Mirkarimi phone records ruling
A San Francisco Superior Court issued a tentative ruling Monday ordering the records of calls and texts made to and from suspended Sheriff Ross Mirkarimi; his wife, Eliana Lopez; his campaign manager, Linnette Peralta Haynes; and his neighbors, Ivory Madison and Callie Williams, be turned over to Mayor Ed Lee in his case to oust Mirkarimi for official misconduct.
Judge Harold Kahn, who issued the tentative ruling, will hold a hearing on the matter Tuesday morning before issuing a final order.
Lee used his subpoena powers seeking Mirkarimi’s phone records, to see if they would shed light on whether Mirkarimi tried to improperly
dissuade witnesses from cooperating in a police investigation. Mirkarimi’s legal team has objected to the disclosure of his records.
Mirkarimi was charged with misdemeanor domestic violence battery and two related counts stemming from a Dec. 31 incident in which he grabbed Lopez’s arm hard enough to bruise it. As part of a plea bargain agreement, those charges were dropped and Mirkarimi pleaded guilty to one count of misdemeanor false imprisonment. Lee then suspended him without pay as he moved to have him removed from office permanently.
The city Ethics Commission is preparing to hold a fact-finding hearing into the official misconduct charges. The Board of Supervisors later will decide whether Mirkarimi should keep or lose his job.
— Rachel Gordon Foreclosure help: Lenders would lose a potentially lucrative exemption from San Francisco’s transfer tax on foreclosed properties under the newest plan by city officials to help financially struggling homeowners from losing their homes.
Under current law, lenders and financial institutions that take possession of a foreclosed home don’t have to pay the real estate transfer tax. All other purchasers of foreclosed homes, however, must pay the levy.
“We see a real problem in this city, and we want to be able to have an adequate response,” said Supervisor John Avalos, chief sponsor of the legislation. “This ordinance is really about trying to make sure we’re inhibiting foreclosures in San Francisco.”
If the exemption for lenders had not been on the books last year, the city would have received an estimated $8 million extra in transfer tax revenue on 831 foreclosed homes, said City Assessor/Recorder Phil Ting, who helped craft the legislation.
Avalos will formally introduce the plan at the Board of Supervisors’ meeting Tuesday. His co-sponsors are Supervisors David Campos, Malia Cohen, Eric Mar and Christina Olague.
San Francisco’s transfer tax rate escalates with the value of the property. For example, the rate is $6.80 per $1,000 for homes that sell for $250,000 to $1 million. The charge is $7.50 per $1,000 for homes that sell for $1 million to $5 million. The tax rate is higher for pricier properties.
On a $700,000 foreclosed home, the onetime tax hit on the lender would be $4,760, if the new rules were in place. It’s unclear whether the change would deter more foreclosures.
The Board of Supervisors can propose the change, but voters would have to approve it.
— Rachel Gordon On track: The Municipal Transportation Agency’s busiest rail line — the N-Judah — returned to service Monday after a nine-day shutdown to replace well-worn tracks at the Church Street and Duboce Avenue intersection where the N and the J-Church enter and exit the Market Street subway.
Muni officials and passengers reported that the resumption of service went smoothly, as did the new trip across the newly installed rails. During the shutdown, Muni officials provided shuttle buses but urged commuters who could to walk, ride bikes or work from home. Those who braved the shuttles found them to be slow and crowded.
While the long shutdown is over, three more weekend closures are coming. They’ll happen on dates still to be determined in July and August, Muni spokesman Paul Rose said.
— Michael Cabanatuan