Analysis of Documents, Interviews Corroborate Supervisor’s Assertion That He Remains Legally Domiciled on Stevenson Street in S.F.
SAN FRANCISCO (Aug. 17, 2009) — City Attorney Dennis Herrera today published the conclusions of his office’s investigation and legal analysis into questions surrounding the legal domicile of District Six Supervisor Chris Daly, who along with his wife, Sarah Low Daly, recently purchased two houses in Fairfield, Calif. The City Attorney’s probe, which was initiated after Daly volunteered to be investigated late last month following his announcement of the purchases, concludes “that Supervisor Daly currently remains a resident of District Six, as required by the San Francisco Charter.”
Daly has maintained that he continues to reside at the couple’s condominium on Stevenson Street in San Francisco, where he has lived since Nov. 2001. His wife and two children recently relocated to Fairfield. The 15-page public memorandum jointly authored by City Attorney Ethics Team Chief Jon Givner and Chief of Investigations Thomas Boyd found the following:
“Supervisor Daly has consistently stated that he spends most of his time in San Francisco and that he intends to remain at the Stevenson Street residence. His actions — as evidenced by witness observations as well as public and private documents — corroborate that intent. We have reviewed a number of documents, including Department of Motor Vehicle registration records, voter registration records, tax returns, utility and related bills, homeowner’s exemption records, and other public documents, all of which are consistent with Supervisor Daly’s assertions and link him to the Stevenson Street residence. In contrast, we are aware of no documents that demonstrate Supervisor Daly has changed his domicile to Fairfield. Additionally, a number of witnesses, including Ms. Low Daly, Supervisor Daly’s Stevenson Street roommates and third party neighbors in San Francisco and in Fairfield, corroborate his statements. Based on our inspection of his bedroom and other rooms in the unit, it appears that Supervisor Daly resides at least part-time at Stevenson Street. “Applying the established legal standard, we conclude that Supervisor Daly currently remains a resident of District Six. Under the Charter, he must remain a resident of that district and intend that it continue to be his fixed home for as long as he remains in office as the District Six Supervisor. We do not reach any conclusions here about whether Supervisor Daly’s domicile will change at any point in the future.”
The City Attorney’s memorandum additionally offers a comparative analysis of facts and applicable laws involving the office’s 2007 investigation into the residency of former Supervisor Ed Jew, whose failure to establish legal domicile in San Francisco’s District Four prior to seeking that office violated provisions of the City Charter and contributed, in part, to his decision to resign the office in January 2008. Daly’s disclosure last month of his family’s property purchases in Fairfield led several news organizations to draw parallels between the two district supervisors and the extent to which each met the residency requirements of state and local law.
- PDF of the City Attorney Memorandum on Sup. Daly’s Legal Domicile