Attorney for Ed Jew seeks dismissal in Ethics hearing

"The Commission lacks subject matter jurisdiction
to hear this matter"

Attorney Steven Gruel
Photo by Luke Thomas

From the Office of Attorney Steven Gruel

November 29, 2007

Under the clear terms of the San Francisco Charter ("Charter"), the San Francisco Ethics Commission ("Commission") lacks the power to try title to elected office on the issue of alleged violations of state-law residency requirements. The Charter wisely defers to state substantive and procedural law on this question. The parallel quo warranto action that San Francisco is pursuing in state court provides the exclusive means to try title to elective office. Recognizing this, the Mayor, for transparent political reasons, resorts to the artifice of re-labeling this proceeding as one for "official misconduct," even though the issues and remedy are identical to the parallel quo warranto proceeding and the Charter excludes residency issues from its definition of "official misconduct." However characterized, the Commission lacks subject matter jurisdiction to hear this matter. Supervisor Jew respectfully requests that the Commission exercise its power to dismiss this matter.

View complete brief, click here.

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