OC supervisor's herbicide pause triggers authority fight

Orange County Supervisor Katrina Foley drew fire Tuesday from Republican colleagues who accused her of overstepping her authority by announcing a countywide pause on herbicide spraying in creek beds without a formal board vote, according to Voice of OC.

The standoff raises fundamental questions about how much authority any single one of OC's five supervisors can wield unilaterally — a question made sharper by the recent corruption conviction of former Supervisor Andrew Do, who routinely directed county staff without public votes.

Foley issued a press release last week announcing the halt to herbicide applications across the county's creek beds. In the release, cited by Voice of OC, Foley said: "Harmful toxins have no place in our waterways. I appreciate the Orange County Public Works team for responding to community concerns and pausing applications." The announcement came after town halls and online criticism of her environmental record — and after she had approved only a pilot program within her own district.

At Tuesday's supervisors' public meeting, Republican Supervisor Janet Nguyen challenged the move directly. "This issue is not about politics, it's about one county supervisor overstepping her authority. If one supervisor is allowed to do that, then each of us should be allowed to," Nguyen said.

Republican Supervisor Don Wagner drew an even sharper line, recalling words he directed to Waste and Recycling Director Tom Koutroulis at a February board meeting: "Any one of us has no legal authority in this country to do things. Three of us, any three of us, can do anything the county is allowed to do. One of us can't direct you. Do you understand that?"

Foley defended her actions, attributing the countywide pause to a county staff decision driven by Department of Fish and Wildlife concerns about herbicide impacts on local birds — though Voice of OC reported no formal letter from the agency was received. In a statement to Voice of OC after Tuesday's meeting, Foley said: "These pilots are direct responses to constituents, better serve our districts, and create measurable data and metrics to push priorities countywide."

Wagner warned the pattern echoes the conduct of former Supervisor Andrew Do, who pleaded guilty to corruption and bribery charges. "The issue is one of us running roughshod over staff is the kind of thing Andrew did for his own personal benefit. It shouldn't be the way we do business here in the county," Wagner told Voice of OC in a Tuesday afternoon interview. He added: "One supervisor doesn't get to unilaterally decide 'we're going to do this.' Certainly not when it applies to the entire county."

Foley, who faces Assemblywoman Diane Dixon in her reelection bid, dismissed the challenge as political theater. "The politicization of our dais is actually what's damaging to the county. I will look forward to when the election is over…the reality is, I'm for sure winning the primary," she said at the meeting. Board Chair Doug Chaffee eventually shut down the exchange, citing a lack of civility.

Nguyen put the governance question plainly in a separate interview: "For me, it really comes down to the fact that Supervisor Foley should not be dictating policy or pressuring staff. That's the bottom line, especially when it affects the entire county."