Board sets up for sheriff decision 

click to enlarge Job outlook: A Board of Supervisors vote will determine whether suspended Sheriff Ross Mirkarimi keeps hi job. - S.F. EXAMINER FILE PHOTO
  • S.F. Examiner File Photo
  • Job outlook: A Board of Supervisors vote will determine whether suspended Sheriff Ross Mirkarimi keeps hi job.

Under the proposed process for supervisors to decide whether to permanently remove Sheriff Ross Mirkarimi from office, the board would forgo the testimony of witnesses and rely primarily on opening statements and the deliberations of The City’s Ethics Commission.

A proposed framework for the board’s deliberation was recommended Tuesday by Board of Supervisors clerk Angela Calvillo. She based the process on the general format used for the board’s consideration of land-use appeals. Board of Supervisors President David Chiu briefly announced and described the proposal during Tuesday’s board meeting.

Next week, board members will discuss whether they are satisfied with the process or wish to make changes.
Under Calvillo’s proposal, the Ethics Commission, which is currently conducting the misconduct hearings, would be given 20 minutes to explain its recommendation to the board.

Then the mayor’s side, which serves as prosecutor and is represented by the City Attorney’s Office, would be given 20 minutes of its own, followed by 20 minutes for Mirkarimi’s side. After that, the mayor’s side would receive five more minutes to respond to Mirkarimi’s presentation.

Members of the public who have been following the case and wish to weigh in would then have the opportunity to do so in a public comment period before the board’s vote.  

Eventually, the board will have to decide whether to uphold Lee’s suspension of Mirkarimi or allow him to resume his post as sheriff. It would take at least nine votes from the 11 supervisors to oust him.

Lee suspended Mirkarimi without pay on March 21 after Mirkarimi pleaded guilty to domestic violence against his wife, Eliana Lopez.

The commission’s misconduct hearings are expected to conclude in August. Then the commission will create a written record for the board, which will then have 30 days to act. The written record will include witness testimony, sworn declarations and other evidence compiled from the ongoing proceedings, which began in June after the commission set a more elaborate process for its own proceedings.

It is expected that the board would make its decision in October, shortly before the November
supervisorial elections.

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