Suspended San Francisco sheriff Ross Mirkarimi asked a judge Tuesday to reinstate him to his job, claiming the mayor did not have grounds to remove him from office.

San Francisco Ed Lee suspended Mirkarimi last week after the embattled sheriff pleaded guilty to a false imprisonment charge stemming from a domestic violence incident with his wife.

However, Mirkarimi claimed in his appeal that the mayor had overstepped his authority.

“The law is crystal clear that an elected official cannot be removed for conduct that occurred before they took office and is not directly related to their job responsibilities,” said David Waggoner, lead attorney for Ross Mirkarimi.

“Mayor Lee’s suspension of Ross Mirkarimi violates the law in several respects and we are asking the court to intervene and reinstate him.”

Lee said the appeal was expected, but could not comment further because the suspension was being evaluated by the city’s ethics commission.

Mirkarimi, 50, pleaded guilty last week to misdemeanor false imprisonment in connection with a Dec. 31 incident in which he grabbed his wife's arm during an argument, causing a bruise.

He was sentenced to three years' probation, 100 hours of community service, 52 weeks of domestic violence counseling and other penalties.

Shortly after his sentencing, Mirkarimi met with Lee, who asked him to resign or face suspension.

Mirkarimi refused to resign, holding a news conference outside the sheriff's department in which he said, "I do not believe that the conduct that I have taken responsibility for constitutes official misconduct within the meaning of the law."

However, the written charges filed by the city attorney's office against Mirkarimi with the Ethics Commission and Board of Supervisors argue that his actions do constitute official misconduct, which is partially defined in the city charter as "conduct that falls below the standard of decency, good faith and right action impliedly required of all public officers."

Another part of the definition of official misconduct in the city charter is "any wrongful behavior by a public officer in relation to the duties of his or her office," which the city attorney's office argued also relates to Mirkarimi's case.

Among the arguments by the city attorney is that the false imprisonment charge he pleaded guilty to conflicts with his ability to oversee the city's jails and his ability to interact with the city's adult probation department is compromised since he is currently on probation.