Controversial Miami police Captain Javier Ortiz will be back on the force and will keep his rank, according to an agreement obtained by NBC6.
Miami Police Chief Manny Morales fired Ortiz more than half a year ago after the former union leader racked up dozens of citizens’ complaints, several accusations of excessive use-of-force, and was suspended multiple times.
On Tuesday, Ortiz and his attorney with the South Florida Police Benevolent Association signed a settlement agreement with Miami City Manager Arthur Noriega and City Attorney Victoria Mendez.
Miami police leaders and Ortiz’s union attorney did not return a request for comment from NBC6.
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Back in September 2022 his attorney, Griska Mena, voiced frustration at his firing because a panel of five staff members voted to exonerate Ortiz before Morales made the decision.
"It shocks the conscience that five staff members exonerated him and recommended the discipline to be rescinded, but today he gets fired," Mena said at the time.
Morales told NBC6 the day Ortiz was fired his record was simply too much.
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"He has, through his entire career, been able intimidate and manipulate the disciplinary process of the Miami police department to avoid any serious consequences for his actions," Morales said.
The Miami New Times tabulated the 20-year career of Ortiz and found he had more than 50 citizen complaints against him, was involved in 20 use-of-force incidents and was suspended three times. His conduct spurred both federal and state law enforcement investigations.
One of Ortiz’s most public scandals was claiming he was a “Black male or a Negro" because of the "one-drop rule" at a city meeting. He had previously identified himself as a white Hispanic man.
The former president of the Miami Fraternal Order of Police's most recent investigation dealt with overtime discrepancies and going outside the chain of command.
Part of the new deal bans Ortiz from policing Miami streets and requires him to retire in 2025. He will be restricted to desk duty but be returned backpay, vacation, and sick time he would have earned without being fired.
Ortiz will report directly to the chief and not be given a gun, a take-home car, or any other equipment. He also agrees not to run for a police union leadership position. Ortiz will be allowed to do outside work if it doesn’t conflict with his position with the city. He will not be able to work for another law enforcement agency, according to the deal.
"He will only utilize his police power in the event someone is using or threatening to use deadly force if he reasonably believes he must act to prevent imminent death or great bodily harm to himself or another," states the agreement, dated May 2.
Ortiz will retire November 7, 2025, per the agreement. The parties signed the agreement a few weeks before official arbitration was set to start between the parties, where Ortiz may have won his job back anyway.
