In Dana Point, Democracy Lived to Die Another Day.

While the rains intensified outside, a different kind of storm was brewing inside Dana Point’s City Council chambers. City Council Policy 201 stood smack in the storm’s center while all around it, tempestuous debate raged.

Why? For the past 30 years, Council Policy 201 has allowed any Council member to put any item(s) on the agenda for Council’s consideration and action, without restriction or consent. Democracy in action. That is until January 15, 2018 when Mayor Joe Muller’s first act was to agendize “discussion” on the underlying policy. It quickly became clear that “discussion” meant change. No surprise. When is “discussion” of a long standing policy meant to merely restate it and sing its praises?

Mayor Muller complained that in the past two years, Council members had put 8 items on the agendas, necessitating debate that took Council time, although he did not say how much time. The Mayor also neglected to mention that during that same period, Council agenda items totaled 717. Ironically, the Mayor acknowledged that as a Council member, he had used this same policy to agendize an item in 2017 without calling the Mayor or seeking permission. Muller’s use of the policy aside, he mused perhaps it was time to rein in so much freedom. Giving the Mayor sole power to accept or veto agenda items might just make a good policy now.

Residents thought otherwise. In the few days between the City’s posting of the agenda and the Council meeting, social media sites lit up, terming it a power grab and anti-democratic. Twenty four residents sent letters to Council expressing strong opposition to any change. Despite the 11:30 p.m. hour when the item was heard, citizens remained and spoke passionately against any alteration to the policy. No voice had been raised in support of change - except those of Mayor Muller, Councilman Viczorek and the newly elected Council member, Jamey Federico.

Council spent 90 minutes arguing about the policy’s merits. During the debate, Council member Lewis contended that Policy 201 had enabled her to shepherd Dana Point’s recently passed city-wide smoking ban ordinance through Council.

Council member Wyatt expressed his belief that every Council member deserves the right to have any issue of concern to his or her constituents fully debated and when appropriate, acted upon. This right is of particular importance now that Dana Point has been divided in Council districts. What is important in one district may not even be on the radar screen of others. Further, in a 3-2 divided Council, it is grossly unfair to give the majority the ability to silence the minority. Democracy demands freedom of speech and equal dignity for all elected members.

In the end, Council Policy 201 was left unchanged, at least for now. But the attempt put residents on notice. Even a policy as old as the City itself could end up collateral damage in a political fight.