Black female Miami cop who blew whistle after demotion claims captain scolded her

“It is absurdly shocking and mind-boggling that Capt. Ortiz would show such poor judgment.” — Attorney Michael Pizzi

A Miami police lieutenant who filed whistleblower and discrimination complaints over a recent demotion was humiliated and scolded over the radio and in person by the senior officer named in her complaints, her attorney said.

In a letter to city leaders and Miami Police Chief Art Acevedo on Friday, attorney Michael Pizzi demanded that the city “cease and desist the outrageous retaliatory act of permitting Capt. [Javier] Ortiz to continue to harass the very person who has complained about him.”

Some of Thursday’s confrontation between Ortiz and Lt. Keandra Simmons took place over police radio airwaves, where other officers were able to listen in on what had been a months-long friction between the two high-ranking Miami cops, Pizzi said.

The remainder, according to Pizzi, took place in the office of his client’s commanding officer, Ernie Sierra, who sat idly by as Ortiz — who outranks Simmons, but isn’t in her direct chain of command — lit into the attorney’s client.

According to Pizzi, Ortiz was upset that Simmons questioned a direct command from the captain ordering responding patrol vehicles to turn on their lights and sirens. Simmons, who was the commanding officer at the scene, said it wasn’t

necessary. She said she only needed a few officers to block off a street.

Ortiz did not respond to several phone calls and the chief could not be reached for comment.

Thursday’s confrontation between Ortiz and Simmons reignited a smoldering feud that began back in April. It’s one rife with claims of racism and retaliation that pits the city’s most controversial cop against one of its least controversial, an officer whose role as one of the highest-ranking Black female cops in the department, was taken away from her.

Ortiz has survived despite use-of-force complaints by minorities that go back decades and a recent year-long suspension after a racist rant before city commissioners in which the Hispanic officer claimed he was Black because of the “one drop rule.” He is the former president of the police department’s Fraternal Order of Police.

Simmons, prior to her early August demotion, is a former public information officer who once was a major in command of the Liberty City district and who moved on to oversee the department’s traffic unit, which is now under the control of Ortiz.

The two butted heads in early April when acting Chief Ron Papier and his wife, Cmdr. Nerly Papier were suspended by the newly-installed Acevedo for actions related to a patrol vehicle accident involving Nerly Papier, who commanded Little Havana.

The couple were fired by Acevedo in May.

Early last month, Simmons was one of four majors in the city demoted by the chief. She believes she was targeted because she did not support the Papiers’ termination. The investigation into the couple was initiated after Acevedo received a meandering memo from Ortiz, saying he was conducting an investigation into Nerly Papier’s accident. At the time, Ortiz was under the command of Simmons, in the traffic unit.

Following her demotion last month, Simmons filed a whistleblower complaint with the city’s Civil Service Board. She claimed to be targeted for not supporting the removal of the Papiers. She has also filed a complaint with the federal Equal Employment Opportunity Commission, alleging racial and gender discrimination. Ortiz’s past conduct is referred to in both filings.

Thursday’s tiff between Simmons and Ortiz began shortly after a small fire broke out on the lower level of Miami’s main downtown library. Simmons, as the officer in charge of the scene, radioed for some extra officers to help block off a street.

Pizzi and several police sources said Ortiz, who was listening in, took issue and ordered a patrol unit to show up with sirens blaring and lights on. After Simmons objected and said it wasn’t necessary, Ortiz, according to Pizzi and others, told her to change to a more secure radio channel.

Simmons did. But so did several other curious cops, trying to listen in on the conversation. Pizzi said Simmons objected to meeting Ortiz, through her Cmdr. Ernie Sierra. She said she was worried because she had filed complaints against the captain. Still, Pizzi said, Sierra told her she had to obey Ortiz’s order.

The three met in Sierra’s office, with the commander sitting silent as Ortiz lit into Simmons, Pizzi said. As a captain, Ortiz outranks Simmons. But as commander of the city’s traffic unit, he is not in Simmon’s direct chain of command. Sierra was out of the office Friday afternoon and couldn’t be reached for comment.

In his letter to the city on Friday, Pizzi said his client had “advised on more than one occasion that she fears for her safety around Capt. Ortiz and that he has created a hostile work environment for her.”

“It is absurdly shocking and mind-boggling that Capt. Ortiz would show such poor judgment,” Pizzi said. “Either the city has zero common sense, or they’re sending her a message.”