The San Francisco Ethics Commission denied Thursday a request by suspended Sheriff Ross Mirkarimi to postpone until after the November election the Commission’s delivery of its findings of fact and non-binding recommendation to the Board of Supervisors.
Citing due process protections afforded by the U.S. Constitution, attorneys representing suspended Sheriff Ross Mirkarimi today filed a brief with the San Francisco Ethics Commission requesting the quasi-judicial body to postpone its submission of its findings of fact to the Board of Supervisors, the eleven-member legislative body that will decide if Mirkarimi will be reinstated or be permanently removed from office.
It couldn’t have come soon enough, but today Eliana Lopez and suspended Sheriff Ross Mirkarimi and their three-year old son, Theo, are reunited and repatriated, thanks to the lifting of a stay away order imposed on the couple in January.
Defense counsel for suspended Sheriff Ross Mirkarimi today filed a formal request with the San Francisco Ethics Commission requesting the quasi-judicial body to issue subpoenas to four witnesses in connection with allegations of perjury by Mayor Ed Lee.
Efforts by Mayor Ed Lee and City Attorney Dennis Herrera to avoid a costly and potentially embarrassing Ethics Commission inquisition into whether suspended Sheriff Ross Mirkarimi is guilty of official misconduct have been tainted by falsehoods and false accusations, a Fog City Journal investigation has revealed.
Mirkarimi’s defense counsel, Shepard Kopp and David Waggoner, argued in a brief filed April 11 that the City charter requires the City Attorney to defend the City and County of San Francisco; that no Charter provision exists for the City Attorney to defend a specific office within the city. If that were the case, then the City Attorney would also be obligated to defend the Office of Sheriff as well.
Due to a conflict of interest raised by Mirkarimi’s defense team, filed Wednesday in San Francisco Superior Court, attorney Scott Emblidge of Moscone, Emblidge and Sater LLP, has been assigned to represent both the Ethics Commission and Board of Supervisors.
According to Waggoner, “Because Mirkarimi was not sheriff at the time of the alleged misconduct, Lee’s suspension amounts to an abuse of discretion. We are a city and nation of laws, and there is a legal standard that must be followed. By suspending the Sheriff for conduct that occurred before he assumed office and is not directly related to his job duties, Mayor Lee failed to follow the law.”