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tv   [untitled]    August 16, 2012 6:30pm-7:00pm PDT

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charges of official misconduct based on the conduct of december 31 and the subsequent conviction. as reflected in counts four and five. if i am correct, you might want to amend the motion to incorporate the language so that it is clear that you are stating it both on the actions that occurred, the conviction that resulted from those actions, and you believe that those are related to counts 4 and 5. >> any objection to that? would someone like to make the motion? >> i move that we adopt the recommendation.
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>> the second. >> i think we also meet at the adoption of the interim ruling is and the empowering of the written summary. maybe i will take a shot to tie up altogether. is there a motion to sustain the charges as to the conduct that occurred on december 31, 2011 and the subsequent conviction has reflected in counts four and five of the amended charges of official misconduct second to adopt the interim rulings of the commission made throughout the course of these proceedings, and third, to empower a written summary to be subsequently reviewed and ratified by the
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commission. >> all in favor? i am opposed to the first part but agree as to the second and third parts. any other objections or concerns from the parties? >> i would only add that i don't think the charter authorizes the commission to create new language of official misconduct. what the language that you just adopted says lisa state official misconduct for the incident as reflected in 4 and 5. it does not say we sustain 4 and 5. the charter says you sustain the charges are not, it doesn't authorize the commission to draft the language or charges
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that are reflected in other charges. i would state that for the record. thank you. >> i think it was clear enough. >> the motion was clear enough that we were adopting the heart of counts 4 and 5. >> with that, the meeting is adjourned.
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>> at the san francisco recreation and parks department we offer good quality day care of your child will love, including outdoor adventures, aquatics, and programs for children on the optimism -- autism
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>> we are back in session and we will now take public comment. before we begin with the citizens in the room, mr. bembridge -- emblidge has a brief comment. the correct two commissioners received -- >> two commissioners received a brief e-mail with comment an argument about the issues before the commission
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appeared that email has been forwarded to the council for both parties and will be entered into the record as part of public comment. >> thank you. welcome to the public. >> good morning, commissioners. >> please, speak into the microphone. >>(wñ morning, commissioners. i am nancy coleman. i a$ñ1 mirkarimi's mother. i am here to support my son, but i have an additional unique perspective. i sit on the human rights commission for the state of rhode island, appointed by the governor. like you, we have to make difficu%:l decisions that affect people's lives. we must sort through a lot o
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conflicting information to reach a fair and just result. facts do matter, not innuendo, rumor, or gossip. there was a rush to judgment before the new sheriff was even sworn in. sometimes it is difficult to peel back the layers. i follow and view everything in this case every day. the most salient fact here is that in the out of lopez is not an abused spouse. i know her as a strong, independent woman0zv who speaksr own mind. she travels regularly to venezuela for extended stays. she attended acting class is in l.a. she has a weekly san francisco radio show. she taught movement glasses for babies. i also know that since march, 2011 -- [tone] she has wanted to return to her
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family and career in venezuela. she stated repeatedly that the video was made because of a potential custody fight, not because she fears her husband. theo means the world to his parents. how many of us have argued over the care of our children? how many of guys have done and said things in an emotional moment for which we are deeply sorry? the mayor's charges are billed on an erroneous -- [no audio] >> thank you, ma'am. next, please. >> thank you. my name is espinoza jackson. i have been a career activists for 50 years or better. n surprised that you have had this commission for just 18 years.
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you have a hard decision. i'm hopingñi that you do the rit thing. as the previous speaker said, the family knows best. and the innuendoes about brutality -- she was bruised because a lot of us are easy tubers, and we all know that. i want you to takece- the facts are, and not what people or the press gave up. please, do the right thing. so that you can sleep at night and people can look up to you in years to come. you are very young and you will continue to run for office. i'm quite sure they will do the right thing. -- that you will do the right thing. >> good afternoon. my name is barbara.
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ms. lopez, i supported your husband's position since day one. volunteered and another office. i respected the human side of him. he allowed a poppy belonging to their receptionist to work every day. if it was ok with him, it was ok with us. he was suspended with no pay. i immediately aired my on issues before the board of supervisors and sent a strong message to mayor edwin lee, that no one is free of domestic issues. mayor lee, have you looked at your own dirty linen? it is my sincere hope that you give him his job back as jarett, back pay, and his benefits be restored. made a piece of the lord be with you both, and of course, especially theo. thank you to everyone.
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>> commissioners, my name is francisco de costa. in all of your deliberations, some of those deliberations you have not heard. you have read about them, but you have not heard. we have a sunshine taskforce that after deliberation, sent hundreds of cases before this ethics commission. you have to ask yourself how many of those cases you have drawn into the wastepaper basket. -- thrown into the wastepaper basket. you have to ask ourselves whether we, the people, wanted an ethics commission like this that adjudicates in the manner in which you have thrown out so many cases sent to you by the sunshine task force. let me bring it to your
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attention. we have four supervisors who have been charged for official misconduct by you, commissioners. but in this process that one of your commissioners alluded to that may be a dog and pony show, in this process, you are going to give some adjudication and send the same process before the board of supervisors, of which four supervisors commissioners have been charged with official misconduct. we, the people, are puzzled. we are bewildered. we are confounded. i feel personally in this case, we should not have taken this route. a waste of millions of dollars and a waste of the people's
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time. thank you. ñfc>> good morning, commissione. i am president of the san francisco commission on the status of women. however, i speak as a -- an individual today. the city has reduced domestic violence by over 80% as a concerted effort through the policies of the city working through every branch of law enforcement and every representative of social services and the court. that also includes work by the sheriff's department. when you have a link that you cannot work with, that undermines the policy for the city. i also work as a -- an attorney as a regulatory enforcement attorney for the city. that also includes license fees. every employee has a code of conduct. the specific conflicts of
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interest may be specific to department, but in terms of licenses, we do remove for dui's and for domestic violence. the department of insurance and other agencies do not have that specificity. we all know what the common- sense definition of decency is. we hold the public trust. your decisions will impinge on whether or not an elected official has special treatment and does not have to conduct himself or herself -- [tone] with the related charges if that person is above rank-and-file. >> good afternoon. i am maureen? id. -- maureen daggett.
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my son and his wife are friends of russ. and i am also a longtime san franciscan. one thing that catches my attention is when the mayor testified. he said that he based his suspension on the declaration by madison commissioner -- by madison. commissioner renne, when that first came up, he said he thought it would poison the well and we should throw it out. madison was never called to testify.
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so that contradicts the idea that9jñ russ is being tried here again for what he pled guilty for. there have been several of you saying here today -- [tone] that they wished that he had said this or done that since that time that this had taken place that -- taken place. that would have made things go away. those are not the things he's being tried for. he comes from a good family. he is a good man. he has been voted three times by the electorate of san francisco. [tone] he served and then he was reelected -- [no audio]
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>> thank you, ma'am. thank you for your comment. >> i moved from here on 33 years ago with my family because i found my country of my dreams, the united states of america, a country where everything is based on justice, a country of relationships of kissing someone in the right place and relationships like that do not exist. everything is based on fact, on hard work. they do not bring somebody down because they do not like him. i came to the united states because i believe in america. and i am a u.s. citizen. this whole thing is distressing me and my family because it is an example for all of the new generation in this country that you work hard and in the heat of the moment of the family dispute
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over your child, you pull your wife or your husband's hand and get bruised and you get treated like a criminal. i hear all these words like wrong for conduct, unlawful conduct. if i were not in this room, i would think she was a criminal who beat his wife appeared that she calls 911 all the to -- every day. yes, he lost his temper for a second, in my opinion, and he grabbed his wife. i tell my husband of 20 years sometimes that i do not like him. i even say bad things to him. but it does not mean that i mean that. you make up later. [tone] we have to judge a person by their hard work and their progressive ideas. he does a lot of good things in life and in his career.
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just because of something like that we make him look like a criminal, while real criminals are working in the streets? i'm sorry, i get emotional. it is not fair. we all sleep at night. we will all die one day [tone] [no audio] >> thank you for your comment, ma'am. >> my name is patrick connors. i live in district 5 up the street from here. i voted for sheriff mirkarimi three times. i have lived in this neighborhood for 10 years. i also wanted to let you know that today also happens to be my wedding anniversary. four years ago, my husband and i were married, one of the 18,000 special edition, limited edition same-sex couples in california. i mention that because i've
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understand what it is like to be subjected to speeches public ridicule, as well as political scorn, pretty much for my entire adult life. and in terms of understanding that, i ask that you keep in mind that this commission did not appoint the sheriff. the board of supervisors did not appoint the sheriff. the mayor of san francisco did not appoint the sheriff. neither did gavin newsom, willie brown, rose pak. this man was elected to office. there is a method emplace for a recall to occur. it and the people who elected them should have the opportunity to recall him. that should not be taken away by anyone, any board or commission. [tone] or mayor.
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i asked you to please keep that in mind when you give your recommendation to the board. fair process may take time, as the city attorney pointed out today. but this procedure has taken a long time, too. nearly nine months. and signatures can be gathered, and could have been gathered in the last two months to have a recall began. [tone] please, let us -- [no audio] >> thank you, sir. >> good morning, hon. commissioners. how are you today? you all look very serious. a little humor here. my name is pedro. i'm a former san francisco policeman. eight years with the hon. san francisco police department. my wife is an investigator. i have no chairs mirkarimi for
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about 12 years now. -- i have known sheriff mirkarimi for about 12 years now. mr. keith and his office never proved sheriff mirkarimi used his power to dissuade witnesses. they have accused witnesses of perjury, of lying under oath. i do not drink she would do that if she is an honorable woman. i'm old enough to remember george christopher, the mayor, george kelly -- john shelley. k]khe boxed before the mayor dug his tenure. the integrity of the mayor has been brought into scrutiny. there was an alleged bomb threats phoned in. the mayor was hustled out of the room. don't your lives matter? why weren't you hustled out of the room?
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by weren't the citizens house about of the room? why was it just the mayor? [tone] if it was a legitimate bomb threat, why weren't you guys removed from the room? lastly, i know the chief has been hit over the head with a glass bottle a couple of occasions. mayor]#ññ newsom said it was a family issue, that the family should discuss it. he would let it go at that. i think mayor ed lee has overstepped his boundaries. [tone] thank you for your time. >> good morning, ladies and gentleman. my name is paul. some of you recognize me as the
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candidate for mayor in 2011. i was not well thought of on the campaign trail because i called ed lee in organized criminal at that time. mayor lee now faces charges before the state bar for violations of the state bar act. chapter 1, royals 1-100 permit it the use of public funds for perjury or corruption. -- prohibit use of public funds for perjury or corruption. mayor lee's and election fraud, collusion, graft, fraud, and ms. prison of felony, these are criminal acts. the mayor's use of this whole ethics process is transparent.
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the ethics commission has wrongfully postponed sunshine case number 11-048, where four supervisors now face criminal charges for their acts that have empowered civil-rights violations and numerous violations. [tone] this has damaged many people. we must hold the mayor accountable. it is time for the money machine in san francisco to be held to account. i have call on you to organize around one issue, and that is the recall machine. throw all the bums out. this is the first time since june 14th that we had public comment and the last person to make a habit -- public comment is now evicted. her name is lynn gavin. she is now running for office. but i would like to submit my -- [tone] comment for the record. thank you. >> good afternoon,
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commissioners. i may be a familiar face. my name is tracy lemon. i am an employment attorney and i have been a friend of ross and work on his campaigns for the last eight years. i knew him as a good, honest, hard-working man and very capable as a political officer. i am outraged at the mayor's abuse of discretion and abuse of power to attempt to remove a democratically elected official without pay, pending a five- month investigation and hearing. who knew it was going to be five months? baker have been five months, eight months, but it is -- it could have been five months, eight months, but it is very undemocratic. to start an elected official and deny him of the ability to ñ while he is still presumed innocent.
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it is outrageous for the mayor to have unfettered discretion to remove an official based on the standards that you have identified and discussed today. i think that gives him too much credit and it does not show a good history to that. and the question is -- who is next? the mayor-ap himself cannot be removed for official misconduct under the city charter. which is quite interesting, because if we actually committed perjury here -- [tone] before the ethics commission, it would be suitable to bring this up against him. i think this is a waste of resources and time and money. i cannot believe you created 15 in. of documents. i applaud you in your duty, but i think things have gone too far. i ask you to hold the mayor accountable and consider whether hea