City of Miami Police Department

REPRIMAND

Employee: Javier Ortiz P.I.N. 05418

Classification: Captain Assignment: Fleet/Administration

NARRATIVE:
(If more space is needed, use additional pages)

On March 9th, 2021, Captain Javier Ortiz was transferred to the Property Evidence Management Section
where he was assigned to oversee Fleet. Prior to the transfer Captain Ortiz was given a directive by Deputy
Chief Ronald Papier and Assistant Chief Manuel Morales that his sole responsibility is the day to day
operations at fleet (1390 N.W. 20 St). Captain Ortiz was advised that he will not interpolate himself into
patrol functions, and that he is assigned to the Administrative Division. Captain Ortiz agreed to the directives
and assured both Chiefs that he will only concern himself with the day to day operations of fleet. I met with
Captain Ortiz briefly on March 9th, to welcome him to the section and go over general expectations. On
Thursday, March 11th, I met with Captain Ortiz at fleet, to go over in detail his expectorations as the Captain
of fleet. One of those expectations that I reiterated is that he is solely responsible for fleet and he should not
involve himself in matters outside his current assignment. Captain Ortiz was not pleased with this directive,
but he agreed to not involve himself in other areas outside fleet. He went on to say that he won’t monitor the
radio to ensure that he doesn’t get involved in anything. Note- fleet personnel do not monitor the working
I
channels during their day to day operations at fleet.
Page 1 of 4

Distribution: SIGN P.I.N. DATE

Disciplinary Detail Authored by: Major Keandra Simmons 6515 04/23/21

Employee Sergeant / Supervisor:
Police Personnel File Lieutenant:
Internal Affairs Captain:
Employee Relations (Original) Commander:
Civil Service (if applicable) Major:
Assistant Chief:
Deputy Chief of Police:
Chief of Police:
Employee MUST initial his/her choice for each statement below.

1) I AGREE or I DISAGREE WITH THE FACTS AS STATED.

2) I AGREE or I DISAGREE WITH THE RECOMMENDED PENALTY.

DDRB HEARING REQUEST (SWORN ONLY)- To request a Departmental Disciplinary Review Board (DDRB) hearing, you
must submit a written request to the Labor Relations Unit Commander within 10 working days from the date this document is received
and signed. Failure to do so will constitute a waiver of this entitlement.

Employee Signature: P.I.N.: DATE:

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Employee: Captain Javier Ortiz 05418

On April 6th, 2021, I provided Captain Ortiz with a two page redline which indicates his task,
assignments, and expectations. In the Notifications section it reads- Incidents that are required to notify
me of via phone include (but are not limited to):

- All incidents involving you or your personnel

On Friday, April 16th, 2021, I was advised by Assistant Chief Cherise Gause to contact Commander Nerly
Papier reference an incident that occurred on in Coral Way involving Captain Ortiz. I contacted
Commander Papier (who’s acting for the South District Major), she advised that she got information from
her personnel that Captain Ortiz was conducting a surveillance by himself on a house in Coral Way, he
eventually placed someone at gun point and requested units on a (3)(15). I was not familiar with the
incident nor was I made aware by Captain Ortiz that he was involved in an incident.

I obtained a copy of the radio transmission for that incident which is case# 2104140023411 as well as
the body worn camera footage associated to the case as well. Below is a brief synopsis of what occurred.

On Wednesday, April 14th, 2021, at 0608 hours, Coral Way Officers Luis Munne and Roberto Lores were
dispatched to S.W. 27TH Ave and Dixie Highway reference two males sleeping inside a vehicle at the
traffic light. Upon the officers arriving they did in fact locate the males sleeping in the vehicle. According
to the officers they knocked on the window and when the vehicles passengers woke up the driver
released the brake and placed the vehicle in motion. The units advised via radio but transpired and the
last known direction of travel for the vehicle.

Field Duty Lieutenant 7301 advised the units via radio to not pursue the vehicle since it’s only traffic. He
also advised the dispatcher to give the tag and vehicle description out to the other channels as a point of
reference. Officer Lores asked the dispatcher to provide him with the address where the vehicle was
registered. The dispatcher provided the address of 1065 S.W. 29TH Ave.

Moments after the address was given Captain Ortiz came on the radio as Miami 62, at which time he
repeats the address to the dispatcher to confirm. He then advised the dispatcher “ Tell the units to stay
out of the area I’m actually sitting on the house right now and the vehicle has not pulled up it’s not here”
He requested to have units hang out on 30 and 8th street just in case the vehicle pulls up. (Note- Captain
Ortiz was driving a black unmarked Ford Explorer).

At 0619 hours Captain Ortiz requested the tag for the vehicle.
At 0645 hours he requested a (3)(15) and he advised “I got him at gun point)
At 0647 hours he advised the subject is not complying
He then advised the dispatcher to change his car number to Miami 37 and both subjects were in custody

Captain Ortiz was scheduled to be at work at 0600 hours in the fleet office on April 14th.I did not
receive notification from him that he would be late, that he needed time off or that he was involved in an
incident. There were no immediate threat or imminent danger to the officers involved or any citizens to
warrant the need for Captain Ortiz to interject himself into the situation. There were no additional calls
received reference this vehicle or traffic concerns involving this vehicle. The Commanding Field Duty
Lieutenant 7301 had given officers an order to not pursue the vehicle. Captain Ortiz was not checked
into service nor was he dispatched to the call.

MPD RF-37 Rev. 05/04/2018

 REPRIMAND (Continuation) Page 3 of 4

Employee: Captain Javier Ortiz

I hereby find Captain Ortiz in violation of the following Departmental Orders:

Obeying and Executing Orders of Superiors: Every member and civilian employee of the Police
Department is required to strictly obey and to promptly and cheerfully execute the orders of superior
officers. They shall properly conduct themselves in the discharge of their duties and in their relations
with the public, members and civilian employees of the Department, and official agencies in order to
bring about the most effective performance of their duties as required by the Police Department.
(CALEA 12.1.3)

11.6.17.2 Disobedience of Standard Operating Procedures, General Orders, Rules and

Regulations, or any other official directive.

11.6.17.8 Insubordination or disrespect toward a superior officer.

11.6.17.9 Neglect or inattention to duty

11.6.17.13 Being absent from duty without permission.

11.6.17.14 Leaving post without permission

11.6.17.16 Not properly patrolling or guarding a post. Officers absent from their designated zones
or areas of responsibility or assignment, without proper supervisory authority, will be in violation of this
rule.

11.6.18.6 Tardiness: Failure of a member or civilian employee to report for duty at the designated time
and place will be cause for disciplinary action, consistent with existing labor contracts. Additionally, it is
the responsibility of the individual to notify his/her office at least 15 minutes prior to his/her assigned
reporting time stating the reason for the delay and the approximate time of arrival.

11.6.1.2 Members and Civilian Employees to Know Rules and Regulations: It shall be the duty of
all members and civilian employees of the Police Department to thoroughly familiarize themselves with
such provisions of the Rules and Regulations that deal specifically and generally with the duties of their
rank, grade, or position. This should occur within ten days from the date of issuance. Within thirty days
of issuance, every member and every civilian employee shall familiarize himself or herself with all the
provisions of the Rules and Regulations. Failure on the part of any member or civilian employee to
acquaint himself/herself with the provisions of the Rules and Regulations, as hereby directed, shall be
considered negligence of duty and subject to disciplinary action.

11.6.17.33 Neglect or refusal to comply with oral or written orders.

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Employee: Captain Javier Ortiz

11.6.32.2 Obedience To: Members and civilian employees of the Department shall obey and promptly
execute any lawful order emanating from any superior officer, including any order relayed from a
superior by an employee of the same or lesser rank. If any order conflicts with a previous order or with
any Departmental Order, the member or civilian employee who receives the order shall respectfully call
attention to the conflict. If the officer giving the last order does not alter or reconcile the conflict, the last
order shall stand; and the responsibility shall be his/hers. The officer obeying the order shall not be
held responsible for disobedience of the previous order.

11.6.32.4 Carrying Out Orders: Members and civilian employees shall be held responsible for the
proper performance of the duties assigned to them and for strict adherence to the Rules and
Regulations adopted from time to time by the Chief of Police. Ignorance of the Rules and Regulations
shall not be accepted as an excuse or justification for anything that they may do contrary to the Rules
and Regulations, for anything they may omit to do, or for following the advice or suggestion of any
person, whether or not that person is connected with the Department, except when a ranking officer
takes the responsibility of issuing direct and positive orders. In no instance shall a member or civilian
employee attempt to shift the burden of responsibility for executing or neglecting to execute a lawful
order or police duty. Disagreeable duties must be performed, and unpopular orders must be obeyed
with cheerful willingness. Grouchiness, sarcasm, wisecracks, or flares of temper shall be avoided.
Members and civilian employees shall, at all times, perform their duties as outlined or ordered by a
superior officer.
(2) a serious breach of proper discipline

Rule 14, Sec. 14.2. Grounds for Dismissal, Suspension and Demotion. The following are declared
are to constitute a breach of duty and to be grounds for dismissal or suspension from the classified
service or grounds for demotion, though charges may be based upon causes other than those
enumerated; viz, that any employee who has been guilty of conduct unbecoming any employee of the
City of Miami, who:

(e) Has violated any lawful and reasonable official regulation or order, or failed to obey any lawful or
reasonable direction made and given by his/her superior, where such violation or failure to obey
amounts to:
(1) an act of insubordination; or

(2) a serious breach of proper discipline

For the violation of Miami Police Departmental Orders, I recommend Captain Javier Ortiz receive a one
hundred and sixty-hour suspension, that he is removed from the fleet section, and that this written
reprimand, and a copy of this reprimand be placed in his personnel file. Furthermore, Captain Javier
Ortiz is forewarned that any further actions, in any ways like this incident, will result in progressive
disciplinary action

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Employee:

MPD RF-37 Rev. 05/04/2018