Kathy O'Connell, City Clerk was kind enough to send by email the following completed information from the City of Pacifica, this evening, 11/2/16.
"Answers to questions about Councilmember Nihart's withdrawal from the Election, 11/1/16."
"The City of Pacifica has received a number of questions related to the recent news that Council member Mary Ann Nihart has withdrawn from her candidacy for re-election. While we can't and won't respond to questions that require drawing conclusions about the political process, we offer the following information to help clarify the situation:
|We won, so did Mike. |
And this City government improved.
a. Yes, she can. The Hatch Act applies to campaigning.
2. How will the vote be interpreted when the ballots are counted?
a. Councilmember Nihart's name will still appear on the ballot. If Councilmember Nihart is elected, her letter to the City Clerk effectively operates as a letter of intent to relinquish her office as of the end of her current term of office. Voting and counting of ballots will not be affected, and the election will proceed as normal
3. How will people be notified that she is not running for the position?
a. It is up to the candidate to announce that she is not running for the position. Nihart issued a press release and an open letter to the community that both appeared in the Pacifica Tribune on November 2, 2016.
4. What happens if she receives enough votes to be one of the top two vote-getters?
a. Councilmember Nihart's letter to the City Clerk effectively operates as a letter of intent to relinquish her office as of the end of her current term of office. She has also indicated in the press release that she has decided to continue her professional position with the VA. Therefore, the seat will become vacant.
5. How will the vacant seat be filled?
a. The City Council has two options: the new Council may appoint anyone it deems appropriate to fill the vacancy seat or it may hold a special election on the next regularly established election date not less than 114 days from the call of the special election.
6. When will we know what is going to happen?
a. The new Council will be seated at a special meeting on December 14. It will be the first opportunity for the Council to discuss future steps so we will know more then.
We realize that you may have additional questions, but for now, this is the information that is available."
Reference. Press Release, 10/28/16, pdf pages 3, "Pacifica City Council candidate for re-election Mary Ann Nihart announces withdrawal from 2016 Election." Facebook, Mary Ann Nihart," "Pacifica City Council." Related article. Pacifica Tribune/Mary Ann Nihart Open Lettter, 11/2/16, "Why I must withdraw from council race." .... "The initial review of the endorsement, web sites of the candidates, and the SMCDCC website by the Office of Special Council found the circumstances were not sufficient to consider the race partisan. However, early in October, an anonymous complaint was filed against my candidacy and further evaluation of the Pacifica City Council race resulted in my receipt of a 'cure' letter. ..."
Note photograph from Pacifica Patch/Gideon Rubin (Open Post, 11/7/12, City Council Election 2012... Karen Ervin standing left, Mary Ann Nihart smiling right. "With 100 percent of the precincts reporting, incumbent Mary Ann Nihart and former Pacifica School District Trustee Karen Ervin took the most votes in the race for the two four-year term council seats. Pacifica School Board member Michael O'Neill won the most votes in the race to fill the spot left by Jim Vreeland, who resigned earlier this year for health reasons. O’Neill will serve a two-year term. ..."
Posted by Kathy Meeh