MIAMI (CBS4) – Recently ousted City of Miami police chief Miguel Exposito is fighting back against the very people who fired him last month.

Exposito appealed to a Miami Dade judge Tuesday to reverse the city commission’s decision to fire him, saying they violated the charter by taking too long to pull the trigger on termination, according to CBS4 News partner The Miami Herald.

The appeal states that elected officials are required, as stated in the city charter, to fire him within five days of suspension.

Exposito claims he was fired on the 6th day of his suspension for insubordination, “The five-day limit is both a protection of the Chief’s right to procedural due process and the public’s right to have the status of a suspended chief, the chief law enforcement officer (who also has national security duties), determined expeditiously in order to protect public safety,” his appeal says.

The 3-2 decision to terminate Exposito came on Monday, September 12, after a marathon two day commission meeting session.

Commissioners ultimately sided with city manager Johnny Martinez who had suspended Exposito on September 6 amid accusations he disobeyed orders by demoting three high-ranking staffers and failed to reduce excessive overtime costs.

Exposito said in his appeal he should not have been fired because “the evidence presented against the Chief was neither substantial nor competent.”

A trial date has not been set for Exposito’s appeal.

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