A panel of judges has upheld the firing of former Miami Police Chief Miguel Exposito.
In an opinion filed Wednesday, the three-judge appellate panel found that the City of Miami gave Exposito due process when he was fired in September for insubordination and that it was supported by competent substantial evidence.
"We believe that the lower court erred in its opinion, and as is our right, we have the option to request a re-hearing or take an appeal to the Third District Court of Appeal. At this time we are considering our options in this regard," Exposito said in a statement.
Exposito had been suspended by City Manager Johnny Martinez after he went against Martinez's wishes not to demote three officers, and commissioners voted 3-2 to uphold the suspension and let him go.
In October, Exposito filed a lawsuit, claiming the officers were moved laterally, not demoted, and said the commission didn't follow the city charter which required commissioners to hear the case within five days.
At a hearing last month, Assistant City Attorney John Greco said Exposito was insubordinate and didn’t pay attention to the city manager’s directive to not demote the three officers who were part of his command staff.
Exposito became chief in November 2009 after joining the Miami Police Department in 1974. He quickly fell out of favor with Mayor Tomas Regalado when he began to crack down on the city's gaming machines, after he claimed Regalado was interfering with the investigation.
Manuel Orosa, a 31-year veteran of the department, served as interim chief during Exposito's suspension and was later named the city's permanent chief.
Exposito indicated Wednesday that he still believes he can regain his position.
"In a similar 1931 case, then-chief of the City of Miami Police Department, Guy Reeve, appealed his wrongful and unlawful termination in the judicial system. Ultimately, the Florida Supreme Court ruled in favor of Chief Reeves who was reinstated to his former position," Exposito said.
