Following the release of the findings of a special prosecutor, Kissimmee City Commissioner Janette Martinez has been cleared of an ethics violation filed against her regarding city food truck policy and claims she assisted a friend, another food truck owner, in getting a conditional use permit to house them at the friend’s restaurant location.
“The Complaint is factually and legally deficient, and there is no probable cause to support any enforcement proceeding against Commissioner Martinez,” the report from Special prosecutor Mayanne Downs released Wednesday reads.
The complaint filed by political consultant Jeremy Fetzer alleged Martinez engaged in meetings and communications regarding local restaurant owner Lisandra Roman’s permit despite “a personal and financial relationship” between the two, and that Martinez provided Roman preferential treatment throughout the application process in order for Roman to get a 90-day special events permit. Fetzer also claimed Martinez failed to properly disclose what he called a conflict of interest in the matter.
Martinez said she at all times welcomed the investigation and gave an open interview with investigator Downs.
“The Special Prosecutor’s findings speak for themselves. My focus has always been serving the residents of Kissimmee with integrity, transparency, and accountability,” she said. “I want to emphasize that I have now been fully cleared of the allegations that were made against me by (Mayor Jackie Espinosa)’s political consultant, Jeremy Fetzer.”
The report on the matter’s findings noted Martinez followed the legal and procedural advice of then-City Attorney Olga Sanchez de Fuentes—who the City Commission voted to terminate in February by a 3-1 vote.
While Downs did note Fetzer’s allegation that her Form 8B, which details any potential business relationships that would create any potential voting conflicts of interest, was “deficient,” she said she found no evidence Martinez gave Roman any special treatment or privilege during the permitting process in question.
“Commissioner Martinez merely informed Ms. Roman of the proper way to proceed with her application, a service public officials routinely provide for constituents. Despite being copied on emails regarding the permit application, there is no evidence that Commissioner Martinez influenced the approval process, or that City of Kissimmee staff acted contrary to law or failed to ensure that the permit process was complied with and followed,” the finding affidavit reads. “She completed (the Form 8B) under the direct instruction of the City Attorney and corrected the deficiency once properly advised.
“I find no probable cause to file articles of impeachment or take any other action pursuant to the City of Kissimmee’s Code of Ordinances. This Complaint is hereby dismissed.”
A second complaint against Martinez that Fetzer filed just over a week after his initial complaint, stating the commissioner ran her food business inside the downtown brick-and-mortar location of a friend and did so without getting her own business receipts license and dinein restaurant permit, was dismissed on May 27.
