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Candidate and councilwoman square off over recording at Costa Mesa meeting

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Costa Mesa City Council candidate Julie Mercurio on Wednesday criticized Councilwoman Katrina Foley for conduct she called “intimidating” and “irresponsible” after Foley asked the city’s police chief to ask Mercurio to stop recording a public meeting on her phone Tuesday night.

Foley said Wednesday that the recording was distracting her during the meeting, a council study session to discuss the city budget for next fiscal year.

Mercurio, an Eastside resident who announced her bid for City Council last week, used her phone to stream the beginning of the meeting on Costa Mesa Public Square, a community Facebook group of which she is administrator.

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Residents are allowed to film public city meetings as long as they are not disruptive. Costa Mesa records most of its public meetings in the council chamber and broadcasts them online.

Mercurio was sitting near the front of the room, close to the dais. Following the public speaker portion, she turned her phone’s camera on the four council members present. Soon after, Foley grabbed a large document and held it in front of her face for about 30 seconds before turning away from Mercurio’s phone.

About two minutes later, Foley left the dais. Soon after, Police Chief Rob Sharpnack approached Mercurio.

“He comes over and says, ‘Can I speak with you? Can you please turn that off and come with me?’ ” Mercurio said Wednesday.

The two then left the council chamber. Mercurio said Sharpnack relayed a message that Foley didn’t want Mercurio filming her.

“I don’t understand it,” Mercurio said. “This is our city, our town. The community has a right to be informed.”

Mercurio later returned to her seat and resumed recording for a time.

Sharpnack declined to comment Wednesday.

Foley said Wednesday that she asked Sharpnack to approach Mercurio because her filming was distracting.

“All I wanted the chief to do was ask her not to do that because it was distracting to me,” Foley said. “It wasn’t anything more onerous than that.”

Foley said her request was “no different from people being distracted by people clapping and the mayor telling officers to go tell them to stop clapping.”

“All I was trying to do was do my job and listen to staff,” Foley said. “I apologize if I overstepped, but I really, sincerely was just distracted.”

After Mercurio posted a description of the incident on the Costa Mesa Public Square page, the dominant response from group members was indignation.

“I feel like it was irresponsible for her to abuse her power like that,” Mercurio said of Foley. “It’s intimidating.”

On Wednesday, Mercurio sent an email to Costa Mesa Chief Executive Tom Hatch saying she was “shocked at Foley’s behavior.”

She also said the experience won’t stop her from streaming city meetings in the future.

“It’s bothersome,” she said, “but at the end of the day, it’s a new day.”

Mercurio is running for one of the three City Council seats available in November’s election.

Foley was elected in 2014. Her term lasts through 2018.

Staff writer Bradley Zint contributed to this report.

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luke.money@latimes.com

Twitter: @LukeMMoney

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