TOM FIEDLER Herald Political Editor

Declaring "the people have the right to get what they ask for," Gov. Lawton Chiles said Wednesday he will allow Hialeah Mayor Raul Martinez to reoccupy City Hall, just hours after voters handed the convicted felon a narrow re-election.

The governor said he will abide by the electorate's choice as long as Martinez remains free while appealing his 1991 conviction on six federal corruption charges.

"The people of Hialeah elected Mr. Martinez during his suspension from office, and the electors were made fully aware of his indictment, his suspension from office, his conviction and his appeal of that conviction," the governor said in a two- page statement.

"I will not usurp the power and authority of the citizens of Hialeah by setting aside their decision."

Chiles admitted that he had to "grapple" with two conflicting principles: the voters' right to choose their leaders and his need to demonstrate that public officeholders "are not above the law." Finally, he sided with the former.

"The people of Hialeah have elected a mayor; so be it," he said.

Despite Martinez's indictment for taking favors from developers and his subsequent conviction, Florida courts ruled last month that he could run for re-election pending the appeal. He defeated former state Rep. Nilo Juri on Tuesday by 273 votes, forcing Chiles to act.

The mayor's critics argued that, for moral and legal reasons, Chiles should not allow Martinez to resume his mayoral duties after a swearing-in ceremony Friday.

"I might understand this in a few weeks," Juri said of Chiles' decision, "but I don't understand it tonight. . . . How can any parent go to a child and say, 'That crook that I elected is the chief of the chief of police.' "

Martinez refused comment to The Miami Herald. His lawyer, Evelyn Greer, said legal precedents abound supporting the argument that the 1990 suspension order expired with the election.

"Wrongdoing in one term does not carry over into the next," she said. "We felt fairly comfortable in believing that if Raul won, he could serve. Clearly we looked at this before he embarked on this course."

Chiles faced some tricky political decisions as well. For one, Martinez -- who, like Chiles, is a Democrat -- remains one of the most popular figures in South Florida's Hispanic community.

To block Martinez could hurt the governor's 1994 re- election bid.

Dade Democratic Party Chairman Joe Geller insisted Chiles' decision wasn't politically motivated. "He doesn't do things because he thinks he has political advantage to be gained. I think personal political considerations didn't play a part."

The governor also found some sympathy among Republicans.

Metro-Dade Commission Chairman Arthur Teele said Chiles was in a no-win situation. By not suspending Martinez again, "the editorial boards will jump all over him," Teele said.

But if he had suspended Martinez immediately after the election, he would be accused of thwarting the will of voters, the chairman added. This view would be especially widespread among Hispanics and blacks, who often believe the white majority uses executive authority to hurt their leaders, Teele said.

"This issue was settled with Adam Clayton Powell," he said.
Powell was a black congressman from Harlem who was convicted of corruption, but still re-elected.

When fellow House members refused to let Powell take his seat, Powell fought the case to the Supreme Court, eventually winning. The Supreme Court ruled that the voice of voters was decisive in such cases.

In the democratic process, Teele said voters stand at the top of the hierarchy and their wishes should be respected.

"It's prudent for Chiles to look at the mandate of the voters and reserve judgment until the courts have ruled," said Teele.

Other Republicans agreed that Chiles' course was the politically prudent one.

"There is going to be a segment of our society who says, 'This is terrible. How could this happen?'," said state Rep. Luis Rojas, R-Hialeah. "But if (Chiles) does take him out, he will hurt himself among Cuban Americans."

Herald staff writers Terry Neal and Mark Silva in Tallahassee and Betty Cortina in Hialeah contributed to this report.