Topic of City Attorney’s ouster leads to animated discussion, abrupt end to meeting
By Matthew Boggs
For the News-Gazette
Voters in Kissimmee will get to decide in August if they want to allow city commissioners to sit three full terms, rather than the current limit of two, and to add a requirement that candidates consent to a criminal background check to run for City Commission.
Those were charter amendments approved by commissioners Tuesday, which will appear on the Aug. 18 ballot that Kissimmee residents — who choose to vote in the primary — will vote on.
Commissioner Janette Martinez voted against the term limit ordinance by saying she doesn’t “see it working well right now,” but she would not be opposed at “a different time.” Commissioner Carlos Alvarez noted he is currently six years into his service and that an additional term may be what it takes to accomplish his goals. He expressed satisfaction that the voters of Kissimmee will be the final voice on the proposal.
Mayor Espinosa agreed. “I’m of the opinion that, if the Commissioners are doing a great job, the people will see it,” Espinosa said. “The people will vote. And if they’re doing a poor job, the people will see it. The people will vote.”
The other ballot item approved for August would require City Commission candidates consent to a criminal background check to run in an election, “For the purpose of verifying the candidate’s qualifications to hold office.”
A candidate could not be disqualified from running for office without prior notice as City Manager Mike Steigerwald noted the city has limited ability to disqualify a candidate. The amendment would create the opportunity for a hearing, where “clear and convincing evidence that the candidate does not meet the qualifications to hold office” would have to be brought forth.
Tensions rose at the meeting when discussion items regarding regulating the places and events food trucks could serve at and replacing former City Attorney Olga Sanchez de Fuentes, who commissioners voted 3-1 to terminate on Feb. 3.
Martinez took umbrage to a comment Commissioner Noel Ortiz made of his desire to protect brick-and-mortar establishments from unfair competition from food trucks. She noted food truck owners do pay fees and licenses, and while they can create a nuisance at impromptu, pop-up events, she said those can happen at any location.
“To suggest that I should shut down my food-truck and go work at a restaurant … that is uncalled for,” Martinez stated angrily, seemingly referencing Ortiz’s comments.
Commissioner Angela Eady proposed to allow food trucks at city parks and construction projects, but it was voted down with only Martinez supporting. Eady was heard expressing anger afterwards. Consensus did come in a workshop scheduled for March 23 at 2 p.m. to further discuss the issue.
While Commissioners appointed current deputy city attorney Kalanit Oded to fill Sanchez’s role, the lingering termination caused outcry over the process at the Feb. 3 meeting and the source and validity of documents that showed the Attorney’s office increasing its budget by $6.2 million over 10 years and returned unspent funds to the city’s general fund.
Martinez said she was not present at the Feb. 3 meeting due to a family emergency and had questions about what had happened in the span of a meeting. She noted she was not privy to most conversations about it. Espinosa clarified her stance with a statement.
“The decision was made by a majority vote. My motion was not impulsive. It was based on more than a year of observation, growing frustration, and disappointment regarding the department’s work product, communication which lacked, and overall observation management,” she said. “Trust and accountability are essential in leadership, and those standards were not met. Last week, I met with the city manager and our finance director to verify the city attorney department budget numbers that were presented … The financial findings were deeply concerning and still are.”
Martinez and Espinosa then engaged in a heated interaction regarding how the mayor derived her figures, what staff members were involved in a meeting to confirm them, and why they weren’t presented to all commissioners before the Feb. 3 motion to fire the attorney.
Espinosa abruptly slammed the gavel to adjourn the meeting in the midst of Martinez’s comments.
