that i am still very able to be the sheriff of san francisco and that at this time i do not plan to resign. i informed him of my intent to fulfill my duties pursuant to the charter and move to suspend and remove him from the office for official misconduct. he has chosen not to resign, and now i must act. reporter: now the mayor says he has appointed former deputy chief vickie hennessey as the interim sheriff. hennessey most recently served as director for the department of emergency management. now lee says he will officially suspend the sheriff as early as tomorrow. the ethics committee will then take up the misconduct charge and make a recommendation, but we understand it will be the board of supervisors that has the ultimate say. nine of the 11 members must vote to remove mirkarimi from his position to make it stick. reporting live, i m jodi hernandez, nbc bay area news. jodie, thank you. and this has been a fast moving story. we continue our coverage on line and web