San Francisco supervisors split, decline to remove sheriff after ethics commission finds misconduct

San Francisco supervisors declined to remove Sheriff Ross Mercarini on Oct. 9, 2012, after a daylong hearing that followed an Ethics Commission recommendation that the board sustain two counts of official misconduct stemming from his plea in a false-imprisonment case. The board voted on a motion to sustain the Ethics Commission's finding as to counts 4 and 5; the motion failed because it did not reach the nine-vote threshold required to remove an elected official.

The hearing reviewed an Ethics Commission investigation that the commission chair described as extensive. Ben Herr, chair of the San Francisco Ethics Commission, summarized the commission's work and outcome: "The commission determined by unanimous vote that the mayor had proven that the sheriff had abused Eliana Lopez on 12/31/2011," and that the commission by a 4-to-1 vote recommended sustaining official-misconduct findings tied to the New Year's Eve incident and the sheriff's subsequent conviction.

Why it mattered: The sheriff is the city's top law enforcement official and oversees the jails and programs that touch domestic-violence cases. The mayor's legal team argued the conviction and probation undercut the sheriff's ability to lead those functions and that the charter permits removal when wrongful behavior relates to the duties of office.

Representatives for the mayor urged the board to accept the Ethics Commission's recommendation. "I am Sherry Kaiser. I am a deputy city attorney. And I've been representing the mayor in these proceedings. I'm here today on behalf of the…