City and County of San Francisco
Ethics Commission

English

Minutes of the Special Meeting of
The San Francisco Ethics Commission
August 16, 2012
Room 263, City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

The complete court reporter’s transcript of the August 16, 2012 special meeting has been posted on the Commission’s website.  A copy of the transcript is also available for review at the Commission office during regular business hours.

I. Call to order and roll call

Chairperson Hur called the meeting to order at 9:08 a.m. 
  
COMMISSION MEMBERS PRESENT:  Benedict Y. Hur, Chairperson; Jamienne S. Studley, Vice-Chairperson; Beverly Hayon, Commissioner; Dorothy S. Liu, Commissioner; Paul A. Renne, Commissioner.

STAFF PRESENT:  John St. Croix, Executive Director; Mabel Ng, Deputy Executive Director; Catherine Argumedo, Investigator (excused at approximately 2:00 p.m.); Garrett Chatfield, Investigator (arrived at approximately 2:00 p.m.)

COUNSEL FOR THE ETHICS COMMISSION: Scott Emblidge.

COUNSEL FOR THE MAYOR:  Peter J. Keith, Deputy City Attorney (DCA), Sherri S. Kaiser, DCA.

OTHERS PRESENT: Sheriff Ross Mirkarimi; Shepard S. Kopp, counsel for Sheriff Mirkarimi; David Waggoner, counsel for Sheriff Mirkarimi; and other unidentified members of the public.

MATERIALS DISTRIBUTED: 

• Written Charges of Official Misconduct, filed March 21, 2012.
• Memorandum from the Office of the City Attorney re: Legal Counsel for Ethics Commission and Board of Supervisors for Official Misconduct Charges, dated April 12, 2012.
• Staff Memorandum re: Recommendations on hearing on charges of official misconduct, dated April 17, 2012.
• Letter to the Ethics Commission and City Attorney from David Waggoner and Shepard Kopp, Counsel for Sheriff Mirkarimi, re: Agenda for April 23, 2012 meeting, including correspondence with Deputy City Attorney Keith, dated April 23, 2012.
• Memorandum from DCA Keith and DCA Kaiser, Counsel for the Mayor, re: Hearing on Charges of Official Misconduct Against Sheriff Ross Mirkarimi, dated April 23, 2012.
• Press Release – April 24, 2012 – Summary of Actions Taken at April 23, 2012 Meeting.
• Mayor Lee's Opening Brief on the Issues Specified by the Ethics Commission, dated April 30, 2012.
• Mayor's Initial List of Fact Witnesses, dated April 30, 2012.
• Letter to the Ethics Commission from the City Attorney, re: Sheriff Mirkarimi's Duty to Cooperate with the Official Misconduct Investigation and the Role of the Ethics Commission in that Investigation, dated April 30, 2012.
• Mayor's Initial List of Subject-Matter Expert Witnesses, dated May 7, 2012.
• Sheriff Ross Mirkarimi's Opening Brief, dated May 7, 2012.
• Sheriff Ross Mirkarimi's List of Potential Fact Witnesses, dated May 10, 2012.
• Mayor's Supplemental Disclosure of Subject-Matter Expert Witnesses, dated May 10, 2012.
• E-mail from David Waggoner to Scott Emblidge, Request for Protective Order, dated May 15, 2012.
• Request for Protective Order, dated May 15, 2012.
• E-mail from Sherri Kaiser to Scott Emblidge, Request for Protective Order — Court papers, dated May 15, 2012.
• Order Granting Third-Party Movant City and County of San Francisco's Motion for Release of Court Record, dated May 15, 2012.
• Third-Party Movant City and County of San Francisco's Memorandum of Points and Authorities in Support of Motion for Release of Court Record, dated April 23, 2012.
• Ms. L.'s Opposition to Third Party Movant City and County of San Francisco's Motion for Release of Court Record, dated May 10, 2012.
• Reply of Third-Party Movant City and County of San Francisco to Ms. L.'s Opposition to Motion for Release of Court Record, dated May 14, 2012.
• E-mail from Sherri Kaiser to Scott Emblidge, E-mail alerting Paula Canny to Sunshine Requests, dated May 15, 2012.
• E-mail from Scott Emblidge to David Waggoner, RE: Request for Protective Order, dated May 15, 2012.
• E-mail from Sherri Kaiser to Scott Emblidge, Re: Request for Protective Order, dated May 15, 2012.
• E-mail from David Waggoner to Scott Emblidge, Re: Request for Protective Order, dated May 15, 2012.
• E-mail from Peter Keith to Scott Emblidge, Further information about today's hearing, dated May 15, 2012.
• E-mail from Scott Emblidge to Attorneys, RE: Request for Protective Order, dated May 15, 2012.
• E-mail from Sherri Kaiser to Scott Emblidge, Re: Request for Protective Order, dated May 15, 2012.
• E-mail from David Waggoner to Scott Emblidge, Re: Further information about today's hearing, dated May 15, 2012.
• E-mail from Scott Emblidge to Attorneys, Re: Request for Protective Order, dated May 15, 2012.
• Mayor's Response to Sheriff's Request for Protective Order, dated May 16, 2012.
• E-mail from Peter Keith to Attorneys, Mayor's Response to Request for Protective Order – Date Corrected, dated May 16, 2012.
• Order Re: Sheriff's Request For Protective Order, dated May 16, 2012.
• Special Meeting of the Ethics Commission, Monday, April 23, 2012 – 4:30 p.m. Transcript.
• E-mail from David Waggoner to Scott Emblidge, Sheriff's List of Expert Witnesses, dated May 17, 2012.
• E-mail from Sherri Kaiser to Attorneys, Re: Mayor's Reply Brief, dated May 18, 2012.
• Mayor Lee's Reply to Sheriff Mirkarimi's Brief on the Issues Specified by the Ethics Commission at its Meeting of April 23, 2012, dated May 17, 2012.
• Sheriff Ross Mirkarimi's List of Potential Expert Witnesses, dated May 17, 2012.
• Memorandum from the Office of the City Attorney re: Charges of Official Misconduct Against Sheriff Mirkarimi Summary of Meet and Confer Efforts; Hearing Procedure & Scheduling, dated May 25, 2012.
• [Proposed] Order Regarding Procedures for Discovery and Evidentiary Hearing, filed May 25, 2012.
• Mayor's Rebuttal Witness and Mayor's Objection to Sheriff's Witness, dated May 25, 2012.
• Ms. L's Request for Protective Order Prohibiting Public Dissemination of Video, dated May 29, 2012.
• Press Release – May 30, 2012 – Summary of Actions Taken at May 29, 2012 Meeting.
• Amended Charges of Official Misconduct, dated June 1, 2012.
• Declaration of Linnette Peralta Haynes, dated June 8, 2012.
• Declaration of Emin Tekin and Exhibits, dated February 26, 2012.
• Declaration of Deputy Chief of Staff Paul Henderson, dated June 8, 2012.
• Deputy Chief of Staff Paul Henderson Exhibits.
• Declaration of Chief San Francisco Probation Officer Wendy Still, dated June 8, 2012.
• Chief San Francisco Probation Officer Wendy Still Exhibits.
• Declaration of Interim San Francisco Sheriff Vicki Hennessy, dated June 8, 2012.
• Interim San Francisco Sheriff Vicki Hennessy Exhibits.
• Declaration of SFPD Inspector Richard Daniele and Exhibits, dated June 7, 2012.
• Declaration of Callie Williams and Exhibits, dated June 6, 2012.
• Callie Williams Additional Exhibits.
• Declaration of Mayor Edwin M. Lee, dated June 8, 2012.
• E-mail from Peter Keith to Scott Emblidge, Re: Scheduling Request, dated June 12, 2012.
• E-mail from Scott Emblidge to Attorneys, Re: Scheduling Request, dated June 13, 2012.
• Witness Christine Flores' Sworn Testimony, dated June 13, 2012.
• Witness Christine Flores' Sworn Testimony Transcripts Part 1, dated March 2, 2012.
• Witness Christine Flores' Sworn Testimony Transcripts Part 2, dated March 5, 2012.
• Declaration of Lenilyn De Leon, dated June 11, 2012.
• Declaration of Sheriff Ross Mirkarimi, dated June 13, 2012.
• Sheriff Ross Mirkarimi's Objections to Mayor's Fact Witness Declarations, filed June 13, 2012.
• The Mayor's (1) Objections to Witness Declarations and Requests for Cross-Examination of Declarants; (2) Subpoena Requests, dated June 13, 2012.
• Letter from City Attorney to John St. Croix, dated June 15, 2012, and Mayor's Exhibit 4 – The Video Statement of Ms. Lopez.
• Special Meeting of the Ethics Commission, Tuesday, May 29, 2012 – 5:30 p.m. Transcript.
• E-mail from Scott Emblidge to Attorneys, Re: Request for issuance of subpoena, dated June 14, 2012.
• Subpoena – Linnette Peralta Haynes, dated June 14, 2012.
• The Mayor's Objections to the Declaration of Sheriff Ross Mirkarimi and Request for Cross-Examination, dated June 15, 2012.
• Declaration of Ivory S. Madison, dated June 15, 2012.
• Ivory S. Madison Exhibits.
• Declaration of Abraham Mertens and Exhibits, dated June 17, 2012.
• Declaration of Michael Hennessey, dated June 1, 2012.
• Letter from City Attorney to Ethics Commission, Re: Charges Against Ross Mirkarimi, Sheriff of the City and County of San Francisco, dated June 18, 2012.
• Mayor's Brief Regarding Admissibility of Ms. Lopez's January 1 and January 4 Statements About Abuse and Exhibit, dated June 18, 2012
• Expert Declaration of Nancy K. D. Lemon and Exhibits, dated June 18, 2012.
• Expert Declaration of San Diego Chief of Police William Lansdowne and Exhibits, dated June 18, 2012.
• E-mail from Shepard Kopp to Attorneys, Re: Sheriff's Expert Witness Declaration and statement re: cross of Mayor's fact witnesses, dated June 18, 2012.
• Mayor's List of Additional Exhibits, dated June 20, 2012.
• Mayor's Exhibit 50.
• Mayor's Exhibits 78-79.
• Mayor's Exhibits 80-81.
• Sheriff's Exhibit, Terence Hallinan v. Committee on Bar Examiners, The State Bar of California.
• Press Release – June 20, 2012 – Summary of Actions Taken at June 19, 2012 Meeting – AMENDED
• Mayor's Request for Cross-Examination and Objections to Expert Declaration, dated June 22, 2012.
• Sheriff Ross Mirkarimi's Objections to Mayor's Expert Witness Declaration, and Request for Cross-Examination, dated June 22, 2012.
• Mayor's Objection to Sheriff's Exhibit, dated June 25, 2012.
• Letter from the City Attorney to the Ethics Commission, Re: Charges Against Ross Mirkarimi, Sheriff of the City and County of San Francisco, dated June 26, 2012.
• Summary of Stipulations and Remaining Disputes Regarding Madison and Mertens Declarations, dated June 26, 2012.
• Mayor's Exhibits 82 and 83 (Cover Sheet), dated June 26, 2012.
• Exhibit 82: ATT Records of Ross Mirkarimi and Eliana Lopez December 31, 2011‐January 13, 2012.
• Exhibit 83: January 4, 2011 Communications Records (From Exhibits 1, 55‐60, 80‐82).
• Declaration of Eliana Lopez and Exhibits, dated July 2, 2012.
• Response to Sheriff Mirkarimi's Objection to the Expert Declaration of Nancy Lemon, dated June 27, 2012.
• Press Release – June 28, 2012 – Interim Rulings Made by Ethics Commission at its June 19, 2012 Meeting.
• Special Meeting of the Ethics Commission, Tuesday, June 19, 2012 – 5:00 p.m. Transcript.
• Mayor's Rebuttal Evidence and Exhibits, dated July 10, 2012.
• Mayor's Evidentiary Objections to Declaration of Eliana Lopez & Request for Cross-Examination, dated July 10, 2012.
• Sheriff's Request for Issuance of Subpoenas and Exhibits, dated July 11, 2012.
• Press Release – July 11, 2012 – Summary of Actions Taken at June 28 and 29, 2012 Meetings.
• Press Release – July 13, 2012 – Interim Rulings Made by Ethics Commission at its June 28 and 29, 2012 Meetings
• E-mail from City Attorney to Ethics Commission, Re: Mirkarimi Matter: Request for Conference Call Re: Sheriff's Subpoena Request, dated July 11, 2012.
• Letter from Paula Canny to Attorneys, Re: Testimony of Eliana Lopez, dated July 12, 2012.
• Special Meeting of the Ethics Commission, Thursday, June 28, 2012 – 5:30 p.m. Transcript.
• Letter from City Attorney to Ethics Commission, Re: Charges Against Ross Mirkarimi, Sheriff of the City and County of San Francisco, and Exhibits 84 and 87, dated July 11, 2012.
• Mayor's Opposition to Sheriff's Request for Subpoenas, dated July 17, 2012.
• Letter from Paula Canny to Attorneys, Re: Eliana Lopez, dated July 17, 2012.
• E-mail from David Waggoner to Attorneys, Re: Disputed Allegations, dated July 17, 2012.
• E-mail From Shepard Kopp to Attorneys, Re: Lemon and Lopez declarations, dated July 17, 2012.
• Sheriff's Summary of Stipulations and Remaining Disputes Regarding Declarations of Nancy Lemon and Eliana Lopez, dated July 17, 2012.
• E-mail from Sherri Kaiser to Attorneys, Re: Lemon and Lopez declarations, dated July 17, 2012.
• Special Meeting of the Ethics Commission, Friday, June 29, 2012 – 9:04 a.m. Transcript – Part I.
• Special Meeting of the Ethics Commission, Friday, June 29, 2012 – 1:05 p.m. Transcript – Part II.
• Letter from City Attorney to Ethics Commission, Re: Charges Against Ross Mirkarimi, Sheriff of the City and County of San Francisco, and Exhibits, dated July 18, 2012.
• Special Meeting of the Ethics Commission, Wednesday, July 18, 2012 – 5:06 p.m. Transcript.
• Special Meeting of the Ethics Commission, Thursday, July 19, 2012 – 5:02 p.m. Transcript.
• Press Release – August 1, 2012 – Summary of Actions Taken at July 18 and 19, 2012 Meetings.
• Press Release – August 2, 2012 – Interim Rulings Made by Ethics Commission at its July 18 and 19, 2012 Meetings.
• Witness Declarations and Exhibits in In re Mayor Edwin Lee's Charges of Official Misconduct Against Sheriff Ross Mirkarimi (Tentatively Stricken Materials Have Been Marked).
• Joint Submission of Proposed Findings Regarding Disputed Facts, filed August 10, 2012.
• Mayor Lee's Brief in Closing, dated August 11, 2012.
• Sheriff Ross Mirkarimi's Closing Brief, dated August 11, 2012.
• Emails from the public submitted to the Ethics Commission regarding Mirkarimi hearing.

II. The Ethics Commission will continue its hearing on charges of official misconduct pending against Sheriff Ross Mirkarimi. 

Deputy City Attorney (“DCA”) Keith began his closing argument on behalf of the Mayor at 9:12 a.m.  The Commissioners presented questions to DCA Keith during his argument.

David Waggoner began his closing argument on behalf of Sheriff Mirkarimi at10:06 a.m.  Shepard Kopp continued closing arguments on behalf of Sheriff Mirkarimi at 10:22 a.m.  The Commissioners presented questions to Mr. Waggoner and Mr. Kopp during their arguments.

DCA Keith presented his rebuttal to the Sheriff’s closing argument at 10:49 a.m.  The Commissioner presented questions to DCA Keith during his rebuttal.

The Commission recessed for approximately 15 minutes at 11:02 a.m.

Public Comment began at 11:16 a.m.

Nancy Colman expressed support for Sheriff Mirkarimi.

Espinola Jackson expressed support for Sheriff Mirkarimi.

Barbara Tengery expressed support for Sheriff Mirkarimi.

Francisco De Costa expressed support for Sheriff Mirkarimi.

Julie Soo opposed reinstating Sheriff Mirkarimi.

Maureen Daggett expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Patrick Connors expressed support for Sheriff Mirkarimi.

Page Fernandez expressed support for Sheriff Mirkarimi.

Paul Currier made statements opposing Mayor Lee.  [Mr. Currier supplied a written summary of his comments, which is included at the end of these minutes.]

Tracy Lemon expressed support for Sheriff Mirkarimi.

Vivian Imperiali expressed support for Sheriff Mirkarimi.

Marilee Mandahar stated domestic violence is a serious problem.

A member of the public opposed reinstating Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Sylvia Martinez expressed support for Sheriff Mirkarimi.

Emil Lawrence expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public opposed reinstating Sheriff Mirkarimi.

A member of the public opposed reinstating Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Francesca Rosa expressed support for Sheriff Mirkarimi.

Flor Ramos expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Patricia Coleman Forsythe expressed support for Sheriff Mirkarimi.

Sarush Richard Shahabbi expressed support for Sheriff Mirkarimi.

Victoria Ashley expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Brenda Barros expressed support for Sheriff Mirkarimi.

Andrea Shorter opposed reinstating Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Bertie Shun expressed support for Sheriff Mirkarimi.

Sharon Hewitt expressed support for Sheriff Mirkarimi.

George Schuman expressed support for Sheriff Mirkarimi.

Luis Muniz expressed support for Sheriff Mirkarimi.

Dara Lorinda Jones stated sheriff deputies need supervision.

Cynthia Cruz expressed support for Sheriff Mirkarimi.

Gilberto Ramos expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Laurie Lieberman expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Tammy Bryant expressed support for Sheriff Mirkarimi.

Clarence Faulkner expressed support for Sheriff Mirkarimi.

A member of the public stated command influence is important.

Karen Levine opposed reinstating Sheriff Mirkarimi.

Susie Loftis opposed reinstating Sheriff Mirkarimi.

Josie Louise opposed reinstating Sheriff Mirkarimi.

Deborah Hanulah opposed reinstating Sheriff Mirkarimi.

Beverly Upton opposed reinstating Sheriff Mirkarimi.

Sydney Hodgmanson opposed reinstating Sheriff Mirkarimi.

A member of the public opposed reinstating Sheriff Mirkarimi.

Paulette Brown expressed support for Sheriff Mirkarimi.

Ana Soto expressed support for Sheriff Mirkarimi.

A member of the public opposed reinstating Sheriff Mirkarimi.

A member of the public opposed reinstating Sheriff Mirkarimi.

Barbara Marquez opposed reinstating Sheriff Mirkarimi.

A member of the public opposed reinstating Sheriff Mirkarimi.

A member of the public opposed reinstating Sheriff Mirkarimi.

Jennifer Rose opposed reinstating Sheriff Mirkarimi.

Kyra Millich expressed support for Sheriff Mirkarimi.

Carl Kruth expressed support for Sheriff Mirkarimi.

Katherine Berg opposed reinstating Sheriff Mirkarimi.

Sharon Johnson opposed reinstating Sheriff Mirkarimi.

Chrissie Keyfront  expressed support for Sheriff Mirkarimi.

Arthur Munillo expressed support for Sheriff Mirkarimi.

Lindsey Verig expressed support for Sheriff Mirkarimi.

Catherine Howard expressed support for Sheriff Mirkarimi.

Michael O’Conner expressed support for Sheriff Mirkarimi.

Jim Morshel expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Barry Toranto stated that must not bring politics into their consideration of this matter.

Debra Walker expressed support for Sheriff Mirkarimi.

Michael Tong expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Michael Sandberg stated this is just a political case.

Elinia Brook expressed support for Sheriff Mirkarimi.

Guadalupe Silva Ortiz expressed support for Sheriff Mirkarimi.

Michelle White expressed support for Sheriff Mirkarimi.

Eileen Hansen stated that the relationship to the Sheriff’s duties should be considered and expressed support for Sheriff Mirkarimi.

Ernestine Weiss expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Anita Cabrera stated she has lost faith in politics.

Babette Hogan expressed support for Sheriff Mirkarimi.

Don Shapiro expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Tracy Brown expressed support for Sheriff Mirkarimi.

Valerie Toury expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

Jeff Gouda expressed support for Sheriff Mirkarimi.

Roger Scott expressed support for Sheriff Mirkarimi.

A member of the public expressed support for Sheriff Mirkarimi.

The Commission recessed at 2:22 p.m.

The Commission reconvened at 3:30 p.m.

The Commissioners began public deliberations at 3:36 p.m.

After deliberating, Vice-Chairperson Studley and Commissioners Liu, Hayon, and Renne all stated that after considering the evidence, they would vote to sustain the charges of official misconduct as to counts four and five of the amended charges from the Mayor.  Chairperson Hur stated that he would vote not to sustain the charges of official misconduct as to any counts.

Motion 12-08-16-1 (Studley/Renne): Moved, seconded, and passed (4-1, Hur dissenting to part (a) of the motion only; 5-0 for parts (b) and (c) of the motion) that the Ethics Commission

• Sustain the charges as to the conduct that occurred on December 31, 2011, and the subsequent conviction as reflected in Counts Four and Five of the Amended Charges of Official Misconduct;
• Adopt the interim rulings of the Commission made throughout the course of these proceedings; and
• Empower a written summary to be reviewed and ratified by the Commission at a later meeting.

III. Adjournment

The meeting was adjourned at 6:33 p.m.

This written summary was provided by the speaker, Paul Currier, during public comment for agenda item II. The content is neither generated by, nor subject to approval or verification of accuracy by, the Ethics Commission.

Mayor Lee faces charges before the State Bar for criminal violations of the State Bar Act.  Chapter 1, Rules 1-100 forbid the misuse of public funds, perjury, and patterns of corruption.
Our District Attorney, City Attorney, Willie Brown, and Rose Pak illegally protected Mayor Lee’s election frauds, collusion, graft, fraudulent conveyance of public property for private gain, and misprision of felony.  These are criminal acts.  The Mayor’s misuse of this ethics process is transparent.
The Ethics Commission wrongfully postponed Sunshine Case 11048, where four Supervisors now face criminal charges, as their acts empowered Civil Rights violations, ADA violations, and numerous illegal evictions.  This damaged many people.
We must hold the Mayor accountable.  It is time to hold the money machine to account.
San Francisco must organize anew around one issue: Recall the Machine and throw all the Bums out!