Miami’s bad-boy cop Ortiz gets away with a slap on the wrist, and taxpayers be damned | Opinion

You often hear that police brutality and misconduct are caused by a few “bad apples.” Solving these problems should be as easy as tossing out cops who are spoiling the reputation of the men and women who honorably serve the public.

When you look at the saga of Miami’s bad-boy cop Javier Ortiz, there’s no justice at the end of the day — at least for taxpayers — and no day of reckoning for someone who has served less than honorably. Ortiz — known for racist social media posts and accusations of excessive force — was fired last year, but will be reinstated after the city reached a settlement with the South Florida Police Benevolent Association, the police union representing him.

Sure, Ortiz will be confined to a desk job and a late-night work schedule, stripped of a gun and a take-home car. For the most part, it appears the public will be spared from interacting with Ortiz, the subject of more than 60 citizen complaints, 18 involving the use of force. He rarely faced repercussions as internal investigations into his conduct moved strategically slowly, according to a state and federal investigation.

Under the settlement, Ortiz gets to keep his rank as a captain — and the pay that comes with it — and will be awarded several months of back pay for the time he was out. The city also agreed to restore his sick and vacation time and give him “70 hours of compensatory time in lieu of holiday pay,” the agreement reads.

In other words, Ortiz will reap the financial benefits of a taxpayer-funded job he abused time and time again. He agreed to retire by Nov. 7, 2025, after which he will likely receive a cushy pension, also courtesy of taxpayers.

This is no punishment for Ortiz. His story is an illustration of how bad cops stay on the job, often with the help of police unions that aggressively defend them and use their political power to stifle meaningful police reform.

We understand why Miami decided to settle. Police Chief Manny Morales fired him last September over a “pattern of behavior and his failure to maintain a good moral character.” Ortiz’ attorney told the Herald at the time he was reprimanded for incorrectly filling out off-duty time sheets, a potential misuse of tax dollars. He challenged his firing. An arbitration hearing was scheduled in two months and sources familiar with the matter told the Herald they wouldn’t be surprised if he got his job back.

That wouldn’t be the first time Ortiz skirted accountability.

Ortiz has been the subject of several citizen complaints of abuse of force. One woman said he broke her wrist while her boyfriend was being arrested. Another won a $100,000 settlement from the city after she alleged Ortiz pushed her to the ground during Art Basel. In fact, his actions have cost Miami $600,000 in legal settlements, according to a state and federal investigation.

The FBI and the Florida Department of Law Enforcement in 2021 found he engaged in “a pattern of abuse and bias against minorities, particularly African-Americans.” However, no criminal charges were filed because most of the incidents had passed the statute of limitations.

Ortiz’ conduct extends beyond his law enforcement duties. In 2020, he was suspended after claiming during a Miami City Commission meeting that he wasn’t Hispanic but was, instead, a Black male. His comment was in response to the city’s Black police union complaint that Ortiz claimed to be Black on promotion exams.

Ortiz has also used social media to go after his perceived enemies. He tweeted the cellphone number of a woman who had videotaped an officer she said passed her driving at over 100 mph. He criticized the city’s highest-ranking Black Muslim woman for not covering her heart during the Pledge of Allegiance. He called 12-year-old Tamir Rice, who was shot and killed by a Cleveland cop as the child played with a toy gun, a “thug.”

Despite all this, Ortiz, a former SWAT commander, was rewarded with promotions throughout his career. He now gets away with a slap on the wrist. The reputation of the Miami Police Department is harmed and public trust eroded.

Even if the “bad apple” theory is right, then Miami can’t even get rid of this one.

This story was originally published May 3, 2023 at 6:20 PM.