demote you immediately like the other three assholes I demoted today for talking too much and not saying the l'ight things (He demoted Major Herbello, Commander Castro and' Commander Patino earlier that day), Listen to me again. You are hanging by a thread, You are nobody here, I am the Chief, What I says goes, Clear? If I have to call you next time, get ready ..,Midnight shift, Model City in that crazy black ghetto with those monsters, And, they like to shoot alot at anybody ...Black or white, so get ready," Chief Exposito then signaled (By pointing at the door) for me to get out of his office, I didn't say a word and quietly walked out of his office. On Friday, January 28, 2011, I received a phone call from Major steven Caceres, Commander of the South District. He stated that Chief Exposito, E/A Vega and Assistant Chief Richard Blom wanted to know if Miami Police Officers (under my command) were working with ICE Agents (Office of Homeland Security) in the area of West Flagler Street and 10th Avenue, I contacted Sergeant Ricardo Velasquez who advised me that ICE Agents were serving arrest warrants that morning in Little Havana. These people were wanted by federal authorities for crimes who, were illegal. It has been a long standing practice that when outside agencies (County/State/Federal) work in our municipality, we provide uniformed police personnel for security and safety reasons. Soon after speaking to Sergeant Velasquez, I contacted Major Caceres with , this information. He asked me how many people had been arrested. I told him that I wasn't aware of the official count. We estimated approximately six to seven people, In order to get more information, I corroborated Sergeant Velasquez's information with Officer Santiesteban. Major Caceres then ordered me to contact Assistant Chief Blom and E/AVega directly to explain the situation to them. J contacted Assistant Chief Blom, who listened to my response regarding ICE being in Little Havana. Chief Blom was polite and thanked me. Soon after, I spoke to E/A Vega who had me on speakerphone with Chief Exposito present. E/A Vega was extremely rude and upset. He kept on repeating that Chief Exposito doesn't need the bad publicity. He also asked why was I allowing City of Miami units in Little Havana to assist ICE Agents to create this bad publicity. He wanted to know if it was my intention to get the Chief in trouble. I explained to .hirn several times that these Federal Agents were serving their own warrants. ICE came into the city on their own accord and they were the primary units responsible for this operation. Our City of Miami Police Officers were there to keep the peace at the scene, to back them up, and to prevent any violence from occurring. As I told Major Caceres, I reiterated that it has been a long standing practice that when outside agencies (County/State/Federal) Work iii our municipality, we provide uniformed police personnel for security and safety reasons. This happens not only in Little Havana, but throughout the City of Miami. E/A Vega then told me in a threatening manner that the Chief wanted me to stop the Little
i

2

Havana Units from assisting ICE Agents. His reasoning was because of the bad publicity against the' Chief. I respecffully disagreed. I told him that if any law enforcement agency requests our assistance, by law, we have to provide it. And, if the . Chief wanted me to order our Police Officers to stop assisting Federal Agents, he is to provide it to me in writing and not verbally. That was within a week that two Miami Dade Police Officers were killed in while serving warrants. He continued talking in a threatening manner telling me that I wanted to hurt the Chief. E/A Vega then told me that if I didn't follow the order, that I was going to get demoted and that I did not know what I had coming to me. He also told me to "get ready" and that my days at the MPD are numbered. E/A Vega then hung up all me. I didn't not comply with his unlawful order to stop assisting any Federal Agents that requested our assistance. After Chief Exposito's failed attempt in demoting me, he had his two most trusted staff members attempt to persuade me in joining the Chief's efforts of coming after Mayor Regalado. In March/2011 while attending a staff retreat, I was approached by Executive Assistant Alfredo Vega and Major Alfredo Alvarez (Internal Affairs Division) during the afternoon of the second day. E/A Vega told me that I needed to get back into the Chiefs team and assist with the war to get rid of "the old man, Tomas Regalado". My response was "What war?" E/A Vega stated that Chief Exposito and Major Alvarez told him that if they don't either put Mayor Regalado in jailor get him aLit of office before the Chief is gone in January, they will all be out of a job. E/A Vega told me that Chief Exposito needs me to recruit religious pastors in Little Havana to publicly support him and publicly denounce Mayor Regalado. He also wanted the pastors to write letters to show further support for Chief Exposito. Knowing full well that the Mayor was aware that I was in support of him, Chief Exposito wanted me to act as a double agent against Regalado and City Hall by providing insider information about what they planned to do with him. E/A Vega then gave me an ultimatum. I either follow this order or that I'd be "walking on egg shells" and that the Chief would demote me back to Lieutenant placing me on midnights in the Overtown area. I told E/A Vega that I am a hard worker and that due to the efforts lead by me and my team, there has been a huge crime reduction in my area. E/A Vega cut me off and said that I need to make a decision: "You are either in or out. We have the manager (meaning the Ex- City Manager Tony Crapp) on our side. He is scared of the Chief. He will not fire the Chief. Think about it. Do not be a fool. Think about yourself." Major Alvarez then chimed in and said: "You can float and grow and get promoted. Or, I will make sure as the Chief of IA (Internal Affairs) that you are tucked with if you take five extra minutes for lunch." In the past several months, E/A Vega has contacted me several times to ask me what is the status of me recruiting religious pastors in support of Chief Exposito and against Mayor Regalado. My response each time is that religious pastors have a bigger mission in helping the poor and the needy. They aren't here to get involved in politics, E/A Vega's response was always the same, Either I move quickly in recruiting the pastors for the Chief's advantage, or I would get demoted. On 8/5/2011, Chief Exposito met with Johnny Martinez (City Manager) and expressed that he was going to demote me because I am not loyal to him. The demotion was denied by Johnny Martinez, Later that afternoon, Chief Exposito again met with Johnny Martinez with the intent to demote me. He was again denied.

3

On 8/8/2011, in an attempt to discredit and undermine my staff position, Chief Exposito sent a citywide email to the entire department that stated: . Effective immediately, Section Commanders of the Administration Division will report. dl/"ectly to the Office of the Chief of Police. Additio/7aHy, lieutenants ill the Flagami and Little Heven« NET service areas will report directly to the South District Patrol Major. The Administration Division Chief and the Commanders 0/: the Flagami and Little Havana NET erees will not be consulted in regard to any administrative co/respondence or operational decisions. Miguel A. Exposito Chief of Police Miami Police Department Instead of just sending it to staff members, he intentionally sent it to every single employee to make it known that he was ridiculing and embarrassing me publicly. On 8/10/11, I recieved an email from Commander Ethyl Jones stating:

From: "Jones, Ethyl (Commander) 11 <Ethyl.Jones@miami-police.org> Date: Wed, Aug 10, 2011 8:42 AM Subject: Change of Assignments To: "Perez, Jose A. (Commander) Cmdr. Roque and Cmdr. PerezPlease be advised that per Chief 810m, Cmdr. Roque will be reporting to Cmdr. Sanchez (Acting Major), Central District for administrative duties, and Ctndr. Perez will be reporting to Cmdr. Morales (Acting Major), North District for administrative duties. These assignments are effective today. I will also advise the respective acting majors that you both are currently "IF" and "V". Thanks. Cmdr. Ethyl Jones On 8/10/2011, Commander Manuel Morales advised me that per Assistant Chief Blorn, I was to report to the North District and to stay at the police station during my duty hours. larn allowed to leave the police station only for a lunch break. I was told that I was administratively reassigned. It is almost as if I am Linder relieved of duty. On 8/10/11, I received another email punishin'g me once again as further retaliation which stated:

4

Sent: Wednesday, August 10,2011 3:58 PM To: Perez, Jose A. (Commander) From: Morales, Manuel (Com man de!/,' . Cmdr. Perez, In reference to the below attached email, I had an opportunity to meet with Assistance Chief Blom and I was advised that you have been re-assigned to the. North District. Upon your return from vacation 017 Monday, August 15, 2011, you will be reporting to Major Cunningham and worl(Ji7g in an administrative capacity in the North station. We will make arrangements to accommodate you with a suitable wotic location to cetty out your assignec;i duties. The Asst. Chief also adviseel me that you may wear your uniform or civilian attire as you desire and that your duties will require you to remain in the NDSS, except for your allotted lunch breaks. Major Cunningham) Cmdr. Carr and I 1001< totwerd to working with you in your new assignment. If we can be of any assistance please feel free to contact Major Cunningham at your convenience. Thanks Commander Manuel A. Morales Little Haiti NET & Upper Eastside NET Miami Police Department Chief Exposito's actions are pure retaliation due to the fact that I will not participate in his goals of OVerthrowing Mayor Tomas Regalado. When Chief Exposito was denied the action of demoting me, he retaliated by stripping me of my supervisory responsibilities, His actions are unreasonable and have disrupted our workplace to the extent that the sworn members of our department have no idea of who they can take proper direction from. I have been employed with our police department for approximately 20 years with an impeccable employee history serving and protecting the residents of Miami. I have the second biggest crime reduction in the City of Miami. I will not follow Chief Exposito's unlawful orders nor wiJl I participate in unethical behavior. I am requesting that Chief Exposito is advised to immediately cease his actions. His total disregard for the direction given by the City Manager is unwarranted and a clear act of insubordination. I am requesting protection against any and all forms of harassment or retaliation. I expect to be treated as other Police Commanders and not be the subject of any witch-hunt type investigations. As stated earlier, this letter is also an official request for protection under all state and federal whistleblower laws. I am asking for the Civilian Investigative Panel to fully investigate these matters. I am asking respectfully for your attention to these very serious incidents. Thank you.

5

Drumbeat grows for exit of Miami police chief - 02/02/2011 I MiamiHerald.com

Page 1 of3

Posted on Wed, Feb. 02, 2011

Qthe miami Eetalb (P

Drumbeat grows for exit of Miami police chief
By CHARLES RABIN AND PATRICIA MAZZEI crabin@MiamiHerald.com The chorus calling for Miami Police Chief Miguel Exposito's exit grew louder Wednesday, as the majority of the city's five -member commission and the police union president said it's time for the chief to step down. "In my mind [city management] made up their mind and they're going to fire him. It's separating the membership," said Fraternal Order of Police President Armando Aguilar. "If he's going to be fired anyway, I think he should resign."

F

Exposito has been under fire since Miami officers shot and killed four black men during a six-week period last summer. His problems escalated after he traded barbs with the mayor over a video-game ordinance, and with the state attorney over questionable arrests prosecutors never signed off on. Aguilar's statement came a day after the city manager hired a retired FBI chief to evaluate Exposito and his department, which has taken heat for the summer shootings and the filming of a racy video in which police refer to themselves as "hunters" and "predators." Aguilar, who has been a union member under 13 chiefs of police, said his comments weren't meant to reflect on the 1,000 or so Miami police members of the FOP who will meet next on Feb. 23. Still, his words hold enormous sway: In 2009, he led the charge to force out Exposito's popular predecessor, John Timoney. Also taking a position on Exposito Wednesday were Commission Chairman Wifredo "Willy" Gort and Commissioner Francis Suarez. Commissioner Richard P. Dunn II already called for the chiefs dismissal during a recent commission meeting. Gort, a longtime ally of Mayor Tomas Regalado -- who, like Dunn, wants Exposito gone -called the standoff between Exposito and the city's management" not a healthy one." Gort has taken issue with Exposito's lengthy tussle with the state attorney. Couple that with a split union membership, Gort said, and it's time for the chief to step asi "I think he should," said Gort, who usually plays his cards close to the vest.

http://www.miamiherald.com/2011/02/02/v-printl2047775/dnunbeat-grows-for-miami-polic...

9/5/20

Drumbeat grows for exit of Miami police chief - 02/02/2011

I MiamiHerald.com

Page 2 ot:3

Suarez, like Gort, said he's concerned about the split in union membership. "If I were the chief, I think I would strongly consider resigning at this point," he said. THE REVIEW Exposito did not respond to a request for comment Wednesday. But earlier in the week, Police Maj. Alfredo Alvarez, an Exposito ally who heads up the Internal Affairs unit, told Spanish-language television station America TeVe that the hiring of former FBI special agent Paul Philip is an "attempt to make the chief look bad." Philip began work Tuesday for an undetermined amount of time to evaluate the department, everything from policies to e-mails sent by Exposito to State Attorney Katherine Fernandez Rundle. Philip will report weekly to City Manager Tony Crapp Jr. and will earn $33.50 an hour. The police department, Alvarez said, has survived repeated criticism from the administration and "attacks" from Dunn. "We've overcome all that, and now they come with someone new," Alvarez told America TeVe. "If the city is paying and the administration is paying and the administration wants to get rid of the chief, what do you expect to come from this? ... The [Philip] report is going to be bad, no matter what. If it's not bad, I will be very surprised." Crapp, who would ultimately determine Exposito's fate, declined to comment Wednesday. Despite the rhetoric spinning around the chief the past few months, the manager has publicly held steady on a promise to properly evaluate Exposito before making a decision. THE PROCESS The city's charter leaves Exposito's fate up to Crapp. To remove the chief, Crapp must have cause, which under the charter could run from insubordination to public drunkenness. Crapp must then sign an official form suspending the chief. That would then give Exposito a week to ask for a hearing before the commission, which would act as a quasi-judicial panel evaluating the facts. The majority of the commission can vote to overturn the suspension. If not, the chief would be gone. The difference between voluntarily retiring and being dismissed by the administration would be significant for Exposito, a 36-year veteran. According to city figures, if Exposito retires he could walk away with as much as $185,000 in unused vacation and sick time and bonuses, plus a pension of $205,800 a year. If he is dismissed his accruals and bonuses drop to $119,000, and his pension would be lower, though it was not clear what the exact number would be. The formal commission proceeding necessary for Exposito's removal is not open and shut, despite a majority of commissioners saying they favor his ouster. Suarez, for example, who is a lawyer, said he wouldn't commit to automatically falling in line with the manager if the chief were to come before the commission seeking to keep his job. "We have to be impartial as a judicial panel," Suarez said.

http://www.miamiherald.comJ2011/02/02/v-print/2047775/drumbeat-grows-for-miami-polic...

9/512011

Drumbeat grows for exit of Miami police chief - 02/02/2011

I MiamiHerald.com

Another commissioner, Frank Carollo, who wouldn't say if he thinks Exposito should leave, asked: ."What was the purpose of hiring a consultant if everyone says, 'Let's fire the chief.' ?" For his part Regalado, who endorsed the hiring of Exposito, said his mind is made up. ': It's toxic for the city and the image of the city," the mayor said. "It would greatly benefit the city if there were an elegant exit."

© 2011 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com

http://www.miamiherald.com/2011/02/02/v-printl2047775/drumbeat-grows-for-miami-polic...

915/2011

I find Chief, Miguel Exposito, is in violation of Sec 26 of the city charter and suspend him effective immediately. The charter states as follows:

The City manager shall have the exclusive right to suspend the chief of police and fire for incompetence,

m~gl§{;tgf 9Yt)'j imm9rEllityj grYnk§nn§§§j failYr§ tg gg§y gn;i§r§ giv§n by th§ pmp§r Elblthgrityj or tor
any just and reasonable cause. If either of such chiefs shall be so suspended the city manager shall forthwith certify the fact, together with the cause of suspension, to commission who within 5 days from the date of receipt of such notice, shall proceed to hear such charges and render judgment thereon, which judgment shall be final. Icertify the fact that the Chief of Police, Miguel Exposito, has violated section 26 of the Charter of the City of Miami. He willfully violated the below listed City of Miami Police Departmental orders and Civil Service Rules and Regulations clearly showing a violation of section 26 of the City Charter and in so

doin~ lJiGlat@d, CaU§ifll!; I!;r@atnarm to th@ (h~IJartm@nt, thg cltv, and its citi1.€m§.

Departmental

Order 1 Office of the Chief. Chapter 11:

Chapter 1 Governs the office of the Chief. Subsection 11 guidelines, rules, regulations and protocol.
I

11.6.18.2

Duty Responsibilities Notwithstanding the assi~nment of specific duties and responsibilities members and civilian employees' shall perform all

members and civilian employees of the department, department,

their duties which may be required of them by competent authority. In carrying out the functions of the members and civilian employees shall coordinate their efforts in a manner to establish and maintain the highest standard of efficiency. 11.6.17.9 11.6.13.8 Neglect or Inattention to Duty Conduct unbecoming of an office or Employee: No member or civilian employee of the

department shall conduct him/herself in a disorderly manner at any time "on" or "off' duty. Or so conduct him/herself in a manner unbecoming of a member or civilian employee of the City of Miami Police Department. 11.5.3..9 Work \n Harmony An members and ciVilian emj)\oyees should strive to work in harmony and in spirit of cooperation, rather than by authority. 11.6.17.23 official. Publically criticizing orders given by the Chief of Police. a superior officer. or a public

11.6.32.5 Derogatory Remarks: No member or civilian employee of the department shall, directly or indirectly, speak critically or derogatorily to anyone regarding an official action, order, or instruction

i3§!dggby any ranking or superlor gffiGgr: AI§g the aGtign or order gf any (it)' gffiGialj jygg§j magi§trat§j
or other official agency shall not be publically criticized. However, in any case where there is sound reason to believe that the order is inconsistent or unjust, the employee shall follow procedure under section 11.6.32.2.

The Chief, Miguel Exposito, is found to be in violation of City of Miami CivilService Rules and Regulations as Follows:

i4.2 Grounds for DismissaL Suspension and Demotion
The following are declared to constitute a breach of duty and grounds for dismissal or suspension from the classified service or grounds for demotion, though the charges may be based upon causes other than those enumerated; viz, that any employee who has been guilty of conduct unbecoming any employee of the city of Miami who: 14.2(b) Has been guilty of misuse of sick leave privileges or excessive tardiness or absenteeism without good cause. 14.2(c) Has willfully, wantonly, or through culpable negligence, been guilty of brutality or cruelty to an inmate or prisoner of the City institution or to a person in custody. 14.2 (h) Has been guilty of actions which amount to insubordination or disgraceful conduct whether committed on or off duty. 14.2(i) Has been wantonly offensive in conduct or language toward the public or city officers or employees.

14.2{k} Is incompetent, negligent, or ineffiElent in tlie performance of tlie auties of Hie position Rela.
14.2(r) Is antagonistic toward superiors' and fellow employees, criticizing orders, rules and pollcles, and whos.e conduct interferes with the proper cooperation of employees and impairs the efficiency of the public service.

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