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Ethics commission limits live testimony, sets rules and schedule for Mercarini removal hearing
Summary
After hours of argument over scope and relevance, the San Francisco Ethics Commission approved a hybrid procedure — declarations for direct testimony with limited live cross‑examination — set evidentiary deadlines and narrowed the lists of fact and expert witnesses ahead of hearings starting June 19, 2012.
The San Francisco Ethics Commission on May 30 adopted a framework for taking evidence in the removal proceedings filed by Mayor Ed Lee against Sheriff Ross Mercarini, deciding to allow a hybrid mix of written declarations and limited live testimony while reserving the right to subpoena witnesses.
Commissioners said they would use the civil preponderance-of-the-evidence standard for fact‑finding in the administrative removal inquiry rather than a criminal beyond-a-reasonable-doubt standard. After hearing dueling legal briefs and argument, the commission concluded its role is to assess whether specific actions relate to the duties of office or fall below public‑official standards, not to adjudicate new criminal convictions.
On evidentiary practice, the panel agreed that…
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