Miami Police Chief Miguel Exposito has been suspended effective immediately and could soon lose his job, his attorney and city officials confirmed Tuesday.
Exposito arrived at City Hall shortly before 8:30 a.m. Tuesday wearing a suit instead of his usual police uniform and left after a 10-minute meeting with City Manager Johnny Martinez.
"I'd love to talk to you but as you know, I can't make any comments to the media without written permission from the city manager," Exposito said as he entered city hall.
Exposito didn't speak after the meeting but his attorney, Ruben Chavez, confirmed the suspension and said they would fight it.
"The city charter provides for a process and we intend to avail ourselves of that process," Chavez said.
Martinez immediately appointed Major Manuel Orosa, a 31-year veteran of the department, as interim chief.
"Today, I was placed in temporary charge of the City of Miami Police Department. As a 31-year member of this fine law enforcement agency, I am proud to accept this responsibility and eager to contribute positively to this professional organization and in the lives of the citizens we proudly serve," Orosa said in a statement. "Since this is a provisional assignment, at this time I will not be conducting any interviews."
In a memo sent from Martinez to Exposito, the city manager gave two reasons for suspending Exposito, including his taking the responsibilities from three police commanders without consulting Martinez and the chief's failure to reduce overtime expenses.
"Effective immediately, you are suspended from your position as the Chief of Police," the memo said. "I have taken this action because you have failed to obey my orders and have taken other actions that indicate just and reasonable cause to demonstrate that you cannot properly perform your duties as the Chief of Police.
"Those actions include: You directed three police staff members in your administration be stripped of all responsibilities thereby circumventing my express directive to 'hold off' on their demotions. You have continued to disregard my request about reducing overtime expenses by organizational restructuring and adjustments to deployment of resources consistent with the policy directives I have communicated to you," the memo read.
Martinez didn't immediately comment on the suspension.
The city commission will have five days to hear an appeal from Exposito, then vote on whether to uphold the decision to fire Exposito or reverse it and reinstate him. A majority of three out of five is all that is needed.
"Should the city commission uphold the action I have taken in this matter, it is my intent to initiate a national search for this position and upon conclusin, select a qualified candidate to assume this role," Martinez wrote in a letter to the commission.
Exposito won't be allowed to issue commands, use police equipment or exercise any control over the police force during the suspension, Martinez's memo said.
Rumors began swirling last week that Exposito, who has been embroiled in bitter feuds with city commissioners and Mayor Tomas Regalado for several months, was on the chopping block and would be fired for insubordination.
Exposito became chief in November 2009, after joining the Miami Police Department in 1974. He quickly fell out of favor with Regalado when he began to crack down on the city's gaming machines. The chief claimed Regalado was interfering with the investigation.
After a rash of police involved shootings in Miami in which several black men were shot, Exposito clashed with city commissioners, including former Commissioner Richard Dunn, who called for the chief to step down.
The chief refused to step down, and it was later announced that the U.S. Department of Justice would investigate the shootings. The department has been cleared of wrongdoing in most of the shootings.
In June, Exposito claimed he was offered $400,000 to leave his post by a "high-ranking city official." Days later, the chief's job was posted on the Miamigov.com website.
NBC Miami later obtained a $200,000 check issued by the City of Miami to Exposito.
In July, Martinez ordered the chief to limit his communications with the media, only allowing him to talk to reporters about public safety or police situations.
Late last week, Exposito sent a letter to Martinez demanding whistleblower protection, claiming he was being 'unfairly targeted' by Regalado since December 2010.
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Regalado said Tuesday that Exposito seemed like a good choice when he recommended him for the position two years ago.
"I recommended Exposito to the former manager and he made the decision, I thought he was a good cop, my concern is the crime in the city of Miami," Regalado said. "I didn't know the inner working of the police department, I just thought at the time when I recommended him that he was the right person. That was two years ago."
Commissioner Marc Sarnoff said the bitter battle between the mayor and the city's top cop needs to end.
"It's not good for the residents, it doesn't instill confidence in them," Sarnoff said. " The mayor needs to simply back down some and the chief of police needs to be the chief of police and this squabble needs to come to an end."
