Attorney for Ed Jew seeks dismissal in Ethics
"The Commission lacks subject matter jurisdiction
to hear this matter"
Attorney Steven Gruel
Photo by Luke
From the Office of Attorney Steven Gruel
November 29, 2007
Under the clear terms of the San Francisco Charter ("Charter"),
the San Francisco Ethics Commission ("Commission") lacks
the power to try title to elected office on the issue of alleged
violations of state-law residency requirements. The Charter wisely
defers to state substantive and procedural law on this question.
The parallel quo warranto action that San Francisco is pursuing
in state court provides the exclusive means to try title to elective
office. Recognizing this, the Mayor, for transparent political
reasons, resorts to the artifice of re-labeling this proceeding
as one for "official misconduct," even though the issues
and remedy are identical to the parallel quo warranto proceeding
and the Charter excludes residency issues from its definition
of "official misconduct." However characterized, the
Commission lacks subject matter jurisdiction to hear this matter.
Supervisor Jew respectfully requests that the Commission exercise
its power to dismiss this matter.
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