Dana Point City Councilwoman Could Lose Her Post

City Councilwoman Toni Gallagher, a strong political voice against development, could be forced off the council because she has failed to attend regular meetings for nearly two months, according to city officials.

Gallagher, who was injured in a car accident on May 9 and has not attended a regular council meeting since April 23, could lose her seat next week under a state law requiring that permission be obtained to miss all regular meetings within 60 consecutive days.

However, Gallagher contended Tuesday that her political adversaries are using her absence to force her from the council seat she has held since June 1994.

“The power clique on the City Council is trying to use political gamesmanship to steal an elected office from the voters of our city who installed me,” Gallagher said. “I’m surprised that the City Council would pursue such a sleazy tactic.”

Gallagher has clashed repeatedly with the council majority over a range of issues. She has opposed developing the 121-acre Headlands and installing ball fields at Dana Hills High School, instead advocating that Dana Point preserve its small town atmosphere.

But Mayor Karen Lloreda said the council is just trying to ensure that enough council members attend meetings to conduct city business. She said it’s not too late for Gallagher to request to be absent and thus keep her seat.

“We needed to ascertain whether or not this is a long-term absence or if she plans on coming back to participate,” Lloreda said. “We’ve been functioning minus her for over a month and I don’t think that’s an optimum way for a city to be governed.”

Lloreda said the council directed City Atty. Jerry Patterson to research the code on council absenteeism after Gallagher missed her third regular meeting.

Patterson recently sent Gallagher a letter advising her she could be removed from the council if she did not comply with the state law.

“They’re not just saying ‘you’re out of here,’ ” Patterson said Tuesday. “But if there is no request from Gallagher, then there will be an automatic vacancy.”

Gallagher said she had faxed notices before the last four council meetings--one of them a special session--that she was being treated for whiplash and could not attend. She said she also telephoned the city clerk’s office explaining that she would be absent.

But she has never actually asked the council’s permission to miss those meetings, Patterson said. Gallagher refused to say Tuesday whether she was aware of the state law requiring permission for lengthy absences.

To remain on the council, she has until Sunday to seek retroactive permission to have missed the regular council meetings.

However, Patterson added that even if Gallagher does seek the council’s permission, council members still have the discretion to vote for or against the request. The council is expected to consider Gallagher’s attendance at its June 25 regular meeting.

In the meantime, Gallagher has not yet given city officials any indication whether she will comply with her colleagues’ request that she seek permission from them for her absences.

“If there’s no action on her part, then people will understand that it’s a forfeiture of her seat,” Lloreda said. “I’m still hoping that she will choose to do something.”