Ross Mirkarimi

The sleazy money typhoon

Zelda Bronstein
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106
The sleazy money typhoon

CORRECTION: This article has been updated to correct inaccurate information.

 

The flood of money into the San Francisco elections over the past month is mind-boggling. We’ve never seen this level of independent-expenditure attacks in district elections. We’ve never seen an out-of-nowhere conservative candidate with no political experience at all spend half a million of his own money to buy a San Francisco Assembly seat. It could be a very ugly Nov. 6.

The most dramatic entry in the last-minute sewer-money contest is the political action committee just formed to attack Sup. Christina Olague over her vote to retain Sheriff Ross Mirkarimi. San Francisco Women for Responsibility and Accountable Supervisor exists only to oppose Olague; Ron Conway, a close ally Mayor Ed Lee, has thrown $20,000 into the group, and his wife Gayle put up $49,000. Linda Voight, who is married to real-estate industry mogul and rent-control foe Thomas Coates, put up another $49,000. That more than $100,000 coming in during the last 10 days of a campaign and it’s an unprecedented amount of negative money for a district race.

The idea that a tech titan and a big landlord would use the Mirkarimi vote in a hit-campaign is disturbing to a lot of people, particularly Ted Gullicksen, who runs the San Francisco Tenants Union:

Conway’s committee attacks Christina Olague for supporting Ross Mirkarimi.  But really he is just using the issue of domestic violence as a tool to unseat a political opponent.  By doing so, he is cheapening the issue of domestic violence to further his crass political agenda of repealing rent control.

(Conway, in an Oct. 30 note, says he does not oppose San Francisco’s rent control laws. Coates has put significant money into anti-rent-control efforts.)

It’s also, apparently, payback from two of the mayor’s money guys — and it makes a screwy election even stranger. Particularly since none of the other prominent candidates in D5 are out there going after Olague on her vote and most of them probably would have voted the same way.

Conventional wisdom is that attacking Olague helps London Breed, who is the candidate the landlords have chosen (and spent $40,000 on). But nobody knows exactly what will happen when all the ranked-choice ballots are counted. John Rizzo has largely weathered the story of attacks from all sides and will be #2 on a lot of ballots. I think Julian Davis is finished, and more of his supporters will go to Rizzo or Olague than to Breed.

Still, it’s entirely possible that the most progressive district in the city will be represented by someone who is likely to be more aligned with the moderates and conservatives than with the left.

Then there’s Michael Breyer, who has now put more than $500,000 of his own money into the Assembly race against Assessor Phil Ting. Breyer’s never done anything in local politics; he claims to talk about old-fashioned San Francisco values and hypes his family members from past generations who have been active in the community, but he grew up on the East Coast and moved here in 2002. But with that kind of money, the more conservative candidate has been able to bring the race close to even.

And if he can use his own fortune to top Ting — who’s been a decent Assessor and has long ties to the community — it’s going to be a bad moment for San Francisco politics.

 

 

Another look at Olague

Andrew Lam
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22

OPINION As Election Day nears, the chaotic contest for supervisor in District 5 represents a critical decision for progressive voters in the district — and for activists across the city.

The campaign for Julian Davis, the original first choice of many left/liberal activists, has imploded and is now in free-fall. The repercussions of the board’s vote on Sheriff Ross Mirkarimi continues to reverberate, nowhere more than in District 5. And respected progressive advocates who had worked together for decades are now estranged, even as our city faces urgent challenges of great complexity.

I don’t know Davis or the other candidates in District 5, but I sat down with Supervisor Christina Olague last month after she received the endorsement of the San Francisco Labor Council. It was our first meeting, and as I rode the Metro to Civic Center I was, frankly, not expecting much. Like many San Franciscans, I could not help but be skeptical of anyone appointed by Mayor Ed Lee. I had heard of decisions made and votes cast by Olague that troubled me. I was not expecting to like her, but friends of mine in the labor movement encouraged me to speak with her directly and I’m glad I did.

I started to like Olague as we walked from her office to find some lunch. Before we got to a restaurant I was already asking her questions about some of the tougher choices she’s made. We didn’t agree on everything, of course, but I was struck by her candor, her common sense, and pragmatic progressive values.

Christina Olague grew up in a migrant labor community in the Central Valley. She survived the often-brutal working conditions and poverty that define the lives of some of the most cruelly exploited workers in the United States. She became active in politics early in life, put herself through school, and moved to San Francisco, where she became a familiar figure in the city’s grassroots community.

As a Latina, and as a member of the LGBT community, Olague’s life experiences shaped her politics and basic values. Her candidacy is important in a city that seems every day more destined to become an enclave reserved exclusively for only the very wealthy and most privileged.

I endorsed Olague several weeks before she cast her vote on the struggle between Lee and Mirkarimi. I would have continued to support her regardless of her vote that day. But the bitterness of that controversy, and the nature of the scandal now surrounding Davis, underscore the need for progressives to heal, to repair our alliances and to demonstrate political leadership grounded in respect for all our communities.

The UNITE HERE International Union represents hotel, restaurant, casino, food service and laundry workers throughout the US and Canada. The majority of our members — the people I work for — are immigrant women. In our union we stand together: LGBT and straight, brown and black and white, immigrant and native-born. In all our actions we seek to build power for working people and to strengthen the broader movement for peace and social justice.

San Francisco has seen many changes in the 40 years since I first hitchhiked here as a youth from Arizona. While the political landscape has certainly altered, I reject the notion that the city’s voters have moved irrevocably to the right. I do believe that progressive activists must do better in communicating our values and our vision for this beautiful and unique city we all love. I think Olague could be an important part of that process.

On behalf of the members of UNITE HERE Local 2, and as a longtime organizer for LGBT and worker rights, I ask my many friends in District 5 to take another look at Christina Olague and to consider casting your vote for her on November 6.

Cleve Jones is a longtime activist and the founder of the NAMES Project AIDS Memorial Quilt

A new feminism for San Francisco

Andrew Lam
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34

OPINION Accountability is one of the hardest things that we have to do. Being accountable stretches us to our very limits as human beings. Blame and deflection is a function of shame, and more often than not, when we make a mistake, it’s more common to point the finger at someone else than it is to acknowledge our mistake and work towards a different practice. The story time and time again is how it never happened — and then when the water gets too hot, there’s generally a soft acknowledgment that something did happen, but by then, the damage is done and trust is broken.

As feminists working in the progressive community for social justice, we are calling for a new type of accountability — one that’s not about demonization or polarization, but instead consists of checking ourselves, checking each other, supporting each other when we are brave, and having the courage and integrity to acknowledge our mistakes and work towards making whole what has been damaged.

Progressives need to take a look at ourselves and come together so that we can advance our vision for San Francisco. We aim to build a progressive movement in San Francisco that is rooted in compassion and love, that acknowledges our contradictions and works to create bridges across class, race, and gender that are so often the typical pitfalls that keep us from accomplishing what we really want and need. Checking ourselves is an act of love for ourselves and for our communities.

The last few weeks in San Francisco have not just been about men behaving badly; it’s also been about women treating each other badly. White feminists in San Francisco came together to “save” Eliana Lopez, an immigrant woman of color, but never actually included her in the conversation — and then treated her like she had Stockholm syndrome. Women who supported Sheriff Ross Mirkarimi were suddenly not feminists anymore. Survivors of domestic violence who supported Mirkarimi and supported redemption were shunned by a large portion of the domestic violence community.

We recognize that there are important reasons why domestic violence law allows charges to brought without the consent of the survivor; however, in this case, these laws were misused. How demoralizing to see a largely white, second-wave feminist advocate community come together around a woman they failed to include in the conversation about what she felt was best for herself and her family. Are we still in the 1950s?

The attempt to remove Mirkarimi from office was a political attack. It does a disservice to the cause of domestic violence to use it as a political tool to unseat a politician. At the same time, it was also regrettable that many progressives supporting the sheriff did not take the domestic violence charges against him seriously enough — both in the initial outcry that surrounded the charges and by being disrespectful towards the domestic violence advocates who testified at City Hall.

On the other hand, following close on the heels of the Mirkarimi situation, District 5 candidate Julian Davis was accused of a troubling history of inappropriate and nonconsensual groping by more than one woman. We have to take into account that there is an unacceptable cultural reality that people are likely to believe accusations against men of color by white women that are untrue, but that is not what has happened with the accusations brought forward about Davis.

In this scenario many in the progressive community knew about this history and were complicit in silencing any real conversation about it. It was only when Davis started intimidating one of the women that brought accusations against him with threats of legal action that a real conversation opened up.

Our goal is not to rehash Davis’s past behavior; everyone deserves redemption. However, it would make it easier for those of us who want to work with him going forward if he could take responsibility for his past instead seeking to silence his accusers.

Many have stood up to support the woman who came forward, but sadly others have not. For women and feminists in our movement it was exceedingly demoralizing to watch people who call themselves progressives attack a woman who came forward or dismiss her allegations because of political allegiances. One blog even went so far as to try and discredit her by alleging that she had been in a pornography film, as if somehow this would cast doubt on her allegations.

We seek a kind of feminism that supports and empowers women to make informed choices about their lives, not the type that falls into the same pattern of erasing the voices of women of color and immigrant women. We are calling for a cutting-edge feminist movement that includes men in our strategy of ending violence against women, and a feminist movement that walks away from this tired dualism between “victims and perpetrators,” when we all know that these so-called perpetrators are often victims of violence themselves.

We are calling for restorative justice that bridges the divides of class and race and gender and makes us stronger to achieve the lives that we want and need. We seek a feminist movement that sees housing and economic justice and racial justice and gender justice as all part of the same movement.

The truth of the matter is that in our progressive movement here in San Francisco, there is still a prominence of straight white men who continue to believe that they are the sole arbitrators of what is or is not progressive in this city, who go after women of color in leadership with a ferocity that they do not for our progressive male counterparts, and who continue to excuse problematic behavior in ways that undermine us all.

So much has happened so quickly that it has been hard to orient ourselves and keep fighting for our rights and our communities. After the election, we call for a public conversation around what it means to be a third- or even fourth-wave feminist progressive that we can build our work around — where men are feminist and women of color leaders can actually get some support from the progressive left. Gabriel Haaland is a queer, transgender Labor feminist and domestic violence survivor. Jane Martin and Alicia Garza are queer, feminist community organizers in San Francisco’s working-class communities of color

DCCC’s Mirkarimi resolution gets delayed

Sasha Cuttler
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126
DCCC’s Mirkarimi resolution gets delayed

San Franciscans will get a chance to take a deep breath – and their politicians will be able to get past Election Day – before wading back into the sordid saga surrounding Sheriff Ross Mirkarimi’s fitness for office, thanks to a resolution condemning him being pulled from tomorrow night’s San Francisco Democratic County Central Committee agenda.

The measure’s chief sponsor, Zoe Dunning, today sent her DCCC colleagues an email thanking supporters of the measure but noting that “a few of you also expressed your belief that collaborating on an amended but substantially similar resolution would help maximize consensus on the DCCC. In consideration of these sentiments and my desire for consensus, I’ve decided to temporarily withdraw my resolution from consideration.”

Instead, Dunning said that she would reintroduce a new resolution for the following meeting, which is scheduled for Nov. 28. Her resolution condemns Mirkarimi for the domestic violence incident against his wife – for which he accepted criminal responsibility in March and survived an attempt to remove him from office for official misconduct last month – and voiced support for his recall by voters.

Inside sources tell us the reason for the delay has less to do with the substance of the measure than with its timing, coming while emotions are still so raw and emotionally charged on both sides of the Mirkarimi question. Few DCCC members had the stomach right now for a replay of the ugly, hours-long public testimony that marked the Oct. 9 Board of Supervisors meeting – particularly coming during Game 1 of the World Series.

Dunning conceded that one factor in her decision was that she “got the feedback that emotions are a little raw right now,” although she told us her main reason was to gather more support: “The timing aspect of it was getting more consensus on the measure. I’m not doing this to be divisive, but I would like the party to take a stand on this.”

That wasn’t the only dramatic item on tomorrow’s DCCC agenda, which also includes a proposal to revisit the DCCC’s “no endorsement” vote in the contentious District 5 supervisorial race and make an endorsement. The effort was sparked by supporters of London Breed who hope the moderate-dominated body will offer its support to counter current efforts to consolidate progressive support around Christina Olague in the wake of Julian Davis’ current difficulties around his handling of allegations of past misbehavior toward women.

Few sources that we spoke to wanted to offer their predictions for how the D5 endorsement would go, but some were relieved that it was decoupled from the Mirkarimi measure that was placed just ahead of it on the agenda.

Yet Mirkarimi is still likely to be hit with the DCCC’s condemnation when it reconvenes next month, barring a change in the political climate or a deescalation by either the Mayor’s Office or the DV community, which isn’t likely.

Matt Dorsey, the spokesperson for the City Attorney’s Office who was elected to the DCCC in June with progressive support, co-sponsored the resolution and told us a recall election is needed to bring closure to this saga.

In an email response to our questions, he wrote: “First, I disagree that a recall would fuel a continued divisive climate. To the contrary, a successful recall would resolve division. Frankly, even an unsuccessful recall would offer both sides the satisfaction of knowing that voters settled the matter – without questions over the legitimacy of the official misconduct proceeding or legal interpretations of the Charter.”

Mirkarimi didn’t respond to our inquiries, but Olague told us last week that she would like to see the fight put to rest. “What I’m concerned about right now is a lot of people are exploiting issues around domestic violence and politicizing it,” Olague said, calling for people to “stop demonizing him” and accept that he’s been punished and is getting the help he needs. “Now it’s so convenient to try to destroy Ross and I think that’s wrong.”

She said the twin scandals involving how Mirkarimi and Davis have treated women – and how those incidents are being exploited – are damaging the city, but she hopes they will give rise to more productive discussions.

“What I’m concerned about is the progressive movement find a way to heal and come together in a way that is more respectful of women,” Olague told us. “Rather than dancing on the grave of Julian Davis, how do we come together and talk about how we treat women?”

The ‘heightened sensitivity’ blues

Andrew Lam
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74

OPINION 

“No one can deny that there is presently a particular sensitivity around domestic violence issues, and this may have been a contributing factor in their decision in this instance. I want to emphasize that I respect this heightened sensitivity and I will not criticize those allies of mine that have chosen to withdraw support.”

– Oct. 17 press statement from District 5 candidate Julian Davis

This is not a Julian Davis hit piece. Just as much as any young progressive in this town, I know the guy. He’s not a bad guy.

He can be a boor. But to be fair, he’s only doing what he’s been taught to do in this era of the San Francisco City Hall progressive scene.

Lemme take it back to my first assignment covering politics for the Bay Guardian (indulge me.) I was a culture intern.

I was assigned to the Democratic County Central Committee election-night party at the Great American Music Hall. I had the early shift, because those hours of the evening are boring enough to entrust to an intern with little background knowledge of the San Francisco political scene. While I was there, gamely interviewing the only person I recognized from the newspapers (a man who I’ve been told ad nauseum is a leader of the San Francisco progressive movement), a shrill -– to appropriate a term usually coded for women and gays –- elderly, straight male blogger approached us and inquired loudly if I was the politician’s escort.

Now, I am pro-sex worker. But as a young woman who was performing an important task for the first time, when a dinosaur implies that you are at a stone-dull political happening to solicit sexual favors for money -– well I’m sorry, brothers and sisters, but I was there to interview people for a newspaper. I don’t think this man’s query, shouted as it was over the crowd, implied a high degree of sex-positivity.

The progressive leader seemed unfazed. Who knows, maybe it happens all the time. He briefly made introductions and ninja-moved into the social melée, leaving me with old blogger, who commenced interrogating me rudely, on camera, from a distance close enough that I could smell him. It wasn’t a superlative scent.

Perhaps Kay Vasilyeva felt similarly six years ago when she went to Bill Barnes, who was serving as campaign manager for Chris Daly, the San Francisco progressive deity at whose campaign event she says the most egregious incident with Davis took place.

Davis groped her, she told Barnes. He told her she could report the incident to the police, and when questioned about the incident by Fog City Journal last week, he said “my memories that are most clear about that campaign were the political side of what was going on, not about the interpersonal issues.”

I’ve told my election night story a couple times over the last week since it stands out clearly as the moment I knew, for sure, I would never get involved in San Francisco politics.

More than one of my friends told me I was asking for this humiliation, what with having identified myself as a Guardian reporter. I’ll admit, that perhaps I could have expected such diminutive behavior. The paper’s, like, “controversial.” All the same, I told those friends, as respectfully as possible, to fuck off.

In the wake of the Ross Mirkarimi and Julian Davis debacles, and in the wake of reaction to said debacles (decidedly the more catastrophic happenings, even compared with the acts themselves), many are realizing that the dominant face of SF progressivism is that of a self-absorbed, hierarchy-enforcing man.

Perhaps some are making the cognitive leap to wonder about why we’re not exactly overwhelmed with progressive females in elected office.

Could it be that through sloppily coded language like that used in Davis’s email, the Barnes response, and my election night incident, an environment is systematically being created that no intelligent young women would ever sanely choose to take part in?

Tell me I’m too soft for politics. Sure you’re right. Tell me it’s equal opportunity assholery. Probs. Tell me that’s just how it is.

I’ll tell you this: being progressive is about more than voting in favor of rent control and raising teacher’s wages. Being pro-choice is not the end of one’s involvement in women’s issues. You can have all the right politics on paper, but if you make those who are different from you feel like shit when you’re two cocktails into election night, take a seat, wrench your eyes from their tits, and let someone else take the lead, because you’re the reason why the progressive movement, the labor movement, et. al., are stale and worn.

Convince all the young women and other people who are not the face of power in this country that they have no place and they will find a different place, and your slate will be all the dumber for it.

Beware, boorish men, when you blame the current spate of sexual abuse unmaskings on “political climate” or “interpersonal issues.” Denigrate actual justice as a “trend” or “gossip” and you will most certainly find yourself fighting for something that you really, really don’t want — the increased infirmity of the movement you claim to hold so dear.

“Heightened sensitivity” getting you down? Hit up a pharmacy, I bet they have a cream for that.

Move on, Mr. Mayor

Andrew Lam
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21

EDITORIAL San Francisco politics hasn’t been this tense in years — and it’s not just because of the upcoming election. The battle over Mayor Lee’s attempt to oust Sheriff Ross Mirkarimi has left bitter divisions at City Hall and in communities all over town. And the mayor is only making things worse.

In an odd way — and we say odd because it was so expensive and a misuse of mayoral power — the system worked. Mirkarimi, who had a physical altercation with his wife that left a bruise on her arm, took responsibility and pled guilty to a misdemeanor; he’s now on probation and undergoing counseling.

After the mayor decided to invoke a rarely used Charter provision and suspend Mirkarimi without pay, the Ethics Commission held hearings, conducted and extensive inquiry and voted to uphold the charges, with the chair, Benjamin Hur, strongly dissenting. Every one of the commissioners raised thoughtful points; several poked big holes in the mayor’s case.

Then the Board of Supervisors met — and again, the members carefully considered Mirkarimi’s actions, the language and history of the City Charter, the prevailing law, and the facts of the case. There was remarkably little political grandstanding; we listened to the entire meeting, lasting more than seven hours, and were left with the impression that the supervisors took their job seriously, weighed the case, forced the City Attorney’s Office, representing the mayor, and Mirkarimi’s defense team, to justify their arguments, and rendered a ruling.

Nine votes were needed to remove the sheriff; that’s appropriate for such a profound sanction. Only seven supervisors sided with the mayor, and the four who rejected the charges had excellent, well-stated and credible reasons.

That’s the way the Charter outlined this process playing out, and in the end, the mayor lacked the overwhelming consensus he would have needed to use his executive authority to remove from office someone duly chosen by the voters. It’s done; it’s over. Most of the city would like to move on.

That’s not to say that Mirkarimi should be celebrating. He did an inexcusable thing. Domestic violence advocates have every right to be unhappy with his actions — and nobody, nobody in town should condone his behavior. He’s not denying it, either; he accepted the criminal consequences and will now have to demonstrate that he’s able to do his job.

But the mayor won’t move on. Mirkarimi sent him a note asking for a meeting, and Lee hasn’t responded. That shows a lack of leadership — and a lack of the civility that the mayor promised us when he took office. Ed Lee started this political process, and now that it’s over, he should be leading the effort to pull the city back together, to recognize that there were valid arguments on both sides of this case and his didn’t prevail — and to stop the demonization of people who didn’t agree with him.

Agnos and other progressives rally for Olague

Sasha Cuttler
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72
Agnos and other progressives rally for Olague

A string of prominent local progressive leaders today offered their support to Sup. Christina Olague – including former Mayor Art Agnos, who announced his endorsement of her in the District 5 supervisorial race – in a rally on the steps of City Hall.

In the process, many voiced a need to broaden and redefine progressivism as valuing independence and diversity of perspective more than just stands on specific issues, traits they said Olague embodies. But more than anything, the rally seemed aimed to consolidating progressive support around Olague as the best hope to beat moderate London Breed in one of the city’s most progressive districts.

“District 5 is often referred to as the most progressive of San Francisco’s supervisorial districts. It includes a diversity of views and opinions on how to meet the challenges all our communities face,” Agnos said. “And it takes a supervisor who know how to listen, to hear and respect those differing views, while working for a resolution that moves us forward.”

Sup. David Campos made only a veiled, indirect reference to the problems some progressives (himself among them) have had with some of Olague’s stands since she was appointed to the job by Mayor Ed Lee, but he said, “Those of us who have worked with her know what’s in her heart…She has been the independent person we always knew she would be and I’m proud to stand with her today.”

Several speakers made reference to Olague’s working class roots, her perspective as a Latina and member of the LGBT community, and her history of progressive activism in San Francisco. Cleve Jones, Gabriel Haaland, Sandra Fewer, and Sup. Eric Mar were among those there to offer support.

“It was a big give by the Mayor’s Office to appoint someone who wasn’t always going to agree with him,” said Sup. Jane Kim, but that was about the only positive reference to the Mayor’s Office, which turned on Olague after she voted to reinstate Sheriff Ross Mirkarimi, setting the stage for her return to the progressive fold.

“To be a progressive is to share an ideology that understands and believes that the best decisions for our city require the participation of all of us, no matter who we are, where we live, or how big our checkbook is,” Agnos said. “As with so many who have endorsed her, that progressive label says she is a politician who understand this fundamental truth.”

SF Rising board member Alicia Garza kicked off the rally by saying, “We are here to set the record straight that the progressive movement is alive and well in San Francisco.” Later, she praise Olague’s history as a community organizer, saying that, “She understands deeply what it means to empower communities.”

Sup. John Avalos, another supervisor who hasn’t always agreed with Olague in the last nine months and just endorsed last week, commended her for the courage it takes to assert her values instead of simply supporting the mayor who appointed her. He said Olague recognizes that, “We live in a city of extremes, with extreme differences between the haves and have-nots.”

Another new progressive endorsement, coming in the wake of one-time progressive favorite Julian Davis’ troubles, was Quintin Mecke, who said he first worked with Olague on anti-gentrification issues 13 years ago. “I trusted her work then and I trust her work today,” he said. Activist Lisa Feldstein – like Mecke, a former D5 candidate – echoed the sentiment.

“I’m here because I really trust Christina and want to fight for her,” Feldstein said. “She comes from a place of integrity and compassion.”

When Olague finally took the podium, she said, “I am humbled by the heartfelt words of my colleagues.” She also tried to help define progressivism in San Francisco, said that it “isn’t about a cult of personality.”

Instead, she said it’s about working to building people’s capacity to create an inclusive and just city. “It’s about building a movement that can weather any storm,” Olague said, closing by saying she’ll ensure “the progressive voice is always strong in District 5 and I’ll keep working to make it heard until I’m blue in the face…I am the most progressive person in the race.”

D5 shakeups flip the dynamics of that wild race

Sasha Cuttler
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110
D5 shakeups flip the dynamics of that wild race

[UPDATED AND CORRECTED] Wild and unsettling political dynamics have rocked the District 5 supervisorial race, with three major candidates having prominent endorsements withdrawn, the most significant being this week’s mass exodus of support from the campaign of Julian Davis following his bad handling of allegations that he has mistreated women.

Those withdrawing their endorsements of Davis since Saturday include Sups. John Avalos, David Campos, and Jane Kim, Assembly member Tom Ammiano, the Bay Guardian, the Examiner, and the League of Pissed-Off Voters. The Harvey Milk LGBT Democratic Club has scheduled a vote for Monday on whether to withdraw its sole endorsement of Davis.

Avalos gave his endorsement to Sup. Christina Olague over the weekend, and she seems to be getting more progressive support in the wake of Davis’ flame-out and her Oct. 9 vote in favor of reinstating Sheriff Ross Mirkarimi. That vote triggered a strong backlash against Olague from Mayor Ed Lee and his allies, with San Francisco Police Officers Association withdrawing its endorsement.

But former Mayor Art Agnos reached out to Olague – who he didn’t know previously – after the Mirkarimi vote and is rumored to be considering offering her his endorsement and support. Agnos didn’t confirm or deny the rumor, but he did tell us, “I was very impressed by her commitment to the progressive issues we share.”

Olague has a long history of progressive activism and was a consistently good vote during her tenure on the Planning Commission, but many progressives were concerned by her early support for Lee, who then appointed her to the District 5 seat vacated by Mirkarimi’s election as sheriff, and by some of her votes and behaviors since then.

But now that she’s been viciously attacked by Lee’s staffers and allies over the Mirkarimi vote – and iced out by Lee himself, who she says won’t return her calls and who bailed out on a planned campaign appearance – Olague seems to have a newfound independence. “At the end of the day, we serve constituents and the city, and that’s who we should answer to,” Olague told us, agreeing that she feels freed up by recent developments, as difficult as they’ve been. “You don’t become an indentured servant.”

She told us that her decision last year to co-chair the “Run, Ed, Run” campaign to convince Lee to break his promise and run for a full term to the office he’d been appointed to was based on her belief that “we’d see an infusion of new energy and some more diversity” of both ideology and demographics in the Mayor’s Office.

“Sadly, I’m not seeing those changes happening really. I didn’t sign up for another four years of Gavin Newsom and those thugs, and I’ve seen a lot of that same behavior,” she said. “People who played prominent roles in the Newsom administration continue to play prominent roles in this administration.”

Olague said the schism with the administration began this summer when she supported Avalos in trying to bring in new revenue as part of the business tax reform measure that became Prop. E, which Lee had insisted be revenue neutral before compromising with progressives. That was when Olague said she got her first nasty message from Tony Winnicker, the former Newsom press secretary who now works for Lee and wrote Olague a text during the Mirkarimi hearing telling her “you disgust me and I will work night and day to defeat you.”

Some prominent progressives privately worried that schism was an election ploy designed to help Olague win the race for this progressive district given that Davis had captured most of the influential progressive endorsements. But with Lee and his allies continuing to be openly livid over the Mirkarimi vote – and with solid progressive John Rizzo running a lackluster campaign that has less than $5,000 in the bank – there is growing progressive support for Olague.

The big fear among many progressives is that London Breed will win the race, a concern that has been exacerbated by the support that Breed has been receiving from real estate and development interests, both directly and in independent expenditures by the Association of Realtors, which has spent more than $225,000 in this election cycle hoping to knock out progressives in Districts 1 and 5 and tip the balance of power on the board.

Breed told us that she doesn’t know the Realtors or why they’re offering such strong support, pledging to be an independent vote. “I’ve never made any promises to anyone that I would help anyone or that I would be this way or that,” she told us. “I’m not here to do anyone’s bidding, whether it’s Aaron Peskin or Willie Brown or anyone else.”

Brown helped launch Breed’s political career by [CORRECTED recommending then-Mayor Gavin Newsom] appoint her to the Redevelopment Commission, where Breed supported Lennar and other big developers, but she had a falling out with him earlier this year and made impolitic comments about him to the Fog City Journal, causing US Sen. Dianne Feinstein to withdraw her endorsement of Breed.

Brown, Lee, and Chinatown power broker Rose Pak helped raise money for Olague, who has received the maximum $500 donation from such powerful inside players as venture capitalist Ron Conway (and his wife, Gayle), Michael Cohen, Victor Makras, Lawrence Nibbi, Mark Mosher, and John Whitehurst.

But that was before the Mirkarimi vote, which Lee’s allies seem to see as a litmus test on Olague’s loyalty to them. As Tenderloin Housing Clinic director Randy Shaw, who helped engineer the progressive split that brought Lee to power, put it on his Beyond Chron blog, “Olague’s vote was an act of profound disloyalty not only to the mayor who appointed her, but also to those who pushed the mayor to do so.”

Olague says she’s disturbed by that viewpoint, and by those so blinded by their efforts to demonize Mirkarimi “and exploit and politicize issues around domestic violence” that they have failed to consider the price he has already paid for his actions or the legal standards for removing an elected official. “On something like this, it’s not a question of loyalty. It’s about principles,” she said.

Breed says that she has seen an increase in support since the Mirkarimi vote and the Davis meltdown, but she said that she doesn’t want to talk about those cases or exploit them politically. “I don’t take pleasure in the misery of someone else,” she said, adding her hope that the furor about Mirkarimi will die down. “The decision has been made and it’s time for the city to come together.”

Progressive leaders have made similar calls, but Mirkarimi’s critics are showing no signs of letting the issue go. San Francisco Democratic County Central Committee members Zoe Dunning and Matt Dorsey have put forward a resolution condemning the reinstatement vote and calling for Mirkarimi’s ouster, which the DCCC will consider on Wednesday evening, Oct. 24.

[CORRECTED At that meeting, the DCCC will also consider a motion] to reopen the D5 endorsement process, hoping to change the DCCC’s previous “no endorsement” vote, and sources tell us there is currently a strong backroom effort to give the endorsement to Breed. That vote will be a big test for progressives, which lost their majority control over the DCCC in the June elections.

Meanwhile, D5 candidate Thea Selby – who snagged one of the three endorsements by both the Guardian and the Examiner – continues to run a strong and well-funded campaign that has avoided the carnage taking place in the other campaigns. “I feel like I’m in the middle watching out for flying beams,” she told us, adding that both she and Rizzo have been “the grown-ups in the room, so there’s an opportunity there and I’m hopeful.”

But unlike Rizzo, who has seems strangely absent and didn’t return Guardian phone calls [see UPDATE below], Selby has plenty of money in the bank – nearly $60,000 as of the last official report two weeks ago – and could benefit from voter disgust with the ugly politics at play. “It’s my experience that is driving this,” says this small-businessperson, “and not my lifelong desire to be a politician, and that may ring some bells.”

How the ranked-choice voting system will play out in this mess is anyone’s guess, and even Davis seems to be hoping that he still has a shot, resisting calls by the Guardian and others to withdraw from the race. Poorly funded candidates Andrew Resignato and Hope Johnson this week announced they were joining forces for the “People’s Ticket” after being excluded from a University of San Francisco candidates forum.

But most political observers seem to think this race will come down to a two-person contest between Breed and Olague – who each have more than $45,000 in the bank with which to make a strong final push – and the distinctions between them are becoming clearer as more progressives get behind Olague and the moderates and monied interests get behind Breed.

Olague said she’s still “willing to work with anybody,” but that, “I’m worried that moderate forces will seize this moment to try to destroy us.”

UPDATE 4:45: Rizzo just got back to us and said he’s been actively campaigning and feeling good about his chances. “We have a great team and we’ll have enough resources to reach voters,” Rizzo said. He said that he’s had a stong fundraising push in the last couple weeks since the last campaign financing statement was released, and he noted his endorsements and active support by influential progressives including Ammiano, Campos, and Carole Migden. “We’re doing a lot of retail campaigning, meeting voters and getting the message out.”

Gascón’s challenge to Mirkarimi belies his own official shortcomings

Sasha Cuttler
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Gascón’s challenge to Mirkarimi belies his own official shortcomings

The backlash against Sheriff Ross Mirkarimi’s reinstatement by those who oppose him has often been biting and bitter – an indicator that coming together around real solutions to domestic violence, something most supervisors pledged, could still be difficult – but the most hypocritical reaction came yesterday from District Attorney George Gascón.

“Ross is now reinstated as our Sheriff and I accept that. What I will not accept is any compromise of public safety as a result of his reinstatement. Ross Mirkarimi is on probation in this county for a crime of domestic violence. He is, at a minimum, incapable of adequately performing the functions of his office that relate to crimes of domestic violence,” Gascón said in a public statement, calling for Mirkarimi to “wall himself off” from all domestic violence programs and inmates and hire an independent special administrator to oversee them.

Gascón didn’t explain why he believes Mirkarimi can’t oversee these functions, although that’s been a common refrain among Mirkarimi’s critics, almost an article of faith that to them needs no explanation. I understand the sentiment, but as a practical matter, it still doesn’t make sense to me (I’d welcome comments that could offer insights or explanation). I’ve also posed that and other questions to both Gascón and his spokesperson, Stephanie Ong Stillman, and I’ll include an update when I hear back.

Maybe the issue is a conflict of interest, the belief that Mirkarimi will either be too easy or too hard on domestic violence inmates or programs, which seems to be stretch. But if that’s the case, Gascón should get off his high horse. Gascón was the police chief when then-Mayor Gavin Newsom appointed him as DA, and there were many voices in the community who questioned such an unconventional move, one that raised obvious questions about whether Gascón could be objective about cases of police abuse, evidence tampering, or assorted other cases in which he would be called upon to make tough judgments about the SFPD. There were calls for Gascón to wall himself off from such cases, which he refused to do, even though that was arguably a more serious and direct conflict of interest than Mirkarimi overseeing the jail.

Also, let’s not forget that it was Gascón who started this whole ordeal by deciding to charge Mirkarimi with domestic violence crimes, accept the plea bargain to misdemeanor false imprisonment, and recommend the punishment that the court accepted – which included the highly unusual requirement that Mirkarimi issue a public apology to his neighbor, Ivory Madison, who went to police against the wishes of Mirkarimi’s wife. At the time, Mirkarimi was serving as sheriff and overseeing all the department’s functions – and he wasn’t letting the batterers run free or battering them himself – and Gascón didn’t raise this issue of then or make it a condition of Mirkarimi’s plea, which he certainly could have.

Finally, there was this sanctimonious statement by Gascón: “As the chief law enforcement official in this City and County, I will stand unapologetically with the victims. I will work tirelessly to be sure both victims and witnesses know this city does not tolerate domestic violence.” Yet the record of his office indicates something that falls far short of tireless efforts to combat domestic violence.

As a San Francisco Public Press investigation revealed last month, San Francisco has by far the lowest rate of domestic violation prosecutions of any Bay Area jurisdiction, a terrible record that has gotten even worse since Gascón took over. Whether judged by the number of domestic violence cases filed per capita (29.5 per 10,000 residents, compared with 58.5 in the region) or the number cases it received that it declined to prosecute (it dropped 6,200 of the 8,600 cases that it received from police), Gascón has no business claiming to show zero tolerance for domestic violence. His prosecution of Mirkarimi was more aberration than rule.

We’ve been trying to get a comment out of the DA’s Office on this issue for weeks, and they still haven’t replied (Stillman told me today that “we’re still working on it”). Gascón was also asked about his office’s poor record on domestic violence recently on KQED’s Forum and gave only a deflective non-answer. Perhaps he’d be better off figuring out how his office could so consistently fail the victims of domestic violence rather than worrying so much about the too-few of them that he’s managed to send to jail.

We all understand what an emotional and important issue domestic violence is, and even how unsettling it may be to many to have Mirkarimi as sheriff. But the members of the Domestic Violence Consortium and La Casa de las Madres – those who have led the campaign to oust Mirkarimi – aren’t the only people who care about this issue.

During the public comment portion of Tuesday’s Board of Supervisors meeting, there were many domestic violence victims who expressed more outrage over the failure of these domestic violence groups or the DA’s office to support them than they were about Mirkarimi continuing to be the sheriff. The city just spent $1.3 million trying to remove Mirkarimi and another [[CORRECTED FIGURE: $140,000]] paying his interim replacement, Vicky Hennessy – money that could have been better spent directly responding to domestic violence than this fruitless symbolic stand.

But that’s over now, just like their efforts to remove Mirkarimi, and we all need to move on instead of trying to re-fight this difficult battle over and over again. People can still disagree with what happened and vent and be angry – and from what we’re hearing from City Hall, many of the messages have been quite savage, some even threatening violence. They can even work on a recall campaign or take other political actions.

Yet we all still share a city – a wonderfully diverse city with a wide range of perspectives and opinions – and we’re all forced to accept things about it that we don’t like. Gascón doesn’t get to decide who the sheriff is or how he plays that role any more than Mirkarimi got to tell Gascón how to do his job – despite suffering far more direct impacts.

We each have our roles to play, and we’ll all be better off if we do them well and accept that we live in a rainbow city, not a black-and-white world.

Avalos, Campos, Kim, Olague: Four profiles of courage at City Hall

Maria Poblet
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Supervisors John Avalos, David Campos, Jane Kim, and Christina Olague earned profiles of courage for their votes to reinstate suspended Sheriff Ross Mirkarimi up against enormous pressure for a political assassination, accelerated by Mayor Lee’s demand for a pre-election vote.

And the other seven supervisors, well, they helped answer the question, who’s afraid of Willie Brown? Who’s afraid of Rose Pak?

Note to Mirkarimi: It’s time to repair the damage and get back to work implementing the ambitious program of rehabilitation outlined in your splendid inaugural address as Sheriff.

Unsolicited advice to mayor Ed Lee: Stop taking bad advice.

See my “Profiles of courage” blog for the context of this crucial vote.

Mayor’s aide’s totally inappropriate text to Olague

Zelda Bronstein
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Mayor’s aide’s totally inappropriate text to Olague

Wow — a source just passed me the text messages that Tony Winnicker, a senior advisor to Mayor Lee, send to Sup. Christina Olague after her vote on the Mirkarimi case.

It’s totally crazy, outrageous — and inappropriate coming from a top mayoral staffer. Check it out:

As your constituent you (sic) disgust me and I will work night and day to defeat you. You are the most ungrateful and dishonorable person ever to serve on the board. You should resign in disgrace.

Winnicker confirmed to me that he wrote the text, but insisted he wasn’t speaking for the mayor:

As you know I am not the Mayor’s spokesperson and have not been for some time, especially on matters like this. I am, however, a district five constituent who disagrees strongly with my district supervisor’s vote last night and i took the opportunity to express my opinion and extreme disappointment in her decision and judgment. It is just that, however, my personal opinion and frustration with her vote, a frustration shared by many fellow district five residents who agree with Mayor Lee and the majority of the Board of Supervisors that Ross Mirkarimi should not be Sheriff.

Holy shit. I hope the mayor tells Mr. Winnicker that this is not an example of the “civility” Lee is trying to promote at City Hall.

Mirkarimi case — the aftermath

Zelda Bronstein
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Mirkarimi case — the aftermath

So many things to think about after last night’s Board of Supervisors vote on Ross Mirkarimi. It was a dramatic moment in local politics, a clear rejection of the mayor by four supes, including one of his appointees, a show of political courage by some and weakness by others.

But before I get into that, let me say:

I argued against removing Mirkarimi, for a lot of reasons. One of the most important is the precedent here — the City Charter gives the mayor too much power, the ability to singlehandedly remove an elected official for what the city attorney’s office concluded was pretty much any reason at all. There is no definition of “official misconduct” — and the way this case was presented, it could be interpreted really broadly. That’s dangerous, and the supervisors (or four of them, anyway) knew it.

I’m also a believe in restorative justice, in redemption, in the idea that people can do bad things and turn themselves and their lives around.

Still, it’s important to remember that what Mirkarimi did on New Year’s Eve, 2011, was awful, unacceptable. He was, at the very least, a total asshole and a jerk, treating his wife in a way that was — again, at the very least — psychologically abusive. Some of the comments at the board meeting were way off base; some speakers attacked the domestic violence community and made it sound as if Mirkairmi’s crime was pretty minimal.

I agree with David Chiu that the city’s going to have to come together after this — and the progressives who supported Mirkarimi are going to have to reach out to, and work with, the DV advocates. Because domestic violence is no joke, is no “private matter,” is still a major, serious issue in this city, and the worst possible outcome would be a reversal in San Francisco’s progressive policy on handling these cases.

I wish the audience hadn’t erupted in cheers when the final votes were cast. I heard Mirkarimi on Forum this morning, and when Michael Krasny asked if he was “elated,” he indicated that he was. Wrong answer: Nobody should be happy about what happened here. Mirkarimi’s biggest political and personal flaw has always been his ego, which at times bordered on arrogance, and that has to end, today. The sheriff needs to be humble about what happened to him, recognize that nobody “won” this ugly chapter in city history, and get back to work trying to mend fences with his critics. He’s facing the very real possibility of a recall election, and if he acts like he’s been totally vindicated, it’s going to happen.

This is a chance for Mirkarimi to take the notion of restoration and redemption seriously — by doing what Sup. John Avalos suggested at the hearing. He has to become a changed man. He has to show the world that he really, really gets it. Starting now.

Speaking of change …. the Number One Profile in Courage Award goes to Sup. Christina Olague. Olague was under immense pressure from the mayor, who wanted her vote badly. And because of the rotation of the votes, she had to go early, when it wasn’t clear at all which way this was going to turn out. And she came through, 100 percent solid. She made all the right points, and once she said she was going to vote against the mayor’s charges, the whole thing was over. At that point, there was no way David Campos or John Avalos could or would go the other way, so Mirkarimi had his three votes. I have been critical of Olague, but in this case, I want to give full credit: She did the right thing, when it wasn’t easy. She may have just won the election. (Let me clarify that — she may have kept herself from losing the election.)

Sup. Jane Kim was brilliant in her questioning of the mayor’s representatives and her analysis of the case. She showed real leadership and helped set the stage for what happened by pointing out the flaws in the mayor’s case.

And of course, Campos and Avalos, the undeniable, solid left flank of the board, came through.

It wasn’t easy for any of these four supervisors, and they all deserve immense credit.

Not so Eric mar, who I realize is in a tough race, but … when Olague, who has been accused of being too close to the mayor, had the courage to stand up, Mar, who has nearly universal progressive support, did not.

This is a great opportunity for the city to start talking about restorative justice in a serious way. Let’s get started.

 

 

Local censored 2012

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BEHIND THE MIRKARIMI CASE

In early January, details from the police investigation of then-Sheriff-elect Ross Mirkarimi bruising his wife’s arm during an argument were leaked to the San Francisco Chronicle and other news outlets. The key piece of evidence was a 45-second video that Mirkarimi’s wife, Eliana Lopez, made with her neighbor, Ivory Madison, displaying the bruise and saying she wanted to document the incident in case of a child custody battle. That video convinced many of Mirkarimi’s guilt, and a majority of Ethics Commissioners say they found it to be the main evidence on which Mirkarimi should be removed from office on official misconduct charges (the Board of Supervisors was scheduled to vote on Mirkarimi’s removal on Oct. 9, after Guardian press time).

But that video was only a small part of the overwhelming and expensive case that Mayor Ed Lee brought against Mirkarimi, including the more serious charges of abuse of power, witness dissuasion, and impeding a police investigation, all of which go more directly to a sheriff’s official duties. All of those charges got lots of media coverage and they helped cement the view of many San Franciscans that Mirkarimi engaged in a pattern of inappropriate behavior, rather than making a big momentary mistake. Yet most of the media coverage during the six months of Ethics Commission proceedings ignored the fact that none of the evidence that was being gathered supported those charges. Indeed, all those charges were unanimously rejected by the commission on Aug. 16, a startling rebuke of Lee’s case but one that was not highlighted in many media reports, which focused on the one charge the commission did uphold: the initial arm grab.

 

 

THE NEXT DOT-BOMB

In the late 1990s, San Francisco was in a very similar place to where it is now. The first dot-com boom was full bloom, driving the local economy and creating countless young millionaires — but also rapidly gentrifying the city and driving commercial and residential rents through the roof (great for the landlords, bad for everyone else). And then, the bubble popped, instantly erasing billions of dollars in speculative paper wealth and leaving this a changed city. The city’s working and creative classes suffered, but the political backlash gave rise to a decade with a progressive majority on the Board of Supervisors.

The era ended in 2010 when Ed Lee was appointed mayor, and he began ambitious agenda of pumping up a new dot-com bubble using tax breaks, public subsidies, and relentless official boosterism to lure more tech companies to San Francisco. Lee has been successful in his approach, in the process driving up commercial rents and housing prices. By some estimates, about 30 percent of the city’s economy is now driven by technology companies.

Yet there have been few voices in the local media raising questions about this risky, costly, and self-serving economic development strategy. The Bay Citizen did a story about Conway’s self interested advice, the New York Times did a front page story raising these issues, and San Francisco Magazine just last month did a long cover story questioning how much tech is enough. But most local media voices have been silent on the issue, and much of the damage has already been done.

 

OLD POWERBROKERS RETURN TO CITY HALL

More than a decade ago, then-Mayor Willie Brown and Chinatown power broker Rose Pak worked together to empower big business, corrupt local politics, and clear the path for rampant development — an approach that progressives on the Board of Supervisors repudiated and slowed from 2000-2010. But Brown, Pak, and a new generation of their allies have returned in power in City Hall, and it’s as bad as it ever was.

Many San Franciscans know of their high-profile role appointing Lee to office in early 2011. But their influence and tentacles have extended far beyond what we read in the papers and watch on television, starting in 2010 when their main political operatives David Ho and Enrique Pearce ran Jane Kim’s supervisorial campaign, beating Debra Walker, a veteran of the fights against Brown’s remaking of the city.

Now, this crew has the run of City Hall, meeting regularly with Mayor Lee and twisting the arms of supervisors on key votes. Pearce and Ho persuaded longtime progressive Christina Olague to co-chair the scandal-plagued Run Ed Run campaign last year, she was rewarded this year with Lee appointing her to the Board of Supervisors. Pearce has been her close adviser, and most of her campaign cash has been raised by Brown and Pak. Even progressive Sup. Eric Mar admits that Pak in raising money for him, a troubling sign of things to come.

 

THE REAL OCCUPY STORY

The Occupy San Francisco camp that was cleared by police last week may have been mostly homeless people. And major news media outlets from the start reported that Occupy was dangerous, filthy, and a civic eyesore.

But last fall, the camps were comprised of a huge variety of people that chose to live part or full time on the streets. Students, people with 9-5 jobs, people with service jobs, and the unemployed were all represented. Wealthy people who lived in the financial districts where camps popped up mixed with working-class people who came from suburbs and small towns. Families came out, welcomed in the “child spaces” set up in many Occupy camps throughout the country. Most camps also boasted libraries, free classes, kitchens, food distribution, and medical tents.

As news media focused on gross-out stories of pee on the streets and graphic descriptions of drunk occupiers, they managed to ignore the complex systems that were built in the camps. Nor did anyone mention that homeless people have the right to protest, too.

Supervisors reinstate Mirkarimi, rejecting Lee’s interpretation of official misconduct

Sasha Cuttler
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Supervisors reinstate Mirkarimi, rejecting Lee’s interpretation of official misconduct

The Board of Supervisors has voted to reinstate Sheriff Ross Mirkarimi and reject the official misconduct charges that Mayor Ed Lee brought against Mirkarimi for grabbing and bruising his wife’s arm during a New Year’s Eve argument, for now ending an ugly saga that has polarized San Franciscans.

The vote was 7-4, two votes shy of the nine needed to sustain the charges and remove Mirkarimi, who now resumes the position voters elected him to in November with back pay going back to March when Lee suspended him. Sups. Christina Olague, David Campos, John Avalos, and Jane Kim voted in Mirkarimi’s favor, condemning the domestic violence incident but saying that it didn’t meet what is and should be a high and clear standard for overruling the will of voters, a concern also voiced by Sup. Mark Farrell. 

“I do take this job seriously, that we are public policy makers,” said Kim, a lawyer who emphasized their duty to set clear standards for officials during these unprecedented proceedings rather than being swayed by emotional responses to conduct by Mirkarimi that she called “incredibly egregious.”

But for most of the supervisors, that was enough. Sup. Eric Mar, who is in the middle of difficult reelection campaign against the more conservative and well-financed David Lee, said he thought is was important to have “zero tolerance” for domestic violence and his vote was “in the service of justice and a belief it will combat domestic violence.”

Earlier in the hearing, Kim had led the questioning of Deputy City Attorney Sherri Kaiser, whose broad interpretation of official misconduct standards and inability to set clear guidelines troubled Kim, just as it had earlier to Ethics Commission Chair Benedict Hur, the sole vote on that body against removal after it conducted six months worth of hearings.

“I agree with Chairman Hur, I think we need to take the most narrow view of official misconduct,” Kim said, echoing a point that had also been made by Campos, who quoted Hur’s comment from the Aug. 16 hearing where the commission voted 4-1 to recommend removal: “I have a lot of concern about where you draw the line if you don’t relate this to official duties.”

Farrell also shared that concern, which he raised in questioning Kaiser and during the final board deliberations almost seven grueling hours later. 

“I worry a great deal about the potential for abuse in this charter section,” Farrell said, warning this and future mayors to use great caution and restraint before bringing official misconduct charges. Yet he still found that the “totality of the circumstances” warranted removal because Mirkarimi had compromised his ability to be the top law enforcement officer.

Each supervisor expressed what a difficult and joyless decision this was, and even those who supported Mirkarimi strongly condemned his actions and the efforts by some of his supporters to minimize the seriousness of his actions and the need for him to change.

“I have tremendous mixed feelings about Ross Mirkarimi,” Avalos said, noting his many proud progressive accomplishments but adding, “I’ve always seen Ross as someone who has deep flaws….[This saga] offers a chance for personal transformation and I think that’s something Ross really needs to do.”

Mirkarimi seems humbled by the hearing, and the stinging criticism of his former colleagues and his one-time allies in the domestic violence community, and he pledged to work on “regaining their trust” as he tries to embody the city’s long-held value on redemption.

“I appreciate all the comments of by the Board of Supervisors and I hear the message. The next step is mending fences and moving forward,” Mirkarimi said. Later, he told reporters, “We’re absorbing all the comments that were made by the Board of Supervisors. They are my former colleagues and I take it very seriously.”

That need to heal the deep and emotional divide between San Franciscans who see this case in starkly different ways – which was on vivid display during the hours of public testimony – was sounded by several supervisors. “We will need to come together as a city on this,” Board President David Chiu said.

Most of those who spoke during the nearly four hours in public comments favored Mirkarimi and condemned the efforts to remove him as politically motivated, overly judgmental, and setting a dangerous precedent rather than resorting to usual method for removing politicians after a scandal: recall elections.

“If anything happens to the man, it should come back to me to make that decision. Don’t do their dirty work for them,” one commenter said.

The most politically significant person to speak during public comment was former Mayor Art Agnos, who said he was a friend and supporter of Mirkarimi, but he was more concerned with the scary implications of this decision. “I respectfully urge that this Board protect all elected officials from the dangerous discretion used in this case and reinstate Sheriff Ross Mirkarimi.”

Most of those who spoke against Mirkarimi were domestic violence advocates, who were adamant that Mirkarimi be removed, casting it as a litmus test for whether the city takes their issue seriously. “This is a disciplinary proceeding, it is not election stealing,” said Beverly Upton, head of the Domestic Violence Consortium, who has lead the campaign to oust Mirkarimi since the incident was made public.

But the two sides seemed to be speaking past one another, each expressing righteous indignation that people didn’t see the issue like they did, indicating how polarizing these long-lingering proceedings have become and how difficult to heal that rift may be.

“It made my stomach turn to hear some of the comments that were made,” Sup. Carmen Chu said, condemning the actions of Mirkarimi supporters in vocally or visibly supporting one another. “That was wrong, this is not a joyous event.”

Yet Farrell said he was also concerned that Mirkarimi’s opponents would go after supervisors who made a principled stand against removing him. “I hope no one takes pot shots at the people who voted against this,” he said.

That principled stand – condemning Mirkarimi’s behavior but having a high standard for removing an elected official – was a trail blazed by Hur, who opened the hearing by presenting the Ethics Commission’s findings and a decision that he was the sole vote against. He noted the “challenge of my presentation” but made careful efforts to accurately represent the views of the commission majority.

Yet he ended up using almost half of his time at the podium — his allotted 10 minutes plus a few extra minutes to respond to questions from supervisors — to stress the danger of broadly interpreting the city’s official misconduct language and not requiring direct connection to an official’s duties.

“Public policy suggests we should interpret this more narrowly than proposed by the majority,” Hur said, later adding that his colleagues on the commission “did not provide a clear basis for how official misconduct is delineated.”

When Sup. Malia Cohen asked what he meant by the “public policy” interest at stake here, he replied, “The need to have policies that are clear…It does benefit the public when the laws are clear.” (Cohen later voted to remove Mirkarimi, stating with little explanation, “I believe the reading of the charter is narrow and appropriately applied in this case.”)

The issue of what qualifies as official misconduct — and whether there is a predictable way for officials to know where that line is drawn, or whether it’s entirely up to the discretion of mayors — was also highlighted by Kaiser’s long presentation, but probably not in the way she intended.

Kaiser appealed to people’s sense of outrage about the initial arm-grab and subsequent guilty plea — claiming Mirkarimi “attacked his wife” and “this conduct was serious!” — and seemed to think that was an adequate test of whether bad behavior by an elected official warrants his unilateral removal from office.

Kaiser took issue with Hur’s contention that a lack of clear, limiting standards gives too much power to future mayors to remove their political enemies for minor incidents.

“The mayor certainly does not agree with Hur’s argument for a bright line rule,” Kaiser said. She mocked the notion that mayors would abuse this expanded power. “The check on that is the Ethics Commission, and the check on that is this body.” Kaiser’s position was that the statute should be read as broadly as possible and that the process should be trusted to protect against political manipulations.

But Chiu also took issue with that standard, saying “having clarity in the law seems to make sense” and asking Kaiser how officials can know what standards they’re expected to meet.

“I don’t agree and I didn’t mean to convey the standard is murky,” Kaiser replied, but as she tried to elaborate, her standard began to seem ever murkier.

“It depends on the circumstance,” Kaiser said. “But that doesn’t make it too vague to apply. It makes it more nimble.”

A nimble standard might suit mayors just fine, but the idea seemed to bother the supervisors, even Farrell, who told Kaiser that her position “seems to me very contradictory.”

At the end of the hearing, Campos returned to Kaiser’s “nimble” comment as a reason for rejecting that argument and Lee’s charges: “I don’t think the analysis made me comfort. She said the interpretation was nimble, but I don’t know the difference between nimble and vague, and I think they are one in the same.”

“Most cases will be clear, but there are decisions on the periphery,” Kaiser told Farrell during the earlier questioning, not making it clear which category she’d put the Mirkarimi case into.

Kim was the next to try to pin Kaiser down on whether there’s a discernible standard for the city to apply to this and future cases, saying she’d like to see a “bright line rule or a test.” Kaiser said that it depends on the office, but that a law enforcement officer shouldn’t commit a crime.

“Then any misdemeanor the sheriff pleads to is official misconduct, is that right?” Kim asked.

No, she said, the conduct must be while someone is in office — seemingly contradicting her earlier point – and found to be so by the board and commission. But then she said, “It is true that any misdemeanor relates to the duties of a sheriff.”

Kim persisted: “This is where I get stuck. When does it fall below the standard of decency?”

“The charter doesn’t answer that question. It’s a case-by-case determination,” Kaiser said.

“What’s to guide us in the future?” Kim asked.

But again, there was no clear answer, it’s simply for mayors to decide. “It is a discretionary decision,” Kaiser said.

Kim, a lawyer, questioned whether the stance by Kaiser and Lee could lead the courts to strike down the city’s untested statute. “Does that open us up to the vagueness issue, which would make the clause unconstitutional?” Kim asked.

But Kaiser said San Francisco voters wanted to give the mayor wide power to interpret misconduct when they approved the broad new official misconduct language in 1995, part of a complete overhaul of the City Charter.

“Voters made a considered choice to put suspend and remove procedures in the charter,” she said, trying to counter the argument that recall elections should be used to remove elected officials. “These suspension and removal procedure is more nimble. It’s less expensive than a recall.”

Yet with a final price tag expected to be in the millions of dollars and proceedings lasting seven months, it’s debatable whether this process was really cheaper and more nimble.

Mirkarimi attorney David Waggoner began his presentation by saying, “There’s no question that on Dec. 31, 2011, Ross Mirkarimi made a terrible mistake.”

But it was a mistake that Mirkarimi admitted to, accepted the criminal punishment that followed his guilty plea, endured a forced six-month separation from his family, had his job and salary taken from him, was the target of a media and political campaigns that have deeply damaged his reputation, “his entire life’s work was destroyed almost in an instant.” All for pleading to a low-level misdemeanor.

“At the end of the day, the punishment does not fit the crime,” Waggoner said.

He noted that just three elected officials have been removed for official misconduct in the city’s history, each time for serious felonies. But now, it’s being applied to a misdemeanor with arguments that broaden a mayor’s ability to remove political adversaries.

“You must decide whether to uphold or overturn the will of the voters,” Waggoner told the supervisors.

He even took a swipe at the domestic violence advocates who have led the campaign to remove Mirkarimi: “Ironically, the very advocates who should be defending Eliana Lopez have been attacking her.”

Taking over from Waggoner, Mirkarimi’s other attorney, Shepard Kopp, said Mirkarimi had no official duties before taking the oath of office, and the charter makes clear there needs to be connection. “It says misconduct has to occur while an official is in office.”

Kopp also brought the focus back to the precedent in this historic case. “The other problem with the mayor’s position is it doesn’t give you any guidance or future mayors any guidance,” Kopp said, later adding, “To follow the mayor’s position is not workable policy and it doesn’t have any support under the law.”

Supervisors questioned Kopp and Waggoner, but it didn’t seem to reveal any new insights, simply reinforcing their points that official misconduct should be a rarely used tool applied only to serious crimes.

In her final five-minute final rebuttal, rather than letting her co-counsel Peter Keith speak or trying to mitigate some of the damage from her earlier testimony, Kaiser seemed to double-down on her tactic of using emotional arguments rather than addressing legal standards for removal.

She alleged Mirkarimi’s team offered “a theory that domestic violence doesn’t matter if you’re sheriff,” prompting an audible negative reaction from the crowd that Chiu gaveled down. That reaction was even louder and more outraged when Kaiser implied Mirkarimi “threatens the life of a family member.”

Those sorts of characterizations fed much of the crowd’s stated belief that this case was a “political witchhunt” designed to destroy a progressive leader, and the opposition expressed to some domestic violence advocates testimony could be used against the larger progressive community.

But Agnos, who sat in the audience throughout the long hearing, told us the frustration was understandable. “The crowd, after nine months of agony, expressed a lot of emotions, and that is inherent in mass crowds,” he said. “They didn’t mean ill will to the domestic violence community. There was no malevolent intent there.”

Supervisors who voted to reinstate Mirkarimi said they want to make clear their commitment to combating domestic violence. “I worry that this case has set us back because of the tensions around how we responded,” Avalos said.

“I think it’s important that no matter how we feel about this that we come together as a city,” Campos said. “People on both sides have legitimate viewpoints on this issue.”

Credit to the supervisors. Seriously.

Zelda Bronstein
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Politicians get a lot of shit, and they generally deserve it. But I have to say: After listening to almost all of the debate over the removal of Ross Mirkarimi — and watching the 4-7 vote to keep him in office — I was impressed by the supervisors who got it right, took it seriously and provided thoughful and credible debate.

Profiles in Courage Awards to John Avalos, David Campos, Jane Kim and Christina Olague. I haven’t always agreed with all of them, and Randy Shaw said that Olague would never vote with Mirkarimi because his supporters were dissing her, but she stood up to immense pressure and did the right thing. Jane Kim was very lawyerly, but came to the right conclusion. Avalos and Campos were articulate and pointed out the problems with giving the mayor this much power.

David Chiu was a disappointment, Eric Mar even more so. I expected more of both of them. But Chiu handled a tough meeting very well, giving all sides a chance and showing immense patience. Credit for running the show well, even if he voted the wrong way.

But overall, an intelligent discussion with the right outcome. More tomorrow.

Rally for Ross at noon today on the City Hall steps

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Join Sheriff Michael Hennessey; Mayor Art Agnos; Dolores Huerta, Co-Founder of the UFW & Medal of Freedom Recipient; Supervisors Sophie Maxwell, Harry Britt, Doris Ward, Willie Kennedy and Carol Ruth Silver; Public Defender Geoff Brown, and others in calling for the reinstatement of Sheriff Mirkarimi this Tuesday before the Board of Supervisors Vote.

RALLY @ NOON, TUESDAY, OCTOBER 9 2012 – CITY HALL STEPS

The San Francisco Chapter of the National Lawyers Guild, SF Labor Council, Service Employees International Union (SEIU) 1021, Harvey Milk LGBT Democratic Club, Latino Democratic Club, Bernal Heights Democratic Club, District 5 Democratic Club, Padres Unidos, Bay Area Iranian Democrats, SF Green Party, San Francisco Guardian, Bay Area Reporter, Sunset Beacon, and Central City Democrats all Support Reinstatement!!

Come to the rally and show your support too!!!

Dolores Huerta, Co-Founder of the UFW, Medal of Freedom Recipient, Eliana Lopez and Friend

 If you can not make the Rally – Please call you supervisor today – Let them know you Stand with Ross and will not stand for anything but reinstatement!

Click to Donate to the Ross Mirkarimi Legal Defense Fund

or by sending a check to:
Ross Mirkarimi Legal Defense Fund
721 Webster Street
San Francisco, CA 94117

 

Former girlfriend defends Mirkarimi

Zelda Bronstein
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Former girlfriend defends Mirkarimi

By Evelyn Nieves

For months, I’ve watched as Ross Mirkarimi has been slandered as a “wife beater”—by the mayor of San Francisco, no less—and vilified in the press based on lies, half-truths and innuendo.  It has been heart-breaking, nauseating, to witness.

I know for a fact that Ross is no abuser. He and I were a couple for eight years. For most of that time, we lived together. Not once did Ross even come close to making me feel unsafe in his presence. He never threatened me. He would walk away or cry “uncle” rather than argue. He simply had no stomach for it.

When the news broke last January that Ross, newly elected as San Francisco’s Sheriff but not yet sworn in, might be arrested on domestic violence charges, I was sure the accusation wouldn’t stick. Not once people knew the facts.

I was naïve.

By now, everyone knows that Ross and his wife, Eliana Lopez, got in an argument in their car on New Year’s Eve. She wanted to take their toddler to her native Venezuela, and Ross, bereft the last time a one-month trip to Venezuela stretched into several, balked. Eliana moved to exit the car and Ross held her, a second too long, causing a bruise. Eliana called a friend and made a videotape of the bruise the next day in case she and Ross ended up in a custody battle. Four days later, without Ross’s wife knowing, the friend called police.

The hell that broke loose is worthy of an Errol Morris documentary. The San Francisco District Attorney, a political opponent, sent four investigators to interview all of Ross’s neighbors. That never happens in a misdemeanor case–it costs too much time and money. Anti-domestic violence advocates began calling for Ross’s head even before he was charged.

We all want to stop abusers in their tracks. But let’s make sure we are properly identifying the abuser.

Early on, in January, the Bay Citizen interviewed me. I expected the other local newspapers to contact me or pick up my quotes, which essentially said that Ross never, ever came close to abusing me. But no reporter from the local dailies that were splashing all kinds of hearsay on their front pages ever contacted me. This even after I contacted them to try to correct falsehoods being reported as fact.

I was fully prepared to testify had Ross’s case gone to trial. I knew facts that would contradict lies made to condemn him.  I still wish the case had gone to trial. But at the time that Ross pled guilty to “false imprisonment”–for turning his car around to go home when the argument threatened to spill out into a restaurant he and his wife planned to enter–his lawyer told me she believed that Ross could not get a fair trial. The last straw was when the judge refused a change of venue.

So Ross pleaded guilty so he could have his wife and son back, end the hysteria and try to go and do his job.

Instead, the mayor used Ross’s guilty plea as an excuse to suspend him without pay—without any due process—starting several more months’ of investigation, interrogation and character assassination at Ethics Commission hearings. And for what? In the end, the five-member Ethics Commission, three of whom are appointed by the Mayor, found Ross guilty of only one charge: grabbing his wife’s arm. One member wondered what the people would say if they decided not to uphold the Mayor’s rash suspension and declaration of “official misconduct.” Well, in the few times that I’ve met with Ross in the last few months, he was stopped everywhere by people of every demographic group. Old, young, progressive, moderate, and of every ethnicity. All wanted to express their support and their contempt for what has happened to him. All blamed politics.

I had not seen Ross much in the years since we parted. I moved to another side of the city, moved in different circles. But, in essence, he has not changed much.

The last time I saw him before this case exploded was before Christmas. On a Saturday morning, Ross was in his District Five supervisor uniform—gray suit, white shirt, wingtips. He had already gone to one neighborhood meeting and was on his way to another, even though his official duties as supervisor were over and he was supposed to be on vacation. I kidded him about this, and he shrugged and said, “Well, you know me.”

I do.  And so I’ll say with confidence that Ross does not deserve what he has endured. He deserves vindication, and the chance to do the job he was elected to do.

Evelyn Nieves is a longtime journalist and former New York Times bureau chief.

The Mirkarimi vote: Will there be some profiles of courage?

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(See the postscript for the Chronicle’s shameful crucifixion coverage of Mirkarimi and a timely, newsworthy oped it refused to run by Mirkarimi’s former girl friend. And how Chronicle columnist Debra Saunders ran the Nieves piece on her blog. Damn good for you, Debra Saunders.)

On Jan. 6, 2011, the Bay Citizen/New York Times broke a major investigative story headlined “Behind-the-Scenes Power Politics: The Making of Ed Lee.” The story by Gerry Shih detailed how then Mayor Gavin Newsom, ex-Mayor Willie Brown, and his longtime political ally Rose Pak orchestrated an “extraordinary political power play” to make Ed Lee the interim mayor to replace Newsom, the lieutenant governor-elect.

The story also outlined the start of a chain of events that leads to the vote by the San Francisco Board of Supervisors on Tuesday on whether Sheriff Ross Mirkarimi keeps his job.

Shih reported that “word had trickled out” that the supervisors had narrowed the list of interim candidates to three—then Sheriff Michael Hennessey, former Mayor Art Agnos, and Aaron Peskin, then chairman of the city’s Democratic party.  But the contenders “were deemed too liberal by Pak, Brown, and Newsom, who are more moderate.”

Over the next 48 hours, Pak, Brown, and the Newsom administration put together the play, “forging a consensus on the Board of Supervisors, outflanking the board’s progressive wing and persuading Lee to agree to become San Francisco’s first Asian-American mayor, even though he had told officials for months that he had no interest in the job,” Shih wrote.

The play was sold on the argument that Lee would be an “interim mayor” and that he would not run for mayor in the November election. The Guardian and others said at the time that the play most likely envisioned Lee saying, or lying, that he would not run for mayor and then, at the last minute, he would run and overpower the challengers as an incumbent with big downtown money behind him.  This is what happened. That is how Ed Lee, a longtime civil servant, became the mayor and that is how the Willie Brown/Rose Pak gang won the day for the PG&E/Chamber of Commerce/big developer bloc and thwarted the progressives.

Let us note that the other three interim candidates would most likely never have done what Lee did and suspend Mirkarimi for pleading guilty to misdemeanor false imprisonment in an arm-bruising incident with his wife Eliana. In fact, Hennessey supported Mirkarimi during the election and still does and says he is fit to do the job of sheriff. 

This was a political coup d’etat worthy of Abe Ruef, the City Hall fixer at the start of the century. “This was something incredibly orchestrated, and we got played,” Sup. John Avalos told Shih. Sup. Chris Daly was mad as hell and he voted for Rose Pak because, he told the Guardian, she was running everything in City Hall anyway. Significantly, the San Francisco Chronicle missed the story and ever after followed the line of its columnist/PG&E lobbyist Willie Brown and Pak by supporting Lee for mayor without much question or properly reporting the obvious power structure angles and plays.

This is the context for understanding a critical part of the ferocity of the opposition to Mirkarimi. As the city’s top elected progressive, he was a politician and force to be reckoned with. His inaugural address as sheriff  demonstrated his creative vision for the department and that he would ably continue the progressive tradition of Richard Hongisto and Hennessey. That annoyed the conservative law enforcement folks. He could be sheriff for a good long time, keep pushing progressive issues from a safe haven, and be in position to run for mayor when the time came. So he was a dangerous character.  

To take one major example, the  PG&E political establishment and others regard him as Public Enemy No. 1. Among other things, he managed as an unpaid volunteer two initiative campaigns during the Willie Brown era. They were aimed at kicking PG&E out of City Hall, enforcing the public power provisions of the federal Raker Act, and bringing  the city’s cheap Hetch Hetchy public power to its residents and businesses for the first time. (See Guardian stories since 1969 on the PG&E/Raker act scandal.)

He then took the public power issue into City Hall when he became a supervisor and aggressively led the charge for the community choice aggregation (cca) project.  His work was validated in the recent 8-3 supervisorial vote authorizing the city to start up a public power/clean energy program. This is the first real challenge ever to PG&E’s private power monopoly.

Significantly, Willie is now an unregistered $200,000 plus a year lobbyist for PG&E. He writes a column for the San Francisco Chronicle promoting, among other things, his undisclosed clients and allies and whacking Mirkarimi and the progressives and their issues on a regular basis.  And he is always out there, a phone call here, an elbow at a cocktail party there, to push his agenda.   The word is that he’s claiming he has the votes to fire Mirkarimi.

The point is that the same forces that put Lee into office as mayor are in large part the same forces behind what I call the political assassination of Mirkarimi.  And so, when the Mirkarimi incident emerged, there was an inexorable  march to assassination. Maximum resources and pressure from the police on Mirkarimi. And then maximum pressure from the District Attorney. And then maximum pressure from the judicial process (not even allowing  a change of venue for the case after the crucifixion media coverage.)  And then Lee calls Mirkarimi “a wife beater” and suspends him with cruel and unusual punishment: no pay for him, his family, his home, nor legal expenses for him or Eliana for the duration.

And then Lee pushes for maximum pressure from the City Attorney and the Ethics Commission to try Mirkarimi and force the crucial vote before the election to put maximum pressure on the supervisors. Obviously, the vote would be scheduled after the election if this were a fair and just process.

Lee, the man who was sold as consensus builder and unifier, has become a polarizer and punisher on behalf of the boys and girls  in the backroom.  

And so the supervisors are not just voting to fire the sheriff.  Mirkarimi, his wife Eliana, and son Theo, 3, have already paid a terrible price and, to their immense credit, have come back together as a family.

The supervisors got played last time and voted for a coup d’etat to make Lee the mayor, rout the progressives, and keep City Hall safe for Willie Brown and Rose Pak and friends.   This time the stakes are clear: the supervisors are now voting on the political assassination of the city’s top elected progressive and it’s once again aimed at helping keep City Hall safe for PG&E, the Chamber, and big developers.

The question is, will there be some profiles of courage this time around? b3

P.S.1  Julian Davis for District 5 supervisor: “Supes mum on sheriff,” read the Sunday Chronicle head. Nobody would say how he/she would vote. And poor Sup. Sean Elsbernd claimed that he would be “holed all Sunday in his office reading a table full of thick binders of official documents related to the case plus a few that he’s prepared for himself containing some case law.”  (Anybody wonder how he’s going to vote? Let’s have a show of hands.)  

The last time I saw Julian Davis he was holding a “Stand with Ross” sign at a Mirkarimi rally on the City Hall steps. With Davis, there would be no second guessing and hand wringing on how he would vote. That’s the problem now with so many neighborhood supervisors who go down to City Hall and vote with Willie and downtown. Davis would be a smart, dependable progressive vote in the city’s most progressive district (5), and a worthy successor to Matt Gonzalez and Ross Mirkarimi. If Davis were on the board now, I’m sure he would stand with Ross and speak for Ross, no ifs, ands, or buts. And his vote might be decisive.  

P.S. 2 The Chronicle’s  shameful crucifixion of Mirkarimi continues  The Chronicle has refused to run a timely and  newsworthy op ed piece from Evelyn Nieves, Mirkarimi’s former girl friend. She  wrote an op ed piece for the Chronicle four days before the Tuesday vote.  Nieves is an accomplished journalist who for several years was the San Francisco bureau chief for the New York Times.  She told me that she was notified Monday morning that the Chronicle didn’t have room for the op ed in Tuesday’s paper. I sent an email to John Diaz, Chronicle editorial page editor, and asked him why the Chronicle couldn’t run her op ed when the paper could run Willie Brown, the unregistered $200,000 plus PG&E lobbyist who takes regular whacks at Mirkarimi, as a regular featured column in its Sunday paper.  No answer at blogtime.

This morning, I opened up the Chronicle to find that the paper, instead of running the Nieves piece today or earlier,  ran an op ed titled “Vote to remove Mirkarmi,” from Kathy Black, executive director of the Casa de las Madres, the non profit group that advocates against domestic violence. It has been hammering Mirkarimi for months. On the page opposite, the Chron ran yet another lead editorial, urging the supervisors to “Take a Stand” and vote for removal because “San Francisco now needs its leaders to lead.” It was as if Willie was not only directing the Chronicle’s news operation but writing its editorials–and getting paid both by PG&E and the Chronicle.  And so the Chronicle started out with shameful crucifixion coverage of  Mirkarimi and then continued the shameful crucifixion coverage up until today. Read Nieves on Ross.

Well, the honor of the Chronicle was maintained by columnist Debra Saunders, virtually the Chroncle’s lone journalistic supporter of Mirkarmi during his ordeal. Many Chronicle staffers are privately supportive of Ross, embarrassed by Willie’s “journalism,” and critical of the way the Chronicle has covered Mirkarimi. Saunders posted the Nieves column her paper refused to print on her Chronicle blog. Damn good for you, Debra Saunders.  

 

 

Supervisors advised against Mirkarimi recusals, essentially removing their gags

Sasha Cuttler
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Supervisors advised against Mirkarimi recusals, essentially removing their gags

It’s looking increasingly unlikely that any members of the Board of Supervisors will be recused from next week’s big vote on whether to sustain the official misconduct charges against suspended Sheriff Ross Mirkarimi, particularly given an advice letter written today by attorney Scott Emblidge, who is advising the board.

Mirkarimi and his attorneys were hoping some supervisors would admit discussing the case with Mayor Ed Lee or others – particularly Sup. Christina Olague, who is at the center of the controversy about whether Lee committed perjury when he denied, while testifying under oath, ever consulting with any supervisors about the case – and they were disappointed with Emblidge’s advice.

“Scott Emblidge parrots the language of the City Attorney in his recommendation against recusal,” Mirkarimi attorney David Waggoner told us, taking issue with the relationship Emblidge and his firm have with the city and the fact that he also served as legal counsel to the Ethics Commission, some of whose members were unaware of that dual role and expressed concern. “The board must appoint independent counsel.”

In his advice letter, Emblidge did take a similar position to that urged by the City Attorney’s Office, which argued that supervisors are assumed to be politicians who have some relationship with the person that they’re being asked to judge and that analogizing it to a jury in a criminal case isn’t accurate.

“That analogy is misguided. The Charter does not provide for resolution of official misconduct charges by a body unfamiliar with the parties or the facts of the dispute. Rather, it specifically entrusts that decision to the Board of Supervisors, a body composed of individuals who almost certainly would have had dealings with anyone charged with official misconduct,” Emblidge wrote in a letter requested by Board President David Chiu. “Rather than a jury trial, this proceeding is more like an administrative hearing involving employee discipline or other important rights.”

Emblidge said the legal standards indicate that a supervisor must have a financial interest in the decision or be so “personally embroiled” in the case that he/she would have already demonstrated a strong bias or animus against Mirkarimi. And even then, it would be up to a majority vote by the board to excuse a supervisor from the vote.

Such recusal votes are usually mere formalities once a supervisor claims a conflict-of-interest, as then-Sup. Gavin Newsom sometimes did on votes involving landlord-tenant relations. But given that it takes nine of the 11 votes to remove Mirkarimi – with each recusal effectively being a vote in his favor – claims of a conflict will be carefully scrutinized, which Emblidge thinks is appropriate.

“The bar should be high for recusal because of the three-fourths requirement,” Emblidge told the Guardian, making clear that was his personal rather than legal opinion.

The City Attorney’s Office strongly advised the supervisors earlier this year not to discuss the Mirkarimi case with anyone, and they have all heeded that advice and refused to discuss the case with reporters, adding to the drama surrounding a high-profile decision with huge potential long-term ramifications.

Unlike other big decisions, in which supervisors will publicly stake out positions before the vote, often making clear the political dynamics and swing votes, nobody really knows where any of the supervisors stand right now. It’s widely believed that progressive Sups. John Avalos and David Campos – both of whom have unexpectedly easy paths to reelection in November – are the most likely votes for Mirkarimi, with just one more vote needed to reinstate him.

Olague will be in a tough spot politically, torn between supporting the mayor who appointed her and a district that Mirkarimi once represented, where opposition to his removal seems strongest. Ditto with Sup. Jane Kim, a fellow former Green long allied with Mirkarimi, but also someone who backed Lee last year and has ambitions to be the next board president.

This is also a board filled with Ivy League lawyers, and it’s hard to say what aspect of this complex case will draw their focus. Will they side with those who say the decision is simply about showing zero tolerance for domestic violence, or will they share the concerns of Ethics Chair Benedict Hur, who calls this a potentially dangerous precedent that gives too much power to the mayor.

It’s even possible that someone from the board’s conservative bloc of Sups. Sean Elsbernd, Mark Farrell, and Carmen Chu might object to this costly and distracting move by government to go after one individual, making this more about limited government and deferring to voters rather than the fate of an individual for whom they have no particular fondness.

Until now, it’s been difficult to read these tea leaves, but that might be about to change. Emblidge argues that the grounds for recusal are so narrow and restrictive that even if supervisors make public statements about their thoughts on the case, that wouldn’t present a conflict-of-interest that would prevent them from voting on it, particularly now that they’re actively reviewing the record.

So, are we about to start getting some hints from under the dome about how this is going to play out? We’re listening and we’ll let you know.

Qualifying Mirakarimi’s jury

Andrew Lam
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The San Francisco Board of Supervisors formally received the official misconduct case against suspended Sheriff Ross Mirkarimi Sept. 18, starting the clock on the 30-day deadline that the City Charter provides for the board to take action. Board President David Chiu announced a special meeting to consider the case on Oct. 9 at 2pm. The schedule the board had previous agreed to: a 10-minute presentation by the Ethics Commission, 20 minutes by representatives of Mayor Ed Lee (who brought the case), 20 minutes by Mirkarimi’s side, a five-minute rebuttal by Lee, public comment (which could last for hours), and then deliberation by supervisors.

The drama-before-the-drama will involve what in court would be called jury selection — Mirkarimi’s lawyers want to see if any supervisors should be disqualified from voting.

It’s a critical point: It would take at least nine of the 11 supervisors to remove the sheriff, and that number doesn’t’ change if some are ineligible to vote. So every recusal is, in effect, a vote to save Mirkarimi’s job.

And it’s an open question whether some supervisors should recuse themselves. They’re supposed to be unbiased jurors, and if any of them have discussed the case with the mayor in advance, they might be forced to sit this one out.

Mayor Ed Lee was asked on the witness stand whether he spoke with any supervisors about removing Mirkarimi, and he denied it. But Building Inspection Commissioner Debra Walker said her longtime friend and political ally Sup. Christina Olague told her Lee had sought her input on the decision. Confronted by journalists, Olague denied the charge but said, “I may have to recuse myself from voting on this.”

Another possible recusal from the vote would be Sup. Eric Mar, who just happened to be called as a juror in Mirkarimi’s criminal case — and thus could have been exposed to prejudicial evidence — before those charges were settled with a plea bargain. There have also been rumors that Board President David Chiu spoke with Lee about Mirkarimi at some point.

Last month, Mirkarimi lawyer David Waggoner told the board that he wanted each supervisor to declare whether he or she has spoken with anyone about Mirkarimi, but the legal team is proceeding cautiously, wary of offending the supervisors who will now decide the fate of their former colleague.

“We’re going to respectfully ask each member of the board to state under oath who they’ve talked to about the case,” Waggoner told us.

Normally, jurors would be extensively questioned during the voir dire process, and those who had served on an elected body with a defendant for years would almost certainly be removed from the jury pool, which seems to have been the case with Mar’s disqualification on the criminal case. But that’s just one more example of how this unprecedented process is anything but normal, with city officials basically making up the rules as they go along.

The case for reinstating Mirkarimi

Andrew Lam
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EDITORIAL We know for a fact that on New Year’s Eve, 2011, Ross Mirkarimi, the elected but unsworn sheriff of San Francisco, had a physical altercation with his wife that left her with a bruised arm. We know she later complained about that bruise on a video lasting less than a minute. Beyond that, nobody except Mirkarimi and Eliana Lopez knows exactly what happened; there were no witnesses except the couple’s three-year-old son, no video taken during the fight, no audio recordings — nothing.

We know that Mirkarimi agreed to plead guilty to misdemeanor false imprisonment — although we also know there was never any evidence that he actually imprisoned anyone.

That’s all we really know about the incident that has set off an expensive, drawn-out, political and legal battle that could change the city’s politics for years to come. If the whole thing seems a little overblown, that’s because it is.

There is nothing in the record that justifies Mayor Ed Lee’s move to suspend Mirkarimi, and nothing that would justify the supervisors voting to remove him from office. In fact, a removal vote would set a dangerous precedent for future mayors in a city that already gives its chief executive far too much power.

Let us examine the three main reasons why the board needs to vote to restore the elected sheriff.

1. If you believe Eliana Lopez, there’s no case.

The only person other than Mirkarimi who can honestly and accurately testify about the events of New Year’s eve is Lopez — and she has been clear, consistent, and convincing in her account.

Lopez acknowledges that she and her husband have had marital issues, that Mirkarimi wasn’t as supportive or her and their young son as he should have been, that he was away from home and working when she should have been sharing domestic duties. She was considering divorce — but was worried that Mirkarimi might gain custody of their boy.

She testified under oath before the Ethics Commission that Mirkarimi was never someone who “beats his wife” (to use Lee’s utterly inappropriate terminology). He had no history of domestic violence with her.

What he did was grab her arm during an argument, leaving a bruise. Inexcusable, but hardly a sign of serious assault. In fact, Lopez testified that she bruises so easily that just playing around with three-year-old Theo can leave marks on her.

Lopez testified that she made the video to use as a tool — a bargaining chip, so to speak — if Mirkarimi ever sought to gain custody of their son. She said she believed that her neighbor, Ivory Madison, who made the video, was a lawyer and that the video would be protected by attorney-client confidentiality. She said she never wanted to go to the police and never felt physically threatened by her husband.

The mayor charged Mirkarimi with attempting to dissuade witnesses and interfere with a police investigation, but those charges were based almost entirely on the testimony of Madison, whose rambling 22-page statement was so full of hearsay that the Ethics Commission tossed almost all of it. There was absolutely no evidence of witness tampering, and those claims were dismissed.

In fact, the only reason the commission recommended removal is the fact that Mirkarimi bruised his wife and pled to a misdemeanor — one that everyone knows he didn’t really commit. Remember: It’s legal, and common, in misdemeanor cases to plead to something you never did to avoid facing trial on more serious charges.

There’s no principled way to accept as credible the testimony of Lopez and still vote to remove the sheriff. If she’s telling the truth — and we believe her — the case should end right there.

2. Mirkarimi was chosen by the voters, and the voters can freely remove him.

Ross Mirkarimi was elected in November, 2011, with a clear majority in a contested race. The state Constitution provides an excellent remedy for replacing an elected official who has lost the confidence of the voting public; it’s called the recall. With a fraction of the effort that’s been spent on this case, people who feel Mirkarimi should no longer serve as sheriff could have collected signatures and forced an election.

The City Charter gives the mayor extraordinary authority — we would say too much authority — to unilaterally suspend an elected official and seek removal. That’s a power that should be wielded only in the most extreme cases, with great deference to the will of the voters.

Lee did no investigation before filing official misconduct charges. He based those charges on unsubstantiated claims, most of which were proven false. There’s a dangerous precedent here: If Mayor Ed Lee can suspend without pay Sheriff Ross Mirkarimi on such limited evidence, the ability of future mayors to misuse this power could be alarming. And remember: There is nothing in the Charter that allows anyone to suspend or seek removal of the mayor.

3. This case mangles “official misconduct.”

There’s another dangerous element to this case, and it’s not just a legal technicality. The New Year’s Eve incident occurred before Mirkarimi took the oath of office; on that day, he wasn’t the sheriff of San Francisco. He was a supervisor.

It’s hard to claim he was guilty of “official misconduct” on a day when he had no official duties. A fascinating, but unsigned analysis by somebody who clearly has a strong legal background is posted on the web (rjemirkarimi.blogspot.com). It notes:

“If the Supervisors approve what the Ethics Commission did on August 16, they will be handing a powerful new political weapon to all mayors, present and future. Good mayors may never misuse it, but other mayors might. No longer will such a mayor be limited to examining an opponent’s conduct while in office. He will have carte blanche and a strong motive to look farther back in time for personal misconduct that occurred before his opponent took office, and to use what he finds to suspend his opponent without pay and remove him from office — all while claiming (as undoubtedly he will) to be engaged in a noble pursuit of truth and justice.”

Let’s be serious: There have been San Francisco mayors with a long record of vindictive politics, or seeking any method possible to punish their enemies. There may well be again. Do we really want to have this case — this weak case driven more by politics than reason and evidence — set the precedent for the grave step of overriding the voters and removing an elected official?

Any of these three reasons ought to be grounds to vote against the mayor’s charges. Together, they make a sound enough case that it’s hard to imagine how the supervisors, sitting as a fair and impartial jury, could come to any conclusion other than returning Mirkarimi to office. We recognize that there are political implications, that Mirkarimi’s foes will target anyone who votes to support him. And just as it’s hard for some politicians to appear “soft on crime,” it’s nearly impossible to survive in San Francisco if you’re considered “soft on domestic violence.” But anyone who doesn’t want tough choices shouldn’t run for public office. It will take courage to do the right thing here — and in the end, that’s what should matter.

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