Threat of Federal Civil Rights Action
Tailors Misconduct Charges to Residency Dispute
Attorney Steven F. Gruel
From the Law Offices of Steven F. Gruel, attorney for suspended
Supervisor Ed Jew
September 26, 2007
Attorneys for Supervisor Ed Jew have now had the opportunity
to obtain and read Mayor Gavin Newsom and Mr. Herrera's Written
Charges of Official Misconduct filed yesterday with the San Francisco
Ethics Commission and Board of Supervisors.
The alleged "Official Misconduct" by Supervisor Jew
is limited to the ongoing and stale residency allegation already
pending with the California Attorney General and in San Francisco
"Apparently, and without us having to file in federal court,
the threat of federal intervention caused the Mayor and Mr. Herrera
to openly concede that they have no real 'evidence' of any wrongdoing
stemming from the federal charges, " said Steven F. Gruel,
one of Supervisor Jew's attorneys.
"Plus, the clear fundamental due process concerns we repeatedly
voiced and which would have been material to a federal lawsuit
will be addressed by the San Francisco Ethics Commission for the
Removal Hearing. We'll wait and see."
Nevertheless, given that the only charges of alleged misconduct
center on the residency issue reveals that Mr. Herrera blatantly
side-stepped and ignored the California Attorney General.
Mr. Herrera failed to receive permission from the Attorney General
to proceed in Court on his Quo Warranto application to remove
Supervisor Jew and consequently has resorted to hometown politics
to short-circuit Supervisor Jew's due process rights.
"What he could not achieve through the front door, he stole
through the back door," said Gruel. "Unfortunately,
the presumption of innocence applies everywhere in the United
States except for San Francisco City Hall."
Supervisor Jew and his attorneys continue to weigh all of his
legal options as these matters continue.