The contributions to the billboard campaign launched by La Casa De Las Madres – a city-funded non-profit organization committed to preventing domestic violence and providing support services to victims of domestic violence – may suggest the contributions were, in part, politically motivated.
Mirkarimi’s defense counsel, Shepard Kopp and David Waggoner, argued in a brief filed April 11 that the City charter requires the City Attorney to defend the City and County of San Francisco; that no Charter provision exists for the City Attorney to defend a specific office within the city. If that were the case, then the City Attorney would also be obligated to defend the Office of Sheriff as well.
Due to a conflict of interest raised by Mirkarimi’s defense team, filed Wednesday in San Francisco Superior Court, attorney Scott Emblidge of Moscone, Emblidge and Sater LLP, has been assigned to represent both the Ethics Commission and Board of Supervisors.
According to Waggoner, “Because Mirkarimi was not sheriff at the time of the alleged misconduct, Lee’s suspension amounts to an abuse of discretion. We are a city and nation of laws, and there is a legal standard that must be followed. By suspending the Sheriff for conduct that occurred before he assumed office and is not directly related to his job duties, Mayor Lee failed to follow the law.”
Per the definition of official misconduct under the city charter, “Official misconduct means any wrongful behavior by a public officer in relation to the duties of his or her office, willful in its character, including any failure, refusal or neglect of an officer to perform any duty enjoined on him or her by law, or conduct that falls below the standard of decency, good faith and right action impliedly required of all public officers and including any violation of a specific conflict of interest or governmental ethics law. When any City law provides that a violation of the law constitutes or is deemed official misconduct, the conduct is covered by this definition and may subject the person to discipline and/or removal from office.” (emphasis added).
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