Ethics Commission
City and County of San Francisco

Minutes – June 29, 2012

Minutes of the Special Meeting of
The San Francisco Ethics Commission
June 29, 2012
Room 400, City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

The complete court reporter’s transcript of the June 29, 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 9:07 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; Garrett Chatfield, Investigator; 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; Paula Canny, counsel for Eliana Lopez; Mayor Edwin Lee; Chief William Lansdowne; 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. (33.9 mb)
  • 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 June 26, 2012.
  • Response to Sheriff Mirkarimi's Objection to the Expert Declaration of Nancy Lemon, dated June 27, 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 prior to resuming testimony from the Sheriff.

Sheriff Mirkarimi was cross-examined by DCA Keith.

The Commission recessed for a break at 11:10 a.m.

The Commission resumed the meeting at 11:23 a.m.

Mr. Waggoner conducted re-direct testimony of Sheriff Mirkarimi.

DCA Keith conducted re-cross at 11:44 a.m.

The Commission questioned Sheriff Mirkarimi starting at 11:48 a.m.

The Commission recessed for lunch at 12:15 p.m.

The Commission resumed the meeting at 1:03 p.m.

Mr. Kopp began his cross-examination of Mayor Lee at 1:04 p.m.

The meeting was interrupted and recessed at 1:28 p.m.

The meeting resumed at 3:00 p.m.

Mr. Kopp continued with his cross-examination of Mayor Lee at 3:01 p.m.

DCA Kaiser began her re-direct examination of Mayor Lee at 3:26 p.m.

Mr. Kopp began his re-cross of Mayor Lee at 3:40 p.m.

Mr. Kopp began his cross-examination of Chief Lansdowne at 3:42 p.m.

DCA Kopp began her re-direct examination of Chief Lansdowne at 4:07 p.m.

Mr. Kopp began his re-cross of Chief Lansdowne at 4:24 p.m. and was excused at 4:42 p.m.

The Commission and both parties discussed the procedure for drafting the Commission’s recommendation to the Board of Supervisors.  The Commission and parties also discussed scheduling for the continuation of the hearing and briefing.

After hearing from both parties, the Commission made interim rulings with respect to the witness declarations and testimony.  The Commission sustained, modified or overruled various objections by the parties.

Interim Motion 12-06-29-1 (Liu/Hayon) Moved, seconded, and passed (5-0) that the Ethics Commission preliminarily adopt the interim decisions and schedule discussed during the meeting, as follows:

Due DateItem
July 10, 2012
  • The Mayor to identify rebuttal witnesses, if any
  • The Sheriff to advise whether Former Sheriff Michael Hennessey will appear for live testimony
July 17, 2012
  • The Sheriff to identify the portions of allegations in the Amended Charges of Official Misconduct, Bill of Particulars, that he disputes
July 18, 2012Ethics Commission meeting (5 p.m., Room 416 City Hall):

  • Linnette Peralta Haynes is expected to provide live testimony
  • Eliana Lopez is expected to provide live testimony or appear remotely
  • Former Sheriff Michael Hennessey may provide live testimony
July 19, 2012Ethics Commission meeting (5 p.m., Room 416 City Hall):

  • Former Sheriff Michael Hennessey may provide live testimony
  • The Mayor’s rebuttal witness(es) may provide live testimony
August 10, 2012The parties to provide findings of fact and briefing on legal issues
August 16, 2012Ethics Commission meeting (9 a.m., Room 263 City Hall)

III. Adjournment

The meeting was adjourned at 5:15 p.m.

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