Florida Commission of Ethics will still hear matter Aug. 28
Lacking the three votes necessary for articles of impeachment brought against Kissimmee Mayor Jackie Espinosa by a special prosecutor, a motion to move that process forward failed at a special City of Kissimmee meeting Tuesday.
Commissioners Noel Ortiz and Carlos Alvarez voted not to move the issue on to a hearing phase. Commissioner Janette Martinez made a motion to do so that was seconded by Vice Mayor Angela Eady.
The matter will still be heard by the Florida Commission on Ethics on Aug. 28.
Espinosa did not participate in Tuesday’s meeting, a full chamber with those holding signs both supporting and coming against her. She instead sat in the front row of the gallery with her family. After the 6 p.m. regular City Commission meeting that followed the hearing, Espinosa said she felt “gratitude” in how the city process turned out.
“God is in the details, and I have to say that my legal team and the community has shown a great display of support.”
Neither Alvarez nor Ortiz commented on their ‘no’ votes following the regular Commission meeting.
While special prosecutor Mayanne Downs shared her probable cause that three downtown companies Espinosa’s family runs received grant funding from a city program that dispersed coronavirus relief funds, and receiving them from the Business Boost 2.0 program constituted a conflict of interest, Espinosa’s attorney Migdalia Perez passionately defended the Florida Commission on Ethics, not a locally-named special prosecutor, has the authority to investigate this matter, and that the city is developing its procedures in this matter without notice to her or the mayor.
“Where is the evidence sufficient to overturn the will of the people? You are not judges or experts on ethics laws, but you are being asked to act on a process that is being created as we play the game,” Perez said to commissioners. “(The allegations don’t) allege that mayor approved her own application or directed staff to approve it. The prosecutor is arguing state law, that’s a position for the Commission on Ethics, not the City of Kissimmee.
“Nobody knew what the criteria would be before Espinosa and other businesses applied for Business Boost 2.0. This is insufficient to remove an elected mayor. The responsible decision is to vote no.”
Perez will also represent Espinosa in the Commission on Ethics hearing.
Downs, in defending her articles of impeachment Tuesday, said her findings came from a request to investigate whether there was probable cause that your code of ethics was violated.
“I did what your code authorized me to do, I have no client in this matter,” she said. “The probable cause is not to establish guilt but to establish evidence that this should go to trial.”
She said that city records showed the Mayor voted three times on Business Boost 2.0: to establish the program, establish its framework and fund it with federal COVID recovery funds.
“She did not disqualify herself from any of those votes, or disclose a plan to receive those monies herself. She never asked city officials for guidance,” Downs said. “That’s a textbook violation of your code. There is no reason not to proceed with this matter … and set this matter for trial.”
While commenting before the board vote, Alvarez asked publicly if a grant with the mayor’s name on it would throw up a red flag. And Martinez passionately asked to allow the process to move forward.
“We spent thousands of dollars to move forward. Let us move forward and give people the truth and transparency. Allow it.”
Following the hearing, Perez said it was a case of a city stretching state ethics laws broadly.
“The awards had to do with historical losses before she was even a mayor,” the attorney said.
