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Suspended SF Sheriff Mirkarimi Asks For Delay In Misconduct Proceedings

SAN FRANCISCO (KCBS) – Suspended San Francisco Sheriff Ross Mirkarimi has asked the city's Ethics Commission to delay its misconduct proceedings until after the November election.

The request for a continuance was made Monday afternoon by Mirkarimi's attorney David Waggoner, who said his client can't get a fair outcome at the Board of Supervisors because his case has become a political issue in many of their races.

KCBS' Barbara Taylor Reports:

"They should not have to vote one way or the other on reinstating the sheriff based on how they think it's going to affect their chances of getting re-elected," Waggoner said.

In filing for the delay, Waggoner cited news stories, polls and campaign statements supporting his client's case.

Deputy City Attorney Peter Keith said it would be improper for the Ethics Commission to delay sending its findings to the board.

"The Ethics Commission has made a decision here. They've found the sheriff committed official misconduct," said Keith. "Now it's time for the Board of Supervisors to decide."

A lot of the decisions are about timing – once the Ethics Commission sends it's findings to the supervisors, the board has only 30 days to act – meaning right before the November election.

The Ethics Commission was scheduled to take up the request on Tuesday, while also finalizing its written findings.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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