Lake Forest Council Clash Is Taken a Step Further

City council members have long been known to clash during emotionally charged public meetings or behind closed doors. That’s where it usually ends.

But in Lake Forest, a conflict between two council members -- both reelected to four-year terms in November -- has reached a new level, with one seeking a restraining order against the other.

Longtime Councilwoman Kathryn McCullough said Councilman Peter Herzog has verbally and physically assaulted her in separate incidents during the last four months.

Just before the Nov. 5 election, she sought a restraining order against him.

Herzog, 47, said there is no truth to McCullough’s allegations. “This is out of left field,” he said. “I never yelled at her or used profanity. We’ve had disagreements like most elected officials, but nothing leading to these absurd kind of incidents.”

In a four-page petition, however, McCullough said she was shouted at by Herzog during a California League of Cities reception July 25 in Monterey and then had her arm “grabbed and pulled” by Herzog after a Sept. 17 council meeting.

McCullough’s request for a temporary restraining order is scheduled to be heard Dec. 18 in civil court.

Among other issues, the two have disagreed over McCullough’s fitness to serve as mayor, a largely ceremonial duty that typically rotates among council members. Two years ago, Herzog unsuccessfully opposed McCullough’s appointment as mayor for 2001.

McCullough was not available for comment, but Councilwoman Marcia Rudolph, a close friend and colleague, said McCullough is not seeking a restraining order that would apply during council meetings or other official functions -- although the alleged assaults have occurred during such events.

“Kathy has not asked for that separation when they are doing city business,” said Rudolph, who has known McCullough for more than 20 years.

According to court documents, McCullough said Herzog verbally attacked her over her choice of political allies on the Lake Forest City Council.

“His vulgarity and shouting was so loud that an older man [nearby] asked me if I was OK,” McCullough said in court documents.

McCullough said her altercation with Herzog outside council chambers Sept. 17 caused tendon damage in her wrist.

“I don’t feel safe anymore,” McCullough, 60, said in the document. “I cry for no reason, and I am reluctant to go places for fear that he is going to go off the next time and kill me.”

Richard Dixon, the city’s mayor, said the dispute has not affected either council member’s government duties.

“This is a private matter between two individuals, and it’s not impacting the city or the City Council meetings,” Dixon said.

“No one says they have to be best friends and hang out socially to do the job they are elected to do.”