The legal battle has begun between The City and District 2 Supervisor Michela Alioto-Pier after she filed a lawsuit Thursday in San Francisco Superior Court seeking to overturn the legal opinion that she is termed out of office.
Alioto-Pier wants to run for re-election, but City Attorney Dennis Herrera’s opinion dating back to 2008 says she is ineligible.
The lawsuit is tentatively scheduled for a July 16 hearing.
It comes down to a provision in the City Charter that says supervisors can serve only two successive four-year terms, and anyone who is appointed to serve the remainder of more than two years of a term is considered to have served a four-year term.
Alioto-Pier was appointed by Mayor Gavin Newsom in January 2004 to fill the District 2 seat, which he vacated. Alioto-Pier was required to run for election in November 2004, prevailed, and served the remainder of what would have been Newsom’s complete four-year term, ending in January 2007. She was then re-elected and is serving a four-year term, which ends in January.
Alioto-Pier argues that her election in November means she was not appointed to serve a more than two-year term.