Ethics Commission says Mirkarimi guilty of official misconduct on 2 of 6 charges 

click to enlarge Support: Eliana Lopez, left, stands with her husband, suspended Sheriff Ross Mirkarimi, outside Thursday’s ethics proceedings. - MIKE KOOZMIN/THE S.F. EXAMINER
  • Mike Koozmin/The S.F. Examiner
  • Support: Eliana Lopez, left, stands with her husband, suspended Sheriff Ross Mirkarimi, outside Thursday’s ethics proceedings.

Mayor Ed Lee was correct in suspending Sheriff Ross Mirkarimi for bruising his wife’s arm during a spat at the couple’s home, The City’s Ethics Commission ruled Thursday in a complex decision that ended with attorneys for both the mayor and the sheriff claiming their own versions of victory.

The nine-hour hearing produced a 4-1 commission vote to sustain two of the mayor’s six charges of official misconduct. Mirkarimi was suspended after pleading guilty to misdemeanor false imprisonment in a domestic violence case involving his wife, Eliana Lopez.

While a majority of commissioners agreed that Mirkarimi’s self-admitted act of violence and his subsequent conviction constitute official misconduct, they also decided that there was not enough evidence to prove some of Lee’s other charges, such as witness dissuasion and abuse of office.

Those were the subject of similarly laborious hearings over allegations that Mirkarimi used his political power to intimidate Lopez during a brewing custody battle over the couple’s 3-year-old son,  and that he dissuaded witnesses from coming forward about the Dec. 31 domestic violence incident.

Mirkarimi’s fate now rests with the Board of Supervisors, where votes from nine of the 11 members would mean almost certain doom for his political career in The City.

The recently elected sheriff has been suspended without pay since March 20, when the mayor swiftly began the rarely used official misconduct proceedings a day after Mirkarimi’s guilty plea.

City attorneys representing Lee said the commission’s decision is essentially upholding the primary reasons to remove Mirkarimi and should be taken as a recommendation to supervisors that they oust him permanently. But Mirkarimi’s attorneys argued that the ruling is problematic under the City Charter because the commission doesn’t have discretion to sustain only portions of the official misconduct charges.

“Frankly, I’m uncertain what they decided,” Mirkarimi’s attorney David Waggoner said after the hearing.

Deputy City Attorney Peter Keith said he more clearly understood the decision.

“A recommendation to sustain is a recommendation to remove,” Keith said.

Ethics commissioners discussed making an explicit recommendation to remove the sheriff or to rule that the official misconduct didn’t rise to the level of removal. It remains unclear whether the commission will make that distinction in an upcoming meeting.

Lopez, who was present at Thursday’s hearing and has been supporting her husband through the proceedings, hugged Mirkarimi after the hearing. The couple smiled and laughed at times before a throng of media and members of the public.

After the hearing, Mirkarimi described the overall affair as “Kafka-esque,” and while he said he disagreed with the conclusion of the proceedings, he lauded the Ethics Commission for its attention to detail.

“I thought they were as thoughtful as one could possibly hope for,” Mirkarimi said, suggesting the mayor’s legal team had succeeded only in proving an illegal act that he had already admitted. “They’ve arrived at the very same place we were at many, many months ago.”

A statement from Lee sized up the situation differently and called Thursday’s decision a “powerful message” to supervisors on why Mirkarimi is “unfit to serve the people of San Francisco.”

“I am pleased that the members of the Ethics Commission, following a careful review of the evidence, and in the face of a sustained campaign to distract and misdirect them from the facts, agreed with me that Ross Mirkarimi’s actions constitute official misconduct and fall below the ethical conduct we expect of the sheriff, our top law enforcement officer,” Lee said.

dschreiber@sfexaminer.com

 

Case timeline

From success to scandal, Ross Mirkarimi’s fortunes have taken dramatic turns in the past few months:

  • Nov. 8, 2011 Two-term Supervisor Ross Mirkarimi wins sheriff’s election with 38 percent of 
first-place votes, replacing Michael Hennessey, who had served as sheriff since 1980.
  • Jan. 5 News emerges that the Police Department is investigating Mirkarimi for an alleged New Year’s Eve domestic violence incident involving his wife, Eliana Lopez.
  • Jan. 8 Mirkarimi is inaugurated in a public ceremony that several city officials decline to attend. Mirkarimi denies the allegations and calls incident “a private matter, a family matter.”
  • Jan. 13 Mirkarimi is charged by prosecutors with domestic violence battery, child endangerment and dissuading a witness.
  • Jan. 20 Mirkarimi pleads not guilty to the charges; a judge issues a stay-away order barring Mirkarimi from having contact with his wife and son.
  • March 12 Mirkarimi pleads guilty to misdemeanor false imprisonment in a deal to have other misdemeanor charges dropped.
  • March 19 Mirkarimi is sentenced to three years’ probation, domestic violence batterer’s classes, community service and parenting counseling, and won’t be able to carry a gun while a stay-away order from his wife remains in effect.
  • March 20 Mayor Ed Lee suspends Mirkarimi without pay and calls on the Ethics Commission to begin official misconduct proceedings.
  • March 21 Vicki Hennessy is sworn in as acting sheriff.
  • April 19 A judge denies Mirkarimi’s request to be reinstated and receive his salary, and also declines to recuse City Attorney Dennis Herrera from the official misconduct proceedings.
  • April 23 Ethic Commission begins proceedings.
  • May 31 The City Attorney’s Office releases video footage showing Lopez tearfully describing the New Year’s Eve incident and showing a bruise on her arm.
  • June 29 While Lee is testifying in the proceedings, a bomb threat against City Hall is called in. The mayor, but no one else, is cleared from the building. Also, Lee is accused of perjuring himself during his testimony by saying he never consulted with any supervisors before suspending Mirkarimi.
  • July 19 Lopez testifies in the proceedings.
  • July 20 Judge lifts stay-away order and Mirkarimi, Lopez and their son are reunited.
  • July 24 The District Attorney’s Office, arguing that Lee’s alleged perjury is irrelevant to the case, refuses to pursue an investigation into the truthfulness of the mayor’s statements.
  • Aug. 16 Ethics Commission votes to sustain two of six official misconduct charges against Mirkarimi.

About The Author

Dan Schreiber

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Sunday, Sep 25, 2016

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