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Nestor Garcia, CIP 19-093 CIP#: 19-093 1A#: unknown Case: Nestor Garcia Involved Officer(s): Javier Ortiz, $418 Allegation(: Misconduct DOI: June 26, 2019 Procedural History ‘On 06/26/2019 the CIP received an email complaint from Mr. Garcia against Captain ‘Ortiz allaging multiple acts of misconduct. Pursuant to Sec. 11.5-31 of the Clvilian Investigative Panel (CIP) Ordinance #12188, the Complaint was forwarded ta MPD on 07/01/2019. ‘Complaint #4 Italleged that unreasonable for Captain Ortiz to be promoted in the time frame he has been, when he has received the amount of complaints he has over the years, and has been named in the of a number of lawsuits he has been named in. Itis also unreasonable that Captain Ortiz has been able to choose the “creme de la créme" assignments he has had without consideration of the number of complaints and lavsults he has been named in. Investigation: A notification letter was emailed to the Principal Officer. Captain Ortiz responded, *Please advise when this is going to a hearing and | may attend to give a public statement.” MPO Records advised Captain Ortiz was hired on 03/22/2004, promoted to Sergeant on 08/31/2007. promoted to Lieutenant on 03/31/2015, and promoted to Captain on 10/18/2017. Captain Ortiz's disciplinary actions, to include letters of counseling and written reprimands were reviewed: 41/18/2018: Reprimand received for violation of DO's related to Rules and Regulations involving Commanding Officer to Set Example for Subordinates, Courtesy, Conduct Unbecoming a Police Officer, and Members and Civilian Employees to Conform; Code of Ethics involving Private Life; and Social Media/Social Networking. 08/21/2014: Reprimand received for violation of 00's related to Court Procedures, Attendance, second occurrence. 04/22/2014: Tickler was generated for failure to attend criminal court on 04/03/2014, 02/26/2014: Formal Counseling received for Eallure to Attend Court as required, first ‘occurence. 11/17/2008: Record of Formal Counseling received for Fallure to Attend Court as required. 10/28/2008: Record of Formal Counseling received for violation of DO's related to Rules and Regulations, Vehicle Operation. 08/27/2008: Tickler was generated for failure to attend criminal court on 07/03/2008. Departmental Orders Considered: DO 6, Chapter 8, SWORN PERSONNEL PROMOTIONS: 8.1 POLICY: The promational policy of the Miami Police Department (MPD) is based on the considerations of ability, equity and integrity, To achieve these objectives and facilitate a complete assessment of each candidate, the Department gathers information on each candidate considered for promotion. The Information gathered relates to the candidates’ prior job performance, Internal Afiairs record, commendations/reprimands, community involvement activities, education and training, ‘etc. Additionally, the Department complies with alll legal directives such as the Civil ‘Service Rules, the City Charter and other applicable local, state and federal laws, (CALEA 34.1.1; 34.1.3 a) 8.4 PROCEDURES: Sworn promotional vacancies are filled by appointment from ‘the appropriate eligible register. The first step in the promotional process is the ‘completion and filing of an employment application form (HR/AL 023 Rev. 06/09). Eligibility requirements for promotional examinations to the rank of Sergeant, Lieutenant and Captain are contained in Civil Service Rule 8.14. (CALEA 34.1.3 b; 34.1.5) ‘The Human Resources Department is responsible for conducting the recruitment and securing, administering and scoring all promotional examinations. Once the ‘examination has been administered and scored, an eligible register is established which lists the names of all candidates eligible for promotional consideration. (CALEA 34.1.3 b; 34.1.5) As promotional vacancies occur during the life of the eligible register, the Department of Human Resources generates certification lists in accordance with Civil Service Rule 8.4: Certification from Promotional Competitive Registers. A certification list is.a document containing the names of candidates from which selection may be based. In the case of competitive registers, the certificatian list is a subset of the eligible register. The generation of certification lists from competitive registers is based on the following procedure: “The Director of the Human Resources Department shall certify from the appropriate register far each vacancy the names of the five persons who stand highest thereon.” Internal Affairs profiles are gathered and considered in the promotional process. ‘The objective is to eblain a comprehensive composite to determine the capacity of candidate to discharge the duties of the classification to which appeintment is sought. 8.4.2 Comparative Items: All promotions will be based on ability, equity, and integrity. (CALEA 34.1.4) 8.4.2.1 Ability: Ability is the competence of the candidate, whether demonstrated by past performance or predicted on the basis of the examination, to perform the duties of a higher-level job. Considerations evaluated are: 8.4.2.1.1 Performance Eactors: Includes performance eveluations, commendations, reprimands, accident record, court attendance record, and review of the personnel file. 8.4.2.1.2 Physical Capability: Includes an evaluation of the physical and mental abilities needed to perform the responsibilities of the position. 8.4.2.1.3 Personal intearity: includes a review of Intemal Affairs records to determine patterns of misconduct, dishonesty, criminal involvement, or aministrative violations 8.4.2.2 Equity: All candidates, regardless of race, ethnicity, color, age, religion, marital status, nationality or sex, will have an equal opportunity to be cansideres for promotion 8.4.2.3 Integrity: Selections will be made solely on the basis of ability and equity, without personal or other favoritism, and without the application of personal preference relating to employee life-styles or behavior pattems that do not affect job performance. Staff Recommendation: Captain Ortiz Internal Affairs profile shows a high amount of citizen complaints; however, his personnel file reflects that he has been disciplined six (6) times, four (4) of them having to do with failure to attend court as required, since he was hired on 03/22/2004. According to Departmental Order DO 6, Chapter 8, SWORN PERSONNEL PROMOTIONS, promotions are based on ability, equity, and integrity. With this said, Staff is unable to prove or disprove the allegation of Misconduct in this complaint and recommend it be closed as No! Sustained. Complaint Committee Recommendation: Complaint #2: Mr, Garcia alleged Captain Ortiz manipulated the system to benefit himself by self-imposing 5% raises for SWAT, Marine Patrol, Bomb Squad, K-9, and Motors, Captain Ortiz has been given cettifications without fully completing required classes, and trainers that are assigned to him have had to give him these certifications out of fear of losing their positions, Captain Ortiz abuses his powers, then reaps the benefits of the pay percentage increments without having to do the actual jab or take the risks that come with it. These pay incentives increase Captain Crtiz's yearly salary and go toward his calculated lifelong pension payments. Investigation: ‘The following training certificates for Javier Ortiz were provided by MPD: * Breath Test Operator and SFST Refresher (09/17/2004) Hobbie (09/28/2004) ASP Tactical Baton (09/29/2004) Terrorism Awareness (12/7/2004) Alcohol Testing Program (10/07/2004) Taser (10/18/2005) Supervisors Value Driven Program (09/07/2007) TFO Orientation Course (12/11/2018) Basic Police Motorcycle Operation (05/25/2018) A review of Captain Ortiz paystubs shows he is collecting eamings for SWAT and Bomb ‘Squad, even though it does not appear he has been trained in these areas. ‘A copy of the Agreement Between City of Miami, Miami, Florida And Fratemal Order of Police, Walter E. Headley, Jr., Miami Lodge No, 20, October 1, 2018 through September 30, 2021 was obtained and reviewed. “The bargaining unit consists of all worn employees (hereafter referred fo as ‘bargaining unit member(s)") holding position in the classifications shown below which may hereafter be added to, reduced or changed as hereinafter provided, and excludes all other employees not specifically shown below in Section 1.4. Changes in the bargaining unit shalll only be made upon proper application to and adjudication by the appropriate state agency and/or the appropriate court of competent jurisdiction; or as may be mutually agreed upon by the parties.” 1.4 Bargaining Unit Classifications: Glass Gode Number Class Title 5005 Officer 5005 Motor Officer 5011 Sergeant 5012 Lieutenant 5013 Captain 5014 Motor Sergeant 5015 Motor Lieutenant 5080 Detention Officers Under Article 18, Wages, 18,7, “Effective the first full pay period following October 1, 2018, bargaining unit members while active in the below listed assignments, shall receive a five percent (5%) pay supplemental (to be prorated and paid on a bi-weekly basis) on their base rate of pay.” Neighborhood Resource Officer Mounted UnitiMotorsiK-9 Complaints Sergeant . “Senior Uniform Patrol” and “Senior Uniform Patrol Sergeants" “Police Officers (Investigators) and Sergeants (Investigators) assigned to the Office of the Chief, Investigations Division, Recruitment and Selection Unit, and Traffic Homicide who predominately perform the duties of the investigating cases. as determined by the Chief of Police will receive the annualized pay supplement F. Certified Underwater Recovery Specialist Diver assigned to the Marine Patrol Unit G. Bargaining unit members and supervisors active or managing the Bomb Squad H. Bargaining unit members and supervisors active or managing the SWAT moop> The contract was agread upon on November 30, 2018 by and between the respective parties through an authorized representative of the FOP, Edward Lugo, and the City Manager. Notification latters were emailed to the Principal and Witness Officers. Captain Ortiz responded, "Please advise when this is going to a hearing and I may attend to give a public statement.” Departmental Orders Considered: DO 15, Chapter 1, TRAINING: 4.4.24 Training Records: TPDS shall maintain records and documentation of each MPD employee's training history, to include all records associated with tr: classes and certifications for federal, State, and local requirements, mandatory training, and incentive pay. 1.4.24.1 The TPDS will maintain records for each employee, including date, type of training, certificate recsived, attendance, and test scores (if applicable). 1.4.25 Outside Training Course Attendance: It shall be the responsibility of the officer attending an outside course, to submit to the TPDS the following documentation to ensure official recognition/credit: a) Date of training b) type of training; ) certificate received, Staff Recommendation: CIP Staff finds the Agreement Between City of Miami, Miami, Florida And Fratemal Order of Police, Walter E. Headley, Jr., Miami Lodge No. 20, was properly negotiated and voted on by the authorized representative of the FOP, Edward Lugo, on behalf of the bargaining unit member(s), and the City Manager, and recommend the allegation of Misconduct for this allegation be closed as Not Susiained. Complaint Committee Recommendation: ‘Complaint #3: itis alleged that Captain Ortiz abused his powers and allowed a non-city employee, retired MPD Police Lieutenant, Rafael Borroto, to fly the City’s 3 million dollar helicopter. This benefited retired Lieutenant Borroto by allowing him to accumulate flight hours which is extremely expensive lo get in the private sector. Caplain Ortz is retired Lieutenant Borroto's close friend, and he is the head of the section. Investigation: A notification letter was emailed to the Principal Officer and Mr. Borroto. Captain Ortiz responded, ‘Please advise when this is going to a hearing and I may attend to give a public statement.” Mr. Borrato algo responded requesting to know the nature of the complaint because he did not recall ever being involved or araund any incidant involving Mr. Garcia, Staff responded advising him of the portion related to him, and there has been no further correspondence. According to MPD Records, Lieutenant Rafael Borroto retired on 01/03/2019. Telephone contact was made with Major Mike Gonzalez who advised the Flight Log is probably the most accurate document they keep, and to the best of his knowledge, MPO does NOT keep a record of passengers who ride in the helicopter, only of the PIC (pilot in command), Aviation records were received and do not show that retired Lieutenant Borroto has any entries in the flight logs since 01/02/2019 (one day before he retired). ‘Standard Operating Procedures Considered: Aviation Detail, SOP 1, Pre-Flight Inspections and Post Flight Procedures: 1, Preflight a. Prior to all fights, the Pilot-in-Command Is responsible for ensuring that the following tasks are completed: ii, The aircraft status board and appropriate logbooks have been reviewed. 2. Logbooks a, Each departmental aircraft will have a flight log assigned to it, and the log will be updated after each flight. b, The aircraft maintenance logbook is the final autherity regarding the flight status of an aircraft. Staff Recommendation: The Internal Affairs investigation remains open, Staff recommends pursuant to the CIP Ordinance, section 11.6-31(3)(d), that the Panel extend the tmeframe for the investigation to be completed and presented to the CIP for its final consideration by 60. days after receipt of the internal affairs’ investigative file. Complaint Committee Recommendation: Complaint #4; Captain Ortiz is not following MPD Department Orders with regard to the number of hours and off duty jobs he works, to include this year’s Miami Intemational Boat Show and Ultra Music Festival where off duty marine patrol employees were used, As the commander of the off duty office and marine patrol unit, Captain Ortiz is alleged to have manipulated the system and abused his power by going over the allotted maximum off- duty and regular work hours. Investigation: A notification letter was emailed to the Principal Officer. Captain Ortiz responded, “Please advise when this is going to a hearing and | may attend to give a public statement.” Staff requested and obtained Captain Ortiz’ on and off duty records, and FOP hours. through MPD, and subpoenaed his off duty records from the University of Miami. From the documents that were received and raviewed from 01/02/2017 to 08/19/2019, violations were identified (see attachment): Departmental Orders Considered: DO 12, Chapter 1, SPECIAL EVENTS UNIT: 1.4.8 Surcharge: A City of Miami Administrative Fee, currently $3.00 per officer, per hour, payable in advance of any Extra Duty Job by the private employer. A minimum Administrative Fee of $9.00 will be paid for each officer. Extra Duty jobs that patrol residential neighborhoods will pay an Administrative Fee of $10.00 per officer, per day as per City Ordinance. 1.6.8 Members are prohibited from working more than sixteen (16) hours during a (24) hour period. The (16) hour maximum will include a combined total of extra duty and on duty working hours. The total extra duty hours worked during a given work week (Sunday through Saturday) shall not exceed (36) hours. Any exceptions must be approved by the Special Operations Section Commander or his designee. 1.7 General Prohibitions of Outside Employment: 1.7.1 Outside employment shall not constitute a real or perceived conflict of interest with one’s City emplayment. The employee's foremost responsibility Is to his/her primary employer, the City of Miami. A few examples are, but not limited to, traffic accident reconstruction and consultation, working as private investigator, body guard, ‘conducting pre-employment screening and personnel testing and third party management of properties located within the City. 1.7.2 Under no circumstances shall outside employmont be performed during an employee's regular working hours. 4.9.6 Surcharges: Outside employers of police officers who provide a police ‘service will be required to pay an administrative surcharge to the City of Miami, The ‘surcharge rate may be obtained from the Special Events Unit ar from the Budget Unit. 1.9.6.1 Permanent outside employers will be billed for their surcharges on a ‘monthly basis by the Budget Unit, Permanent job coordinators will be responsible for ‘completing @ monthly surcharge report for the preceding month and submit it to the ‘Special Events Unit by the fifth of the month. The final monthly surcharge report will represent an accurate account of the man hours worked for the job as recorded on Extra Duty Trak. 00 1, Chapter 2, DEPARTMENTAL MIS: 2.4.2 VISION: The MPD will maintain the highest standards of professional ethics and Integrity. We are committed to the philosophy of community and neighborhood policing. We wll build partnerships and coalitions with the business, corporate, and residential communities to identify and recommend solutions to problems with the goal ‘of improving the quality of lie in our neighborhoods. We will employ time-tested police methods and promising innovative approaches to better protect our communities. We value the cultural unity and differences of our communities, recognizing that there is strength in bath. Our commitment is to provide professional service to ‘our citizens, residents, and visitors. 2.4.3 GORE VALUES: In our individual conduct and in our personal relationships, we value: (CALEA 12.2.1a) a. Integrity and ethical behavior at alll times. b. Respect for the rules of law and the dignity of all human beings c. Acceptance of full responsibility and accountability for our actions d. Empathy and compassion for others ¢, Direct communications that permits and encourages healthy disagreement f. Resolving differences in a mutually supportive and positive way DO 2, Chapter 3, CODE OF ETHICS: 3.1 POLICY: The proper operation of a democratic goverment requires that actions ‘of public employees be impartial, that government decisions and policies be made in the proper channels of the governmental structure, that public office not be used for personal gain, and that the public have confidence in the integrity of its government. ‘The purpose of this code is to establish ethical guidelines of conduct for all employees of the Miami Police Department. This code sets forth those acts or actions that are in the best interest of the City of Miami and its citizens. Itis the policy of the Miami Police Department that all employees shall take and subscribe to an cath or affirmation of ‘office administered by the Chief of Police or his designee upon appointment and before being assigned to any duties in the department 3.3 RESPONSIBILITIES: A police officer acts as an official representative of government who is required and trusted to work within the law, The officer's powers and duties are conferred by Statute. The fundamental dutles of e police officer include serving the community, safeguarding lives and property, protecting the innocent, keeping the peace, and ensuring the rights of all to liberty, equality and justice. 3.4.5 Integrity: Employees will not engage in acts of corruption of bribery, nor will they condone such acts by employees. The public demands that the integrity of employees be above reproach. Employees must, therefore, avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency. Employees will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the employes to refrain from performing official responsibilities honestly and within the law, Employees must not receive private or special advantage from their official status. Respect from the public cannot be bought; it can only be eamed and cultivated. Staff Recommendation: According to the records reviewed by Staff, Captain Ortiz has nat only repeatedly violated policy but has also violated the core values (DO 1, Chapter 2, Departmental Mission, 4.4.3) of the Miami Police Department, therefore we recommend this allegation of Misconduct be Sustained. Complaint Committee Recommendation: Complaint #5: Itis alleged that pursuant to the Florida Department of Law Enforcement (FDLE) Report related to the police involved shooting of Emesto Padron-Romero on 10/06/2017, Captain Ortiz (then Lieutenant Grtiz) advised in a sworn statement, “that while working an off-duty job at the University of Miami Medical Campus, he heard over the police radio a pursuit on NW S3rd Street by Miami Dade Police and he advised the dispatcher to send units in order to support MOPD. Lt Ortiz heard the pursuit had gone from 53rd Street and was heading eastbound an NW 20th Street and 17th Ave. Lt Ortiz abandon his post and engaged in an off duty vehicle pursuit in an unmarked city vehicle. Lt Ortiz by abandoning his posted neglected his duties and responsibility of providing safety to the students at the medical campus.” Investigation: Notification letter was emailed to the Principal Officer. Captain Ortiz responded, “Please advise when this is going to a hearing and | may attend to give a public statement." Accarding to Police Shooting Closeout Memo, authored by Joshua Weintraub and Luis Perez-Medina, Assistant Siate Attomey's with the Office of the State Attomey, Eleventh Judicial Circuit, Special Agents and Task Force Officers of the Federal Bureau of Investigations (FBI) and one Miami Dade Police Department(MDPD) officer arrived at 6:50 a.m. at a residence to serve a search and arrest warrant for Ernesto Padron- Romero. During the warrants execution, Mr. Padran-Romero crawled through a window and was observed running from the area. Mr. Padron-Romero carjacked a victim to flee the area, and later carjacked a second victim at gunpoint to continue his escape. Mr. Padron-Romero drove the second stolen vehicle at 2632 NW North River Drive and abandoned it under the 27" Avenue bridge, Mr. Padron-Romero was observed running with a firearm, jumping a fence on the west side of the property and going into the Miami River. Multiple police agencies responded ‘AL 9:18 a.m, body worn camera footage captured by a MDPD officer showed Mr. Padron-Romero resurface with the firearm in his hand, and the officer backing away and advising the subject had a gun. A hostage negotiator advised Mr. Padron-Romero ‘several times to put the gun down and that they were not going to leave. Mr. Padron- Romero went dawn somewhat in the water, and when he came up, he pointed the firearm direcily at a second hostage negotiator, who took cover. As this happened several shots wera fired striking Mr. Padron-Remero in the head. The FOLE investigation determined two (2) City of Miami Police Officers had discharged their weapons during the incident. This Closeout Memorandum states, “A representative from the Fraternal Order of Police (FOP) also on the scene advised that the MPD officers who were involved in the shooting also declined to provide a statement” The FDLE Investigative Summary, Use of Force Investigation, shows that at 9:27 a.m., MDPD requested FDLE respond to the incident location to investigate a use of deadly ferce by MDPD and MPD. From police radio transmissions/CAD Reports, it was determined Mr. Padron- Romero ran from the residence at 6:59 a.m., and stole the first vehicle at 7:02 am. MDPD Reports document that the armed carjacking's occurred at approximately 7:00 am, and 7:54.a.m. Captain Ortiz's sworn, voluntary, recorded statement to FDLE Special Agent Miles Sonn bagins similar to what is alleged by the Complainant, Captain Ortiz heard over the palice radio there was a carjacking subject being pursued by MDPD, and he advised dispatch to send units in order to assist. When Captain Ortiz heard the subject, Mr. Padron-Romero, was heading eastbound on NW 20 Street through the City of Miami, “that was when he intercepted the vehicle in the area of 17 Avenue and NW 20 Street.” Captain Ortiz advised dispatch of what was occurring and was able to maintain a visual on Mr. Padron-Romero because the driver's window was down. When Mr. Pagron- Romero bailed out of the vehicle Captain Ortiz “observed something shinny in his hand and thought it was a firearm.” As Mr. Padron-Romero ran towards the water, Captain Ortiz set up a perimeter. Documents provided by the University of Miami show Captain Ortiz was working, and signed in and out, on the incident date, from 7:00 a.m. until 3:00 p.m., and was paid $324.00. There is no indication in the sign in book that anyone replaced him when he responded to, got Involved in, the vehicle pursuit, perimeter, and shooting MPD Records advised on the date of incident, Captain Ortiz was assigned three (3) vehicles: 2016 Ford Interceptor SUV, 2013 Ford Interceptor Sedan, and 2000 Ford Excursion, It is unknown which vehicle, marked or unmarked, Captain Ortiz was driving at the time of this incident Captain Ortiz's work calendar for 10/06/2017 does not indicate that he used or was. compensated for FOP/Union time. There is also na indication on this calendar that Captain Ortiz. was paid by the City of Miami on this date. However, Staff was advised by MPD Records, “Unfortunately, we do not have the duty hours for Captain Javier Ortiz during that date reference switching to a new Police staffing system around that time frame.” Note; During this pay period, 10/01/2017 — 10/14/2017, in addition to the 80 hours he warked (union time), he was also compensated for 121 hours of Disaster OT Hours ($3,837.44). Departmental Orders Considered: Staff Recommendation: The Internal Affairs investigation remains open, Staff recommends pursuant to the CIP Ordinance, section 11.5-31(3)(¢), that the Panel extend the timeframe for the investigation to be completed and presented to the CIP for its final consider days after receipt of the internal affairs’ investigative file in by 60 Complaint Committee Recommendation: Complaint #6: Captain Ortiz continues to violate social media policy by posting on Twitter offensive photoshop images and memes of Commissioner Joe Carollo, and on Facebook photographs of police activity, including photograph of a subject in handcuffs sitting on a roadway curb. Investigation: Anotification letter was emailed to the Principal Officer. Captain Ortiz responded, “Please advise when this is going toa hearing and | may attend to give a public statement.” ‘AAreview of the posts provided from Facebook shows a single posting from the account Javi Ortiz from 08/03/2014, “Outstanding work regarding today's police pursuit taking two robbers off the streets of Miami’, with three (3) photographs showing officers in uniform, marked MPD police cars, a Honda cavered in fencing, and a subject handcuffed and sitting on the curb. The posts provided are from the Twitter account of Javier Ortiz, FOP, and.are primarily between the dates of 08/12/2019 - 09/02/2019. The majority of the pasts appear to be related to Captain Ortiz's ongoing public issues with Commissioner Joe Carollo. Captain Ortiz posted memes, solicited information from his followers for videos of Commissioner Carollo degrading residents/city employees, and/or the last four numbars of his social security number. Captain Ortiz advised his followers, Commissioner Carollo is endangering public safety to retaliate against the Ball & Chain, and wrote, “@JoeCarolloNow is a legend in his own mind’.| think there is a medical diagnosis for people that pretend they're something they a1 There was a single post directed to Danny Suarez, “Says @Suarezmiami, who isn’t a cop. Our experience playing Fortnite video games doesn't make you an expert on police matters, You know nothing. Are you running for commissioner, Sherriff or honorary boy Scout this week? FOP stands with our brother in blue,” Included in the complaint were other pictures from Captain Ortiz's Instagram (avifop20), and Twitter, showing officers in uniform, showing himself in uniform with Mayor Francis Suarez, and Hurricane Dorian relief efforts. Departmental Orders Considered: DO 1, Chapter 11, Rules and Regulations: 11.4.5.5 Commanding Officer to Set Example for Subordinates: To assure success in the performance of the basic duties of members and civilian employee, it is imperative that the commanding officer set examples for subordinates in energy, morality, sobriety, courtesy, courage, skill, discipline, and professionalism. 11.6.13.3 Courtesy: Courtesy toward the public and each other Is demanded of all members and civilian employees of the Department. Members and civilian employees (in their conduct and deportment) shall aways be quiet. civil, orderly, and courteous. Even in the face of great provocation, they shall be diplomatic in the performance of their duties; and they shall serve the City in the discharge of their duties by controlling their tempers and exercising the utmost patlence and discretion. When required, they must act with firmness and with sufficient energy to properly perform their duties. They shail, at all times, refrain from using coarse, violent, profane, or insolent language. An attitude of officiousness gains nothing, except the ill will af those with whom the officer comes in contact with 11.6.17.7 Conduct unbecoming a police officer that shall include any act or conduct not specifically mentioned in these Rules and Regulations that tends to bring the Department into disrepute or reflects discredit upon the individual member as a police officer, 11.6.28.3 Members and Civilian Employees to Conform: Members and civilian employees shall be required to conform to and abide by the rules and Regulations, Departmental Orders and other directives of the Police Department, the Ordinances of the City of Miami and the County of Miami Dade, and the laws of the State of Florida and the United States of America. DO 2, Chapter 3, Code of Ethics: ‘3.4.7 Private Life: Police employees will behave in a manner that does not bring discredit to their agencies or themselves. A police employee's character and conduct while off duty must always be exemplary, thus maintaining a position of respect in the community in which he or she lives and serves. The employee's personal behavior must be beyond reproach DO 13, Chapter 4, Social Media/Social Networking: 4.1 Policy: Public employees occupy a trusted position in the community, and thus their statements have the potential to contravene the polices and performance of the Department. Due to the nature of the work it is necessary that employees of the Department be subject to certain reasonable limitations on their speech and expression. The city of Miami Police Department recognizes that social media provides.a valuable means by which may engage in the exchange of information as well as to interact with others. The purpase of this policy is to outline exceptions of all Department employees ‘with respect to their personal use of sacial media, blogging and sacial networking sites, Employees should consider that biased-based or derogatory posting may have adverse consequences such as being used as exculpatary evidence in the impeachment of witness testimony in court proceeding, and public.as well as provide embarrassment. 4.2 Organization: This palicy shall apply to all Miami Police: Department employees. Employees should be aware that postings on media or social networking sites are not private; ner all form of speech posted protected by the First Amendment and may tarnish both the employee's and the Department's reputation and diminish the public’s trust and confidence. 4.4 Responsibility: It shall be the responsibility of all department employees to become familiar with and abide by this order. Any online action taken that detracts from the mission of the Department, or reflects negatively on the Department or individual employee shall be viewed as a direct violation of this order. All information created while on duty is the property of the Miami Police Department and is to be guarded and treated as confidential and proprietary and not for dissemination, unless authorized by the Chief of Police of applicable law. 4.5.1.1 Employees are free to express themselves as private citizens on social media sites to the degree that their speech does not impair working relationships of this Department far which loyalty and confidentiality are important, impeded the performance of duties, impair discipline and harmony among coworkers, or negativ affect the public perception of the Department. 4.5.6 Employees are prohibited fram posting any speech containing unlawful, derogatory, harassing, torturous, threatening, or sexually explicit language, images, or acis and statements or other forms of speech that ridicule, malign, disparage, or otherwise express bias against any race, any religion, or any protected class of individuals, or speech reflecting behavior that would reasonable be considered reckless or irresponsible 4.5.7 Employees are prohibited from divulging information gained by reason of their authority; make any statements, speeches, appearances, and endorsements; or publish materials that could reasonably be considered to represent the views or position of the Department without express authorization. 4.5.9.1 Emplayees will be held responsible for the content that appears on their maintained social media or social networking sites and will be obligated ta remove any posting or material contributed by others that identifies the individual as an employee of the Department. Staff Recommendation: Staff finds that Lieutenant Ortiz’s social media pages contained derogatory language and images about Commissioner Carollo and Mr. Suarez that may be perceived to ridicule, malign, disparage or reflect behavior that would reasonably be considered careless or irresponsible (DO 13, Chapter 4, Social Media/Sacial Networking, 4.5.6) and recommend this allegation of Misconduct be Sustained Complaint Committee Recommendation: Complaint #7: Itis alleged that Captain Ortiz and an unnamed off duty Lieutenant transferred an unknown employee because they were reporting misconduct within the unit. Mr. Garcia alleges the transfer was an act of “racism and retaliation” and refers to the blog LEO Affairs, Snake in Special Events, dated 06/16/2019. Investigation: The blog Snake in Spscial Events was reviewed. The people involved in this blog are all unregistered and therefore unidentifiable, The initial post alleged that Officer Maro Harris is making false allegations to get an unknown Captain and Lieutenant kicked out of the Special Events unit for transferring out Sergeant Pile. Captain Ortiz is not named in this blog, but it was noted by unregistered users that Lieutenant Gomez and Sergeant ‘Sadler were running the Special Events Unit. Notification letters were emailed to the Principal and Witness Officers. Captain Ortiz responded, “Please advise when this is going to a hearing and | may attend to give a public statement” Departmental Orders Considered: DO 12, Chapter 1, SPECIAL EVENTS UNIT 1,2 ORGANIZATION: The Special Events Unit is a function of the Specialized ‘Operations Section under the Field Operations Division. 1.5.6.6 The Special Events Unit Commander can replace or suspend a job coardinator or any employee working the job based on performance or a conflict involving the coordinator, employee, and or the employer. 1.5.6.7 All disputes involving employees and job coordinators on permanent ‘extra duty jobs will be resolved by the Special Events Unit Commander. ‘Staff Recommendation: The blog Snake in Special Events does not mention acts of “racism and retaliation’, and DO 12, Chapter 1, SPECIAL EVENTS UNIT, states that the Special Events Unit ‘Commander can replace or suspend a job coordinator based on performance or ‘conflict. Without more information, Staff recommends the allegation of Misconduct in this case be closed as Not Sustained. Captain Ortiz was hired on 03/22/2004 and has had 43 citizen complaints, 1 driving complaint, 1 relieved of duty, and 18 use of force incidents. ‘Complaint Committee Recommendation: - Investigative Notes Investigative Notes: 07/01/2019 Direct fila complaint was received by the CIP via email. 07/01/2019 Executive Director conducted a preliminary review of the case. 07/01/2019 Case assigned to Investigator Albert for investigation. 07/01/2019 Pursuant to the CIP Ordinance, the complaint was forwarded to MPD. 07/02/2019 Met with JED Jacobs to oulline the complaint and course of action. 07/02/2018 1A advised Rafael Borroto retired on 01/03/2019 as a Lieutenant. 07/02/2019 An email was sent to Mr. Garcia requesting an appointment to meet on 07/08/2019. 07/02/2019 Judd Goldberg, Esq., Associate Vice President and Associate General Counsel at UM replied that our email had been forwarded to him, and that because they are a private entity either would need either a formal subpoena or formal request from the Panel requesting the information. The request could be made directly to his attention, 07/02/2019 A formal request for Records was emailed and mailed to Mr. Goldberg 07/10/2018 Mr. Garcia responded to the CIP office and provided a taped statement. 07/11/2018 Dacuments were requested, 07/11/2018 Police communications were requested. 07/16/2019 Received an email from Mr. Garcia requesting to know how Captain Ortiz found out about his complaint $0 quickly. Staff advised Mr. Garcia pursuant to our Ordinance we are required to forward all complaints recaived to MPD for investigation, ‘and that in most cases the Principal Officer Is notified. 07/19/2019 MPD Com munications advised, “There is no such thing aS & Communications Log- ‘There are P sheets and there are CAD reports that can’ both be obtained via our Records Department. ‘As far as the audio - pleasé verify the MPD case number. Itis missing 2 numbers.” 07/23/2019 An email was sent to Mr. Goldberg inquiring about the racards request we made on 07/02/2018 07/29/2018 An email was sent to MPD Communications attempting to clarify what we are looking for since we do rot have the correct case nu mber. 07/30/2019 Arresponse about our request to UM Hospital was received. 98/05/2019 An email was sent to IC Quick with the correspondences between Staff and UM Hospital. ar06/2019 ems 2 and 3 from our request dated 07/11/2019 were provided. einei2019 Pursuant to our request from 07/02/2019 MPD Recorss advised, "due to 281020 atrial, the Special Events can nat provide the Operational Fign for Ultra sea pDIg. This roquest does not apply to the Business Management Section." 6/06'2019 An email was sent to MPD Records advising, “iis does MOT complete aaerequest for documents. We are sill requesting the training comncsie, flight Seed Miami Intemational Boat Show documents (2s described in our request, attached)” 8106/2019 Records provided pursuant to our request on 07/02/2019. gy08'2019 Communication records were recelved. 08/08/2019 MPD Records fomarded payroll records with a nate stating, “Flease Pe 06/08/20 0 iss a partial release, Once the remaining document is received it willbe forwarded to you." 08/12/2019 MPD advised on 10/06/2017 Captain Ortiz was assigned three vehicles: 3018 Ford Interceptor SUV, 2013 Ford interceptor Sedan, and 2000 Ford Excursion. 08/20/2019 The Panel met and approved the subpoena process 11 order to obtaln Captain Ontiz payroll records from the University of Miami Medical Center. 08/23/2019 IC Quick forwarded a Determination Letter advising that our investigation would not be interfering with a pending criminal Investigation. 08/23/2019 IC Quick advised via email that the Judge (David Miller) is requiring a 15- minute hearing rather than sign an ex parte order, and he will schedule a hearing for the next convenient available date, 09/05/2019 An Order Granting Petition for Extra Territorial Enforcement of Subpoena was signed by Judge David C. Miller on 09/05/2019 at 1508 hours. 09/08/2019 Received an email from Mr. Garcia stating, "This is the public Records Request obtain from the City. It doesn't show Ortiz working on Oct 6, 2017 for UM school of medicine." Attached were off duty documents thal were added to the file. 9106/2019 Received an email from Mr, Garcia. 09/09/2019 A request was made to MPD Records. 09/09/2019 A copy of the court documents filed by IC Quick were received and added to the file. 09/09/2019 An email was received from MPD Records, “The City of Miami Police Department is not the custodian of the Fratemal Order of Police records therefore we are unable to satisfy your request line item two (2) highlighted below. Line items one (1) and three (2) has been submitted as.a public records request." 09/10/2019 Staff responded to MPD Records. 09/12/2019 An email was sent to Majors Gonzalez and Rojas in Professional Compliance requesting their assistance in getting flight records that Staff requested on 07/02/2019 and have not received, 09/12/2019 An email was received form MPD Records. 09/12/2019 Staff advised Recards the flight records have not been received. 09/13/2019 Telephone contact was made with Major Gonzalez. 09/13/2018 A request was made to Major Gonzalez for the flight records between 01/03/2019 and 07/01/2019, 09/19/2019 An additional complaint was received via US Mail fram "Anonymous" who has been positively identified as Mr. Garcia by Staff. The allegation in this letter is about continued violation of policy issues it is believed Captain Ortiz is having with his social media accounts. Because of the similarity of this complaint to a portion of this case, this complaint letter, photos provided, and photos from an included disc, were added to this file (discussed and approved by ED Beamud). 09/26/2019 IC Quick forwarded an email to Staff from Farika Formosa at UM Hospital advised the declaration of records custodian had sent out for signature and the documents have been gathered and uploaded to a box account. She advised that they should be able to comply with the subpoena by 10/04/2019. 101012019 Aviation records were received. 10103/2019 Captain Ortiz off duty details were received 10/03/2019 An email was sent to MPD Records advising numbers 1 and 2 of our request are still outstanding. 10/03/2019 MPD Records advised to disregard the billing and forwarded our request. 1007/2019 UM Records were received. 10/28/2019 Captain Ortiz 2018 payment records from City of Miami were obtained. 10/30/2019 An email was sent to the FOP inquiring about the 5% raises for SWAT, Marine Patrol, Bomb Squad, K-9, and Motors, Mr. Garcia referred ta in his complaint. 10/30/2019 A records request was made for the current FOP contract. 10/31/2019 Documents were requested. 11105/2019 Witness notification letter was emailed to Officer Harris, Sergeants Pile and Sadler, and Lieutenant Gomez. 11/05/2019 Notification letter was emailed to the Principal Officer. 11/05/2019 Notification letter was emailed to retired Lieutenant Borroto. 11/05/2019 Captain Ortiz responded requesting to be notified when the case would be presented, 11/05/2019 Information related to Captain Ortlz’s hiring and promotional dates were requested. 11/05/2019 IC Quick advised he has contacted the University of Miami, who has located the record from 10/06/2017, are redacting it, and we should have it shortly, 11/10/2019 Case submitted for closure with Investigator’s recommendation. Beamud, Cristina Beamud, Citing CE? 19-0%3 Friday, June 28, 2018 826 AM Nestor Garcis| Rodiney Jacobs Subject: RE: Anonymous complaint Dear Mr. Garcla: As you probably know, your correspondence Is subject to the Open Recards Act. Also, it order to be helpful, we will need to contact you to get further infarmation. Are you wiling to cooperate with us? Thank you for letting me know, From: Nestor Garcia Sent: Wednesday, June 26,2019 8:08 PM To: Beamud, Cristina ‘Ge! Jacobs, Roney Subject: Anonymous complaint (CAUTION: This is an email fram an external saurce. Do nat click links or open attachments usless you recogae the sender and know the cantent is sae. June 26,2019 | would tke to make a formal camplaint against Captain Javier Ortiz while remaining anonymous. As youare aware Captain Javier Ortiz's abuse of power continues with no end In sight, If you goggle his name or take a ook at his Internal affairs file you will see complaint after complaint from people whether they are rich or poor, successful or not making the same accusations of his misconduct and abuse of power. Ortiz ets It be known to the higher chain af command that he Is politically well connected and “Ne one” should question his actions if they don’t want to be re-assigned or demoted. Ina short time span, Ortiz has been given multiple promotions, all while lawsuits for racism, ying and falstying documents have been handled by the City of Miami at taxpayersexpense. The U.S. Oepartment of Justice standards and Buldelines for intemal affalrs specifically address how lawsuits should be investigated, but Instead the City of Miami's administration turns a blind eye, and pays hundreds of thousands of dollars to settle Ortir’s abuses with no repercussions ar investigations. hitps://clc-zabsine com/Publ Think about that for a minute, Ortiz has jumped multiple ranks in the last two or three years while belng theemaloyee with the most camplalnts and lawsuits In the City of Miami. "Not only has he gotten promoted, but he has received the “creme de la creme" assignments after each promation, Ortiz was promoted to captain and assigned to a highly coveted pasition in a high Hability specialized unit. That assignment was overseen by two Majors with excellent track records of management prior to Ortis's assignment. Since Ortir 1 arrived, both have been transferred for challenging him. Those Majors, Jose Gontaler and Richard Perer triad to withstand the political storm created by Ortiz, when Ortir's way was challenged, but ultimately lost and were transferred aut to less than ideal positions, This yet another example why employees out of fear of retaliation remain silent on reporting his miscanducts. in the mean time, everyone else that is doing an honest days werk end are belaw'his rank or wark around him must ‘endure his dally engagement of abuse of power and childish behavior. No-one monitors Javier Ortiz, who comes and goes as he pleases without any accountability. He has no GPS tracking assign to hm, he wearsany dathing he wants, evenifit violates policy. He continues to violate the departments social media polices at will and those violations as ‘yau know have never been properly investigated, while law enforcement officers throughout the country have been taken off the streets pending discipline. As recently reported 72 Philadelphia offices were placed on administrative duty ‘ovar soctal media posts. Yet we allow Ortiz to get a free pass posting pictures of black suspects handcuffed on the ‘ground as he mocks, Imagine if that was one of your family members. It's just shameful how this department has allowed this individual to continued his racism, hatred and bigotry without giving out any appropriate discipline. I's amazing seeing in the commission meeting and on the media Mayor Francis Suarez commending openly Ortiz for doing a great job. The Citizens of Miami deserve better! The City has settled by paying hundreds of thousands of doliars in lawsults and damages far the abuse of one individual that continues his terror on the peopte that visit, lve or work in ‘Miami. Where isthe oversight? Why isnt he signed a body eamera or gps with his questionable behavior? He routinely Is allowed to drive multiple cars or motorcycles to avoid any accountability of his work. How does someone with his track record of being insubordinate, abusive, il wll, malice, untruthful and constantly challenging authority gets to be in charge of a Sections with high liability units form to.control and misguide at his, will? See attached organization chart ‘My Allegations are the following. Allegation #2 Allegations of Ortiz selfimposing 5% raises for SWAT, Marine Patrol, Bomb Squad, K-2, Motors among others to himself Is beyond comprehension, that is criminal. We have officers that have given up a lot to be able te make It into any of these hazardous specialized units and who are doing the actual jab that is required of them only to:see Captaln Ortiz manipulate the system to benefit himself. He isgiven certifications without fully completing required classes and trainers that are assigned to him have to give him these certifications out of fear of losing thelr positions. Ortizabuses his powers, then reaps the benefits of the pay percentage Increments withaut having to do the actual job ar take the risks that come with it. Not only does these pay incentives increases Ortl: yearly salary but itis also goes toward his calculated life Long pension payments. If this is not abuse of power what Is? Inone hand taxpayers pay hundreds of thousends of dollars to settle his lawsultsiand then in the other hand pay ‘equivatent in promoting him and providing him limitless pay that will go towards his pension. This isthe sort of corruption the CiP was created to prevent. Believe me that this abuse has an Impact on everyone he works with not just the wasted taxpayer mone Allegation #2 ‘Another allegation that has recently come to light Is that Captain Orti allowed a non-city employee to flya 3 millon dollar ity helicopter? The retired ex Lt Rafael Borrote, friend of Ortiz who left the department early in January of 2039, has continued to fly while employed by the state, Retired Lt Borrato has benefited by accumulating fight hours, which ‘extremely expensive to get in the private sector. This was again sanctioned by his close friend Captain Javier Ortiz, the 2 head of the section. Once again at the expense of the City tax payers. The ramification and Hablty of such actions are Incomprabensible and monetarily incalculable should something wrong happen. | am sure this canbe easily verified in some way that Is documented by the date of separation of retired Lt Barroto City employment, helicopter ight logs and communication with city emails. Did Ortiz chain of command, the Chief of police, logal or the City manager approved a nen city employee's use of City equipment and benefiting from sald use? Again, itis this Captain's continuing abuse of power end behaviar and the fact that no one does ariything because out of fear of retaliation that is realy frightening, See attached picture of Ortiz and his close friend retired Lt Rafael Borroto. Allegation #3 Additionally, a close look at Captain Ortir's off duty work should take place. Specifically this years Miami international boat shaw and Ultra Music Festival as they used off duty marine patrol employees. As the commander of the off duty office and marine patro! unit he again has manipulated the system and abused his power by gaing over the allotted maximum off-duty and regular work hours. Yet other officers have been written up, suspended or still under investigation for the same reasons, yet Ortiz continues to thrive making well over $200,000 dollars a year between his regular work schedule and off duty jobs. This can be easily verified by checking Ortir's regular work and off duty schedules, to Include his permanent job at UM Hospital. Allegation #2 ‘This next allegation against Captain Ortiz has passed the CIP one year requirement to investigate @ complaint. |am not asking the CIP to investigate this allegation but to forward it to internat Affairs and monitar the Investigation, specifically ‘the Officers Bill of rights 180 day investigative time rule to complete the investigation. ‘As you are aware on November 20, 2018, the Ci full panel sustained a complaint against the internal affairs Major Jesus Ibalmea for neglect of duty, for allowing the 180 days rule to expired and not dlicipling Orti for his raclal social media est violations, Hew Major Ibaimea was not transferred out of (A for incompetence Is beyond me, especialy that he ‘was warned month in advanced that this raclal investigation was being closely monitored by the CIP. ‘At this time, this complaint is not only against Captain Ortiz but against the intemal affairs section Major Jesus balmea and Chief of Police Jorge Celina for corruption, conduct unbecoming and neglect of duty, If thev donot complete the investigation within the required time rule to conclude the investigation and Issue discipline ifthe allegation is sustained). My complaint allegation Is 2s followed, On October 22nd, 2018 the State Attorney concluded its Investigation into the ppollee -Invabved shooting death of Ernesto Padron- Romero, in the attachment there is an FOLE Police Use of Force Investigation report conducted by Special Agent Danny Mosquere, Case # M-27-0074. The report stated that on October 06, 2017, SA Miles obtained a sworn, voluntary statement from then Lt Javier Ortiz, Lt Ortiz stated that while working an off-duty job at the University of Miami Medical Campus, he heard over the police radio a pursuit on NW S3rd ‘Straes by Miaml Dade Police and he advised the dispatcher to send units in order to support MDPD. Lt Ortiz heard the pursuit had gone from Sard Street and was heading eastbound on, Street and 27th Ave. Ut Ortiz abandon his, past and engaged in an off duty vehicle pursuit in an unmarked city vehicle. Lt Ortiz by abandoning his pasted neglected his duties and responsibility of providing safety to the students at the medical campus. |am asking that an investigation inta this be made. Question that should be answered. Did Ortiz take an off duty signal at the campus ? Was he double dipping being ‘compensated by the college and the city at the same time? Was he acting has an FOP rep before ar after the police shaating? Did anyone cover his off duty assignment? Investigative Report Emesto Padron-Romera - Miami-Dade State 2 {1am also bring to your attention a recent post on LEO Affairs dated 6-18-2019 called, “Snake In Special Events", Allegations of racism and retaliation committed by Ortlz and the off duty Lt. The allegation was that Ortiz and the Lt transterred.an employes thet was reporting misconduct behavior wtthin unit | suggest the all complzints that are being handle by internal affairs against Javier Ortiz shauld be manitored by the CIP cr forward ta the DOI or FDLE to conduct a non blas investigation, ‘Thank You