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Press Release – August 1, 2012 – Summary of Actions Taken at July 18 and 19, 2012 Meetings


John St. Croix
(415) 252-3100

For release: August 1, 2012


At its special meetings on July 18 and 19, 2012, 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 took the following interim actions:

  • Heard testimony from and asked questions of the following live witnesses:  Linnette Peralta Haynes and Eliana Lopez;
  • With respect to the declarations filed by the Mayor’s and the Sheriff’s witnesses, the Commission preliminarily sustained, modified or overruled various objections by the parties (these rulings will be detailed in a subsequent document);
  • Determined that it would not be necessary to receive live testimony from the Mayor’s rebuttal witness, Inspector Mike Becker, SFPD;
  • Denied the Sheriff’s request for the issuance of subpoenas for witnesses to impeach the credibility of the Mayor;  
  • Approved the following schedule:
Due Date Item
August 6, 2012
  • The parties to exchange findings of fact related to paragraphs 6-8, 19-24, 26, and 30 of the Amended Charges of Official Misconduct.
  • Each party may include up to five additional facts with supporting evidence to prove their case.
August 10, 2012
  • The parties to jointly submit (in pdf and Microsoft Word format) a 3-column chart setting forth the parties’ positions on the proposed findings of fact, with citations to evidence.  A sample chart is attached hereto as Exhibit A.
  • The parties to submit briefs, limited to 25 pages each,  which should include each party’s position on the proper construction of Charter section 15.105’s definition of official misconduct.
August 16, 2012 Ethics Commission meeting (9 a.m., Room 263 City Hall) 

  • The parties are permitted to make oral closing arguments, which may cover both factual and legal questions at issue and which will be limited to 45 minutes each.  The Mayor shall present first.  The Mayor may elect to reserve some of his 45 minutes for rebuttal.
  • The Commission may then question the parties on the legal or factual issues. 
  • The Commission will then take public comment on all issues relating to this continuing special meeting, including the interim rulings adopted by the Commission during the course of the special meeting
  • The Commission may then deliberate and vote on whether to recommend to the Board of Supervisors that the charges against the Sheriff be sustained.

This special meeting will continue on Thursday, August 16, 2012 at 9 a.m. in Room 263 City Hall.     

Exhibit A

  Findings of Fact Mayor’s Position and Evidence in Support Sheriff’s Position and Evidence in Support
Between November 8, 2011, and January 8, 2012, SHERIFF MIRKARIMI had the duty and the power in his official capacity as Sheriff-Elect to work with the Sheriff’s Department and its officials to prepare himself to assume the full duties of Sheriff.  SHERIFF MIRKARIMI also had the duty and the power as Sheriff-Elect to represent the Sheriff’s Department to the public.  SHERIFF MIRKARIMI exercised those official powers [Amended Charges, Para 6]. Agree.  Mirkarimi Tr. at 222:12-22; Landsdowne Decl. Para __ 
[Note to parties—the positions and citations are made up and have been included solely to indicate to you the expected format.]
Agree as to everything except last sentence.  Mirkarimi Tr. at 222:5-224:12.
[Note to parties—the positions and citations are made up and have been included solely to indicate to you the expected format.] 
[Amended Charges Para 7]    
[Amended Charges Para 8]    
[Amended Charges Para 19]    
[Amended Charges Para 20]    
6 [Amended Charges Para 21]    
[Amended Charges Para 22]    
[Amended Charges Para 23]    
[Amended Charges Para 24]    
10  [Amended Charges Para 26]    
11  [Amended Charges Para 30]    
12  [Mayor’s Fact #1]    
13  [Mayor’s Fact #2]    
14  [Mayor’s Fact #3]    
15  Mayor’s Fact #4]    
16  Mayor’s Fact #5]    
17  [Sheriff’s Fact #1]    
18  [Sheriff’s Fact #2]    
19  [Sheriff’s Fact #3]    
20  [Sheriff’s Fact #4]    
21  [Sheriff Fact #5]    


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\7.18 & 7.19.12.doc

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