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BG Law Attorneys ‘One Financial Plaza 100 S.E. Third Avenue. - Suite 1300 Fort Lauderdale, PL 83394 954-530-5301 Robert C. Buschol Attorney at Law Buschel@BGlaw-pa,com Diroot Line: (954) 890-6748 December 4, 2019 Ms, Elisabeth Albert Civilian Investigative Panel City of Miami 970 SW lst Street Suite 305 Miami, FL, 33130 Re: CIP Caso 19-903 Dear Ms. Albert; This law firm represents Captain Javier Ortiz in the above entitled matter, We have reviewed the published report and recommendation from the Civilian Investigative Panel including a spreadsheet) wherein CIP accuses Captain Ortiz of billing more hours worked than there are ina day, Enclosed aro pay records for the off-duty details that are available with the City of It makes clear that Captain Ortiz did not receive over-payment for his hours worked ‘8 CIP has alleged in its spreadsheet for the Calle Ocho detail, You defamed Captain Ortiz when you statod he "has not only repeatedly vislated policy but has also violated the core values of the Miami Police Departmont, therefore me recommend the allegation of Misconduct be Sustained.” Let me be crystal clear: you falsely accused a captain in the Miami Police Department of stealing money from the City of Miami. This is defamation per se on its face, you defamed Javier Ortiz, Had the CIP requested the public records we now provide to you, you would see he was paid for the 10.5 hours he actually workod for the Calle Ocho detail — and not 27 hours See ADP payroll records, Instend of taking this simple step, CIP chose to call Captain Orie g thiof knowing full well that such a scandalous aceusation would be published by the Mums Herald (published on Noversber 28, 2019), We also provide the public records of the Off-Duty permanent work schedule that show Captain Ortiz only works on Fridays for the University af Miami School of Medicine Realize, thors is a difference between scheduled ta work ths detail and payment for showing for the work detail. This applies to all offiduty detail Furthermore, the administrative activities related to payment of surcharges to the City for the details did not fall on Captain Ortiz's shoulders; rather it fell upon the shoulders of the administrative sergeant. The administrative sergeant was counseled about making sure the scheduling, appropriate surcharges, and hours credit for working are consistent and accurate, Emails from Captain Ortiz addressing the situation addreased the issue. We enclose the letter of counseling ta the administrative sergeant that was also available by publie records request With the enclosure of those records, Captain Ortiz demands that the CIP delay the recommendation of any discipline to the full CIP. Within 10 days, CIP should rescind its accusation, Withdraw its recommendation, and issue a written apology to Captain Ortiz for falsely accusing him of being a thief. In an attempt to mitigate the damage the CIP has already done by defaming Captain Ortiz in the report, the CIF should make sure the Miami Herald receives a copy with the urging it publish the written apology to my client. GOVERN YOURSELVES ACCORDINGLY. Robert C. Buschel, Esq. ease ' Ace y Summary: 2019-13-4 ican $000 A Tere caus coup “Pree wenloraarow s25:eom"Pam ein Rm 4p Bt Pay Hate a3 mas on sa7s ons ous 200 200 2 20 2300 20 Mat 200 TM, our son nouns son si.s0 onhas 5595 380.45 35175 sshas sss sons s8hts ssn.ts sshrs ssu7s sours suis SSMS ssn7s. sous ars 1a30) City Of Miami Police Department | RECORD OF FORMAL COUNSELING iru ae PIN: 27081 Rt Packt: OW Geet Unt, Gesu | FOD'SDSSLittle Havana | B-shift Is PERFORMANCE O8 CONDUCT CITED sees fer ie exmaduty is the responsibility ofthe euatety ate a Sea aed for $231 ‘om August 2nd for $2,353,00 and hi for $2,115.00 and amended on September 12th to $3244.50, [ CORRECTIVE ACTION TO BE TAKEN ] Sergeant Waldes will adhere to any and all directives within the Deparmental Orders and SOPs, He wil fees and list of personne! working the location are accurate and submitted withia the POSSIBLE CONSEQUENCES SHOULD INCIDENT OCCUR AGAIN Progissiive discipline will be adminiscered i directives are ret adhered to. fh sag ree with Supervisoe's Statement [Efftave 807 submitied an addenda [have read thls Racord of Formal Counaghity Fd undediyfad 1 VER 4 Sages Mexinttane vats (LL EcAVE 270e1 ais | I (Bist Meme Emsherd in 7 on |___Lieutenant Gilberts Gomez LE aoa 2360 e3072019 | enn Wis ad Cora Stir Sen rs oi | MED-RE 205, Labor Rahebens (le Month: Name of Business Client: Address Sundey Monday Tuesday Special Events Off-Duty Permanent Work Schedule July Year: 28 UNIVERITY OF ADAMI SCHOOL. OF MEDICINE NW10 Avene HOO NW 10. AVENUE Person Responsible for Payment: __ JEFFREY LOCKE 745-261-2895 ae howe Job Cacrdinatar: Boo Moreno, Noslen maser date HOURS =" FROM EMPLOVEENAME & ASSIGNMENT DAYS BM eo;00-07:00 Cabello, Asta Sear Tt ‘0700-7800 ‘Marfa, Siafanie ry ‘eur 2300-07100 Parez, Joshua 1800-2300 going, Woe 1800-2300 pha, Ra O7G0- 1800 Oz davier 2300-07100 ‘Seda Mel, Maro 1800-2200 Dastephan, Reber ‘or0- 1500 Orfa, vavier 2300-0700 Sevdahlal, Maro Wednesday 1800. 23:00 Therscey Saturday (0700-1800 (9099-0700 ‘0700-1900 ‘wono-o7a0 7800-2300 ‘O70. 1500 2300-0700 ‘0700-1500 15:90 - 00:00 Dastaohan, Roberto Harbole, Jowvanny Bao Nareno, Nosien Miller, Laurer eo Meren, Nowlen wg, Ewer ;| | | SSM i JobNe: 2017178 UNIVERITY OF MIAN SCHOOL OF MEDICINE HOME PHONE: III Month: _ Sune Special Events Off-Duty Permanent Work Schedule Year, 2019 ‘Name of Business Client Address Person Responsible fo Job Ceardinator: Boo Mores, Nosien Sunday Monday Tuestay Wesnesay 1800. Thursday Fedsy Saurday LUNIVERITY OF MLaMI SCHOOL OF MEDICINE HOD NPE 19 Averue LO00 NW 10 AVENU Payment: __ JEFFREY LOCKE Es i oun FROM TO 00:00 - 07.00 (07:99 - 15:00 ‘oreo. 1800 2390 - 07.00 800-2500 ‘Dree- 1500 aot O70. 18:00 ‘Do00- 67.00 ‘O700- 1800 (oa:00- 07:00 "7500-2500 (0790-1800 7390-0790 "1300-0700 w= Pe nee EMPLOYEE NAME® ASSIGNMENT DAYS iam Cabet, Acian fee 1 ‘Magee, Stafanie SST Oia Ww Wisgns, Used omar san Destaphan, Rates =H om Sova Nal, Nato ae Sut om om oT Desteshan, Raker = om Hebets, Jonvanny oer $50 Boo Morera, Nesien Gad oT Tier Laurer oe TS Boo Morano, Noslen Edward ‘Ortiz. Javier | |TVTIINNTINT TINT ‘Sevita Mal, Maro Hea, Mazes Valter, Maximilian JebNe: 2017178 UNIVERITY OF MIAMI SCHOOL OF MEDICINE HOME PHONE Special Events ‘Off-Duty Permanent Work Schedule Month: Augu Year: =m Name of Business Client LUSIVERITY OF MIAMI SCHOOL OF MEDICINE Address: Avene MOUNW 10.4V1 Person Responsible for Payment:__ JEFFREY LOCKE pane Thane Job Coordinator: Bee Morena, Nos rer) ne HOURS aoe FROM TO EMPLOYEENAME& ASSIGNMENT DaYS HOME PHONE 1M Surday 00-00-0700 Cabello, Adsian ‘O700-1500 ___Morfa, Stefanie 7300-0700 Parez, Joshua 7809-2300 Wiggins, Uden Monday 15:00-2500 _Destephan, Rober 2300-0700 Savill Mal. Mario Tuesday 1800-2500 __Destepran, Rabeno O700- 1500 2300-0700 SavilaNai-, Mario Wedneseay 1600-2300 jephan, Raber Hartel, Jenvanny Thursday ‘GO00-0700 Boo Marana, Nosan 0700-4900 Biller, Lauren Fridey 90.00- 97100 ‘Bap Morano, Nosien "S00-2300 Lugo, Bower 0700-4800 Ori, Javier 7300-0760 SavlaMal Saurdey 0700.75.00 Hall, Matthow 1590-0000 Valdes, Maximilian JobNe: 2017178 UNIVERITY OF MIAMI SCHOOL OF MEDICINE City of Miami Prnervec] Police Department Sudemnge et lizliz Speci Tovnts Unk serge Cotea enlet ot Patce MONTHLY SURCHARGE REPORT Aug Year 2018 Business: UNIVERITY OF MIAMI! SCHOOL OF MEDICINE Address: 4200 N10 Avenue 1400 NW 10 Talophona: 786-251-2895 AVENUE eT 165 Billing Address 1981. N14. STRE Sat Telephone: _ 785-251-2835 [__ TeairenterctOapvionse: _3/ rt ec) Taltetencos 5 244s4 REEF hast WORRY eo # Te Are Persan Responsible for Pa Total Number of Ott jemtbar of Officers per Mech ‘Total insurance Amount ES Xx 5.00 $290.00 ‘ns Tar Sao ae Se heen 48 PO GPa PRE) (eemreeanneusdane 52 nw ony prcotew, Jee Coorcnaior Orta, Javar Sigraure Contact Number 7862907183 Date To betfled cut by Special Events Personnel Amount Ameuntts be pele to surcharge ge Amount = Irsurar JebNo: 2017172 UNIVERITY OF MIAMI SCHOOL OF City of Miami Police Department ones ot sorrt Caine Adgeess) 1500 61 19 Avenue 100 Nh AVEN Bi oy: MA Preteen Responsitie fer 1! Tout Number et OFea ede [Teena ot Te a Whee wa sence nde 820 soy ea ec out by Special Eveets Persons - irerarceAmcunt —_sAmauntto be pak OF MAK SCHOOL City of Miami Police Department Apenay 5 ofiehs Specar Evers Unk 49032 Coon MONTHLY SURCHARGE REPORT Bing wenn: Jy Year: 28 IERITY OF MIAMI SCHOO. OF MEDIONE Address: 1420 NW 19 Avence 1490 nv 10 Telaptone: AVE: 185 Twuphena; _ 7ae-281-2: Bhing Acdrses: 1951 NW 14 STR: FL. Zp Cote: 32138 on Rasperalbe kx Locke Teleptcre, Total Number of OMlicers per Day: i Total Number cfCays Werte Op a see Tefal Rute Tolal Surcharge Amount 2 xa a ie IWS. Penrice etwas Panae eo tonumce Eas Teal Niner of Oficers par Ment. Total insurance Amount e saze00 cress pannine $30 ype ctx, Jee Geertinator Orsz. Janae Signature Gate: Centact Number T2629 To be fillad out by Special Everts Personnel = Irsurarce Amount OF MAMI SCHOOL ON \JabNa! 2017179 UNIVE: City of Miami Police Department serecoiea Cie ot Paice Ing Mente duly Year ate et Busraas: UNIVERITY OF MAMI SCHOOL OF MEDICINE: Adereas: 4000 10.Avenue t400NIV'19 Teacher 786-261.2 AVENUE egaderasn 1051 NW 14 STREETS Zecese 33198 Cig: MIAN Teashone To be lled out by Special Events Personnel surenea Amount Amauntio be pai to surcharge Total Surcharge Amour Jebtio: 2017173 UNIVERTTY OF Mt SCHOOL City of Miami Ayn } i ila De, Police Department Suifehage eg dorge Goin nwt Posen Szecil Evans Unit MONTHLY SUR’ REPORT June 2018 18 of Gusitess: UNIVERITY OF MIAMI SCHOOL OF Address: 1200 NW 10 Avance T4900. 1 7a8-251-2835 AVENUE Bing Addreds: Tetophera’ 786-251-2005 a MIAME ZeCote: 338 Parner Resp EY LOCKE Twlophore: _ 786.251.2308 ]_ Towrareerctoanwonnt — 30 Suche ‘Total Number atheurs werrad 518 arte BF 113.67 “Total insurance Amourt a x Age $922.00 Tie Tou mio GGEaper nn Wace WIVES A OPE cree cuca: 35.9 coy Dien} ee Coord Signature ‘Coniae: Number: FEE2S01T 82 ete CARfitlr Te be files eut by Special Evonts Parzonnat ea Ameunt —_Amaunt ia be palc iar Ameurt - JdebNa: 2017179 UNIVER:TY OF MIAMI SCHOOL OF MEDICINE City of Miami are Boon Ciera ater siingiené= tun weet Sutivash. UNIVERITY OF MtAM SCHOOL GF MEDICN Twaghora: THE2M Teechona:_ TéS-251-2008 Decode se FEREY LOCKE Telechere: _ 73251-2805 Parser Reasons for Payne ral ureer cf Osea 2x Der TasinanteetDenvioned, 730) Siechersst Tota Numba a sus were, tal Suronarga Arrow Teta Insuranod Arent x S00 nace Seen 7) To be files out by Sp Jal Everts Personnel Ann Aneantenepee eactage OF NANA: SCHOOL OF MED: City of Miami Police Department Biting Mont: Yase i Nerue ol Business: UNIVERITY OF SAM SCHOOL OF MEDICINE suoo No Telephone: Tap-251.2655 Address 1420 NW 1 Ay AVEN, Bling Address: 1051 N14 STREET STE 145 Teeptece: 7662: Gite MY Persca Rasoorsiis 5 Peymact _JEFFR: cer Otcenperdey: SR ToaiNucberotDasviiet Suckers, Total Number of hours wera 228 x 450 Capienees aia sioy raced nee oer Josureree Fae: miter of Offcers par Monch eB) xs Jeb Coordinator Ortiz, aver Signature: Contact Naber 7882071 Dee: To be fled cut by Special Evancs Parsennal ‘Total Surchage Amourt Ey Fnguraces Amaunt —Ameurt tn ke paid to surcharge SobNo: 2017178 LRIVERITY OF MIAR SCHOOL OF MEDICINE City of Miami Police Department ‘Speck Svecs Unt Jerae Catra costar ates year 2010 Trap 38-251-2895 Biing Atereas: 1OBINW 18 5" Telaphena: 786-281-2805 o rte FL Zp Core, 38 Sig Telechone: 788.081.0808 argon Reszesibia fee Paymae ‘Total Nomar 0( Ofcer par Ow Suchen: ‘Total Number of hours werkad Tots Surnarge Amount <= ASEUI2 xn ssueer” 83 924.00 toawanca Ea Tera! Inswrance Amount ‘To be filed cut by Spacial Events Peracnnal gu Areuit - insuracee Areunt — Ameuet mie paid te nurenar Total Sh NAM SCHOOL OF MEDICINE City of Miami Police Department Jorpe Cotes chet et etcn ‘Special Evmnta tine Billing Meme danary ae Nama ef Busirass: UNIVERITY OF MIAMI SCHOOL OF MEDICINE Address: 1490NW 10 Avense 1400 NV 10 Tetephcra, TBEDSI.2854 AYENJE ed 1g Adérass; 1061 NW 14 STREET STE 165 we FL, BpCoda: 39138 iy: FREY LOCKE Telechone: 7852512895 we for Pay Perec Res: ‘Totat Number of Cfticers per Bey: TeulNucte:cfOepWotet Sf ner of hours werkad Total Surcharge Amount 51,053 50 Total Ds: ‘Bk filed ox by Special Events Parscnnel ar tha be paid te surshary = Inswange Aras MISCHOOLGF NEDICIN City of Miami Police Department Seecl dese Unt eet oP eu lope: Oecember Year. 2018 Mama ef Betiraae: UNIVERITY OF NAMI SCHOOL OF MEDICINE Aderess: f400NW 10 Avorue 1200 N19 Telephone: 70281-2806 AVENUE. Biling Access: 4054 NY Telephone: TE8251-2828 hua Sat FL DpCede: 29196 Telephone: _ 726-251-2808 yetDeye views: 30D ‘Teta Number of Oticers cer Boy: Total Nu ee by un eb 7. UO Pe Fouaves es Uasap need a Teal TDA (Conmact Number: 70032" fed out by Specal Evants Parsennel Total Suierarge - Inererca Amaunt —Amauntte be pale to surch City of Miami Police Department secures peste ves eat ates MONTHLY SURCHARGE REPORT ore NWETBEYL Yew Ea UTY OF MIAW! SCHOOL OF MEDICIN Address: SOND Avenaa 1400 NW 1D AVENE Bling Asset: Nw te STREETSTE 168 sie: FL Zo Cole: 01% fePemect JEFPREVLOCKS Teeprene: 7202s eesperoar | _TettNumberetBea Woree: 307 iain L “Total tuna o SOR wareae “Teta! Surcharge Aout ge loldg Xa man $999). 1 ipa nasa ov Pas) Race TER " Soa pseesnircan fuk set 19.00 ea oan From: Ortiz, lnviar Seat: Monday. December 2.2018 238 Fo To: Sedier, Jenevieve Subject: Fae SEU - Perranent Extra Duty Assignments Captain Javier Ortiz Deputy Section Commander Specialized Operations Section (305)603-3500 From: Ortle, lavier (Capt) Sent: Wedresday, September Li, 2019 106 AM To: Boe-Merano, Nosten <81489.@mian-poliee erg: Valces, Maxim Subject: SEU - Permanent Extra Duty Assignments 10 «27081 @miami-pelice.ore> Good morning Sergeant Valdes, need you to update the schedule to the University of Miami. Aswe spoke two weeksago, tha Mondays in 2 long time. While you coordinate the extra duty assignment under my IBM, it simpartant tha schedule you are submitting ewery month is correct. Example, as you are well aware, Sergeant Dastephan was terminated some time ago, Sargeant Lugo showson Fridays asn't wer ra if Officer Moria is working it anymore. tis agsignmant in months, have cc’d Officer Boo Marane who can give you an updated schadule. Fortunately, this Is just an administrative interna! issue since you have been billing UM 24 hours a day anyway, Please correct any ‘schedules/surcharges. I you need to go te Spectal Ev em, email me back and | will 5k your cchainto allow yau te take careof it. I villlbe requesting te closeout Echo and the older extra duty assia Thanks, Captain Javier Ortiz Deputy Section Commander Specialized Operations Section City of Miami Police Department ela vet Unk Rodorounree cna eiling Mont Yass nie Name ef Butleass: UNIVERITY-OF MEAN! SCHOOL OF MEDICINE CA AG Avoniet: $400 NY 10 Telephone; Teeast.2805 AVENUE dress: $951 NW 4 STREET! Telaphare: 7282512885 State: FL Zp coda 32128 sbielorPayment 46: Locae Tslaphone: _ 766-25) Telal Nurber of OFlaers per Dey ‘Tots! Numbac ef Days Worked: ‘Tela! Numba of houra worked ‘Total Surcharge Amant 5 x 450 s2a22c0 Te earce aes arenes Ta Inupeoe Ea: ‘Total Number cf Ciicers per Month Total insuranes Amour: eb x 500 si29.c0 etc orn wie a nc eae frecmeess eens Sonar snr Bl Jee Coorcrater: Gri Javier Soave Govcaet Nucher TAETSOTIED bes estoshg ‘To baited out by Spell EvantaParserns! acphnont = = —rance Ama Amount lobe pale to surcrerge ‘JobNe: 2017178 UNIVERTTY OF Sadler, Jenevieve Sn ee From: from erry 0: ‘org 20120305,2247 17 seangoniom Captain Javier Ortiz Deputy Section Commander Specialized Operations Section (305)603-3500 Froms Valdes, Maxtraliano <270818 miami-pal arch 5, 2018 11:37 PM Kimberty rir, Javier (Capt); Lu. Edward (Set) Subject: FW: Scanned image from CITY GF MIAMI is the monthly surcharge reports forthe man ALIN 400 NW 2 AVI MIAMI, FL. 33126 From: scang@miani: pole org (aite:scan@miami-colice ara] On Bebaif Of scan@ Sent: Monday, March 5.2028 10:47 PM To: Valdes, Maximilaro <27081@miambgolice City of Miami Police Department Pada Cone ot Paice Telechoca: _ 78251-2895 $end ner ead Tac Meath Total Insurance Amcunt x $00 $360.00 ee 2 oar Recs Oe aha we | | Ta 'be Mlad out by Special Evants Paraornel - Ingirares Ament Amounts be pals ts suchergs obNe: BO47ATS UNVERITY OF MIAMI SCHOOL O adler, ieve Oriz Javier (Capt Monday, December 2, 2018 2:43 PM Sedier, Jenevieve Fre-Scanned image fram CITY OF MAN Antachments: scan(rniami-police org 2018070222506 Captain Javier Ortiz Deputy Section Commander Specialized Operations Section (305)603-3500 Javier. Ortiz@ Fram: Valdes, Maxcriiiang <27081671 Sent: Tuesdey, January 2, 2018 10-45 PM To: Pile, Kimberly. ce: Ortiz, lavier Subject: PW: Scanned image from CITY OF MIAMI Good Morning ‘Attached to this emall is the monthly Surcharge Report for tha month of December, Teank you SGT. MAXIMILIAN VALDES CITY.GF MIAMI POLICE DEPARTMENT CRIMINAL INVESTIGATION DIVISION ~ HOMICIDE 400 NW.2 AVE MIAMI, FL.33128 05-£03-6352 - 786-821.9282 riginal Message— im: Tuesday, Januany2, 2018 10:80 PM aides, Maxirliane <> On Behalf Of scan To: From: ‘oni, Jvier (Capt) Sent: Monday, December? 2012237 PM To: Sadler, evevieve ly Surcharge Regomts a7e due May Stn Captain Javier Ortiz Deputy Section Commander Specialized Operations Section (305)603-3500 Javier. Ortiz@miami-police.on From: Valdas, Maximiliana «270816m Sent: Sunday, May 5, 2039 7:25 PM Ta: Orta, Javier (Capt) Subjects Frd: REMINDER : Apel Monthly Su> pecortsare Guz May Sth Sgt Mac Vales ‘Miami Police Depactment « Homicide Unit 785-521-9888 / 603-6359 Segln forverded message: From: "Sadler, Jenevieve" Date: May 5, 2039-2: £:57.22 PM EDT To: “Valdes, Maxirl misc Subject: Fard: REWINDER : April Monthly Surcharge Rezorts are dus MaySth JDER : Agri MonthW Surcharge Reports are due May St Try the link bitew//modweb/oradéPoligestraDuty system. a From: Mesa, Adrian Sent: Sunday, May §, 2018 12:41:50 PN Yo: Sadler, Janeviave Subject: Re: REMINDER : Apal Monthly Sure Holle, I been trying t2 g9i.0n and the pregramis down. Can you check it out oid Sent: Sunday, May 5,201 ‘Tae Chin-Quee, Conrad (Lt), Cartagen , Adi; Palacios, Emilio; Vasquel, Gerber, V1 Luis; Gomez, Edwin; Small, Orla; Tamaron, Orel (Ux.); Valdes, Maximiiano; Faliat, Kenia; Vaien! David: Fentela, Carlos; Willams,Shelden; Red:guez Jr, Eddy; Rocha, Jose; Carpenter, John (t); Ava, Eddie; Luge, Edward (Sgt); Diaz, Randy: Valdes, Alen: Parente, Angel; Sohnenblust, Lester; Gu ‘Garcia, Justin; Lazcaro, Jorge; Wiliams. Kevin; Pierre, Amos} Blanco, orgs; Perez, Alberto; Abboud, Edward; Patz, Badia; Siock, Renee (3gc); Mccrnk, Josephs Gsnero, Davies Mesa, Acrizn; Morena, ten; Harris, Maze; Hieks, Raequel; Lewis, Weslyne, Castro, Erroll, Cocker, Danial, Hils, Monica; Rengtto, amesas; Johnson, Steven L: Vilarreal Francisco; Reyes, Thomas; John, Jonathac:; Garaaiez, Guilarme; Rosemond, Constant Serra, Ubaldo; Daniae, Primrose; ules, Robert; Paraz, Gilberto; Ruggiero, Kevia aftel; Caceres, Maviano; Rivers, Edgar; Markowit, / Pater, Anthony; Valencia, Ricardo; ‘avs; Manegarto, Maro; Ferguson, Jason; Lores, Roberto; Perez, Wilfred; Mereade, Miguel; ian; Selinger, T/Andre; Tunas, Saljabis Lopes, Marvin, BryantBrogd, Cherie; Bess, ‘Christopres Washington, Raymon; Stuckey-4oris, Melissa; Rodrigues, forge (Lz; Velez. Juan: Lal, Mathania; Lawson, kawanda; Bravo, Marvin; Mlish, Orvile Sts Willams, ARAT® (t Subjects Ra: REMINDER: Apel Monthly Surcharge Reports are cue Magy Sth Gaod afiernoon, If you guys have tried deing your surcharge reports this weekend, you would've noticed an ecrar message on the extra duty track Please try the belawelink [mptues/orcd/FolcedxtraDuty/ocstem a Thanks Ifyoutve alrendy submitted your renors, please disregard ee From: Sadler, Jeneviewe <23082°@miami-police.arg> Sent: wednesday, May 2, 2019 15:17 To: Chin-Quee, Conrad (it); Cartagena, Ja¥h mili; Vasquez, Gerber; Vargas, luis; Gomes, Ee ‘on, Oriel (Ut); Valdes, Maximiliano; Fallat, Kenia; Valentin, David; Fontela, Carlos: Wiliams. Sheldon; Roceiguez.. Eddy; Racha, Jose; Carpenter, John (Lt: va, Randi; Valdas, Alex; Parente, Angel, Gohoenlust, Lester; Guell, Joseph; 2 Eddie; Lugo, Edward (Sat Garcia, Justin; Lazcaro, Jorge; Wiliams, Kevin; Pierre, Aras; Blanco, Jorge; Pece2, Alb Edward; Paz, Cadi; Slock, Ranee {Sgt}; Mccink, Joseph; Cisnaro, David; Masa, Adrian; Morano, tan; Hartis, Mare; Hicks, Racquel: Lewis, Westyna; Castrillo, Errell; Cracker, Daniel; Hills, Monica; Rana, Rameses; Johnson, Steven L; Villareal, Franciseo; Reyes, Thomas; Joba, Jonatha, Gon’ Rosemond, Constant: Serre, Ubaido; Oanler, Primrose; Jules, Robert; Pacer, Gilbert: Muina, Rafae's Caceres, Mariano; Rivera, Edgar; Markow'ts, Andrew, Peres, Anthe Lindsey, Travis; Maregazza, Mario; Ferguson, lason; Lores, Roberta; Petaz, Wilied N Ramirez, Cristian; Bellinger, T'Andra; Tuer, Kaljahi; Lopez, Marvin; Byant-Brogd, Cherie; Bes, “Christopher, Washington, Raymon; Stuckey-Mocris, Melissa; Rodrigues, Jorge (Ut): Veler, Juan; Lai Nathania; Laweon, Lawana; Bravo, Marvin; Melish, Grvfle Sgt; Wiliams, Altar (Lt) ‘Subject: REMINDER : Apel! Monthly Surcharge Reports are due May Sth REMINDER :April Monthly Surcharge Reports are due May 5%. Piensa ENAlL@ copy t> LIDLA.0053@miamboglce rx and Sgt. Sadler 210838 miumbcalice orga hard ‘capyis not neeced, Ema, rior the Spatial Ever "it lsat necessary to send ta anyone else In the Special Everts U imporantthat the rapes are turned in on time, in order to bill the venue wth a timely manner Thank you Sadler, Jene eee ear ‘Oni, srier (Cage) Sante Manday, December 2, 2078 235 PM Te: Subject: Captain Javier Ortiz Deputy Section Commander ns Section Specialized Operati (305)603-3500 Sent: Thursday, September 12, 2018 3:55 FM i ‘Da net cick Woks or open attachments uniess yau recogrizethe | id Ana the content i safe. CAUTION: This & an ernail fam an external sour send Je (Ut) eff Locke, Ret. Miami PD Operations Manager Public Safety Department Department of Public Safety University of tllar| Health System and Mller School ef Medicine 1051 Nw 24 Street, #145 Miami, Fl. 33136 ‘OMice: (305) 243.6832 25] 251.2695 Email: athlocke @miami.edy GO CANES! Sagin forwarded message: From: "sranda, Jennifer" <]gonsalert#® med miamledu> Date: September 12, 202987 3:51:59 PM EDT To: "Locke, Jeff” Septamber 12, 2019.8:53 9M TesLacks, Jef 4 Sabject: Updates surcharges Ft Captatn javier Ortir Beauty Saction Commander Specialized Operations Section (205)603-3500 Javier. Ortiz @m ole. arg ¥ police org>; Ort lavier (Cent) ; Miranda, Jennifer ‘Good morning to Al ‘Attached to this emailare the amended surcharge reports for updating, nk you. Sadler, Jenevievi From: Oniz, saver (Capt) ‘Sent: Mandy, De 2019236 PM To: Sadler Jenevieve Subject: Fac Scanned image from MX-h3G4N Captain Javier Ortiz Deputy Section Commander Specialized Operations Section (305)603-3500 Javier. Ortiz@ miam: From: Sadler, Jenevive <41088@miaml-rolice arg Sent: Friday, September 23, 2015 12:48 PM Seivaldes, 24 —-onee revised, ‘we will need to set un a meeting with budge te create the invaice for the remaining balacce, ‘The offices schedule needs to raflect the surch reparts Please be sure to go through the paper wark and advise accordingly - thanks 12,2019 11:48 9M fang «270818: ge Sram Sadler, lenevies «11089 Sniami <0059@riami-polize.cra> Ce: Locke, Jef¥ clef Locke@med mia: 1368> Subject: Ra: Scanned image from MX-M3E olica.crg>: Agutrra, Uda 9» Mirands, lencifer <| gonzaiazd¢ @med mfarnhedy>; Gomez, Giben3 (Lt) Mr Locke: Ptoace have UM send the east twelve man tand ensure that ‘went tedoa spot check and noticed that there wasa discrepancy and direetad Sat [just want ta make sure i's correct. \ apologize for this even hap, Waldes to correct thom imma (On the MPD sice, please oltew upon this Lt Gomer) 5% Sadler, please get with Set Valdes so he can update update the schedule on cur side far the manths that are Incorrect (snowing employees that no longer work for the fabs etre longer with N20}, Coptain lavier Orviz Deputy Section Commander ‘Specialized Operstions Section (308)603-3500 davier Orting miami ond lees MiNi 270 Bure Sent: Thursday, Se: TOSI PM To: Sadler, Jenevieve Ge: Locks, Jeff ; Miranda, Je On > Subject: FW: Scenned image from MX-MBESN, Good morning tall: attached ta this email are the amended surcharge reports Soc upaating ‘Thank you s-Original Messeze—- From: gan@miambsclce ora On Beha of scone Sent: Thursday, Seatember 12,2015 6:51 PM To: Valdes, Maximilian Subject: Scanned image from 1 Reply to: scan Simlar-oofce.orr Device Ma: Location: S035 PAINTEROSO Device Made! MX.W364N Fila Format: POF (M: Resolution: 200dpi x 2004; ‘Atached fleis scanned image Use Asrobatia)Reader{a) or ageba{hleader(A) of Adobe Systems incorporated to view the decumant ‘Adabe[R)Reaee7(2) caz be downloaded from the fotlowlng URL: Adobe, the Adobe logo, Acroba:. the Adobe PDF logo, and Reader ara resi Systems incorsoratad in tra United Statesand otrer countries bieitAvenagebecom/ dantars or tradamarksof Adobe Nestor Garcia, CIP 19-093 CIP#: 19-0931A#: unknown Case: Nestor Garcia Involved Officer(s): Javier Oriz, 6418 Allegation(s): Miscondust DOI: June 26, 2019 Procedural History On 06/26/2019 the GIP received an email complaint from Mr. Garcia against Captain Orliz alleging multiple acts of misconduct Pursuant to Sec, 11,8-31 of the Civillan Investigative Panel (CIP) Ordinanea #12188, ‘the Complaint was forwarded to MPD on 07/01/2019. ‘Complaint #1: Mr, Garcia alleged Captain Ortiz manipulated the system to benefit himself by self-imposing a % raisas for SWAT, Marine Patrol, Bomb Squad, K-9, and Motors, Captain Ortiz has been given certifications without fully completing required classes, and trainers that are assigned to him have had to give him these certifications out of {ear of losing their positions. Captain Orliz abuses his powers, then reaps the benefits of the pay percentage increments without having to do the actual job or take the risks that come with it, These pay incentives increase Captain Ortz's yearly salary and go toward his calculated Itelang pension payments. Investigation: ‘The following training certificates for Javier Orliz were provided by MPD: ‘+ Breath Test Operator and SFST Refresher (09/17/2004) Hobbie (08/29/2004) ASP Tactical Baton (09/29/2004) Terrorism Awareness (12/7/2004) Alcohol Testing Program (10/07/2004) Taser (10/18/2005) Supersors 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 Apreement Between City of Miami, Miami, Florida And Fratemal Order of Police, Walter E. Headiey, Jr., Miami Lodge No. 20, October 1, 2018 throug! ‘September 30, 2021 was obtained and reviewed. “The bargaining unit consists of sworn employees (hereafter refered to as “bargaining unit member(s)’) holding position in the classifications shawn below which may hereafter be added ta, reduced or changed as hereinafter provided, and excludes all other employees not specifically shown below in Section 1.4. Changes in the bargalning unit shall only be made upon proper application to end acjudication by the appropriate state agency andlor the ‘appropriate caurt of competent jurisdiction; or as may be mutually agreed upon by the parties” 1.4 Bargaining Unit Classifications: ‘Class Code Number Claes Title 5005 Officer 5006 Motor Officer $011 5012 5013 Captain 501d Motor Sergeant S015 Motor Lieutenant 5080 Detention Officers Under Article 18, Wapes, 18,7, ‘Effective the first full pay period following October 1, 2018, bargaining unit members while active in the below listed assignments, shall received a five percent (5%) pay supplemental (io be prorated and paid on a bi-weekly basis) on their base rate of pay.” ‘A, Neighborhood Resource Officer B. Mounted UnitMotorsiK-8 C, Complaints Sergeant D. “Senior Uniform Patrol" and ‘Senior Uniform Patrol Sergeants" E, "Police Officers (Investigators) and Sergeants (Investigators) assigned to the Office of the Chief, Investigations Division, Recruitment and Selaction Unit, and Traffic Homicide who pradominataly perform the duties of the investigating cases as determined by the Chief of Police will recelve the annualized pay suppiement Cartiied Underwater Recovery Specialist Diver assigned to the Marine Patrol Unit 6. Bargaining unit members and supervisors active or managing the Bomb Squad H. Bargaining unit members and supervisors active or managing the SWAT ‘The contract was agreed upon on November 30, 2018 by and between the respective parties through an authorzed representative af the FOP, Edward Lugo, and the Manager. Notification letters were emailed to the Principal and Witness Officers. Captaln Ortiz responded, “Please advise when this is going to ¢ hearing and | may attend to give @ public: statement” Departmental Orders Considered: D0 15, Chapter 1, TRAINING: 1.4.24 Training Records: TPDS shall maintain records and documentation of each MPD employee's training history, to include all records associated with training classes and certifications for federal, State, and local requirements, mandatory training, and incentive pay. The TPDS will maintain records for each employee, including cate, typs of training, certificate received, attendance, and test scores (if epalicable). 1.4.25 Outside Tralning Course Attendance: It shall be the resgonsibllty of the officer attending an outside course, to submit to the TRDS the following documentation to ensure official recognition/credit: a) Date of training; b) type of training: c} cetificate recelved; ‘Staff Recommendation: CIP Staff finds the Agreement Between City of Miami, Miami, Florida And Fratemal Ordar of Police, Walter E. Hoadley, Jr., Miami Lodge No. 20, was properly negotiated and voted on by the authorized representative of the FOP, Edward Lugo, on behall of the bargaining unit member(s), and the City Manager, and recommend the allegation of Misconduct for this allegation be closed as Nol Sustained, Complaint Committee Recommendation: insert Recommendation Here> Complaint #2: Itis alleged that Captain Ortiz abused his powers and allowed a nan-city employee, retited MPD Police Lieutenant, Rafael Borrota, to fly the City’s 3 million dolar helicopter, This benefited retirad Lieutenant Borroto by allowing him to accumulate flight hours, which is extremely expensive to get in the private sector, Captain Ortiz Is ratired Lieutenant Borroto's close friend, and he is the head of the section. Investigation: ‘A notification lelter was emailed to the Principal Officer and Mr. Borroto, Captain Ortiz fasponded, ‘Please advise when this is going to a hearing and | may attend to give a public statement.” Mr. Borrote who responded requesting to know the nature of the complaint becausa he did not recall ever being involved or around any Incident involving Mr. Garcia. Staff responded advising hint of the portion related to him, and there has been no further correspondence. According to MPD Records, Lieutenant Rafael Borrote 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, MPD does NOT keep a recerd of passengers who ride In the helicopter, only of the PIC (plot in command). Aviation records were received and do not show that retired Lieutenant Borrote has any entrles in the flight logs since 01/02/2019 (one day before he retired). Standard Operating Procedures Considared: Aviation Detail, SOP 1, Pre-Flight Inspections and Post Flight Procedures: 1. Preflight 4. Priorto all fights, the Pliot-in-Command is responsible for ensuring that the fellowing tasks are completed: il, The aircraft status board and appropriate logbooks have been reviewed. 2. Logbeoks ‘a. Each dapartmental aircraft will have @ flight lag assigned to it, and the tog will be updated after each fight b. The aircrafi maintenance logbook Is the final authority regarding the flight status of an alrcratt, Staff Recommendation: The Intemal Affairs investigation remains open, Staff recommends pursuant to the CIP Ordinance, section 1 1.5-34(3)(d), that the Panel extend the timeframe for the investigation to be comptoted and presented to the CIP for its final consideration by 60 days after receipt of the intemal affairs’ investigative fle, foe Recommendation: Complaint Com: Complaint #3: ‘Captain Ortiz is not following MPD Department Orders with regard to tha number of hours and off duty jobs he works, to include this year's Miami International Boat Shaw and Ultra Music Festival where off duty marine patral 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 Gffloer. Caplain Ortiz responded, “Plgase advise when this Is gaing 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 recelved and reviewed from 01/02/2017 ta 08/18/2019, Violations were identified (see attachment): Departmental Orders Considered: DO 12, Chapter 1, SPECIAL EVENTS UNIT: 1.4.8 Surcharas: A City of Miami Administrative Fea, 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 ara prohibited from warking more than sbiteen (18) hours during aa (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 woek (Sunday through Saturday) shall not exceed (36) hours. Any exceptions must be approved by the Spacial 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 employment. The employee's foremost responsibilty 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, bedy 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 employment be performed during an employee's regular working hours, 1.9.6 Surcharges: Outside employers of police officers whe provide a police service will be requited ta pay an administrative surcharge to the City of Miami, The surcharge rate may be obtained from the Special Events Unit or from the Budget Unit. 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 a monthly surcharge report for the precading month and submitit to the Spacial Events Unit by the fifth of the month. The final monthly surcharge regort will represent an accurate account of the man hours worked for the Job as recorded on Extra Duty Trak. DO 1, Chapter 2, DEPARTMENTAL MISSION: 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 will build parinerships and coalitions with the business, corporate, and residential communities to identify and recommend solutions to problems with the goal of improving the quality of life in our neighborhoods. We will employ time-tested police methods and promising innovative approaches to bettsr protect our communities, We value the cultural unity and differences of our communities, recognizing that there is strength in both, Our commitment is to provide professional service to our citizens, residents, and visitors, 2.4.3 CORE VALUES: In cur individual conduct and in our personal relationships, we value! (CALEA 12.2.1a) a, Integrty and ethical behavior at all times b. Respect for the rules of law and the dgnity of all human beings ¢, Acceptance of full responsibilty and accountability for our actions 4, Empathy and compassion for others @, Direct communications that permits and encourages healthy disagreement f, Resolving differences in a mutually supportive and poshive way DO 2, Chapter 3, CODE OF ETHICS: 3.1 POLIGY: The proper operation of a democratic govemment requires that actions of public employees be impartial, that government decisions and policies be made in the proper channels of the govemmmental 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 ta establish ethical guidelines of conduct for all employees of the Miami Police Departmant. This code sets forth those acts or actions that are in the best interest of the City of Miemi and its ctizens. itis the poligy of the Miami Police Department that all employees shall take and subscribe to an oath 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, 3.8 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 confemed by Statute. The fundamental cuties of a police officer include serving the community, safeguarding lives and property, protecting the Innecent, 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 or bribery, nor wil they condone such acts by employees. The public demands thatthe 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 gifis, presents, subscriptions, favors, gratuities or promises that could be interpreted as seaking 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 eared end cultivated. ‘Staff Recommendation: According to the records reviewed by Staff, Captain Oniz has net only repeatedly violated policy but has also violated the core values of the Miami Police Department, therefore we recommend this allegation of Misconduct be Sustained. Complaint Committee Recommendation: Complaint #4: itis alleged that pursuant to the Florida Department of Law Enforcement (FDLE) Report, related to ths police Involved shooting of Emesto Padron-Romero on 10/08/2017, Captain Ortiz (then Lieutenant Ortiz) advised in a sworn statement, “that while working an off-duty Job at the University of Mlaml Medical Camaus, he heard aver the ‘police radio a pursulton NW S3rd Street by Miami Dade Police and he advised the dispatcher to send units in order to support MOPD. Lt Ortiz heard the pursult had gone from S3rd Streot and was heading eastbound on NW 20th Street and 17th Ave. LE Ortiz abandon his past and engaged in an off duty vehicle pursuit in an unmarked ity vehicle. Lt Ortiz by abandoning his posted neglected his dutios 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” According to Police Shooting Closeout Memo, authored by Joshua Weintraub and Luis Perez-Medina, Assistant iomney’s with the State Attomey, Eleventh Judicial Circut, Special Agents end Task Force Officers of the Federal Bureau of Investigations (FB!) and one Miami Dade Police Department (MDPO) officer arrived a! 6:50 a.m. at a residence to serve a search and arrest warrant for Emesto Padron- Romero. During the warrants execution, Mr. Padron-Romero crawled through a window and was observed running from the area. Mr. Padron-Romero carjacked a victim to fies the area, and later carjacked a second victim at gunpoint to continue his escape. Mr. Padron-Romero drove the sacond stolen vehicle at 2832 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 agencias responded. At 8:18 a.m. body wom camera footage captured by a MOPD 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 nogotiator advised Mr. Padron-Romero several times to put the gun down and that they werenot going to leave, Mr, Padron- Romero went down somewhat In the water, and when he came up, he pointed the firearm directly at a second hostage negotiator, who took cover. As this happened several shots were fired striking Mr, Padron-Romaraiin the heed. The FDLE 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 ware involved In the shooting also deciined to provide a statement.” ‘The FDLE Investigative Summary, Use of Force Investigation, shows that at 9:27 a.m., MDPD requested FOLE respond to the incident location to investigate a use of deadly force by MOPD 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 frst vehicla at 7:02 a.m, MOPD Reports document that the armed carjacking's occurred at approximately 7:00 aum, and 7:54 a.m, Captain Ortiz’s sworn, voluntary, recorded statement to FDLE Special Agent Miles Sonn begins similar to what is alleged by the Complainant. Captain Ortiz heard over the police radio there was a carjacking subjact being pursued by MOPD, and he advised dispatch to send units in order to assist. When Captain Ortiz heard the subject, Mr. Padron-Romera, was heading eastbound on NW 20 Straet through the City of Miami, ‘that was when he intercepted the vehicle in the area of 17 Avenue and NW 20 Street.” Captain Grtiz 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. Padron- Romero balled out of the vehicle Captain Ortiz “observed something shinny in his hand cand thought It was a firearm.” As Mr, Padron-Romero ran tawards the water, Captain ‘Orsz set up a perimeter. Documents provided by the University of Miami show Captain Ortiz was working, and signed in and aut, 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 vehicls pursuit, parimater, 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. Itis 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 er was compensated for FOP/Union time. There is also no indication on this calendar that Captain Ortiz was pald by the City of Miami en this date. However, Statf 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 perlod, 10/0 1/2017 — 10/14/2017, in addition to tha 80 hours he worked (union time), he was also compensated for 121 hours of Disaster ‘OT Hours ($3,837.44), Departmental Orders Considered: Staff Recommendation: Tho Internal Affairs investigation remains open, Staff recommends pursuant to the CIP Ordinance, section 11.5-31(3)(d), that the Panel extend the timeframe for the Investigation to be completed and presented ta the CIP for its final consideration by 60 days aftar recelpt of the intemal affairs’ investigative fil. ‘Complaint Committee Recommendation: Complaint #8: Captain Ortiz continues to violate social media policy by posting on Twitter offensive photoshop images and memes of Commissioner Joa Carollo, and on Facebook photographs of police activity, including a photograph of a subject in handouts sitting on a roadway curb, Investigation: A notification letter was emailed to the Principal Officer. Captain Ortiz responded, *Piease advise when this Is going to a hearing and | may attend to give a public statement.” ‘A review of the post provided from Facebook shows a single posting from the account Javi Ortiz from 06/03/2014, ‘Outstanding work regarding today’s police pursuit taking two robbers off the streets of Miami”, with three (3) photographs showing officers in unifarm, marked MPO police cars, a Honda covered in fencing, and a subject handcuffed and sitting on the curb. The posts provided are from the Twitter account Javier Ortiz, FOP, and are primarily between the dates of 08/12/2019 ~ 08/02/2018. The majority of the posts appear to relate to Captain Orti’s ongoing public issues with Commissioner Joe Carolla, Among other things, Captain posted memes, requested information ike videos of the ‘Commissioner degrading residents/city employees and the last four numbers of his social securty number, advised Commissioner Carollo is endangering public safety to retaliate against the Ball & Chain, and wrote, ‘@JoeCarolloNow is a legand in his awn ming’.| think there is a medical diagnosis for people thai pretend they re somathing thay aren't.” There was a single post directed to Danny Suarez. "Says @Suarezmlami, who isn't a cop. Our experiance playing Fortnite video games doesnit make you an expert on police matters. You know nothing. Are you running for commissioner, Sherri 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: (javifop20), and Twitter, showing officers in uniform, showing himselt in uniform with Mayor Frances Suarez, and Hurricane Dorian relief efforts. Departmental Orders Considered: ‘DO 1, Chapter 11, Rules and Reaulations: Commanding er to Set Example for S: jinates: To assure success In the performance of the basic duties of members and civilian employee, itis imperative that the commanding officer set examples for subordinates in energy, morality, sobriaty, courtesy, courage, skill, é'scipline, and professionalism 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 always be quiet, eivi, orderly, and courteous. Even in the face of great provocation, thay shall be diplomatic in the pertarmance of their duties; and they shall serve the City in tha discharge of their duties by contolling their tempers and exercising the utmost patience and discretion. When required, they ‘Tiust act with firmness and with sufficient energy to properly perform thelr duties. They shall, at all times, refrain from using coarse, violent, profane, or insolent language. An attitude of efficiousness gains nothing, excest the ill wil of those with whom the officer comes in contact with, 11.6.17,7 Gonduct unbecoming a police officer that shall include any act or conduct hot specifically mentioned in these Rules and Regulations that tends to bring the Department into disrepute or refiects discredit upon the individual member as a police officer. ivitiar form: 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, Gode of Ethics: 3.4.7 Private Life: Police employees will behave In @ manner that doas nat bring discredit to their agancies or thamselves. 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 i ing: 4.1 Policy: Public employees occupy a trusted positon in the community, and thus their slatements have the potential to contravene the polices and performance of the Department. Dus to the nature of the work it is necessary that employees af the Department be subject to certain reasonable limitations on their speech and exprossion, The city of Miami Police Department recognizes that social media provides a valuable means by which may engage in the exchange of information as wall as to interact with others. The purpose of this policy is to outline exceptions of all Department employees with respect fo their personal use of social media, blogging and social networking sites. Employees should consider that biased-based o- derogatory posting may have adverse consequences such as being used as exculpatory evidence in the impeachment of witness testimony in court proceeding, and public as wall as provide embarrassment. 4.2 Organization: This policy shall apply to all Miaml Police Department employess. Employees should be aware thet postings on madia or social networking sites are not private; nor all form of speech posted protected by the First Amendment and may tarnish both the employee's and the Depariment’s reputation and diminish the public's trust and confidence, 4.4 Responsibiity: It shall be the responsibilty of all department employees to become familiar with and abide by this order. Any online action taken that datracts from. the mission of the Department, or reflects negatively on the Department or individual employee shail 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 nat for dissemination, unless authorized by the Chief of Police of applicable law. Employaes are free to express themselves as privale citizens on sacial media sites to the dagrae that their speech dogs nol impair working relationships of this Department for which loyalty and confidantiallty are important, impeded the performance of duties, impair discipline and harmony emong coworkers, or negatively affect the public perception of the Department, 4.5.6 Employees are prohibited from posting any speech containing unlawful, ‘derogatory, harassing, torturous, threatening, or sexually explicit language, images, or acts 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 considerad reckless or imasponsibie, 4.5.7 Emplayees 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. Employees will be held responsible for the content that appears on their ‘maintained social media or social networking sites and will be obligated to remove any posting or materlal contributed by others that identifies the individual as an employee of the Department. ‘Staff Recommendation: ‘Staff finds that Lieutanant Ortiz’s social media pages contained derogatory language and images about Commissioner Carollo and Mr. Suarez that may be percelved to Fidicule, malign, cisparage or reflect behavior that would reasonably be considered careless or irresponsible, and recommend this allegation of Misconduct bs Sustained. Complaint Committee Recommendation: Insert Recommendation Here> Complaint #8: It is alleged tha! Gaptain Ortiz and an unnamed off duty Lioutenant transferred an unknown employee because they were reporting miseandust within the unit, Mr, Garcia alleges the transfer was an act of “racism and retaliation” and refars to the blog LEO Affairs, Snake in Special Events, dated 08/18/2019. Investigation: The blog Snake in Soecial Events was reviewed. The peopls involved in this blog are ail unregistered and therefore unidentifiable. The initial Post alleged that Officer Marc 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 notnamed in this biog, but it was nated by unregistered users that Lieutenant Gomez and Sergeant Sadier were running the Special Events Unit. ‘Notification letters ware emailed to the Principal and Witness Officers. Captaln Ortiz: responded, “Please advise when this is going to ahearing and I may atiend to give a public statement.” Departmental Orders Considered: DO 12, Ghapter 1, SPECIAL EVENTS UNIT: 1.2 ORGANIZATION: The Special Events Uni ‘Operations Section under the Fleld Operations Division, The Special Events Unit Commander can replace or suspend a job ‘coordinater or any employee werking the job based on performance or a conflict involving the ecordinator, employee, and or the employer. All disputes involving employees and Job coordinators on permanent extra duty jobs wil be resolved by the Special Events Unit Commander. a function of the Specialized Staff Recommendation: The blog Snake in Special Events does not mention acts of ‘racism and retaliation", and the DO siales that the Special Events Unit Commander can raplace-or suspand a job coordinator basad on performance or conflict. Without more information Stat? recommends the allegation of Misconduct in this case ba closed as Not Sustained Complaint Committee Recommendation: Complaint #7: Italleged that itis unreasonable for Captain Ortiz to ba promated in the time frame he has been, when he has received the amount of complaints he has over the years, and has been namad in the of @ number of lawsuils he has been named in. Itis also unreasonable that Captain Orliz has been able to choose the ‘creme de la crema” assignments he has had without consideration of the number of complaints and lawsuils 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 attand to give a public statement” MPD Records advised Captain Ortiz was hired on 03/22/2007, promoted to Sergeanton 08/31/2007, promoted to Lieutenant on 03/31/2015, and premoled to Captain on 4018/2017. Captain Ortiz's disciplinary actions, to include letters of counseling and written reprimands were reviewed: 11/18/2016: Reprimand received for violation of D0’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; Gods of Ethics involving Private Life; and Social Media/Social Networking. 08/21/2014: Reprimand received for violation of DO's related to Court Procedures, Attendance, second occurrence, 04/22/2014: Tickler was generated for fallure to attend criminal court on 04/03/2014. (02/26/2014: Formal Counseling recelved for Failure to Atend Court as required, first occurrence, 11/17/2008; Record of Formal Counseling received for Failure to Attend Court as required. 10/28/2008; Record of Formal Counseling received for violation of DO's related to Rules and Requiations, Vehicle Operation. 08/27/2008: Tickler was generated for fallure to attend criminal equrt on 07/03/2008. Departmental Orders Considered; DO 6, Chapter 8, SWORN PERSONNEL PROMOTIONS: 8.1 BOLICY: The promotional policy of the Miami Police Department (MPD) Is based on the considerations of ability, equity and intagrty. To achleve these objectives and faciltate.a complete assessmentf each candidate, the Department gathers information on each candidate considered for promation. The information gathered relates to the candidates’ prior job performance, intemal Affairs record, commen dationsiteprimands, community invalyemont aativites, education and training, etc. Additionally, the Department complies with all legal directives such as the Civil Service Rules, the City Chartar and other applicable local, state and federal laws, (CALEA 34.1.1; 24.1.3 a) 8.4 PROCEDURES: Swom promotional vacancies ara filled by appointment from the appropriate eligible register. The first step In the promotional procass is the completion and fling of an employment application form (HRIAL 023 Rev. 08/09), 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; 34.1.8) ‘The Human Resources Department is responsible for condueting 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 candidatas 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 cerificatisn 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 fram which selection may ba based. In the case of competitive registers, tha certification list is.a subset of the eligible resister. Tha generation of certification lists trom compettive registers Is based on the following procedure: “The Director of the Human Resources Departmant shall certify from the ‘appropriate register for each vacaney the names of the five persons who stand highest 'ereon Intemal Affairs profiles are gathered and considered in the prometicnal process. ‘The objective Is to obtain a comprehensive composite to determine the capacity of candidate to discharge the duties of the classification to which appointme 8.4.2 Comparative Items: All promotions will be based on abilty, equity, and integrity, (CALEA 34.1.4) 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 era: Performance F: icludes performance evaluations, commendations, reprimands, accident record, court attendance record, and raview of the personnel fla, Physical Capability: Includes an evaluation of the physical and mental abllities needed fo perform the respansibiities of the position Personal integrity: Incudesa review of Intemal Affairs records to Getermine pattems of misconduct, dishonesty, criminal involvement, or administrative violations, Equity: All candidates, regardless of race, ethnicity, color, age, religion, ‘marital status, nationality or sex, wil have an equal opportunity to be considared for promotion, Intearity: Selections will be made solely on the basis of ability and equity, without personal or other favorit'sm, and without the application of personal preference: relating to employee life-sty'es or behavior pattems thal do not affect job perfarmance. Staff Recommendation: ‘Captain Ortiz Intema! Affairs profile shows a high amount of citizen complaints: however, his personnel fle 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 Orders, promotions are based on ability, equity, and integrity. With this said, Sta*¥is unable to prove or disprove the allegation of Misconduct in this complaint and recommend It 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 file complaint was rece'ved 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 Mat with A/ED Jacobs to outtine the complaint and course of action. 07/02/2019 IA 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 ether 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, 07/10/2019 Mr. Garcia responded to the CIP office and provided a taped statement 07/11/2018 Documents wore requested 07/11/2019 Police communications were requested, O7/16/2018 Received an email from Mr. Garcia requesting to know how Captain Ortiz found out about his complaint so quickly, Staff advised Mr. Garcia pursuant lo our ‘Ordinance we are required to forward all complaints received to MFD far investigation, and that in most cases the Principal Officer is notified. 07/19/2019 MPD Communications advised, “There is no such thing as a Communications Log. There are P sheets and there ara CAD reports that can both be obtained via our Records Deparment. As far as the audio - please verify the MPD case number. itis missing 2 numbers.” 07/23/2019 An email was sent to Mr. Goldberg inquiring abaut the records request We made on 07/02/2013, 07/29/2019 An email was sent to MPD Communications attempting ta clarify what we ‘are loaking for since we do not have the correct case number, 07/30/2019 A response about our request to UM Hospital was received. 98/08/2019 An email was sant to IC Quick with the correspondences between Staff and UM Hospital, OB'05/2019 Items 2 and 3 from our request dated 07/11/2019 were provided. 08/06/2019 Pursuant to our request from 07/02/2019 MPD Records advised, “due to sensitive material, the Special Events can not provide the Operational Pian for Uta Music 2019. This request does not apply to the Business Management Section.” ‘98/06/2019 An email was sent to MPD Records advising, "this does NOT complete our request for documents. We are still requesting the training certificates, flight Facords, and Miami Intemational Boat Show dooumients (as described in our request, attached)." 08/08/2019 Records provided pursuant to our request on 07/02/2018. 08/08/2019 + Communication records were received. 08/08/2018 MPD Records forwarded payroll records with a note stating, "Please be advised that sis a partial release, Once the remalning document is received it will be forwarded to you." 08/12/2079 MPD advised on 10/06/2017 Captain Orliz was assigned thrae vehicles: 2016 Ford Interceptor SUV, 2013 Ford Interceptor Sedan, and 2000 Ford Excursion. 08/20/2018 The Panel met and approved the subpoena process in order to obtain Captain Ortiz payroll records from the University of Miami Medical Center. 08/29/2019 IC Quick forwarded a Determination Letter advising that our investigation would nol be interfering with @ 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 arder, and he will schadule a hearing for tha next convenient available date. 09/05/2018 An Order Granting Petition for Extra Temitorial Enforcement of Subpoena was signed by Judge David C. Miller on 09/05/2019 at 1508 hours, 09'05'2019 Received an email from Mr. Garcia stating, “This is the public Records Request | obtain from the City. Itdoesn't show Ortiz working on Oct 6, 2017 for UM school of medicine." Attached were off duty documents that were added fo the file, 09/06/2019 Received an emailfrom Mr, Garcia. 09/09/2019 request was made to MPD Records, 08/09/2018 A copy of the court documents file by IC Quick were recelved and added to the file 99/09/2019 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 satisty your request ling item two (2) highlighted belaw. Line items one (1) and three (3) 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 fight records that Staff requested en 07/02/2019 and have net received 09/12/2019 An email was recelved form MED Records, 99/12/2019 Staff advised Records the flight records have nol been received. 09/13/2018 Telephone contact was made with Majar Gonzalez, 09/13/2018 A request was made fo Major Gonzalez for the fight records between 01/03/2019 and 07/01/2018. 091812018 An additional complaint was received via US Mail from “Ananymous" who has been positively idontified as Mr. Garcia by Staff, The allegation in this letter Is about continued violation of policy issues its batiaves Captain Orlz is having with his Soclal media accounts. Because of the similarty of this complaint to @ portion of this case, this complaint letter, phates provided, and photos from an includad disc, were added to this fila (discussed and approved by ED Beamud). 09/26/2018 IC Quick forwarded an email to Staff from Farika Formosa at UM Hospital advised the dectaration 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 ba able to comply with the subpoena by 10/04/2019. 1010112018 Aviation records were raceived. 10103'2019 Captain Ortiz off cuty details were received, 10/03/2019 An email was sent to MPD Records advising numbers 1 and 2 of our request are sill outstanding. 10/03/2018 MPD Records advised to disregard the billing and forwarded our request 10/07/2019 UM Records were received. 1028/2018 Captain Grtlz 2018 payment records from City of Miami were obtained, 10/30/2019 An emall was sant to the FOP inquiring about the §% raises far SWAT. Marine Patrol, Som Squad, K-9, and Motors, Mr. Garcia referred to In his complaint 10/20/2019 A records request was made for the current FOP contract 10/34/2019 Documents ware requested. 11/05'2019 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. 11/05/2012 Notification letter was emailed to retired Lieutenant Borroto. 111052019 Captain Ortiz responded requesting to be ratified whan tha casa would be presentad, 11/08/2019 information related to Captain Ortz'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 if, and we should have it shortly, 14/10/2018 Case submitied for closure with Investigators recommmendatian,