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  Did Newsom Break the Law?
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ContributorJason 
Last EditedJason  Aug 26, 2009 03:18am
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CategoryGeneral
AuthorPaul Hogarth
News DateMonday, August 24, 2009 09:00:00 AM UTC0:0
DescriptionFor years, Gavin Newsom has had a spiteful and petulant relationship with the Board of Supervisors. After Bevan Dufty voted with Board progressives to override the Mayor’s veto on police foot patrols, Newsom did not talk to him for months. When a supermajority set aside funds for affordable housing in a budget supplemental, the Mayor refused to spend the money. And when the Budget Committee shifted money from Police and Fire to health and human services, he held a press conference to say “Thank God we have a Mayor.” But now, Newsom’s approach may have driven him to break the law. As the Board considers an ordinance to shield undocumented youth from the feds until they are convicted of a crime, the Mayor leaked a confidential memo from the City Attorney to the San Francisco Chronicle raising legal questions about the proposal. It is illegal in most circumstances for an elected official to disclose such classified information, and Newsom could now face charges of official misconduct.

On August 20th, the Chronicle reported that legislation authored by Supervisor David Campos – and co-sponsored by seven of his colleagues – was vulnerable to a challenge in court due to federal preemption. The newspaper based this on a “confidential memorandum prepared by the City Attorney's office at the request of Mayor Gavin Newsom and obtained by the Chronicle.” At the time, no one knew who had divulged the classified document. But on August 21st, Sarah Phelan of the Bay Guardian asked Newsom if he had leaked the memo to the Chronicle, and he replied: “I handed it to some of my people.” In that case, this raises a whole slew of legal issues.
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