Court Won’t Step Into City Council Battle

Saying that bruising battles are simply part of being a politician, a judge Wednesday refused to issue a restraining order to a Lake Forest councilwoman who said a male council colleague assaulted her and routinely insulted and mocked her.

Councilwoman Kathryn McCullough’s allegations that Peter Herzog -- a longtime colleague -- often shouted at her, stalked her at city functions and once grabbed her arm so violently that she was forced to wear a splint did not rise to the level of harassment, Judge Lyle Robertson said.

“When you put yourself in a public arena, there is often conflict,” Robertson said.

Even if everything the councilwoman said was true, the judge said, it still didn’t demonstrate a pattern of dangerous conduct by Herzog. He ordered McCullough to pay Herzog’s $1,500 legal bill.

McCullough has had a chilly relationship with some of her council colleagues over the years. When she was passed over for mayor several times -- a ceremonial post that traditionally rotates among the five council members -- some of her supporters suggested Herzog and others opposed her because she is black.

McCullough, an ordained minister, was elected mayor in 2001. Herzog and Councilman Richard Dixon voted in opposition, both vehemently denying that race anything to do with their vote.

Wednesday’s court hearing left McCullough shaken and upset. She fought tears while talking to reporters and afterward collapsed into the arms of her family and friends.

“What this tells me is all you have to do is be a politician and you can go and hurt somebody,” McCullough, 60, said after the Laguna Hills court hearing. “This just proves there is no justice unless you have money and power.”

Richard Farnell, Herzog’s attorney, had a different interpretation.

“He said basically that ‘you’re engaging in privileged conduct in a political arena,’ ” Farnell said. “In fact, he said it’s [Herzog’s] obligation to do that.”

During the hearing, McCullough said she “didn’t give up my rights to be a citizen when I became a politician. If it had only been a discussion of political issues, I’d have never had a problem.”

In a four-page petition filed before the Nov. 5 election, 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.

She also complained of being stalked by Herzog at city functions.

Herzog, who did not speak during the hearing, said he hopes he and McCullough can put this behind them.

“It should be clear now that it’s time to move on,” he said. “We’ve both been reelected to serve the people.”

But McCullough, who had a splint on her wrist from the alleged physical assault of Sept. 17, said she isn’t quite so willing to forgive and forget. She said she plans to file a lawsuit against Herzog.

“I’ve never wanted a dime from him,” McCullough said. “I just want him to leave me alone.”