FPPC: ‘insufficient evidence' against Martinez

The California Fair Political Practices Commission recently wrapped up its investigation into Porterville City Councilman Felipe Martinez’s role in selling a card room license to the Tule River Tribe, and determined there is not enough evidence to find he violated any conflicts of interest.

The investigation centered on two complaints filed against Martinez by two Porterville residents, who claimed that in 2007, the councilman voted on a handful of issues concerning the tribe and gambling after he made $10,000 for finding a buyer for a card room license.

While a spokesman for the FPPC would not comment on the specific case, a letter sent to both Martinez and the filers states: “The FPPC found insufficient evidence to show that [Martinez] did make, participate in making, or influence a governmental decision where [Martinez] had an economic interest in violation of the conflict of interest sections of the [Political Reform] Act.”

The letter will be available for the public to read starting Monday, on the “Enforcement” section of the FPPC Web site, www.fppc.ca.gov.

The FPPC was formed with the adoption of the Political Reform Act, to regulate campaign financing and spending, financial conflicts of interest and lobbyist registration and reporting. It based its findings on information provided by those alleging the conflict of interest and Martinez himself.

One of the filers, Greg Shelton, said he will protest the decision if there is an appeal process.

“It does not clear [Martinez]. It simply states that using the narrow guidelines of the FPPC, there’s insufficient evidence,” Shelton said. “[Martinez] found some sort of loophole.”

In November 2007, Martinez confirmed that he had received payment for acting as a broker for the sale of a card room between James L. Podergois and the Tule River Tribe. In addition to owning the card room license, Podergois was also a business partner of the wife of David Gonzales, the owner of the Brickhouse Bar and Grill.

Shelton has repeatedly referred to a handful of “conflicting interest” city council items that Martinez voted on, such as a city ordinance concerning card room regulations, and a grant application for the tribe to receive continued funding for police and fire staff.

Martinez did excuse himself from voting on at least two items concerning the Brickhouse.

In its letter, the FPPC explains that the fee Martinez earned in brokering the sale came solely from David Gonzales.

“[Martinez’s] economic interest is David Gonzales. The governmental decisions noted in the complaint do not directly or indirectly involve David Gonzales; therefore were find no violation.”

Shelton said that he filed the complaint based on the myriad of ethics training classes he has taken as a member of various city agencies and as a grand jury member.

“I do not like corrupt politicians,” he said. “I do not care who it is. This comes nowhere close to what I’m being taught.”
Martinez, however, stands by the impartial decision of the FPPC.

“It’s like when you’re driving in a straight line in front of a police officer. Once the officer passes you, you feel relief,” he said. “I think everybody would be in the same boat.”

He called the accusations and the subsequent investigation “gut wrenching,” but said he understands being a politician often means withstanding criticism.

“Certain things were said at that time,” Martinez said. “People jumped on the bandwagon without learning all the information.”

-- Contact Jenna Chandler at 784-5000, Ext. 1050, or jchandler@portervillerecorder.com.