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Rules Committee recommends Santa Clara County Counsel to advise on potential mayoral succession
Summary
The Rules Committee voted 2–1 to send a resolution to the full Board recommending Santa Clara County Counsel (Miguel Marquez) be retained as outside counsel for matters directly related to a potential mayoral succession and election issues; some supervisors raised appearance concerns over Marquez’s prior ties to the City Attorney’s Office.
The San Francisco Board of Supervisors’ Rules Committee on Sept. 30 voted to forward a resolution recommending retention of outside counsel to advise the city on legal matters tied directly to the mayoral election and potential succession. The committee’s 2–1 roll call followed a staff presentation explaining a protocol to avoid conflicts while City Attorney Dennis Herrera pursues a mayoral candidacy.
Chief Assistant City Attorney Jesse Smith told the committee the City Attorney’s Office will continue most day-to-day legal work but will step aside for matters directly related to the mayoral election. He said the office recommended a reciprocal arrangement with three nearby public-entity law offices — Oakland, San Mateo and Santa Clara — and specifically recommended Miguel Marquez and the Santa Clara County Counsel’s office to handle mayoral succession matters at no charge to the city. "We recommend Miguel Marquez, Santa Clara County Counsel, because his office is one of the public entity law offices that can provide the representation at no cost to the city," Smith said.
Several supervisors expressed concern about appearances. Supervisor Michaela Alioto Pier asked why Marquez was chosen and noted Marquez previously worked in the City Attorney’s Office, saying the city needs someone “as distanced from each other as possible” from the City Attorney while he is a candidate. Smith and Chair David Campos responded that the recommendation follows charter preferences for public-entity law offices with reciprocal relationships, that the allocation was driven by subject-matter expertise and proximity, and that Dennis Herrera had no role in selecting Marquez.
Supervisor Eric Marr moved the recommendation. The roll call recorded Supervisor Alioto Pier voting no and Supervisors Marr and Campos voting aye; the committee sent the resolution forward as a committee report with a recommendation (2 ayes, 1 no).
The City Attorney’s August 27 memorandum — cited in staff remarks at the meeting — delineates the office’s screening protocols when its elected head is a candidate; the committee discussion limited its legal references to that memorandum and charter conflict provisions favoring public-entity counsel.
Next steps: the recommendation will be considered at the full Board of Supervisors meeting on Oct. 19, when supervisors can accept, modify or reject the committee’s recommendation.
