Monday, July 30, 2012

Speak up to petition the SFBOS to Reintate Sheriff Ross Mirkarimi to his elected post, with full powers, benefits and any due back pay - Tuesday July 31, 2012
A still small group of Latin American community residents of San Francisco, friends and allies in other ethnic groups or communities, have committed to be at the meeting and during the Public Comment section speak in favor of and/or petition the Honorable Board of Supervisors To Reinstate Sheriff Ross Mirkarimi to his elected post, with full powers, benefits and all due back pay ; for anyone else that would want to also speak up, she/he will not be alone. We feel it is important to let the SFBOS know our opinion and wishes for the outcome of this matter.

In the conversations amongst us, we have come to agree that the July 31st, meeting is surely The One not to miss. The outcome on hearings related to the charge of Official misconduct by the Sheriff is still wide open and anything may/can happen.

Since it was not completely clear how we could proceed to communicate our concerns related to the Official Misconduct charges against our Sheriff, Ms. Vivian Imperiale volunteered to contact the Office of the Clerk of the Board, Ms. Angela Calvillo, to get the official explanation to our questions.
She called and gave us her report on what she was informed. Our thanks to much respected and loved friend Viv.
In the Agenda for the July 31st Hearing, there will be two Public Comment sections and we feel it is important to differentiate each public comments section so we can direct our comments to specifically address in the appropriate section any concerns that we may have:
Agenda Item # 62, "Public Comment", should start around 3:30 p.m. - The Hearing itself starts at 2:00 p.m. in The Legislative Chamber, room 250, at SF City Hall, this is the regular 'General Public Comments'; It is here where any concern or interest on any given issue can be raised to the Board; including petition them to address or take action in any issue or concern that members of the public may have; 

Agenda Item # 71, [Establishing Process for Official Misconduct Hearing], has its own Public Comment section, but the comments should be to specifically (ONLY) address concerns or questions about the Process that the SFBOS will set up for the Hearing after the Board receives the Ethics Commission's recommendations. (As per City Charter, this matter should be handled by the Board within 30 days after the date that the EC's Recommendations are received by the Board.) The Ethics Commission will hold what should be their last Hearing on the matter on August 16th (We will be present at that Hearing too)

For anyone interested in a more detailed understanding of what may happen in a SFBOS meeting on Item # 71 and that in the words of its President "... But we, of course, are free to discuss it next week and amend it if we so desire" Opens all kinds of possibilities, and for anyone who may want to consider on aspects of the Process the SFBOS will set up which are in need of attention and that could be subjected to amendment and implementation, we feel that these should be raised and it is here where it can/could be done.

We include for your perusal, review or analysis, materials related to the case in the event that it can be useful to somebody, including short descriptions/arguments on some points which raise grave concerns for the ones interested in a fair and just process on a precedent-setting matter, which will have serious impact on City Government's policies, practices and any future legislation, or voters' initiative(s) that may need to be passed to address an extremely problematic section in the City Charter, primarily due to its lack of specificity in dealing with vital issues of City Life; specifically, the power granted to the Mayor to make rulings or directives over duly elected officials. The potential for abuse of the provisions in this charter are patently clear, and in the opinion of an ever-growing segment of the SF population, this is exactly what Mayor Lee is doing in this case, which is to use City Government's Agencies in pursuit of a political power grab agenda regardless of the damage it can inflict as a result, or the implications in regards to policy-making decisions it will certainly have.
(included below for anyone interested in getting just a general (partial) overview of our positions)

SF Board of Supervisors set to approve process to hear SF Sheriff R. Mirkarimi misconduct charges [1:40 min.]

Agenda Item # 71
Resolution File # 120808

The 31st is their last meeting before their Recess, August 7* ,14, 21, 28
* The Board is constrained by certain administrative deadlines in relation to the passing of the 2012-2013 budget and may decide to meet on August 7 solely to consider an override vote should the Mayor veto the annual budget.

The Ethics Commission's hearings are complete and on August 16TH, they will meet to deliberate, and if their recommendation is to sustain the Mayor's charges, they "...Shall transmit the full record of the hearings to the SFBOS" Which will have 30 days in which to handle this matter from the date it receives the full record from The Ethics Commission, which depending on such date, the hearing where the process they will set up on July 31st meeting would be followed / implemented, could be in one of these dates, September 4, 11, 18, 25 - In all likehood, the 4th and/or 11th would be chosen in order to be within the 30 days to make "... A final decision" (?)



I. ALLEGATIONS OF MISCONDUCT ..........................

A. Sheriff Mirkarimi Commits Domestic Violence ..........................
UNTRUE, Sheriff Mirkarimi was not charged with a domestic violence crime, the fact is that he was charged, tried and in a plea bargain, convicted of the minor criminal offense of "False Imprisonment". A misdemeanor, and sentenced. Case closed. To further subject Sheriff Mirkarimi to judgment and punishment on same case, gives the appearance of "double jeopardy"


B. Sheriff Mirkarimi Threatens To Use His Power As A Public Official Against His Wife In Family Court
-- Charge made without 'facts in evidence' with which to support it, but which instead was made on "The most reasonable 'interpretation' of Sheriff Mirkarimi’s statement to Ms. Lopez is that Sheriff Mirkarimi was threatening to use the powers and stature conferred by his official positions as Supervisor and incoming Sheriff to obtain advantage."
-- An absolute and gross misinterpretation and apparent criminal (Related to inflicted damage) ignorance of the facts on the part of Mayor Lee, which are:
-- Ms. Eliana Lopez as an Latin American immigrant and recently granted the immigrant status of Legal Alien, was consciously aware than in divorce cases where a USA citizen father and an immigrant mother are involved, the odds on the father being granted legal custody of USA-born children, are overwhelmingly lopsided in favor of a USA citizen. As an immigrant mother, her fears were more than justified. (Ms. Lopez testified under oath in front of the Ethics Commission on July 19th 2012 in regards to these very issues)
-- Due to his Latin American family ties and his position as Supervisor, Ross Mirkarimi was regularly confronted with the inhuman injustices being committed under the power that Ms. Lopez was referring to, he was made aware also via small delegations of Latin American activists who would petition him, and to the other supervisors whom they did perceive as receptive to these very issues, or known for supporting them, as Supervisor Mirkarimi was always ready and prepared to help us stop the inhuman treatment that immigrants mothers were subjected to, such as taking their children away. Sheriff Mirkarimi admitted he was in agreement with his wife in the power advantage that he, as a USA Citizen had, when compared to the relatively recent arrival as immigrant of the mother of his son. A fact of life in the Latin American Community.
-- As further evidence which absolutes refutes the erroneous Mayor's claims on "The most reasonable interpretation of...", within a reasonable amount of time, and if it pleases the Honorable Board of Supervisors, we could present to the Full Board, documents, first-hand witnesses accounts and, pending the wishes and concerns of immigrant women who are survivors of domestic violence and of the mistreatment inflicted on them when victimized and/or neglected by authorities and anti-domestic violence organizations, we could be honored with the presence of two or three survivors who come forward to testify before the Board.There are many more of this type of cases and by far more horrendous which are happening today in the USA. Both Ms. Eliana Lopez and her husband Sheriff Ross Mirkarimi, are, and have been, keenly aware of the fact that his USA Citizen status, gave Sheriff Mirkarimi a built-in unfair advantage in power in regards to child custody issues.

We submit that this is, by far, a more reasonable interpretation supported by actual evidence offered as explanation to the alleged threat the Mayor erroneously claims the Sheriff made to his wife.

C. Sheriff Mirkarimi Participates In Attempts To Persuade A Witness To Lie And Destroy Evidence During The Ensuing Police Investigation ......10
-- The main witness, Ms. Ivory Madison, refused to testify under oath and the Ethics Commission ruled not to compel her testimony.
-- Ethics Commissioner Paul Renne, a career litigator, did chastise the Mayor's lawyer, Mr. Keith, for introducing Ms. Madison's affidavit "as prejudicial and unsupported hearsay evidence that should have never been introduced, something that even the city's attorneys admitted and apologized for"
-- Both Ms. Eliana Lopez and Ms. Linetta Peralta Haynes have categorically refuted Ms. Ivory Madison's hearsay allegations in her affidavit.


D. On January 8, 2012, Sheriff Mirkarimi Makes Public Statements That Conflict With The Sheriff’s Duty To Enforce Domestic Violence
Laws ..........................
-- Another gross misrepresentation of the facts in evidence, to wit:
-- In all honesty, the Sheriff spoke on what he understood to be an agreement between he and his wife, Ms. Eliana Lopez, of seeking counseling to resolve their marital difficulties. This is the genesis of the Sheriff's public statement, to corroborate that this is in fact the case, we offer Mayor Ed Lee's exhibit # 50, where in an email/text exchange between Ms. Eliana Lopez and Ms. Ivory Madison which took place on January 2nd, 2012, irrefutably corroborates the Sheriff's public statement, and also absolutely refutes the Mayor's claims.
-- Furthermore, the District Attorney did not bring domestic violence charges against the Sheriff, a domestic violence crime was not committed, hence, there are no facts in evidence which support the Mayor's allegations which led us to find them without merit.


E. On March 12, 2012, Sheriff Mirkarimi Agrees To A Plea Deal
Admitting Criminal Wrongdoing And A Criminal Sentence
Incompatible With His Duties ..........................
-- Sheriff Mirkarimi pleaded guilty to a minor criminal offense. A misdemeanor.
-- In regards to the Mayor's conclussion of incompatibility with the Sheriff's duties, we submit that the Mayor's subjective interpretation of extremelly vague language, when added to his growing lack of credibility due to factual lies on record, and two concrete allegations of Usurpation of Legislative Power (Perjury), madates that the San Francisco Board of Supervisors review and evaluate the charges against the language in the City Charter's description of this subject found on this section.


F. Sheriff Mirkarimi’s Conduct From December 31, 2011 Through
March 19, 2012 Falls Below The Standard Expected Of A Holder Of
Public Office ..........................
-- Same as in E.
California Lawyers Guild Statement on the Suspension of SF Sheriff Ross Mirkarimi and Ethics Commission Proceedings

The Mirkarimi case the in the criterion of leaders of The United Parents Committee

Resolution in Support of Justice for Eliana Lopez, Ross Mirkarimi, and Theo Mirkarimi by the Harvey Milk Lesbian Gay Bisexual Transgender Democratic Club

El Comité de Padres Unidos Calls on Public to Support Sheriff Mirkarimi and His Wife

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