Former Millbrae mayor Ann Schneider has hauled her own city into court, filing a writ of mandate in San Mateo County Superior Court today to stop officials from enforcing a new reading of Millbrae's term-limit rules. The interpretation would require a four-year break after three consecutive four-year terms. Schneider argues the move is both illegal and aimed squarely at her, and says it would rob voters of a choice. She plans to run for the remaining District 3 partial term, with the local filing window having opened on Monday.
Council's July 7 resolution
At a special meeting last Tuesday, the City Council adopted a resolution that it says simply clarifies how Measure FF should be read. The direction to staff: after three consecutive four-year terms, a councilmember must sit out a full four years, while members who termed out before Measure FF took effect are exempt from the new break requirement. The item appears as “Adoption of a Resolution Establishing an Interpretation of the City's Term-Limit Provisions” in the city's July 7 meeting agenda and packet. For the full language and staff report, see the City of Millbrae meeting agenda.
Schneider's court challenge
Schneider's petition asks a judge to block enforcement of the council's four-year-break interpretation for the upcoming election and to clear the way for her to run for the District 3 seat. In the filing and in public statements, she blasted the council's action as both illegal and targeted, adding that one does not change election laws six days before the start of an election. As reported by the San Mateo Daily Journal, Mayor Stephen Rainaldi was the lone councilmember to vote against the interpretation, and the city attorney declined to comment on the pending litigation.
Election timing and what it means
The nomination period for the November 3 consolidated election opened on Monday and runs through Aug. 7, with a five-day extension if an eligible incumbent does not file, according to the county filing calendar. The District 3 race on the ballot is a short-term that runs to Dec. 12, 2028, so any ruling on who is eligible could immediately alter which names voters see in November. Filing deadlines and candidate requirements are listed by the San Mateo County Assessor-County Clerk-Recorder.
Legal stakes
Schneider is asking the court for immediate relief that would stop the city from using its new interpretation while the lawsuit plays out. If a judge agrees, a temporary order could keep the door open for candidates to file under the old understanding of the rules. The dispute centers on Measure FF, the voter-approved update that expanded eligibility to three successive four-year terms, and the court's reading of that measure may determine whether the council stepped beyond its authority when it adopted its resolution last Tuesday.
