District 2 Supervisor Michela Alioto-Pier is caught up in a feud with the city attorney about a legal opinion that says she cannot run again for re-election.

Alioto-Pier told The Examiner on Tuesday that she should be legally entitled to serve another four-year term. Alioto-Pier was initially appointed to the Board of Supervisors by Mayor Gavin Newsom to fill the remainder of the term of the seat he vacated when elected as mayor.

A Feb. 6 city attorney memo to Alioto-Pier said that “the charter bars you from seeking re-election in November 2010.” A person appointed to serve more than two years of a four-year term “must be deemed to have served a full term” according to the city charter, the memo said.

Newsom appointed Alioto-Pier in January 2004 to fill the District 2 seat. She was required to run for election in November 2004 and served the remainder of what was Newson’s four-year term, ending in January 2007. She was re-elected and is now serving a four-year term.

“I wasn’t appointed for more than two years,” she said. “I ran for a two-year term, served that two-year term. I ran again and now I am in my first four-year term.”

The city attorney’s memo, however, said that someone who is appointed and serves more than two years of a four-year term will be considered to have served a four-year term “whether they stand for election during that period.”

“I think that the city attorney is playing politics with the term-limit law,” Alioto-Pier said.

City Attorney Dennis Herrera’s spokesman Matt Dorsey said, “I’m surprised and saddened that the supervisor would charge the city attorney with issuing a politically motivated legal opinion.” He said that “the charter provision is clear and straight-forward.”

Alioto-Pier said she will make a counterargument in a letter to the city attorney in the coming weeks.

The dispute comes following the city charter change that created district elections in 2000, which will result in several sitting supervisors having served 10 years on the board, and Supervisor Tom Ammiano having served 14 years, an initial four-year term, then a second term cut short by the change, and then two four-year terms.

IN OTHER ACTION

STOP NOTICES: Supervisor Ross Mirkarimi introduced legislation that would prohibit publishers from distributing newspapers and other publications to residents who request not to receive them. Any distributed publication would have to clearly display a toll-free number or an e-mail address for residents to opt out of receiving the publication. Delivery of a publication must cease seven days from the time of notification or The City could assess penalties, as much as $600 for repeat offenses.

jsabatini@examiner.com