be official misconduct. and i was confused by that answer because my understanding of your argument is that depending on whether or not the the -- they use or leverage their authority in thattest that they could be engaging in official misconduct by your own analysis. am i incorrect in -- >> no. i think you're absolutely correct. if the power of the office is used in some way to facilitate a crime or any other misconduct, that could be construed as official misconduct. >> supervisor campos: i wanted to clarify that because the answer left me with a different impression. thank you. >> president chiu: thank you. colleagues, any final questions to sheriff's counsel? supervisor farrell.

>> supervisor farrell: thanks. so just to be clear, on the timing issue, we've talked about this, ability and i know it's cn the briefs, your position is that mr. mirkarimi had no responsibilities towards the sheriff's department at all prior to the swearing in day. is that correct? >> i think the -- it's not necessarily that he had no responsibilities per se, but he had no duties of office. of course a person who's elected has certain responsibilities that we commonly understand, that they need to get ready to assume office. but that's not a duty, per se. because they're not actually in office yet. so i think we can distinguish between the responsibility that an elected official has to prepare for assuming office between the time of election and the time that they're actually in office. >> supervisor campos: and if i could also talk -- madam city attorney, you offer a different

opinion that it attaches basically on election day. is that correct? >> yes, that's!cbgc correct. >> supervisor campos: but no and therefore it's -- that's-iuñ whatever, november, whatever it was, is when it attached, with yourl5twe understanding. >> i don't want to speak for all cases. there are cases-at where a -- te are cases where a public officialjl8wñ is reelected to te same office and there are jurisdictions that cut off there are cases where private individuals coming into office. i mean there8bát many factual scenarios. in this particular case, i certainly think that1é2@ the du- that the duty attach no later most reasonable interpretation is that it attached on election >> supervisor campos: all

right. >> president chiu: thank you. colleagues, any other questions okay. at this time, why don't we hear rebuttal from mayor's counsel. there are so many things that i v basicü core issue that's before you. and the issue that the sheriff raises againoznmez again, and hs raised from the very beginning, is his conte$ an that whenw sheriff commits domestic violence, when he pleads guilty to thatx crime, when he serves a three year domestic violence sentence, that'sin2uf just his n private business. that has no relationshipjs+rñ ts office, as the sheriff of the city and county%fr of san francisco. and that simply shows a continuing failurez/[. to underd

the issue of domestic violence, to]@j understand the pivotal importance that this city's response to hisejáq domestic violence as sheriff carries. watching. and i think many are probably astounded by the notion that our normally progressive jurisdiction, our jurisdiction that usually reaches out to protect the victims, to protect the powerless are considering allowing a sheriff, and entertaining the notion that domestic violence does not relate to the duties of a chief law enforcement officer. it's important, i think, to remember that this misconduct is very significant. it is not just a mistake. it's not a mistake on december 31st. it's a crime. and it's a serious crime, with a serious sentence.

>> president chiu: continue please. thank you. >> and the sheriff's -- that domestic violence doesn't matter when it's committed by a sheriff. he wants you to believe that the voters would have you remove a sheriff if he commits petty theft of office supplies, but not if he threatens the life of a family member. that can't be right. i'm just for clarification of the audience, i'm not suggesting that's what he$ñ, did. i'm posing hypotheticals.(@=( my mistake. >> president chiu: ladies and gentlemen, we need to have order in the chamber. i ask you to respect that. that is the rule of this chamber. counsel, please proceed. >> thank;mh you. every sheriff's deputy in the san francisco sheriff's department knows thatrj:c if ty did the same thing, that sheriff mirkarimi did on december 31, av2y1 if they were then convicd

for it, that they would be in department misconduct policy, that they would be subject toe! termination, that this would relate centrally to their job. and suggest that a whole different set of rules applies to himwb"n than to the people o are supposed to follow his lead is simply incorrect and it shows youzúp÷ the fundamental failingh the logic of his pwnmon. >> president chiu: thank you, counsel. colleagues, any follow-up questions to either of thevñ'íi parties? okay. seeing non4tt9/"áju time, it is time for public comment with regards to this. our practice, we want to prioritizeu"es@ seniors, indivs who are disabled, or parents who kmje young children with them. individuals to please step up to if we could please have some

quiet. if noaction coul;v: ñ folks cour if we'knj, could please have se quiet in the chamber. prioritize seniors, individuals who are disa]"íg with young children. and once you've had an opportunity to speak, because we do have a significant overflow today, if we could ask, if you could please leave the chamber so that we can allow other members of the public to participate. i am going to remind folks -- i'm going to wait until the room's quiet before we start public comment, okay?uñ=:pyz

>> president chiu: okay. let me again remind everyone here in the chamber of our first rule of order. persons in the audience shall not express vocally support or opposition to statements during board meetings. applause or expression of a disagreement are prohibited. i really need to reiterate that or else we are not going to have orderly proceedings today. we will be here as long as it takes for members of the public to provide public comment. each member of the public shall have up to two minutes. and with that why don't we hear from our first speaker. >> ladies and gentlemen, it is my pleasure to allow the man i like him, and that is -- to him, to talk before me. i would like to hearing for my

leader6 >> president chiu: and ipxésú wt to welcome our former mayor back. thank you. >> thank you, mr. president. i'migxy here by virtue of my od age, which you've called as a right to go to the front of the line. thank you very

me says that most of all, most ofá5ñ unprecedented mayoral power3t(÷ claiming the discretion to charge any elected official in misconduct with or without a conviction on a case-by-case basis. mayoral discretion, crear to what some have said can threaten any elected official by putting him up against the full force and power of the mofts mayor's office, degree, city attorney and countless others. any one of you, any supervisor, who goes to a labor protest, who goes to a hastings regent's meeting and is arrested and charged could be subject to that kind of case. let me just say in closing, as a former mayor, i know extraordinary power. during the -- earthquake i used the state of emergency to close

neighborhoods, hold people without charges, put the army on the streets of our city, but i never had this kind of power, and no one should. >> president chiu: thank you, mr. mayor. i know you -- you've second -- >> my name is -- i was outside yesterday to support our president. and today, i am here inside the city hall to support ross mirkarimi. ladies and gentlemen, let me ask all of you, include our deputy attorney, when mr. chris daly, he was here, he prove to me and prove to the city that the former mayor gavin newsom -- and alcohol and he have relationship, this is criminal almost. what you talk about criminal,

you did, or he did. -- to have discrimination -- ross mirkarimi, and -- to have -- that our president or our mayor wanted to have in our city hall. no puppet. we need people have courage like me to say let ross mirkarimi go to his office now. >> president chiu: thank you. thank you very much. next speaker. >> thank you for the1k

will on thefwt city's budgets ad programs. advisory. it chooses legal rule. no courtyp@áñ standing. therefore, the mayor, inxg4l ug supervisor wá indecency and incorrect right action, in my mind, hei$@ñ abused the power f his office and should bd2r chard under those terms with official misconduct of the supposition of future behavior, whichkg] supervisors e questioned, unless you can prove he's auzç5rp& abuser, it should

have no standing for yourr37s consideration. exonerate the sheriff by the strength of your collective defensess(2 of your office. thank you very much. >> president chiu: thank you very much. next speakermeuxr pleaset$>xs. there is a microphone to your closer to you. >> myy!y name is diana hamilto. i live and i've voted -- i lived for ross mirkarimi. mirkarimi was?,, i was guilty of that too. he's just a regular joe, who happened to be very ambitious. he done very good work in my community. and i appreciate it. now, listen to what his wife

said in the social media. and it's clear that she want her husband and her child intact. that's why i'm asking you to reinstate mirkarimi for sheriff. i voted for him. reinstate sheriff ross mirkarimi please. thank you. >> president chiu: thank you. next speaker. >> good afternoon. good evening. my name is marva brooks. i live in district 5. and i'm here to support ross and his wife. let me tell you all something. in district 5, when he first got

&?ñpdo you hear me? a mess. young people doing whatever they want to do. everything thatd.fn happened th, he was the first person on scene. he was there. how many people you know, how many supervisors do you go around and talk to these young people in neighborhood. to 'em. you don't know if they got a gu. he has never showed any fear. if anybody fell,6# shot, whatev, he was there in his pajamas and you could see it, middle of the night. something. he could tell those people, young men, old men, and any othuñsnk that's in that departm, in the sheriff's unit in jail, relate to them, he could say what he'snq02 done. david, mark, ross,s#z5 paul, iw

all -- i worked with all of them. i workedl

next speaker. sf gov, i think we have something on the projector. ma'am, are you looking to use the laptop? >> yes. >> president chiu: okay. why don't we see if one of our clerks can assist you for a moment and why don't we proceed to another speaker so that we have a moment to figure out how to help you figure out how to use the laptop. next speaker. >> good afternoon, supervisors. my name is george -- woyames. i am 68 years old, and i'm a retired medical social worker in county of san francisco and a licensed social worker in the

state of california. between 1992 and 2003, i work for its jail medical service department of public health at 850 brian at san francisco general. i had compassionate release for dying inmates. all other sheriff michael hennessy. i'm respectfully asking you to reinstate ross mirkarimi as san francisco sheriff, to continue 32 years of rehabilitative programs initiated by sheriff hennessy, focusing on --mvfl redemption through education, mental treatment, diminution resid keeping the department of public health as the sole provider of medical service to9táñ the incarcerated. rather than contracting them out to -- with knownt9"$ records of prisoners death and abuse, these

services are('azñ now at risk of being totallyn dimúkf totally . he reassured voters3$h/ that prisoner redemption shall remain the priority in city jails. >> president chiu: thank you. >> name is collette brown. i wanted to show justw4ju like e lady said about why we need our sheriff. and -- a death because of old age or sicknessmwó]. it is quite another to experience[d(ç the sudden violt death of a lovedmibãone0pr=7é0.

(shots being fired) since 2004 san francisco has experienced a an unprecedented number of homicides. (siren sounding).

60% of the homicide victims are people of color. their loved ones, living in neighborhoods of scarcity and neglect must deal with their personal tragedies while at the same time facing the crime and violence of the unsafe neighborhoods that surround them every day. >> president chiu: thank you very much. thank you very muchaúnm. >> good afternoon, supervisors.

stop the corporate rape of our public library, don't money to what is this really about. the theme that we've heard over do we live under a series of laws that applysrqy÷ equally. i hope you're asking yourself while official misconduct charges were pending, but after commission president:6wlb jewelz remains in office with no response from the4ju after one year whatsoever. the answer of course is that it's not equal treatment.e÷ it's not official misconduct if you're a part of the mayor's gang,&e sx but it is official misconduct if it's a political mayor's benefit.fkd% ms. gomez's actions were clearly

violations of the law.;jw/ jewel gomez's actions took place joule gomez was acting as chair of the meetingó. jewel gomez's actions were excused as private philanthropyz getting its money's worth. despite the formal transmission byf7/m the fair -- to the mayory the ethics commission the mayor response or justification of any got for official misconduct. standards of our society are for sale to privateéym

and one more reason why lies cost more than the money. >> president chiu: thank you. next speaker. >> hello. hello. my name is eartha mcguire. first of all, just listening to this testimony, the mayor's representative is trying to prove how -- violate the official duties. i find it hard to believe.

and so we -- i volunteer for many organizations who do all this compassionate work. and ross is the jewel in the crown. i found it very easy to believe the woman who said that ross would appear in his pajamas and overcoat when there was trouble. that, time and time again, how ross always tried to assist a person who was in any kind of trouble. so i think ross is the jewel in the crowna é,ñ of san francisco. and we should reinstate the jewel. you. next0#v%w speaker.

sellig. i hope the board of supervisors3 do not slip down the slippery slope9szç of corporate fascism. mirkarimi. >> my name is maurice james, i'm executive8)2[x director and four of -- west which is a community san francisco. throughout the years, ross was a supervisor, he worked veryúó#ú diligently with my population, people. looked at them, followed the newspaper, elephant gun to kill an ant. i think that it's too much. i think what he and his family have suffered is enough.

irresponsible of you to take his job from him. hope that you reinstate ross to his job. thank you. >> supervisor chiu: thank you. next speaker. goo>> good afternoon. i am in district 6. my wonderful supervisor kim, she's the supervisor of my district. i've known ross for like 20 years, 15, 20 years, ross, i guess. and my feelings about the whole thing is supervisor, you have to realize -- well maybe i did vote sheriff and i think if anything should happen to the man it should come back to me to decide. don't do their dirty work for them. don't do it. don't fall for the dirty tricks they're going on to make you all look bad, especially the ones that's up for reelection, and

maybe of course you can't run anymore, sir. so of course the ones that's up for reelection, you have to realize how did all these agencies get these billboards up, who's funneling money where, if we want to look at the whole thing. but i'm not against -- the domestic violence thing, it's very good. but something is going on in the city, and we do need a outsider in the sheriff's office, a outsider, because they're waiting -- the other officers, the sheriff officers, i'm quite sure are waiting in line, wondering oh, good we get somebody in there that's part of us.ici and ross is an outsider even though he was on the board of supervisors and d.a.'s office but i think he would keep the progressive stance --