Contact:
John St. Croix
(415) 252-3100
For release: July 13, 2012
INTERIM RULINGS MADE BY ETHICS COMMISSION AT ITS JUNE 28 and 29, 2012 MEETINGS
At the June 28 and 29, 2012 sessions of its continuing special meeting, the San Francisco Ethics Commission continued the evidentiary phase of the hearing on the charges of official misconduct pending against Sheriff Ross Mirkarimi. The Commission made the following interim rulings regarding the documentary evidence received as of June 28, 2012 in the matter (chart begins on next page – rulings made on June 28 and 29 appear in italic text). These interim rulings are subject to reconsideration or confirmation prior to the Commission’s deliberations to formulate its recommendations to the Board of Supervisors as required under Charter section 15.105.
The Commission continues its hearing on this matter on July 18, 2012 at 5:00 P.M. in Room 416 City Hall, on July 19, 2012 at 5:00 P.M. in Room 416 City Hall, and on August 16, 2012 at 9 A.M. in Room 263 City Hall.
Interim rulings of the Ethics Commission as of its June 28 and 29, 2012 meetings
(Rulings made on June 19, 2012 are set forth in regular text;
rulings made on June 28 and 29, 2012 are set forth in italic text.
“Tab” refers to the location of the document in the Ethics Commission’s binders.)
| Tab | Mayor’s Witnesses | Declaration | Exhibit(s) |
|---|---|---|---|
| 29 | Mayor Edwin M. Lee | No objections submitted. Declaration is admitted. | None. |
| 30 | Callie Williams | Objections sustained as to ¶4, ¶9 lines 5-11 (“Eliana described…with her.”), ¶11, ¶13, and ¶19, page 5 line 25 – page 6, line 1 (“I texted…attached as Exhibit 2.”). ¶¶1-3, 5-10, 12, 14-20 otherwise admitted. |
Objections sustained as to Mayor’s Exhibit 2; Mayor’s Exhibits 1 and 3 are admitted. |
| 31 | SFPD Inspector Richard Daniele | Objections sustained as to ¶¶27-32. Declaration is otherwise admitted. June 28: Commission overrules objections to ¶¶27-31. ¶¶27-31 are admitted. |
Objections sustained as to Mayor’s Exhibit 7. Mayor’s Exhibits 5 and 6 are admitted. Mayor’s Exhibit 4 is admitted. Because ¶31 is admitted, Mayor’s Exhibit 7 is admitted. |
| 32 | Interim SF Sheriff Vicky Hennessey | Objections overruled. Declaration is admitted. | Objections overruled – Mayor’s Exhibits 8-28 are admitted. |
| 34 | San Francisco Chief Probation Officer Wendy Still | Objections sustained as to ¶¶1-18, 25 ¶26, first sentence, and ¶28. ¶¶19 – 24, 26 and 27 otherwise admitted. |
Objections sustained as to Mayor’s Exhibits 29-35; Mayor’s Exhibits 36-41 are admitted. |
| 36 | Deputy Chief of Staff Paul Henderson | Objections sustained. Declaration is excluded. | Objections sustained – Mayor’s Exhibits 42-46 are excluded. |
| 41 | Christine Flores | No written objections received yet from Sheriff to official transcripts of evidentiary hearing in which Ms. Flores testified and was cross-examined. | |
| 49 | Ivory Madison | Oral objections sustained as to ¶5, lines 9-10 (“including…salary”), ¶6 except first sentence, ¶¶7-10, ¶11 lines 22-23 (“and this…abusive”), ¶12, lines 7-8 (“I was…still am.”), ¶13, lines 18-20 (“I asked…his career.’”), ¶14, lines 2-3 on p age 7 (“My impression…ready to do.”), ¶15, lines 14-16 (“She brought…this threat.”), ¶16 lines 20-24 (“I did not…poor advice”), ¶17, and ¶18 line 11 (“but as she knew”) and lines 12-21 (“Since I knew…very sad.”). ¶¶1-18 otherwise admitted. June 28: Objections sustained as to ¶23, p. 10, lines 4-6 (“She seemed… the police”); lines 6-7 (“She also…and Theo”), ¶24, lines 11-14 (“Throughout…for Sheriff”), ¶26, p.10, line 27 through p. 11, line 8 (“When I read…several days”), ¶29, line 5 (“who are…like your husband”) (replacing language with an ellipsis), ¶33, p. 13, line 1 “Eliana does…quickly, so”), ¶35, lines 7-9 (“, which I assumed…unlikely to me.”), ¶36, ¶37, p. 14, lines 21-22 (“Eliana understood…her wishes.”), ¶40, p. 17, lines 3-5 (“and it was clear…she was referring to,”), ¶43, page 18, lines 1-2 (“and it was obvious…against Ross.”), ¶44, ¶45, ¶46, except lines 9-14 (“but due primarily…to defend him), ¶47, lines 2-5 (“I find…to be absurd.”), ¶49, except p. 21, lines 20-22(“my work,…company,”; lines 26-28 “”It also had … untrue, but”; p. 22, line 1 (“Eliana”), lines 1-6 (“actively encouraged me…abuse and threat.”) ¶¶19-49 otherwise admitted. |
Oral objections sustained as to Mayor’s Exhibit 47. Mayor’s Exhibits 48-60 are admitted; Mayor’s Exhibit 61 is excluded. |
| 50 | Abraham Mertens | Objections sustained as to ¶¶6-9 ¶13, line 17 (“Since I was …with Theo.” ¶20, lines 7-8 (“, and I have…Callie either.) ¶¶21-28 ¶¶1-20 otherwise admitted. |
Mayor’s Exhibit 62 is excluded. |
| 55 | Nancy K.D. Lemon (expert) | The parties to meet and confer regarding the Sheriff’s objections and provide stipulation by July 17, 2012. | |
| 56 | San Diego Chief of Police William Lansdowne (expert) | No objections submitted. Declaration is admitted. | Mayor’s Exhibits 76 and 77 are admitted. |
| Tab | Mayor’s Additional Exhibits | Objection(s) Filed | |
|---|---|---|---|
| 59 | Exhibits 78-79 | None | Admitted |
| 60 | Exhibits 80-81 | None | Admitted |
| 67 | Exhibits 82-83 | None | Admitted |
| Tab | Sheriff’s Witnesses | Declaration | Exhibit(s) |
|---|---|---|---|
| 27 | Emin Tekin | No objections submitted. Declaration is admitted. | Sheriff’s Exhibit A is admitted. |
| 28 | Linnette Peralta Haynes | All objections overruled. Declaration is admitted. | None. |
| 42 | Lenilyn DeLeon | Objections sustained as to ¶5 lines 5-6 (“Usually,. . . and know.”), ¶6 (“When . . . withdrawn.”), and ¶¶2-4, page 2 (“Theo began . . . bad for them.”). Declaration is otherwise admitted. |
None. |
| 43 | Supervisor Ross Mirkarimi | Objections as to ¶20 “or my wife” sustained. ¶¶1-21 otherwise admitted. |
None. |
| 52 | Former Sheriff Michael Hennessey (expert) | Objections sustained at to page 2, first and second full paragraphs (“I am aware…the office.”) Remainder of declaration is admitted. | None. |
| 68 | Eliana Lopez | The Mayor’s objections, if any, are due July 10, 2012. |
| Tab | Sheriff’s Additional Exhibits | Objection(s) Filed | |
|---|---|---|---|
| 61 | Hallinan v. State Bar of California, 65 Cal.2d 447 (1966) | The Mayor filed objections on June 25, 2012, at Tab 64. | Excluded |
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The Ethics Commission, established in November 1993, serves the public, City employees and officials and candidates for public office through education and enforcement of ethics laws. Its duties include: filing and auditing of campaign finance disclosure statements, lobbyist and campaign consultant registration and regulation, administration of the public financing program, whistleblower program, conflict of interest reporting, investigations and enforcement, education and training, advice giving and statistical reporting.
S:\Commission\Meeting Summaries\2012\6.28&29.12 interim rulings.doc