1 00:00:15,860 --> 00:00:17,040 - Good evening everyone. 2 00:00:17,040 --> 00:00:20,320 I hereby call this special meeting of the city commission 3 00:00:20,320 --> 00:00:22,860 to order at exactly five o'clock. 4 00:00:23,720 --> 00:00:25,960 The purpose of this special meeting is limited 5 00:00:25,960 --> 00:00:28,460 to hearing the articles of impeachment presented 6 00:00:28,460 --> 00:00:30,200 by the special prosecutor 7 00:00:30,200 --> 00:00:32,500 and determining whether the city commission will 8 00:00:32,500 --> 00:00:34,220 accept those articles. 9 00:00:34,220 --> 00:00:36,800 The city clerk will now read the rules in the order 10 00:00:36,800 --> 00:00:39,060 of the procedure for the special meeting. 11 00:00:40,100 --> 00:00:42,760 - For purposes of this special meeting, the following rules 12 00:00:42,760 --> 00:00:44,740 and order of procedure shall apply. 13 00:00:44,740 --> 00:00:46,960 This special meeting is convened solely to hear the articles 14 00:00:46,960 --> 00:00:49,460 of impeachment presented by the special prosecutor, 15 00:00:49,460 --> 00:00:51,220 which have now been publicly filed, 16 00:00:51,220 --> 00:00:53,000 and to allow the commission to determine whether 17 00:00:53,000 --> 00:00:55,040 to accept the articles of impeachment. 18 00:00:55,040 --> 00:00:57,659 The vice mayor shall serve as the presiding officer. 19 00:00:57,659 --> 00:00:59,500 No public comment will be heard. 20 00:00:59,500 --> 00:01:00,920 The special prosecutor shall be 21 00:01:00,920 --> 00:01:04,360 provided 15 minutes to present the articles of impeachment. 22 00:01:04,360 --> 00:01:06,840 Following the special prosecutor's presentation, 23 00:01:06,840 --> 00:01:09,140 the defense shall be provided 15 minutes 24 00:01:09,140 --> 00:01:12,140 to present its response to the articles of impeachment. 25 00:01:12,140 --> 00:01:14,480 Following the presentations, the vice mayor shall call 26 00:01:14,480 --> 00:01:15,840 for a vote of the commission 27 00:01:15,840 --> 00:01:17,920 to accept the articles of impeachment. 28 00:01:17,920 --> 00:01:20,340 A motion shall be made, followed by a second, 29 00:01:20,340 --> 00:01:22,460 and a roll call vote will be taken. 30 00:01:22,460 --> 00:01:23,960 Following the commission's vote, 31 00:01:23,960 --> 00:01:26,120 the vice mayor shall adjourn the special meeting. 32 00:01:26,120 --> 00:01:29,720 The special meeting has a firm end time of 5:50 PM. 33 00:01:29,720 --> 00:01:31,940 This concludes the rule and order of procedure. 34 00:01:34,500 --> 00:01:36,520 - We will not recognize the special prosecutor. 35 00:01:39,440 --> 00:01:40,980 - I'm Mayanne Downs. I was appointed 36 00:01:40,980 --> 00:01:43,920 by Judge Munyon at your request to serve 37 00:01:43,920 --> 00:01:45,960 as the special prosecutor in this matter. 38 00:01:50,820 --> 00:01:53,460 - Excuse me, Vice Mayor. Is this being live streamed 39 00:01:53,460 --> 00:01:55,720 or this is just in here? I 40 00:01:55,720 --> 00:01:57,340 - Believe, 41 00:01:57,340 --> 00:01:59,180 I believe it is live streamed. Am I correct? It's 42 00:01:59,180 --> 00:02:00,220 - Being streamed 43 00:02:00,220 --> 00:02:04,200 to closed circuit TV out front out in the lobby for folks 44 00:02:04,200 --> 00:02:05,899 who cannot make it inside here today. 45 00:02:05,899 --> 00:02:07,020 - That it's not being live streamed? 46 00:02:07,020 --> 00:02:11,280 - No. - Can we live stream it and we turn on the streaming? 47 00:02:12,400 --> 00:02:14,300 - No. We would need to set up closed captioning, 48 00:02:14,300 --> 00:02:15,420 so we can't do that right now. 49 00:02:16,320 --> 00:02:18,420 - Okay. Just wanted to ask for the record. Thank you. 50 00:02:18,420 --> 00:02:18,600 - Okay. 51 00:02:23,360 --> 00:02:25,100 - You now have 15 minutes. All 52 00:02:25,100 --> 00:02:26,100 - Right. 53 00:02:26,100 --> 00:02:26,720 Thank you very much. 54 00:02:26,720 --> 00:02:30,780 - Yes. - Good afternoon. Madam Vice Mayor, Mr. 55 00:02:30,780 --> 00:02:33,380 Mayor, pro tem, commissioners. 56 00:02:33,380 --> 00:02:34,500 As I said a moment ago, 57 00:02:35,560 --> 00:02:39,880 after a vote of this body, pursuant to your code 58 00:02:39,880 --> 00:02:44,840 of ethics under your court ordinances, Judge Lisa Munyon, 59 00:02:44,840 --> 00:02:47,980 the chief judge of the Ninth Circuit, appointed me 60 00:02:47,980 --> 00:02:51,360 as special prosecutor pursuant to the process 61 00:02:51,360 --> 00:02:54,620 that is set forth in your own code. 62 00:02:54,620 --> 00:02:58,100 What I have done since I've been appointed was 63 00:02:58,100 --> 00:03:01,900 what your code authorized me to do 64 00:03:01,900 --> 00:03:04,740 and her order directed me to do. 65 00:03:06,160 --> 00:03:09,220 I want to point out as we begin this process, 66 00:03:09,220 --> 00:03:11,800 I have no client here today. 67 00:03:12,640 --> 00:03:13,940 No client in this matter. 68 00:03:14,900 --> 00:03:19,900 I represent no faction, no group, no political party. 69 00:03:20,460 --> 00:03:24,600 I don't know anyone in this room, to my knowledge, 70 00:03:24,600 --> 00:03:27,740 with the exception of Commissioner Martinez, who I met 71 00:03:27,740 --> 00:03:31,420 with one time in my office, found her to be truthful 72 00:03:31,420 --> 00:03:35,240 and helpful, and Mayor Espinoza, who I met 73 00:03:35,240 --> 00:03:39,580 with one time in my office, I also found her to be truthful. 74 00:03:39,580 --> 00:03:42,840 I have no ax to grind. 75 00:03:42,840 --> 00:03:46,340 I have no interest other than discharging my 76 00:03:46,340 --> 00:03:49,180 responsibilities as Judge Munyon 77 00:03:49,180 --> 00:03:52,600 and your code directed that I do. 78 00:03:54,180 --> 00:03:56,840 Just a moment about me only 79 00:03:56,840 --> 00:04:00,440 because there have been accusations made about 80 00:04:00,440 --> 00:04:01,679 me and my role. 81 00:04:02,560 --> 00:04:05,680 I have been practicing law for 38 years. 82 00:04:05,680 --> 00:04:07,600 I'm a Florida native. 83 00:04:07,600 --> 00:04:11,260 I have no connection with Kissimmee at all except 84 00:04:11,260 --> 00:04:13,180 for one very important one. 85 00:04:13,180 --> 00:04:15,780 My mother was born here in 1930. 86 00:04:15,780 --> 00:04:19,100 Shortly after she was born, the family moved to Orlando 87 00:04:19,100 --> 00:04:20,680 and that's where I've always lived. 88 00:04:21,580 --> 00:04:25,220 I have served as city attorney for the city 89 00:04:25,220 --> 00:04:27,240 of Orlando since 2007. 90 00:04:28,140 --> 00:04:31,660 I also serve as the city attorney for Key West. 91 00:04:31,660 --> 00:04:33,580 I think I'm the only person in the state 92 00:04:33,580 --> 00:04:36,260 to hold two city attorney positions. 93 00:04:36,260 --> 00:04:39,260 In connection with investigations, I served 94 00:04:39,260 --> 00:04:41,840 as president of the Florida Bar. 95 00:04:41,840 --> 00:04:45,420 The Florida Bar disciplines and investigates lawyers. 96 00:04:45,420 --> 00:04:50,420 And I served for 10 years on the Constitutional JQC, 97 00:04:50,580 --> 00:04:53,340 the Judicial Qualifications Commission. 98 00:04:53,340 --> 00:04:55,660 And in that role, I investigated 99 00:04:56,960 --> 00:04:58,560 complaints against judges 100 00:04:58,560 --> 00:05:00,900 and was involved in discipline of judges. 101 00:05:01,740 --> 00:05:04,520 I mention those things only to say 102 00:05:04,520 --> 00:05:09,200 I take my responsibilities and my obligations to each of you 103 00:05:09,200 --> 00:05:12,700 and to this community very seriously. 104 00:05:12,700 --> 00:05:16,220 And again, I have no dog 105 00:05:16,220 --> 00:05:18,460 or cat in this fight. 106 00:05:18,460 --> 00:05:22,560 None. So I am asking you here today 107 00:05:22,560 --> 00:05:24,520 for one thing. 108 00:05:24,520 --> 00:05:28,260 I'm asking you to do what your code says you should do. 109 00:05:29,120 --> 00:05:33,260 I'm asking you to complete the process that you voted 110 00:05:33,260 --> 00:05:36,700 to begin and that started with my appointment. 111 00:05:37,560 --> 00:05:41,640 Let me tell you what today is and what it is not. 112 00:05:42,740 --> 00:05:45,980 You may be told some things a little bit later about 113 00:05:45,980 --> 00:05:47,620 what this is and isn't. 114 00:05:47,620 --> 00:05:50,340 I'm going to ask you to very specially 115 00:05:50,340 --> 00:05:53,900 and carefully consider what we're doing here. 116 00:05:53,900 --> 00:05:58,900 All I have done so far is investigate sufficient 117 00:05:58,980 --> 00:06:02,720 to determine whether there was probable cause 118 00:06:03,600 --> 00:06:06,760 that your code of ethics was violated. 119 00:06:06,760 --> 00:06:09,360 Each of you received a copy of my report 120 00:06:10,260 --> 00:06:12,940 and my articles which were filed under oath. 121 00:06:12,940 --> 00:06:16,600 I found that there was clear 122 00:06:16,600 --> 00:06:21,600 probable cause not to establish the guilt 123 00:06:21,740 --> 00:06:26,740 of Mayor Espinoza, but to establish sufficient evidence. 124 00:06:27,020 --> 00:06:30,960 And all the evidence I relied upon is undisputed 125 00:06:30,960 --> 00:06:32,720 and was told to me by her 126 00:06:33,600 --> 00:06:36,240 that this matter should go to trial. 127 00:06:36,240 --> 00:06:37,740 So I just want to remind us, 128 00:06:37,740 --> 00:06:39,880 this is a little like when you get a ticket. 129 00:06:40,780 --> 00:06:42,120 It doesn't mean you're guilty. 130 00:06:42,960 --> 00:06:45,300 It doesn't mean anything other than you're being given 131 00:06:45,300 --> 00:06:49,500 notice that you have to proceed with the legal process. 132 00:06:49,500 --> 00:06:53,020 So you are not being asked today, members 133 00:06:53,020 --> 00:06:57,680 of this commission, whether the mayor is guilty or innocent. 134 00:06:57,680 --> 00:06:59,300 You are not being asked 135 00:06:59,300 --> 00:07:03,820 to decide if in the future she is proven guilty 136 00:07:03,820 --> 00:07:07,120 what the punishment or consequence should be. 137 00:07:07,120 --> 00:07:09,640 You are not making the decision the commission on 138 00:07:09,640 --> 00:07:11,480 ethics might make. 139 00:07:11,480 --> 00:07:13,520 You are not involved in any 140 00:07:13,520 --> 00:07:15,920 investigation by law enforcement. 141 00:07:15,920 --> 00:07:19,740 Your job is simply to decide yes 142 00:07:19,740 --> 00:07:23,120 or no to proceed with your codes 143 00:07:23,120 --> 00:07:25,120 next step, which is a trial. 144 00:07:26,760 --> 00:07:28,700 And we'll get back in a few moments 145 00:07:28,700 --> 00:07:31,820 to the precise requests I am making of you. 146 00:07:33,960 --> 00:07:36,040 Here is the conduct at issue. 147 00:07:37,140 --> 00:07:41,680 And I say again, the conduct that was in my report 148 00:07:41,680 --> 00:07:45,380 and in my articles is conduct that was proven 149 00:07:45,380 --> 00:07:46,860 by your records. 150 00:07:47,920 --> 00:07:51,880 It was substantiated by the things that the mayor told me, 151 00:07:51,880 --> 00:07:53,940 but I don't rely on those things. 152 00:07:53,940 --> 00:07:58,059 I rely on what your records establish. 153 00:07:58,059 --> 00:08:01,639 Your records establish that the mayor initiated 154 00:08:01,639 --> 00:08:06,520 and promoted the Boost 2.0 Small Business Program. 155 00:08:07,500 --> 00:08:12,140 Your records establish that the City of Kissimmee qualified 156 00:08:12,140 --> 00:08:17,140 for federal money under ARPA which was a 157 00:08:17,640 --> 00:08:22,020 a federal American rescue plan program 158 00:08:22,020 --> 00:08:24,519 that sent money down to the local level 159 00:08:25,640 --> 00:08:29,300 to provide a wide range of benefits to the community. 160 00:08:30,520 --> 00:08:33,360 Your records established that then 161 00:08:33,360 --> 00:08:38,040 the mayor voted three times to keep 162 00:08:38,040 --> 00:08:40,220 that BOOST program going. 163 00:08:40,220 --> 00:08:44,900 On December 17th, 2024, she voted, along with others, 164 00:08:44,900 --> 00:08:48,660 to reallocate $1 million to the BOOST program. 165 00:08:49,820 --> 00:08:53,620 On April 15th, 2025, she voted 166 00:08:53,620 --> 00:08:56,340 to approve the program framework. 167 00:08:56,340 --> 00:08:57,600 You know, how it would work. 168 00:08:58,440 --> 00:09:02,160 And on September 3rd, 2025, she voted 169 00:09:02,160 --> 00:09:04,240 to reallocate another 170 00:09:04,240 --> 00:09:08,500 $375,000 into the grant pool. 171 00:09:08,500 --> 00:09:13,160 She did not disqualify herself from one 172 00:09:13,160 --> 00:09:16,020 single one of those votes, 173 00:09:16,020 --> 00:09:19,880 nor did she disclose at that time 174 00:09:19,880 --> 00:09:23,800 or at any time a plan to receive those monies herself. 175 00:09:25,460 --> 00:09:29,420 Three applications came in, along with others, 176 00:09:29,420 --> 00:09:34,420 totaling $50,000 for businesses the mayor owns 177 00:09:34,820 --> 00:09:36,140 or has an interest in. 178 00:09:36,140 --> 00:09:38,260 How do we know that? The public 179 00:09:38,260 --> 00:09:39,640 records of the state of Florida. 180 00:09:40,540 --> 00:09:43,000 First, a Dan's LLC. 181 00:09:43,000 --> 00:09:47,400 $20,000 of federally funded public money. 182 00:09:49,620 --> 00:09:53,780 Mayor Espinoza is identified as the 100% 183 00:09:53,780 --> 00:09:55,360 owner of that entity. 184 00:09:56,580 --> 00:10:00,720 Kissimmee Diner Incorporated, $15,000. 185 00:10:01,840 --> 00:10:06,680 Mayor Espinoza's own form one that each of you have 186 00:10:06,680 --> 00:10:10,080 to fill out and file with the state of Florida says 187 00:10:10,080 --> 00:10:14,760 that she owned in excess of 5% of that entity. 188 00:10:15,640 --> 00:10:18,880 Real Estate Gallery, LLC, $15,000 189 00:10:19,760 --> 00:10:21,600 owned indirectly by the mayor 190 00:10:21,600 --> 00:10:23,880 and her husband through a trust. 191 00:10:23,880 --> 00:10:27,960 And if we proceed to trial, you will see certified copies 192 00:10:27,960 --> 00:10:30,440 of all of these records in the State 193 00:10:30,440 --> 00:10:32,120 of Florida public records. 194 00:10:32,120 --> 00:10:35,260 All three loans were approved. All checks were cashed. 195 00:10:37,440 --> 00:10:41,980 At no point did the mayor disclose to this body 196 00:10:43,140 --> 00:10:47,620 or to this community her interest in those loans 197 00:10:48,740 --> 00:10:52,000 and in those businesses receiving those loans. 198 00:10:52,000 --> 00:10:56,520 The minutes show no disclosure, the recorded records 199 00:10:56,520 --> 00:10:59,720 of the meetings show no disclosure. 200 00:10:59,720 --> 00:11:03,900 She never asked the city attorney or this commission. 201 00:11:03,900 --> 00:11:06,820 Your code provides that any one 202 00:11:06,820 --> 00:11:09,700 of you can ask this commission 203 00:11:09,700 --> 00:11:11,940 for guidance if you need it. 204 00:11:13,180 --> 00:11:17,180 Nor, and she was candid in answering this question when I 205 00:11:17,180 --> 00:11:21,420 asked for it, nor did she call the commission on ethics, 206 00:11:21,420 --> 00:11:26,420 which has a toll-free hotline available to any who call it 207 00:11:26,580 --> 00:11:30,020 to find out if the behavior you're considering 208 00:11:30,020 --> 00:11:31,480 is illegal or not. 209 00:11:33,280 --> 00:11:36,740 As a lawyer, I have the benefit of that for the Florida Bar. 210 00:11:36,740 --> 00:11:39,620 If I have any doubts, I can dial that number 211 00:11:39,620 --> 00:11:42,420 and the Florida Bar will tell me if what I'm thinking 212 00:11:42,420 --> 00:11:44,040 of doing is right or not. 213 00:11:46,400 --> 00:11:49,080 On December 5th, 2025, 214 00:11:50,200 --> 00:11:54,980 the city attorney at that time, who had learned 215 00:11:54,980 --> 00:11:58,180 of the applications after the fact 216 00:11:58,180 --> 00:12:03,000 and learned of the payments after the fact, wrote the mayor 217 00:12:03,000 --> 00:12:07,520 and told her citing Florida Statutes Section 112, 218 00:12:08,400 --> 00:12:11,240 Section 1123137, 313 219 00:12:12,960 --> 00:12:17,880 and 1123143 Florida Statutes 220 00:12:17,880 --> 00:12:22,340 and three opinions from the Florida Commission on Ethics 221 00:12:22,340 --> 00:12:25,500 that you cannot be a public official 222 00:12:25,500 --> 00:12:29,140 and derive contractual financial benefits 223 00:12:29,140 --> 00:12:31,220 from the government you're a part of. 224 00:12:31,220 --> 00:12:35,260 Cannot do it. And we know 225 00:12:35,260 --> 00:12:37,700 that the mayor received that 226 00:12:37,700 --> 00:12:40,380 because we have her emails saying she received the letter. 227 00:12:40,380 --> 00:12:41,440 She asked for a meeting. 228 00:12:42,480 --> 00:12:45,940 To date, she has never returned that money. 229 00:12:47,420 --> 00:12:50,780 My only quibble with the former city attorney is 230 00:12:50,780 --> 00:12:54,360 that there was a fourth, there were four 231 00:12:55,260 --> 00:12:58,560 Commission on Ethics opinions that said you can't do this. 232 00:12:59,620 --> 00:13:04,100 One involved a remarkably similar set of facts. 233 00:13:04,100 --> 00:13:08,220 A city commissioner who took CRA money for a business 234 00:13:08,220 --> 00:13:09,740 that he owned and operated. 235 00:13:10,960 --> 00:13:15,400 That was eight months ago. As a result of that conduct, the, 236 00:13:15,400 --> 00:13:17,720 the facts of which are, are undisputed. 237 00:13:18,640 --> 00:13:22,000 I filed my report and I filed my articles 238 00:13:22,000 --> 00:13:26,800 and I have charged through that process, 239 00:13:26,800 --> 00:13:30,500 Mayor Espinoza, with a violation of your code section 240 00:13:32,180 --> 00:13:35,980 30-23A that says no city commissioner shall engage in any 241 00:13:35,980 --> 00:13:39,500 business or transaction or hold any financial 242 00:13:39,500 --> 00:13:41,320 or other personal interest, direct 243 00:13:41,320 --> 00:13:44,800 or indirect, which is incompatible with the proper discharge 244 00:13:44,800 --> 00:13:47,080 of duties in the public interest 245 00:13:47,080 --> 00:13:50,640 or which would tend to impair independence of judgment. 246 00:13:50,640 --> 00:13:55,200 Voting money into a program that you vote for, you initiate, 247 00:13:55,200 --> 00:13:57,460 you push, and you say yes for 248 00:13:57,460 --> 00:13:59,200 and then taking the money under it. 249 00:13:59,200 --> 00:14:01,920 That's a textbook example of your code. 250 00:14:03,040 --> 00:14:04,580 Two, article two. 251 00:14:04,580 --> 00:14:08,260 Three violations of section 30-23B. 252 00:14:09,180 --> 00:14:12,680 That section says a commission with a financial 253 00:14:12,680 --> 00:14:17,440 or other private interest in legislation shall disclose the 254 00:14:17,440 --> 00:14:18,740 nature and extent of 255 00:14:18,740 --> 00:14:21,640 that interest on the records of the commission. 256 00:14:21,640 --> 00:14:24,660 And it does not apply if the commissioner 257 00:14:24,660 --> 00:14:26,540 disqualifies herself. 258 00:14:26,540 --> 00:14:29,540 She did neither, not once, 259 00:14:29,540 --> 00:14:31,980 but three separate times. 260 00:14:32,900 --> 00:14:35,960 Finally, I have charged two violations 261 00:14:35,960 --> 00:14:37,920 of section 30-24. 262 00:14:38,760 --> 00:14:41,340 That section says, if you have any doubt 263 00:14:42,740 --> 00:14:46,720 and anyone who doesn't have doubt, who raised their hand 264 00:14:46,720 --> 00:14:50,220 and swore to follow the law of the state of Florida 265 00:14:50,220 --> 00:14:51,620 and the United States 266 00:14:51,620 --> 00:14:54,740 and to serve in the public interest about whether you could 267 00:14:54,740 --> 00:14:58,600 be a public official and take money should have had doubt. 268 00:14:58,600 --> 00:15:01,700 That code provision says you got to go to the city attorney. 269 00:15:01,700 --> 00:15:03,399 And it separately says you've got 270 00:15:03,399 --> 00:15:05,660 to be guided by the advice. 271 00:15:05,660 --> 00:15:08,740 So let me conclude by saying this. 272 00:15:11,500 --> 00:15:15,940 You are not going to hear, I believe in a few moments, that 273 00:15:15,940 --> 00:15:17,260 what I've told you is not true. 274 00:15:18,940 --> 00:15:21,180 You're not going to hear that she returned the money. 275 00:15:22,380 --> 00:15:24,700 You're not going to hear that she disclosed her 276 00:15:24,700 --> 00:15:26,379 interest on the record. 277 00:15:26,379 --> 00:15:28,140 You're not going to hear any of that. 278 00:15:28,140 --> 00:15:30,860 You're going to hear jurisdictional arguments. 279 00:15:30,860 --> 00:15:32,660 You're going to hear let's delay some more. 280 00:15:33,520 --> 00:15:36,080 We already had an appeal at the first part 281 00:15:36,080 --> 00:15:39,520 of this investigation in which those arguments were made. 282 00:15:40,580 --> 00:15:43,880 So here's what I am asking you to do. 283 00:15:43,880 --> 00:15:47,380 Please do not be distracted by 284 00:15:47,380 --> 00:15:50,300 anything you might hear about 285 00:15:50,300 --> 00:15:53,380 what should happen next other than a trial. 286 00:15:54,420 --> 00:15:57,420 What you should do and what I'm asking you to do 287 00:15:59,140 --> 00:16:02,680 and saying that as you consider what to do 288 00:16:02,680 --> 00:16:04,240 is follow your code. 289 00:16:05,320 --> 00:16:10,020 Your code says you initiate an investigation, which you did. 290 00:16:10,020 --> 00:16:13,320 Your code says the special prosecutor has 291 00:16:13,320 --> 00:16:15,900 to find probable cause, which I did. 292 00:16:15,900 --> 00:16:19,540 Then your code says you proceed to an impeachment trial. 293 00:16:19,540 --> 00:16:22,180 Every defense you hear from mayor's team, 294 00:16:22,180 --> 00:16:25,860 she will have every opportunity to present at trial. 295 00:16:26,739 --> 00:16:30,440 There is no reason not to proceed with this matter. 296 00:16:30,440 --> 00:16:34,340 I am asking you, I believe the community is watching 297 00:16:34,340 --> 00:16:39,019 and expecting you to protect the public's interest, 298 00:16:39,019 --> 00:16:41,099 to follow your own code, 299 00:16:41,099 --> 00:16:44,420 to complete the process you initiated, 300 00:16:44,420 --> 00:16:46,820 and to set this matter for trial. 301 00:16:48,300 --> 00:16:49,519 Have your city attorney 302 00:16:49,519 --> 00:16:51,259 and staff develop an order 303 00:16:51,259 --> 00:16:52,940 that tells everybody when it'll be, 304 00:16:53,819 --> 00:16:56,420 how the exhibits will work, all that process 305 00:16:56,420 --> 00:16:58,060 so everybody knows. 306 00:16:58,060 --> 00:17:01,460 And that that order gives every single bit 307 00:17:01,460 --> 00:17:04,380 of procedural due process to the mayor 308 00:17:04,380 --> 00:17:06,600 that she is absolutely entitled to 309 00:17:07,440 --> 00:17:08,840 and that the matter proceed. 310 00:17:11,039 --> 00:17:12,039 Thank you. 311 00:17:13,300 --> 00:17:17,440 - Thank you. You now recognize the defense. Thank you. 312 00:17:18,560 --> 00:17:19,680 - My name is Migdalia Perez 313 00:17:19,680 --> 00:17:23,460 and I represent Jackie Espinosa, your city mayor, along 314 00:17:23,460 --> 00:17:25,240 with my co-counsel, Michelle LeBron. 315 00:17:25,240 --> 00:17:29,920 I don't have as much time to discuss my accolades 316 00:17:29,920 --> 00:17:33,680 because I'm here to defend the mayor. 317 00:17:33,680 --> 00:17:35,240 Tonight you're not, you are being asked 318 00:17:35,240 --> 00:17:36,560 to decide whether the articles 319 00:17:36,560 --> 00:17:38,900 of impeachment should move forward to trial. 320 00:17:39,860 --> 00:17:43,460 The articles filed by the prosecutor, they are not evidence 321 00:17:43,460 --> 00:17:44,920 and they are not findings of guilt. 322 00:17:45,960 --> 00:17:49,140 We are not asking you to ignore ethics complaints 323 00:17:49,140 --> 00:17:53,260 and we're not asking you to excuse any alleged misconduct, 324 00:17:53,260 --> 00:17:57,100 but we are asking you to decide whether the law is clear, 325 00:17:57,100 --> 00:17:59,120 whether the evidence is sufficient, 326 00:17:59,120 --> 00:18:01,600 and whether this process is fair enough 327 00:18:01,600 --> 00:18:03,800 to overturn the will of the people. 328 00:18:04,820 --> 00:18:07,400 Before taking this extraordinary step, 329 00:18:07,400 --> 00:18:10,020 you should be satisfied of two things. 330 00:18:10,020 --> 00:18:12,120 Is this process fair? 331 00:18:12,120 --> 00:18:14,780 And do the articles contain enough facts 332 00:18:14,780 --> 00:18:16,340 to justify impeachment? 333 00:18:17,440 --> 00:18:19,440 Let's talk about fairness. 334 00:18:19,440 --> 00:18:21,760 The special prosecutor has offered her 335 00:18:21,760 --> 00:18:23,000 interpretation of the law. 336 00:18:23,840 --> 00:18:25,960 Her recommendation actually places an 337 00:18:25,960 --> 00:18:29,000 extraordinary burden on you. 338 00:18:29,000 --> 00:18:30,320 You are not elected. 339 00:18:30,320 --> 00:18:33,360 I'm sorry, you are elected public officials. 340 00:18:33,360 --> 00:18:34,800 You are not judges. 341 00:18:34,800 --> 00:18:37,060 You are not experts on ethics laws 342 00:18:37,060 --> 00:18:40,880 and you are being asked to resolve legal disputes. 343 00:18:40,880 --> 00:18:43,820 Is that fair to the mayor? It is not. 344 00:18:45,120 --> 00:18:47,320 What about fairness in the process? 345 00:18:47,320 --> 00:18:49,440 We don't even have a process. 346 00:18:49,440 --> 00:18:52,460 The process is being created as we play the game. 347 00:18:53,520 --> 00:18:55,800 Is that fair to the mayor? 348 00:18:56,780 --> 00:19:01,060 Some comm - some commissioners are being asked 349 00:19:01,060 --> 00:19:04,660 to make a decision, may have a personal 350 00:19:04,660 --> 00:19:06,760 or political interest in the outcome. 351 00:19:07,740 --> 00:19:10,080 Is that fair to ask a commissioner 352 00:19:10,080 --> 00:19:11,920 to decide the fate of the mayor? 353 00:19:13,320 --> 00:19:16,540 I've been told numerous times through this process, Ms. 354 00:19:16,540 --> 00:19:20,900 Perez, this is not a criminal case. And I agree, it's worse. 355 00:19:21,760 --> 00:19:25,720 Because at least in a criminal case, due process has teeth. 356 00:19:25,720 --> 00:19:30,080 It has meaning. I am speaking to you now, 357 00:19:30,080 --> 00:19:31,860 and yet some commissioners are 358 00:19:31,860 --> 00:19:34,240 so fixed already in their decisions 359 00:19:34,240 --> 00:19:37,920 that maybe they are listening, but they are not hearing. 360 00:19:37,920 --> 00:19:42,920 Is that fair to the mayor? Let's talk about the prosecutor. 361 00:19:43,160 --> 00:19:48,160 The prosecutor also says, I have no dog or cat in the race. 362 00:19:48,560 --> 00:19:51,160 But let's talk about that. 363 00:19:51,160 --> 00:19:52,900 She made public comments 364 00:19:52,900 --> 00:19:56,420 that also create a serious fairness concern. 365 00:19:56,420 --> 00:19:59,220 The mayor exercised her lawful legal right 366 00:19:59,220 --> 00:20:02,920 to challenge the appointment of the special prosecutor. 367 00:20:02,920 --> 00:20:05,180 The prosecutor spinned that challenge 368 00:20:05,180 --> 00:20:08,820 by claiming the mayor was attempting to stop the process. 369 00:20:10,080 --> 00:20:13,480 She criticized the mayor. She blamed her for the delay. 370 00:20:13,480 --> 00:20:16,100 She blamed her for the expense. 371 00:20:16,100 --> 00:20:18,800 Her frustration had nothing to do 372 00:20:18,800 --> 00:20:20,760 with determining the whether the mayor had 373 00:20:20,760 --> 00:20:22,260 violated the code. 374 00:20:22,260 --> 00:20:24,960 She tells you, "I have no dog in the race." 375 00:20:25,940 --> 00:20:28,560 It should now actually beg the question, did she? 376 00:20:28,560 --> 00:20:32,820 Did her frustration weigh in on her finding probable cause 377 00:20:32,820 --> 00:20:34,600 and bringing us here today? 378 00:20:34,600 --> 00:20:38,980 Now she wants you to consider her interpretation as facts. 379 00:20:39,980 --> 00:20:43,580 These questions are important and they should be considered. 380 00:20:43,580 --> 00:20:46,080 Fundamental fairness requires you 381 00:20:46,080 --> 00:20:47,900 to reject this process completely. 382 00:20:49,220 --> 00:20:50,600 So let's talk about the articles. 383 00:20:51,480 --> 00:20:55,500 The articles contain serious legal and factual complaints. 384 00:20:56,340 --> 00:20:58,240 I'm sorry, factual problems. 385 00:20:58,240 --> 00:21:01,360 They rely on disputed legal conclusions. 386 00:21:01,360 --> 00:21:05,120 They omit important facts and they, 387 00:21:05,120 --> 00:21:06,720 and they attempt to turn conduct 388 00:21:06,720 --> 00:21:09,520 that was never prohibited by the city code. 389 00:21:09,520 --> 00:21:11,520 Are we here about the city code? 390 00:21:11,520 --> 00:21:13,200 Are we here about the state code? 391 00:21:14,300 --> 00:21:15,800 Article one charges the mayor 392 00:21:15,800 --> 00:21:18,680 with having a general conflict of interest. 393 00:21:18,680 --> 00:21:21,680 That conflict of interest includes applying 394 00:21:21,680 --> 00:21:23,420 and accepting Boost funds. 395 00:21:24,320 --> 00:21:25,800 The problem here is 396 00:21:25,800 --> 00:21:29,640 that the articles do not allege that conflict. 397 00:21:29,640 --> 00:21:32,380 The mayor, did she approve her own application? 398 00:21:32,380 --> 00:21:34,000 It doesn't allege that. 399 00:21:34,000 --> 00:21:37,560 They do not allege that she directed staff to approve them. 400 00:21:37,560 --> 00:21:41,220 She ch - she did not change the eligibility requirements. 401 00:21:41,220 --> 00:21:44,980 It doesn't say that she asked for preferential treatment. 402 00:21:44,980 --> 00:21:48,760 The Boost 2.0 program used federal COVID relief funds. 403 00:21:48,760 --> 00:21:50,160 The purposeful BOOST was 404 00:21:50,160 --> 00:21:55,160 to mitigate historical financial losses of city businesses 405 00:21:55,580 --> 00:21:59,900 during the COVID long before the mayor was a mayor. 406 00:22:00,880 --> 00:22:03,500 City staff administered the program 407 00:22:03,500 --> 00:22:06,040 under published requirements. 408 00:22:06,040 --> 00:22:09,460 The amount of each grant was determined according 409 00:22:09,460 --> 00:22:11,520 to established criteria. 410 00:22:11,520 --> 00:22:14,360 All eligible applicants received funding. 411 00:22:15,240 --> 00:22:18,660 Article one by the prosecutor assumes that 412 00:22:18,660 --> 00:22:21,960 receiving funding from a public program automatically 413 00:22:21,960 --> 00:22:24,480 establishes a con - a conflict. 414 00:22:24,480 --> 00:22:29,040 Yet the prosecutor identifies no rule in the city code 415 00:22:29,040 --> 00:22:31,520 that states an elected official 416 00:22:31,520 --> 00:22:34,500 or business owned by an office of office, I'm sorry, owned 417 00:22:34,500 --> 00:22:37,740 by an official can never participate in a generally 418 00:22:37,740 --> 00:22:39,480 available relief program. 419 00:22:40,740 --> 00:22:45,080 The prosecutor is arguing state law that belongs 420 00:22:45,080 --> 00:22:46,720 with the commission on ethics. 421 00:22:46,720 --> 00:22:49,980 We are here for the City of Kissimmee code. 422 00:22:51,060 --> 00:22:53,760 Now, if the mayor had changed the rules, 423 00:22:53,760 --> 00:22:57,060 pressured employees, approved her own application, 424 00:22:57,060 --> 00:22:59,520 or caused another business to be denied, 425 00:22:59,520 --> 00:23:02,140 this would be a totally different case. 426 00:23:02,140 --> 00:23:04,620 But that's not the evidence before you. 427 00:23:04,620 --> 00:23:07,880 The fact that a business connected to the mayor applied 428 00:23:07,880 --> 00:23:11,440 for a public program may raise a question, 429 00:23:11,440 --> 00:23:13,880 but a question is not proof of misconduct. 430 00:23:14,900 --> 00:23:17,540 The city ordinance requires a connection 431 00:23:17,540 --> 00:23:19,800 between the mayor's financial interest 432 00:23:19,800 --> 00:23:22,000 and the performance of her duties. 433 00:23:22,000 --> 00:23:26,060 The article fails to identify any official decision 434 00:23:26,060 --> 00:23:29,700 by the mayor that was improperly influenced 435 00:23:29,700 --> 00:23:30,940 by her private interest. 436 00:23:32,740 --> 00:23:34,520 Article two, violation 437 00:23:34,520 --> 00:23:38,100 concerning three commission voting meetings. 438 00:23:38,100 --> 00:23:39,880 The prosecutor just laid it out. 439 00:23:39,880 --> 00:23:41,920 One vote to allocate the program. 440 00:23:41,920 --> 00:23:44,480 One vote approved the framework of the program 441 00:23:44,480 --> 00:23:47,160 and one vote added the funds to the program. 442 00:23:47,160 --> 00:23:50,520 None of those votes approved the mayor's application. 443 00:23:50,520 --> 00:23:54,100 Those votes affected an entire class of eligible city 444 00:23:54,100 --> 00:23:55,620 of Kissimmee businesses. 445 00:23:56,500 --> 00:23:57,700 Votes to establish 446 00:23:57,700 --> 00:24:01,140 or fund a general program is not the same as voting 447 00:24:01,140 --> 00:24:02,600 for an award for yourself. 448 00:24:03,720 --> 00:24:07,300 The, the special prosecutor is working backwards here. 449 00:24:07,300 --> 00:24:10,340 Because the business leader received grants, she's assuming 450 00:24:10,340 --> 00:24:13,460 that every earlier vote invited a no personal 451 00:24:13,460 --> 00:24:15,080 financial interest. 452 00:24:15,080 --> 00:24:16,680 But that's a conclusion. 453 00:24:16,680 --> 00:24:19,400 And it's a conclusion that requires evidence about 454 00:24:19,400 --> 00:24:23,220 what the mayor knew and intended at the time of the vote. 455 00:24:23,220 --> 00:24:25,540 The articles don't tell you that. 456 00:24:25,540 --> 00:24:26,840 At the time of the votes, 457 00:24:26,840 --> 00:24:29,680 the mayor's business had not applied for a grant, 458 00:24:29,680 --> 00:24:32,600 had not been approved or had not received money. 459 00:24:32,600 --> 00:24:35,120 In fact, no one knew what the criteria was going 460 00:24:35,120 --> 00:24:36,460 to be for the program. 461 00:24:37,760 --> 00:24:40,760 Boost 2.0 was not legislation written only 462 00:24:40,760 --> 00:24:43,260 for the mayor or her businesses. 463 00:24:43,260 --> 00:24:47,140 The special prosecutor repeatedly refers to $50,000, 464 00:24:47,140 --> 00:24:50,000 but that amount combines three separate grants involving 465 00:24:50,000 --> 00:24:52,040 three separate businesses. 466 00:24:52,040 --> 00:24:54,860 Each alleged interest must be considered separately. 467 00:24:54,860 --> 00:24:56,840 Who legally owned those businesses? 468 00:24:56,840 --> 00:24:58,780 What was the nature of the mayor's interest? 469 00:24:58,780 --> 00:25:03,020 Did that interest exist when each boat occurred? 470 00:25:03,020 --> 00:25:04,420 Did the mayor know 471 00:25:04,420 --> 00:25:06,180 that the particular vote would directly 472 00:25:06,180 --> 00:25:07,820 benefit the business? 473 00:25:07,820 --> 00:25:12,820 Merely repeating $50,000 does not answer those questions. 474 00:25:12,960 --> 00:25:14,160 The report. I'm sorry, 475 00:25:14,160 --> 00:25:17,900 the articles also rely on the mayor's publicly filed form 476 00:25:17,900 --> 00:25:21,200 one to establish one of the alleged businesses. 477 00:25:21,200 --> 00:25:24,240 Now that form may not replace disclosure 478 00:25:24,240 --> 00:25:25,720 during a commission meeting, 479 00:25:25,720 --> 00:25:27,880 but it does demonstrate one thing, 480 00:25:27,880 --> 00:25:30,220 that the interest was publicly reported 481 00:25:30,220 --> 00:25:32,420 and it was not secretly con- concealed. 482 00:25:33,560 --> 00:25:36,360 Even if a disclosure should have been, 483 00:25:36,360 --> 00:25:40,360 should have been made, possible, possible disclosure errors 484 00:25:40,360 --> 00:25:44,240 are not the same as corruption, as kickbacks 485 00:25:44,240 --> 00:25:46,100 or abuse of your office. 486 00:25:46,100 --> 00:25:49,780 This is insufficient to remove an elected mayor. 487 00:25:51,620 --> 00:25:53,740 Article three concerns a, 488 00:25:53,740 --> 00:25:55,620 concerns a former city attorney's letter. 489 00:25:56,760 --> 00:25:58,380 Section 30-24 490 00:25:58,380 --> 00:26:02,520 of the city code says a commissioner must have, must ask 491 00:26:02,520 --> 00:26:06,020 for an opinion when the commissioner has doubts about 492 00:26:06,020 --> 00:26:08,620 whether the city ethic code applies. 493 00:26:08,620 --> 00:26:12,040 The articles do not claim that the mayor had such doubt 494 00:26:12,040 --> 00:26:14,060 before the applications were filed 495 00:26:14,060 --> 00:26:15,760 or even when they were approved. 496 00:26:15,760 --> 00:26:17,480 The special prosecutor wants 497 00:26:17,480 --> 00:26:20,380 to change the code from when the commission had doubt 498 00:26:20,380 --> 00:26:22,220 to when the prosecutor later thinks the 499 00:26:22,220 --> 00:26:24,140 commissioner should have had doubt. 500 00:26:24,140 --> 00:26:25,180 That's not the code. 501 00:26:26,380 --> 00:26:29,660 The special prosecutor further claims that the mayor failed 502 00:26:29,660 --> 00:26:31,860 to follow the city attorney's letter. 503 00:26:31,860 --> 00:26:33,780 Well, let's look at that letter. 504 00:26:33,780 --> 00:26:35,840 The letter did not advise the mayor 505 00:26:35,840 --> 00:26:39,640 that she violated the Kissimmee Ethics Code. 506 00:26:39,640 --> 00:26:41,340 Rather, it advised 507 00:26:41,340 --> 00:26:45,880 that accepting the boost may have constituted a prohibited 508 00:26:45,880 --> 00:26:50,880 contractual relationship under Florida Statute Chapter 112. 509 00:26:51,340 --> 00:26:56,340 Those words matter. The advisory opinion stated may have. 510 00:26:56,520 --> 00:26:58,980 It did not say that she violated a code. 511 00:26:59,880 --> 00:27:03,400 Yet the special prosecutor in Article three charges the 512 00:27:03,400 --> 00:27:06,020 mayor with violating the city code 513 00:27:06,020 --> 00:27:09,180 because she did not get, she did not follow that letter. 514 00:27:09,180 --> 00:27:10,720 That just does not fit. 515 00:27:12,340 --> 00:27:14,760 The special prosecutor, prosecutor claims 516 00:27:14,760 --> 00:27:17,520 that the mayor failed to take corrective action. 517 00:27:17,520 --> 00:27:18,580 She said it here today. 518 00:27:18,580 --> 00:27:23,580 But section 30-24 does not use those words. 519 00:27:23,740 --> 00:27:27,240 The special prosecutor wants to call. Sorry. It. 520 00:27:27,240 --> 00:27:31,300 The code does not require special payment, 521 00:27:32,140 --> 00:27:33,860 a payment that's required to go back. 522 00:27:33,860 --> 00:27:37,120 The special prosecutor wants to call an advisory opinion, 523 00:27:37,120 --> 00:27:38,960 an advisory opinion, but let's be clear. 524 00:27:40,040 --> 00:27:42,280 The special prosecutor just told you 525 00:27:42,280 --> 00:27:45,360 that the city attorney did not know about this 526 00:27:45,360 --> 00:27:47,160 until after the fact. 527 00:27:47,160 --> 00:27:50,760 You all know better. She signed the program along 528 00:27:50,760 --> 00:27:52,260 with the city manager 529 00:27:52,260 --> 00:27:54,380 and along with the economic department. 530 00:27:54,380 --> 00:27:55,940 So when you say that she did not 531 00:27:55,940 --> 00:27:58,040 know, you know that's not true. 532 00:27:58,040 --> 00:28:00,360 She know and she failed to advise the, 533 00:28:00,360 --> 00:28:02,720 the mayor as she was supposed to. 534 00:28:04,420 --> 00:28:08,500 Her advice came after the applications, after the votes, and 535 00:28:08,500 --> 00:28:09,820 after the mayor received money. 536 00:28:10,940 --> 00:28:14,540 But the prosecutor has turned a letter raising a possible 537 00:28:14,540 --> 00:28:17,920 state law concern into a claim 538 00:28:17,920 --> 00:28:21,900 that the mayor definitely violated the Kissimmee code. 539 00:28:21,900 --> 00:28:25,620 You have to understand there's a di- distinction. 540 00:28:25,620 --> 00:28:29,660 She's here about the city code, not the state law. 541 00:28:31,200 --> 00:28:34,620 That letter does not support a claim for, 542 00:28:34,620 --> 00:28:36,900 for a separate article of impeachment. 543 00:28:36,900 --> 00:28:39,000 When you look at all three articles 544 00:28:39,000 --> 00:28:40,660 and you consider them together, 545 00:28:40,660 --> 00:28:43,340 the most important questions are unanswered. 546 00:28:43,340 --> 00:28:46,460 One, what rule did the mayor change for herself? 547 00:28:47,300 --> 00:28:49,560 What city employee did she pressure? 548 00:28:49,560 --> 00:28:51,500 What false statements did she make? 549 00:28:51,500 --> 00:28:54,420 And what special exception did she receive? 550 00:28:54,420 --> 00:28:57,020 The articles failed to answer those questions. 551 00:28:58,080 --> 00:29:02,080 Now, rejecting those articles does not mean that the 552 00:29:02,080 --> 00:29:03,980 ethic rules do not matter. 553 00:29:03,980 --> 00:29:07,940 The mayor is not asking to be placed above the law. 554 00:29:07,940 --> 00:29:11,020 She's asking that the law be applied correctly 555 00:29:11,020 --> 00:29:13,300 through a fair process with the benefit 556 00:29:13,300 --> 00:29:16,520 of the decision from the Florida Commission on Ethics. 557 00:29:16,520 --> 00:29:19,940 Again, this commission does have independence, 558 00:29:19,940 --> 00:29:22,060 but it should be exercised that. 559 00:29:22,060 --> 00:29:24,700 I'm sorry, that authority should be exercised carefully. 560 00:29:25,720 --> 00:29:28,340 There is no reason why the city must act first. 561 00:29:30,380 --> 00:29:32,700 The question is properly 562 00:29:32,700 --> 00:29:35,280 before the Florida Commission on Ethics. 563 00:29:37,980 --> 00:29:40,000 If the commission finds that no prohibit- 564 00:29:41,040 --> 00:29:44,160 prohibited conflict existed, 565 00:29:44,160 --> 00:29:48,200 that decision would seriously weaken the claims presented 566 00:29:48,200 --> 00:29:49,680 to you by the prosecutor. 567 00:29:50,640 --> 00:29:53,340 If the commission on ethics finds a violation, 568 00:29:53,340 --> 00:29:56,780 this commission will then have the benefit 569 00:29:56,780 --> 00:29:59,260 of a decision from a state agency 570 00:29:59,260 --> 00:30:00,440 with the experience Experience 571 00:30:00,440 --> 00:30:03,180 and the authority on Florida ethics laws. 572 00:30:04,180 --> 00:30:06,380 The mayor is fully prepared 573 00:30:06,380 --> 00:30:08,640 to reimburse the city if the state 574 00:30:08,640 --> 00:30:12,300 of the Florida commissioner ethics says it was a prohibited 575 00:30:12,300 --> 00:30:13,520 contractual relationship. 576 00:30:14,500 --> 00:30:16,520 Allowing the state agency 577 00:30:16,520 --> 00:30:19,420 to act first does not surrender your authority. 578 00:30:20,320 --> 00:30:24,360 It is a careful and responsible use of that authority. 579 00:30:24,360 --> 00:30:28,060 And it also avoids inconsistent decisions 580 00:30:28,060 --> 00:30:31,140 that we have already seen by these investigations. 581 00:30:33,440 --> 00:30:36,800 The responsible decision is to vote no, 582 00:30:36,800 --> 00:30:38,500 reject the proposed articles, 583 00:30:38,500 --> 00:30:41,040 and permit the Florida Commission on Ethics 584 00:30:41,040 --> 00:30:43,780 to complete its investigation. 585 00:30:43,780 --> 00:30:44,900 Thank you for your time 586 00:30:44,900 --> 00:30:46,281 and thank you for your consideration. 587 00:30:49,181 --> 00:30:51,461 - The presentations haven't concluded. 588 00:30:51,461 --> 00:30:53,821 I will now call for the commissioner's vote. 589 00:30:54,681 --> 00:30:57,841 Do you have a comment, Commissioner Ortiz? 590 00:30:57,841 --> 00:31:00,621 - I don't have any comment. - Commissioner - 591 00:31:02,301 --> 00:31:04,181 - I have any, I have no comments. 592 00:31:04,181 --> 00:31:05,741 - Commissioner Martinez? 593 00:31:07,121 --> 00:31:08,941 - I have a question. Sure. 594 00:31:08,941 --> 00:31:11,561 We're not trying to make a thing, but for the defense part. 595 00:31:12,421 --> 00:31:14,921 So you're referring that the prosecutor is going off in 596 00:31:14,921 --> 00:31:16,801 reference to the Commission on Ethics and State 597 00:31:16,801 --> 00:31:18,821 and you don't want us to take that in consideration 598 00:31:18,821 --> 00:31:21,881 because she has to do it per our charter. 599 00:31:21,881 --> 00:31:23,801 I mean, sorry, per our code. 600 00:31:23,801 --> 00:31:26,061 - Well, your code, we are here. 601 00:31:26,061 --> 00:31:29,801 The prosecutor has alleged violations of your code. 602 00:31:29,801 --> 00:31:32,202 Those codes are clearly listed in her 603 00:31:32,202 --> 00:31:33,782 articles of impeachment. 604 00:31:33,782 --> 00:31:37,222 The Florida, the Florida Statutes Chapter 112, 605 00:31:37,222 --> 00:31:39,802 that is properly before the right agency, 606 00:31:39,802 --> 00:31:41,542 which is the Florida Commission on Ethics. 607 00:31:41,542 --> 00:31:45,522 As you all know, that hearing is to be, is to be, is going 608 00:31:45,522 --> 00:31:47,382 to happen in a few days from now. 609 00:31:47,382 --> 00:31:50,142 - Yeah. But you said that she's going off the commission on 610 00:31:50,142 --> 00:31:51,842 ethics and that's not what she's here for. 611 00:31:51,842 --> 00:31:54,682 She's under the code she should be speaking of. 612 00:31:54,682 --> 00:31:58,162 But you're asking us to make a decision based on the state, 613 00:31:58,162 --> 00:32:00,602 not based on our code. So I'm confused. I'm 614 00:32:00,602 --> 00:32:01,602 - Sorry. 615 00:32:01,602 --> 00:32:03,482 I'm asking to make a decision on the code. 616 00:32:03,482 --> 00:32:04,562 I believe she made a reference 617 00:32:04,562 --> 00:32:08,582 to the Florida Commission on Ethics and the co - I'm sorry. 618 00:32:09,582 --> 00:32:12,022 She made a comment about the Florida Commission on Ethics. 619 00:32:12,022 --> 00:32:14,582 I want to make clear that there is a distinction. 620 00:32:14,582 --> 00:32:16,582 We are here on your code, 621 00:32:16,582 --> 00:32:18,603 not the Florida Commission on Ethics 622 00:32:18,603 --> 00:32:22,203 and the breakdown of the code, the conflict, the disclosure, 623 00:32:22,203 --> 00:32:23,523 and the last - 624 00:32:23,523 --> 00:32:24,523 - Yeah, I understood. 625 00:32:24,523 --> 00:32:25,263 - I - Understood what you were saying, but 626 00:32:25,263 --> 00:32:25,743 what I'm trying - So 627 00:32:25,743 --> 00:32:26,743 - That's what I'm saying. 628 00:32:26,743 --> 00:32:29,203 I'm saying follow the code, not the commission on ethics. 629 00:32:29,203 --> 00:32:30,423 In addition to my argument 630 00:32:30,423 --> 00:32:33,283 that you allow the commission on ethics to deal with 631 00:32:33,283 --> 00:32:34,863 what the true question is, 632 00:32:34,863 --> 00:32:37,963 was this a prohibited contractual relationship, 633 00:32:37,963 --> 00:32:40,283 which is not part of your code? 634 00:32:40,283 --> 00:32:43,723 - And commissioner, if I might add to that, what I said is, 635 00:32:43,723 --> 00:32:46,323 I believe you'll hear an argument 636 00:32:46,323 --> 00:32:48,103 that this matter should be decided 637 00:32:48,103 --> 00:32:49,963 by the commission on ethics. 638 00:32:49,963 --> 00:32:53,003 That's the same argument they already made to the 639 00:32:53,883 --> 00:32:56,923 Sixth District Court of Appeal who bounced it. 640 00:32:56,923 --> 00:32:58,943 I said that's not a valid argument. 641 00:32:58,943 --> 00:33:01,783 The Commission on Ethics doesn't have your 642 00:33:01,783 --> 00:33:04,104 authority to do with your code. 643 00:33:04,104 --> 00:33:07,484 Your code is not before the Commission on Ethics. 644 00:33:07,484 --> 00:33:10,444 You are the only ones who can apply your code. 645 00:33:11,404 --> 00:33:16,024 So this is a, a little bit of 646 00:33:16,024 --> 00:33:18,704 confusion being generated in the record. 647 00:33:18,704 --> 00:33:20,884 The Commission on Ethics is going to do what it's going 648 00:33:20,884 --> 00:33:24,204 to do about state law, no matter what you do. 649 00:33:24,204 --> 00:33:28,204 Only you can follow your code of ethics. 650 00:33:28,204 --> 00:33:29,964 - If, if I could jump in real quick. 651 00:33:29,964 --> 00:33:32,204 Number one, there was no confusion. 652 00:33:32,204 --> 00:33:34,384 Not on the part of the defense. 653 00:33:34,384 --> 00:33:38,084 Number two, the Sixth DCA did not say that is not valid. 654 00:33:39,204 --> 00:33:43,504 Okay? They made no, they made no rulings on the merit. 655 00:33:43,504 --> 00:33:45,744 So that's improper for the prosecutor to say. 656 00:33:47,244 --> 00:33:50,065 - They denied. They - Denied it without a ruling 657 00:33:50,065 --> 00:33:51,085 - On the merits. There's no 658 00:33:51,085 --> 00:33:52,085 - Requirement. 659 00:33:52,085 --> 00:33:53,565 So it's improper that you would make that comment. 660 00:33:54,845 --> 00:33:57,585 - And - My argument was based on - Thank you. 661 00:33:57,585 --> 00:33:58,905 Oh, I appreciate you. Thank you. 662 00:34:00,285 --> 00:34:02,785 - Mayor, I have a question for the city manager. 663 00:34:05,425 --> 00:34:07,685 For grants. It would be city grants, 664 00:34:07,685 --> 00:34:10,325 whatever grants we out there, nonprofits. 665 00:34:10,325 --> 00:34:15,085 What is the process prior to them receiving the grants? 666 00:34:15,085 --> 00:34:16,805 How do they get approved? 667 00:34:19,360 --> 00:34:21,005 - It can vary with the grant, 668 00:34:21,005 --> 00:34:25,225 but primarily the majority of our grants are dealt with 669 00:34:25,225 --> 00:34:27,925 by the economic development department. 670 00:34:27,925 --> 00:34:32,485 So they run the process for both receipt 671 00:34:32,485 --> 00:34:36,706 of the applications, review of the applications, 672 00:34:36,706 --> 00:34:40,606 and then the economic development director underwrites 673 00:34:40,606 --> 00:34:42,746 basically is the underwriter that determines whether 674 00:34:42,746 --> 00:34:45,366 or not they comply with the requirements 675 00:34:45,366 --> 00:34:48,806 of the grant program and, and issues the approval. 676 00:34:48,806 --> 00:34:52,226 - So the economic director actually approves any grants. 677 00:34:53,626 --> 00:34:55,186 Deny them or approve them? 678 00:34:55,186 --> 00:34:59,966 - Yes. - Right. So if grant comes over with 679 00:35:01,120 --> 00:35:04,006 it, we didn't bring out a red flag. 680 00:35:06,306 --> 00:35:08,706 Something will tell you why is it 681 00:35:08,706 --> 00:35:10,326 she, she, that's a conflict. 682 00:35:10,326 --> 00:35:12,546 That's just a conflict. Right. Right. 683 00:35:12,546 --> 00:35:15,186 So it, at my point, my thing is, it could have stopped. 684 00:35:15,186 --> 00:35:18,480 All this could have just been avoided at this point. Right. 685 00:35:19,446 --> 00:35:23,447 So just moving forward, that's my opinion. 686 00:35:23,447 --> 00:35:26,427 I would not be impeaching the mayor. Thank you. 687 00:35:31,387 --> 00:35:35,107 - May as well. I'm not going to impeach the mayor. 688 00:35:36,587 --> 00:35:37,127 Okay. 689 00:35:41,920 --> 00:35:44,927 I call the motion. That's my comment. 690 00:35:45,807 --> 00:35:48,047 - Thank you. Do I have a motion to accept - 691 00:35:48,047 --> 00:35:49,267 - Madam May, Madam Vice Mayor, 692 00:35:49,267 --> 00:35:51,167 before you make that motion, I had a question. 693 00:35:51,167 --> 00:35:52,647 If you allow me to make my comment. 694 00:35:52,647 --> 00:35:55,207 - Sure. - Thank you, Vice Mayor. 695 00:35:58,987 --> 00:36:01,507 So I know that today is not supposed to be an open dialogue. 696 00:36:01,507 --> 00:36:03,847 We're just supposed to accept or not. 697 00:36:03,847 --> 00:36:06,148 Before this motion moves forward, I do want 698 00:36:06,148 --> 00:36:07,948 to tell my fellow commissioners, 699 00:36:09,028 --> 00:36:13,388 this is not determining whether there's guilt or no guilt. 700 00:36:13,388 --> 00:36:15,588 - Object. She is not part of this hearing. 701 00:36:16,448 --> 00:36:18,488 That is improper that she's making comments. 702 00:36:19,388 --> 00:36:23,588 Everybody just made a comment right now. You, 703 00:36:23,588 --> 00:36:26,008 - You should not allow any member 704 00:36:26,008 --> 00:36:28,688 to interrupt any commission member. 705 00:36:28,688 --> 00:36:29,688 That's improper. 706 00:36:31,368 --> 00:36:33,628 - So may I proceed with my statement? 707 00:36:33,628 --> 00:36:34,828 - Yes. - So 708 00:36:37,748 --> 00:36:38,868 let me get back to where I was. 709 00:36:40,708 --> 00:36:42,108 Does anybody remember where I was? 710 00:36:42,108 --> 00:36:45,720 I was so brutally interrupted. Establishing guilt 711 00:36:45,720 --> 00:36:46,720 - Or innocence. 712 00:36:46,720 --> 00:36:49,608 - Yeah. So we're not establishing guilt or innocence. 713 00:36:49,608 --> 00:36:51,568 Now, if, if the defense 714 00:36:51,568 --> 00:36:55,869 and I, I completely agree with Commissioner Alvarez. 715 00:36:55,869 --> 00:36:57,969 If there would've been a caught on this, 716 00:36:57,969 --> 00:36:59,989 we wouldn't be where we are today. 717 00:36:59,989 --> 00:37:02,989 But instead of just pushing this under the rug, 718 00:37:02,989 --> 00:37:04,969 we have a duty to the people. 719 00:37:04,969 --> 00:37:08,449 I believe that if we allow the defense to show us 720 00:37:08,449 --> 00:37:11,709 that we are wrong, we will move forward 721 00:37:11,709 --> 00:37:13,909 and help the mayor stay where she's supposed to be 722 00:37:13,909 --> 00:37:17,169 because the people voted her in and it is the people's will. 723 00:37:17,169 --> 00:37:19,809 But for us to make the determination, 724 00:37:19,809 --> 00:37:21,149 were there funds given out? 725 00:37:21,149 --> 00:37:23,269 Were all this happening and all of that? 726 00:37:23,269 --> 00:37:25,869 I mean, is it factual or not? 727 00:37:25,869 --> 00:37:28,269 Let's allow her to show everybody 728 00:37:28,269 --> 00:37:29,809 that she is innocent and cleared. 729 00:37:30,929 --> 00:37:32,929 So I think we should move forward 730 00:37:32,929 --> 00:37:37,830 and allow the, the attorney to present the case so 731 00:37:37,830 --> 00:37:40,910 that no doubt is out there for anyone. 732 00:37:40,910 --> 00:37:43,550 And we can put a period and move forward. 733 00:37:43,550 --> 00:37:46,990 We are literally looked at as a joke. 734 00:37:46,990 --> 00:37:50,950 In Spanish, we call that. And it's enough. 735 00:37:50,950 --> 00:37:53,230 I really, we are good commissioners. 736 00:37:53,230 --> 00:37:56,450 We are a magnificent board and we do this for the people. 737 00:37:56,450 --> 00:37:58,590 So it is time that we actually show them 738 00:37:58,590 --> 00:38:00,390 that this is their seat. 739 00:38:00,390 --> 00:38:02,570 Allow the process to move forward. 740 00:38:02,570 --> 00:38:04,790 Allow the defense to do their part. 741 00:38:04,790 --> 00:38:06,410 Allow the prosecutor to do her job. 742 00:38:06,410 --> 00:38:08,750 We spent thousands of dollars 743 00:38:08,750 --> 00:38:11,650 because we said, let's go forth. 744 00:38:11,650 --> 00:38:15,070 So let's go forth. Why now? 745 00:38:15,070 --> 00:38:16,710 Who's going to reimburse us for all the money 746 00:38:16,710 --> 00:38:19,490 that we just spent to get the truth? 747 00:38:19,490 --> 00:38:21,610 Let us get the truth. Give the people the truth. 748 00:38:21,610 --> 00:38:25,411 That is what's fair. That is what's right. Thank you. 749 00:38:25,411 --> 00:38:27,171 That's the end of my comment. 750 00:38:27,171 --> 00:38:29,951 - Thank you. You want to make a comment? 751 00:38:29,951 --> 00:38:32,631 - Yes. - You're recognized. 752 00:38:32,631 --> 00:38:34,851 - Yes. Thank you. 753 00:38:34,851 --> 00:38:36,931 I do believe like this process 754 00:38:39,151 --> 00:38:42,611 we cannot judge our mayor 755 00:38:42,611 --> 00:38:44,451 because never was a guideline here. 756 00:38:47,291 --> 00:38:49,851 Just so you know, we don't have 757 00:38:50,851 --> 00:38:54,971 the right orientation in part of the decision. 758 00:38:54,971 --> 00:38:56,651 We made decisions. 759 00:38:56,651 --> 00:38:58,251 When we approve this grant, 760 00:39:01,871 --> 00:39:05,871 all of us disapprove about how 761 00:39:05,871 --> 00:39:09,012 the money was approved. 762 00:39:09,012 --> 00:39:12,712 That was something who was responsibility 763 00:39:12,712 --> 00:39:15,712 of the city. 764 00:39:16,672 --> 00:39:19,172 - Yeah, but it's the commissioner's responsibility to say, 765 00:39:19,172 --> 00:39:22,412 like I do, Form 8B, I have a conflict of interest 766 00:39:22,412 --> 00:39:23,892 because Lasandra Roman. 767 00:39:23,892 --> 00:39:27,052 So we are responsible for also saying our part. 768 00:39:27,052 --> 00:39:29,252 We, we don't know what's in everybody else's head, 769 00:39:29,252 --> 00:39:32,112 but again, let the process happen. 770 00:39:32,112 --> 00:39:34,812 I think we spent over $25,000. 771 00:39:34,812 --> 00:39:36,792 A city attorney, am I correct? 772 00:39:36,792 --> 00:39:40,632 - Over - $25,000 of taxpayer money has already been spent. 773 00:39:40,632 --> 00:39:42,312 That's not even including the tab for today. 774 00:39:43,672 --> 00:39:46,572 So let's just make our money be counted and heard for. 775 00:39:46,572 --> 00:39:49,652 If it, if it's a no, I promise you, I promise this, 776 00:39:49,652 --> 00:39:52,832 I promise everyone in front of God, if the proof 777 00:39:52,832 --> 00:39:54,213 of the burden is accurate, 778 00:39:54,213 --> 00:39:56,573 I promise you I'm going to do what's right. 779 00:39:56,573 --> 00:39:58,753 Because it's not her fault that if it wasn't right 780 00:39:58,753 --> 00:40:00,753 that somebody should have stopped it. 781 00:40:00,753 --> 00:40:02,933 But it is my responsibility to tell people 782 00:40:02,933 --> 00:40:04,393 or my board how I'm going 783 00:40:04,393 --> 00:40:06,193 to act if I know I'm going to act on an item. 784 00:40:07,133 --> 00:40:09,733 So I just say, allow us to move forward. 785 00:40:09,733 --> 00:40:11,373 Let's make the motion to move forward 786 00:40:11,373 --> 00:40:13,213 and let's just put a period to it. 787 00:40:13,213 --> 00:40:14,753 Transparency. 788 00:40:14,753 --> 00:40:17,493 That's what we said when we knocked on doors, when we went 789 00:40:17,493 --> 00:40:20,093 to people and asked them for a vote of confidence. 790 00:40:20,093 --> 00:40:23,473 Be transparent. This is our one time out of all of this mess 791 00:40:23,473 --> 00:40:25,053 that's happened that we can open the door 792 00:40:25,053 --> 00:40:26,673 and say, all right, let's do it. 793 00:40:26,673 --> 00:40:29,733 Yes, there's not a clear process. Yes. 794 00:40:29,733 --> 00:40:32,073 I was expecting that we were going to have at least a date 795 00:40:32,073 --> 00:40:33,833 to know when we're going to move forward. 796 00:40:33,833 --> 00:40:36,793 As I was looking through the, the, the code, it said 797 00:40:36,793 --> 00:40:38,373 that there was three months. 798 00:40:38,373 --> 00:40:40,414 It could be up to three months that this can take. 799 00:40:40,414 --> 00:40:42,754 But allow it. Let them prepare, bring their evidence, 800 00:40:42,754 --> 00:40:44,954 show their proof, bring their witnesses, whatever it is 801 00:40:44,954 --> 00:40:47,694 that they have to do, and put the burden on the right 802 00:40:47,694 --> 00:40:48,794 people that made the mistake. 803 00:40:51,994 --> 00:40:56,434 - Thank you. How much more is that going to cause this? 804 00:40:59,334 --> 00:41:00,654 - It's, it's - Dead. 805 00:41:02,720 --> 00:41:05,974 - This improper right now. Object to the form. 806 00:41:05,974 --> 00:41:07,094 This is what I'm talking about. 807 00:41:07,094 --> 00:41:09,334 The fairness of the law says. Okay, can we. 808 00:41:14,274 --> 00:41:16,680 Order. Order. It's out of order right now. 809 00:41:19,874 --> 00:41:20,874 No, you're out of order. 810 00:41:25,560 --> 00:41:27,535 - Right, right. Right - Now. 811 00:41:27,535 --> 00:41:31,375 - Can we stay quiet? There's no public 812 00:41:31,375 --> 00:41:32,520 - Comment. 813 00:41:32,520 --> 00:41:36,815 Hold on just a minute. I'm recognizing 814 00:41:36,815 --> 00:41:38,535 the city attorney right now. 815 00:41:38,535 --> 00:41:42,695 - At this point in the process, can you ask for a motion? 816 00:41:42,695 --> 00:41:43,695 Yes. 817 00:41:45,695 --> 00:41:50,435 - I have a motion to accept the articles of impeachment 818 00:41:50,435 --> 00:41:53,415 as presented by the special prosecutor. Don't a motion. 819 00:41:54,255 --> 00:41:58,415 - Motion to accept. - Second. All those in favor? 820 00:41:59,575 --> 00:42:02,135 - We need to vote. It's okay. 821 00:42:03,315 --> 00:42:05,135 This is roll call to accept the articles 822 00:42:05,135 --> 00:42:08,135 of impeachment presented by the special prosecutor. 823 00:42:08,135 --> 00:42:12,856 Commissioner Alvarez. Commissioner Martinez. 824 00:42:12,856 --> 00:42:17,816 - Aye. - Commissioner Ortiz. Commissioner Eady. 825 00:42:21,196 --> 00:42:24,936 Two have voted in favor and two have voted opposed. 826 00:42:24,936 --> 00:42:27,016 The motion fails for a lack of a majority. 827 00:42:37,676 --> 00:42:40,416 - Now we will call for an adjournment to this meeting. 828 00:42:40,416 --> 00:42:42,976 - Yes. - Second. All those in favor?