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Armando Martinez
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The Attorney General's Office defines all law enforcement officers as "officers" in its Dual
Office-Holding Pamphlet.
"It is the powers that a law enforcement officer may exercise, particularly the authority to arrest
without a warrant and to carry firearms in carrying out his duties, not the salary or certification
requirements, that characterize the law enforcement officer as an 'officer,' " the pamphlet reads.
The consequences of dual office-holding, according to Attorney General press secretary Jennifer
Krell Davis, is "resignation of the first" office, which was excerpted from the pamphlet in an e-
mail from her office.
It is not clear which position "the first" refers to, in this case.
Martinez said his position, city manager/director of public safety, was created specifically for
him so he could keep his law enforcement credentials through FDLE.
"I was being considered in several other places," he said. "Most of my career is in law
enforcement, so I didn't want to give that up."
City Commissioner Elbert Tucker said in a phone interview Friday that he asked the commission
to take away Martinez's public safety director designation during the past budget session
because it costs the city an extra $5,000 in workers' compensation, in addition to the $6,000
hazard pay he receives. He said, "it's aggravating," that the city doles out about $11,000 a year to
have Martinez respond to a handful of calls.
Martinez was hired as police chief in January 2007 and accepted the position as administrator in
October 2008. Martinez set his own salary and extra compensation when he was hired, and City
Attorney Sid Nowell told commissioners then that he worked those terms into his contract.
Afterward, the contract was unanimously approved.
Nowell did not return phone messages left on his cell phone Friday.
"The hazardous pay is a result of him responding to calls and being involved in crime scenes,"
according to an e-mail sent by City Clerk Dan Davis in response to reporter questions.
City commissioners Daisy Henry and Jimmy Flynt said they'd rather have Martinez carry a gun
and assist calls than not, but Henry said if it goes against Florida law, she's prepared to do
whatever is necessary.
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