Ethics Commission
City and County of San Francisco

Press Release – August 2, 2012 – Interim Rulings Made by Ethics Commission at its July 18 and 19, 2012 Meetings

Contact:
John St. Croix
(415) 252-3100

For release: August 2, 2012

INTERIM RULINGS MADE BY ETHICS COMMISSION AT ITS JULY 18 AND 19, 2012 MEETINGS

At the July 18 and 19, 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 July 18, 2012 in the matter (chart begins on next page – rulings made on July 18 and 19 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 August 16, 2012 at 9 A.M. in Room 263 City Hall.      

Interim rulings of the Ethics Commission as of its July 18 and July 19, 2012 meetings

(Rulings made on June 19, 28 and 29, 2012 are set forth in regular text;
rulings made on July 18 and 19, 2012 are set forth in italic text.
“Tab” refers to the location of the document in the Ethics Commission’s binders.)

TabMayor’s WitnessesDeclarationExhibit(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.
¶9 lines 7-11 (“Eliana told me…with her.”) 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

Oral objections heard and considered on July 19, 2012.  Objections overruled.  Official transcripts of evidentiary hearing in which Ms. Flores testified and was cross-examined are admitted to the extent that they are relevant to helping the Commission determine the severity of the conduct on December 31, 2011and to the extent that they impeach the Sheriff’s testimony.

None.

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)

Objections sustained as to:
¶4, line 27, bullet point vi (“Mr. Mirkarimi … unreformed batterer.”),
¶4, page 3, lines 1-2, bullet point vii (“Sheriff Mirkarimi … domestic violence.”),
¶¶64-75,
¶¶ 82-86,
¶¶ 95-96, 128,
¶135, lines 23-25 (“Ms. Williams reported … safety until 1/4/12. (Id.)”),
¶¶142, 158, 160, 164-183,
¶¶ 185-190
The Lemon declaration is otherwise admitted.

Mayor’s Exhibit 75 is excluded.  Mayor’s Exhibits 63-74 are admitted.

56

San Diego Chief of Police William Lansdowne (expert)

No objections submitted.  Declaration is admitted.

Mayor’s Exhibits 76 and 77 are admitted.

71

Mayor’s Rebuttal Witness – Inspector Mike Becker, SFPD

Commission determined that it was not necessary to receive live testimony from Inspector Becker.

Mayor’s Exhibits 84 and 86 are admitted; Mayor’s Exhibits 85 and 87 are excluded.

TabMayor’s Additional ExhibitsObjection(s) Filed 

59

Exhibits 78-79

None

Admitted

60

Exhibits 80-81

None

Admitted

67

Exhibits 82-83

None

Admitted

TabSheriff’s WitnessesDeclarationExhibit(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

Objections sustained as to
¶5, page 2, lines 1-3 (“and that Ivory … were privileged.”),
¶6, line 7 (“and that her … an attorney”)
¶7, lines 10-11 (“Ivory dispensed … to me.”)
¶10, page 3, lines 1-2 (“I believed Ivory Madison.”),
¶12,
¶13, page 3, lines 22-24 (“because this had … woman for him.”), line 25 (“Ivory ignored me.”), lines 25-26 (“as my attorney,”), line 28 – page 4, line 1 (“Ivory did not listen to me.”), lines 1-2 “That was the only statement that stopped her, and”),
¶14, lines 11-13 (“Perhaps Callie … about custody.”)
¶15, lines 14-17 (“Callie Williams declared … December 31, 2011.”), lines 18-23 (“Finally, contrary … thoughts – Callie.”)
¶16, page 4, line 25 – page 5, line 1 (“I believed, … and development.”
¶17,
¶19, lines 12-13 (“Ms. Haynes is … counselor and”)
¶24, lines 1-3 (Ross was not … the video.”)
¶25, lines 5-16 (In fact her … custody of Theo.”),
¶26,
¶28, line 26 (“a better and better parent to Theo”)

Sheriff’s Exhibits 1-4 are excluded.

73

Sheriff’s Request for Impeachment Testimony

Denied.

 
TabSheriff’s Additional ExhibitsObjection(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\7.18&19.12  interim rulings.doc

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