09-03-2011, 07:48 AM
Just fire this fat man already!
Threatened with termination, Miami police chief seeks whistleblower protection
As rumors swirled about the possible ouster of Miami Police Chief Miguel Exposito, the chief upped the ante with a letter demanding whistleblower protection.
The demand was sent to City Manager Johnny Martinez — the man who sources say may move to fire Exposito as early as Tuesday.
The two-page letter, dated Tuesday, contends the chief has been unfairly targeted by the mayor’s office since Dec. 29, 2010, when Exposito wrote to federal law enforcement claiming Mayor Tomás Regalado interfered with an October police raid targeting controversial video-gaming machines.
“To that end, we have a good faith belief that Chief Exposito was targeted and continues to be targeted as a result of his actions in reporting Mayor Regalado’s actions,” wrote Exposito’s attorney Ruben Chavez, a labor lawyer, who declined further comment Friday.
Exposito did not return calls. But Regalado, who has repeatedly denied interfering with the raid, didn’t waste any time returning a volley.
“I can claim I have been unfairly targeted by him since December,” the mayor said. “I don’t understand why he’s doing this now. He does this when he feels his job is endangered.”
And it may very well be — as soon as 8:30 a.m. Tuesday, when Exposito, 56, has a scheduled meeting with Martinez.
All day Friday, local television, Internet blogs and newspapers posted online stories about Exposito’s anticipated termination, though there was no comment from the only person who can make the decision: City Manager Martinez.
Attempts to reach Martinez, who is on vacation, were unsuccessful Friday. City Attorney Julie Bru declined to comment. Deputy City Manager Luis Cabrera confirmed that Martinez and Exposito are set to meet at the manager’s office Tuesday morning, but Cabrera said he didn’t know what they would discuss.
All Cabrera would offer was that the manager told him, “The fact that I told the chief he’s getting fired is just a bad rumor.”
That doesn’t mean Martinez — who has admitted to being miffed at the chief — won’t move to fire him when they finally do get together. The two had a meeting planned two weeks ago, but it was postponed. Sources at the city have told The Miami Herald the chief is likely to be let go next week.
Exposito was hired in November 2009 with Regalado’s blessing. The 37-year veteran’s contract with the city expires in January 2012, though the chief has already said he won’t go at that time.
Commissioner Marc Sarnoff said Friday that he supports the chief. He said he heard the rumors but is not sure what reason Martinez would use to try to remove Exposito.
“From a timing standpoint, it’s a bad time to bring this up,” said Sarnoff, noting the city is about to commence its two public budget hearings and fill a swollen deficit.
If Martinez were to attempt to fire Exposito, the city charter mandates he first suspend the chief. The chief would then have five days to fight his case to the commission. If a majority of the city’s five-member commission doesn’t vote to override the manager’s decision, the chief is gone.
The manager must also show cause to the commission, which acts as a quasi-judicial panel. Cause, according to the city charter, can be anything from insubordination to intoxication.
The most likely reason for the chief’s dismissal would be that the manager believes the chief was insubordinate. Last month, Martinez refused to give Exposito permission to demote three high-ranking police staffers. Martinez asked for more information before signing off on the move. Exposito nevertheless stripped the officers of their authority by reassigning them to desk jobs.
Martinez admitted to being upset by the chief’s move, and said he had “circumvented’’ his order.
Whistleblower protection is often a precursor to a civil lawsuit filed against municipalities for firings. Exposito prevailed in a whistleblower lawsuit against the city a decade ago, arguing he had been unfairly demoted.
His letter this week also offered this: “I trust the city of Miami and its representatives will avoid taking actions that may be deemed retaliatory in nature.’’
Martinez’s office has been flooded with whistleblower demands this summer: The chief’s notice is the third request for protection under the state statute in three weeks.
On Aug. 11, two of the officers Exposito reassigned, Cmdr. Jose Perez and Assistant Chief Roy Brown, penned whistleblower letters. Perez’s was explosive, claiming the chief and his staff are waging a campaign to have Regalado jailed or removed from office. Perez claimed he was threatened if he didn’t join the team.
Exposito’s job has been in question since a series of police shootings rocked Overtown and Little Haiti beginning in July 2010. By February 2011, Miami police had shot and killed seven black men in seven months.
A commissioner, relatives of the dead men and some clergy demanded the chief resign — as did Regalado, who had been at odds with the chief over the video-gaming machine raid, which netted several arrests.
Regalado has acknowledged asking the city manager at the time why the raid couldn’t be postponed until after an upcoming election, but denies that was an attempt to interfere.
Threatened with termination, Miami police chief seeks whistleblower protection
As rumors swirled about the possible ouster of Miami Police Chief Miguel Exposito, the chief upped the ante with a letter demanding whistleblower protection.
The demand was sent to City Manager Johnny Martinez — the man who sources say may move to fire Exposito as early as Tuesday.
The two-page letter, dated Tuesday, contends the chief has been unfairly targeted by the mayor’s office since Dec. 29, 2010, when Exposito wrote to federal law enforcement claiming Mayor Tomás Regalado interfered with an October police raid targeting controversial video-gaming machines.
“To that end, we have a good faith belief that Chief Exposito was targeted and continues to be targeted as a result of his actions in reporting Mayor Regalado’s actions,” wrote Exposito’s attorney Ruben Chavez, a labor lawyer, who declined further comment Friday.
Exposito did not return calls. But Regalado, who has repeatedly denied interfering with the raid, didn’t waste any time returning a volley.
“I can claim I have been unfairly targeted by him since December,” the mayor said. “I don’t understand why he’s doing this now. He does this when he feels his job is endangered.”
And it may very well be — as soon as 8:30 a.m. Tuesday, when Exposito, 56, has a scheduled meeting with Martinez.
All day Friday, local television, Internet blogs and newspapers posted online stories about Exposito’s anticipated termination, though there was no comment from the only person who can make the decision: City Manager Martinez.
Attempts to reach Martinez, who is on vacation, were unsuccessful Friday. City Attorney Julie Bru declined to comment. Deputy City Manager Luis Cabrera confirmed that Martinez and Exposito are set to meet at the manager’s office Tuesday morning, but Cabrera said he didn’t know what they would discuss.
All Cabrera would offer was that the manager told him, “The fact that I told the chief he’s getting fired is just a bad rumor.”
That doesn’t mean Martinez — who has admitted to being miffed at the chief — won’t move to fire him when they finally do get together. The two had a meeting planned two weeks ago, but it was postponed. Sources at the city have told The Miami Herald the chief is likely to be let go next week.
Exposito was hired in November 2009 with Regalado’s blessing. The 37-year veteran’s contract with the city expires in January 2012, though the chief has already said he won’t go at that time.
Commissioner Marc Sarnoff said Friday that he supports the chief. He said he heard the rumors but is not sure what reason Martinez would use to try to remove Exposito.
“From a timing standpoint, it’s a bad time to bring this up,” said Sarnoff, noting the city is about to commence its two public budget hearings and fill a swollen deficit.
If Martinez were to attempt to fire Exposito, the city charter mandates he first suspend the chief. The chief would then have five days to fight his case to the commission. If a majority of the city’s five-member commission doesn’t vote to override the manager’s decision, the chief is gone.
The manager must also show cause to the commission, which acts as a quasi-judicial panel. Cause, according to the city charter, can be anything from insubordination to intoxication.
The most likely reason for the chief’s dismissal would be that the manager believes the chief was insubordinate. Last month, Martinez refused to give Exposito permission to demote three high-ranking police staffers. Martinez asked for more information before signing off on the move. Exposito nevertheless stripped the officers of their authority by reassigning them to desk jobs.
Martinez admitted to being upset by the chief’s move, and said he had “circumvented’’ his order.
Whistleblower protection is often a precursor to a civil lawsuit filed against municipalities for firings. Exposito prevailed in a whistleblower lawsuit against the city a decade ago, arguing he had been unfairly demoted.
His letter this week also offered this: “I trust the city of Miami and its representatives will avoid taking actions that may be deemed retaliatory in nature.’’
Martinez’s office has been flooded with whistleblower demands this summer: The chief’s notice is the third request for protection under the state statute in three weeks.
On Aug. 11, two of the officers Exposito reassigned, Cmdr. Jose Perez and Assistant Chief Roy Brown, penned whistleblower letters. Perez’s was explosive, claiming the chief and his staff are waging a campaign to have Regalado jailed or removed from office. Perez claimed he was threatened if he didn’t join the team.
Exposito’s job has been in question since a series of police shootings rocked Overtown and Little Haiti beginning in July 2010. By February 2011, Miami police had shot and killed seven black men in seven months.
A commissioner, relatives of the dead men and some clergy demanded the chief resign — as did Regalado, who had been at odds with the chief over the video-gaming machine raid, which netted several arrests.
Regalado has acknowledged asking the city manager at the time why the raid couldn’t be postponed until after an upcoming election, but denies that was an attempt to interfere.