Ethics Commission
City and County of San Francisco

Minutes – June 19, 2012

Minutes of the Special Meeting of
The San Francisco Ethics Commission
June 19, 2012
Room 263, City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

The complete court reporter’s transcript of the June 19, 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 5:03 p.m.  Chairperson Hur announced that there would be no public comment during the evening’s proceedings and that public comment would occur at the end of the evidentiary phase.  He also stated that the Commission was conducting a hearing and that law enforcement would be assisting in keeping comments and noise to a minimum.
  
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 (arrived at approximately 6:00 pm); Mabel Ng, Deputy Executive Director; Catherine Argumedo, Investigator.

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.

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

Chairperson Hur outlined the issues to be discussed and proposed discussing first the declarations submitted by the Mayor and then those submitted by the Sheriff.

After hearing from both parties, the Commission made interim rulings with respect to the declarations filed by the Mayor’s and the Sheriff’s witnesses.  The Commission sustained, modified or overruled various objections by the parties, which are detailed as follows:

 Mayor’s WitnessesDeclarationExhibit(s)
1Interim SF Sheriff Vicky HennesseyObjections overruled.  Declaration is admitted. 
Interim Motion 12-06-19-1 (Hayon/Studley) Moved, seconded, and preliminarily approved (5-0) that the Ethics Commission admit this declaration and accompanying exhibits.
Objections overruled – Mayor’s Exhibits 8-28 are admitted.
2Deputy Chief of Staff Paul HendersonObjections sustained.  Declaration is excluded.
Interim Motion 12-06-19-2 (Renne/Hayon) Moved, seconded, and preliminarily approved (5-0) that the Ethics Commission exclude this declaration and accompanying exhibits.
Objections sustained – Mayor’s Exhibits 42-46 are excluded.
3San Francisco Chief Probation Officer Wendy StillObjections sustained as to ¶¶1-18, 25, ¶26, first sentence, and ¶28. 
¶¶19 – 24, 26 (beginning with the second sentence) and 27 otherwise admitted.
Interim Motion 12-06-19-3 (Studley/Liu) Moved, seconded, and preliminarily approved (5-0) that the Ethics Commission admit this declaration as noted and Exhibits 36-41.
Objections sustained as to Mayor’s Exhibits 29-35; Mayor’s Exhibits 36-41 are admitted.
4SFPD Inspector Richard DanieleObjections sustained as to ¶¶27-32.
Declaration is otherwise admitted.
Interim Motion 12-06-19-4 (Renne/Liu) Moved, seconded, and preliminarily approved (4-1; Hayon dissented) that the Ethics Commission admit this declaration, except for paragraphs 27-32, and Exhibits 5 & 6.
Objections sustained as to Mayor’s Exhibit 7.
Objections on Mayor’s Exhibit 4 are reserved.
Mayor’s Exhibits 5 and 6 are admitted.
5Christine FloresNo written objections received yet from Sheriff to official transcripts of evidentiary hearing in which Ms. Flores testified and was cross-examined. 
6Ivory MadisonOral 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.
The Commission had not yet made any rulings regarding the remainder of the declaration.
Oral objections sustained as to Mayor’s Exhibit 47.
The Commission has not yet made any rulings regarding Mayor’s Exhibits 48-61.
7Abraham Mertens The Commission did not make any rulings regarding this declaration.The Commission has not yet made any ruling regarding Mayor’s Exhibit 62.
8Callie WilliamsObjections 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.
Interim Motion 12-06-19-5 (Hayon/Studley) Moved, seconded, and preliminarily approved (4-1; Renne dissented) that the Ethics Commission overrule the objection to lines 13-15 of paragraph 10 of this declaration.
Interim Motion 12-06-19-6 (Hayon/Studley) Moved, seconded, and preliminarily approved (4-1; Renne dissented) that the Ethics Commission overrule the objection to paragraph 18.
Objections sustained as to Mayor’s Exhibit 2; Mayor’s Exhibits 1 and 3 are admitted.
9Mayor Edwin M. LeeNo objections submitted.  Declaration is admitted.None.
 Sheriff’s WitnessesDeclarationExhibit(s)
1Emin TekinNo objections submitted.  Declaration is admitted.Sheriff’s Exhibit A is admitted.
2Lenilyn DeLeonObjections 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.
3Linnette Peralta HaynesAll objections overruled.  Declaration is admitted.None.
4Supervisor Ross MirkarimiObjections as to ¶20 “or my wife” sustained.
¶¶1-21 otherwise admitted.
None.

The Commission recessed at 7:18 p.m. and resumed the meeting at 7:35 p.m. 

The Commission then heard and discussed objections to the declaration of Callie Williams and declarations submitted by the Sheriff.  The Commission also briefly discussed the video submitted as Exhibit 4 with Inspector Daniele’s declaration.  Mr. Kopp stated that he would file a brief regarding the admissibility of Exhibit 4 prior to the next hearing date. 

After discussion with the parties, the Commission approved the following schedule for the following matters:

Due DateItem
June 20, 2012
  • Both parties to exchange exhibit lists and submit documentary evidence that was not provided with declarations
June 22, 2012
  • The Sheriff to provide objections to the declarations of Ivory Madison and Abraham Mertens
  • Both parties to provide objections to expert declarations
  • Both parties to provide notice of demand to cross-examine experts 
June 25, 2012
  • The parties to provide objections to the exhibit lists
  • The parties to meet and confer regarding the objections to the declarations of Madison and Mertens
June 26, 2012
  • The Mayor to respond on the objections to the declarations of Madison and Mertens
  • The Sheriff to provide a brief, if any, regarding the video of Eliana Lopez
June 28, 2012Ethics Commission meeting:

  • Commission is expected to address
    • objections to exhibit lists;
    • objections to the Madison and Mertens declarations;
    • objections to expert declarations; and
    • the admissibility of Mayor’s Exhibit 4, the video of Eliana Lopez
  • Sheriff Ross Mirkarimi is expected to provide live testimony
June 29, 2012Ethics Commission meeting:

  • Mayor Ed Lee is expected to provide live testimony
  • Experts may provide live testimony
July 18 and 19, 2012Parties to be available for possible Ethics Commission meetings

Interim Motion 12-06-19-7 (Liu/Hayon): Moved, seconded, and passed (5-0) that the Ethics Commission preliminarily adopt the evidentiary and scheduling decisions that the Commission has discussed.

III. Adjournment

The meeting was adjourned at 9:33 p.m.

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