Things have really heated up for me as a candidate for the Newport Beach City Council. Many of you who are receiving this are contributors to my campaign fund,
as well as supporters. I, Therefore, feel a responsibility to let you know what is going on……
As some of you may know, Bob McCaffrey, through e-mail and social media, has put it out there that because I am a current member of the NB Civil Service Board, I am ineligible to run for office. He cites Section 710 as the basis for this claim. I have hired the services of Mark Rosen, Attorney at Law, who specializes in political law. Mark, on my behalf wrote a letter to the city clerk dated July 5, 2016, asking her to make a determination as to my eligibility. Yesterday he received a response from the city clerk in the form of a letter which states that I am ineligible to run due to Sections 710 and 701 of the City Charter.
Today I met again with Mark Rosen. Together we have decided to sue the city. The suit was filed today. Also filed today was a Declaration of Immediate Action Required with the Superior Court for the County of Orange asking that a peremptory writ of mandate and a temporary restraining order or preliminary injunction, and then permanent injunction be issued commanding the city clerk to issue me nomination papers and accept them upon my submission.
I have had an appointment scheduled with the city clerk for months now for this coming Monday, July 18th, to receive my nomination papers. I have until August 12 to complete and submit. I am anticipating that the city clerk will not meet with me on Monday because of the letter my lawyer received from her yesterday stating my ineligibility.
We are anticipating that the above described writ, restraining order, and injunction will be issued by a judge either tomorrow (Friday, July 16th), or Monday, July 18th. If it is not tomorrow, and not by 10:00 a.m. on Monday, I will not have the writ or injunction with me to present to the city clerk at my appointment on Monday. I will then have to reschedule the appointment for another day next week. I have every intention of keeping my scheduled appointment with the city clerk on Monday.
The next step will be a decision by a court of law on my eligibility status. In the suit we have explained the timelines for this upcoming election, how the “cloud” over my candidacy is effecting my ability to campaign and raise funds, and the impact it is having on the voters of Newport Beach all for the purpose of getting this case on a court calendar in a timely manner, getting a judgement, and hopefully putting the whole issue behind us.
I want you to know that I meet all of the eligibility requirements to run for office as stated in the City Charter Section 401, and that court cases and decisions clearly point to the fact that Section 710 of the City Charter does not bar me from running. I am not seeking employment with the city, and Albright v. South San Francisco (l975) clearing establishes that a city councilmember is neither a city employee nor a salaried officer. Also, the position of city councilman is not an “appointed” position. Concerning the stipend paid to NB city councilmembers, Govt. Code 6514.5 states that “city council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties.”
An additional court ruling (Rancho vs. Harris, 2014), states that city charter limitations on employment does not apply to city council. Also, when the voters of Newport Beach approved charter amendments two elections ago, they did not understand that there were hidden qualifications for elective office stuck in unrelated provisions that make no reference to running for city council. The intent of Section 710 of our city charter is to prevent a service board member from leveraging his position to curry favor with city administrators for future employment by rendering favorable rulings. This provision makes no sense in the context of being prohibited from running for city council, and this has already been proven in court!
Bottom line here is that I have the constitutional right to run for office, and the voters of Newport Beach have a constitutional right to vote for the candidate they feel is best qualified, and who will represent their interests in the governance of our city. This attempt by the McCaffrey Machine to block my running for city council clearly denies me my constitutional rights as well as the voters. His attempts to eliminate any candidate that does not fall in line with his ideology, or that of Team New to Newport, is clearly his motivation.
As things unfold over the next week, I will keep you informed. I just can’t believe that I am having to go through this in order to establish my legitimate candidacy! I consider it harassment and bullying, but the effect it is having on me is not to pull out, but to persevere and win out in the end.
Your continued support is much appreciated. Trust that “we” will get through this in a timely manner and then onward and upwards!