Irvine Ordered to Seat Gaido on City Council

Mary Ann Gaido, who sued the city of Irvine for a seat on the City Council, emerged victorious Friday.

An Orange County Superior Court judge ordered Irvine officials to allow Gaido, the first runner-up in the city’s June council election, to complete the two years remaining on Mayor Sally Anne Sheridan’s unexpired council term, rather than hold a special election in November.

Judge Eileen C. Moore said Gaido deserves to be seated on the council because of misleading language on a petition circulated among city voters to set up the Nov. 6 special election.

“The petition . . . didn’t adequately inform voters that, if they didn’t sign it, Ms. Gaido would be seated,” Moore said. “Several persons said the petition did mislead them . . . into thinking that the vacancy could only be filled by a special election.”

The timing of Moore’s ruling was crucial because Friday was the deadline for the county registrar of voters to get the Nov. 6 election materials to the printers.

Because Moore ruled in favor of Gaido, Irvine City Clerk Nancy C. Lacey said she told election officials to omit the special council election from the city’s fall ballot. Five candidates had filed to run in the special election.

An elated Gaido said she intends to participate in the next council meeting on Sept. 11. Confident that her suit would be successful, Gaido had not filed to be a candidate in the special election.

“I feel terrific,” said Gaido, who filed the suit July 23, three days after Sheridan was sworn in as mayor. “Our long, hot summer has come to a close.”

City Atty. John L. Fellows said he plans to appeal Moore’s ruling.

Fellows had argued that Moore could not invalidate the petitions without first invalidating city election laws allowing for the petition process.

Under a 1988 Irvine initiative known as Measure D, a special election to fill a council seat left vacant by a member who is elevated to mayor must be held if 7% of the city’s registered voters sign a petition.

If no petition is filed, the third-highest vote-getter in the election is automatically seated. Gaido, who ran on a slate with former Mayor Larry Agran in the June election, came in third behind Councilmen William A. (Art) Bloomer and Barry J. Hammond in the race for two council seats.

Moore said the petition for a special election, filed July 16 with the city, was faulty because it omitted an explanation of the automatic seating rule.

Just two weeks ago, Moore removed Gaido’s two original attorneys, Stephen Coontz and Franklin Lunding, from the case because the judge said they had a conflict of interest. The attorneys had recently worked for the Irvine City Council reviewing the same election laws challenged in Gaido’s lawsuit.

However, shortly before that ruling, Gaido hired Irvine attorney Christopher Mears to handle the case separately.

“We’ve won round one, that’s for sure,” Mears said Friday. “Once the (judge’s) order is signed, the council is under court order to seat Mary Ann Gaido.”