Oops- Oxnard has been funding/subsidizing the Performing Arts Center- without a contract- since 2010

By Phil Molina

Fyi

———- Forwarded message ———
From: Molina, Phillip <phillip.molina@oxnard.org>
Date: Mon, Feb 20, 2017 at 5:11 PM
Subject: I Need City Attorney’s legal opinion immediately
To: Stephen Fischer <stephen.fischer@oxnard.org>, Greg Nyhoff <greg.nyhoff@oxnard.org>, Michelle Ascencion <Michelle.Ascencion@oxnard.org>
Cc: Jefferson Billingsley <jefferson.billingsley@oxnard.org>, Throop, Jim <jim.throop@oxnard.org>, Ingrid Hardy <ingrid.hardy@oxnard.org>, Eden Casareno <ecasareno@eadiepaynellp.com>, Schwartz, Michael <michael.schwartz@ventura.org>

Mr. Stephen Fischer, City Attorney

Mr. Greg Nyhoff, City Manager AND

other elected officials of Oxnard:

 

Last week I convened a meeting to discuss the Oxnard Performing Arts Center (PAC) bank accounts at RaboBank.

At question was whether the money in the three bank accounts belong to the City or to the non-profit PAC.

Those present at that meeting included Jefferson Billingsley, Esq. from the City Attorney’s office, Jim Throop, Oxnard CFO, Eden Casareno, CPA, Oxnard’s independent financial auditor, Ingrid Hardy, Oxnard’s Cultural and Community Services Director, and other city staff including me.

During that meeting we were informed that the agreement that established the financial and legal relationship and responsibility between the City of Oxnard and the non-profit Oxnard Performing Arts Center (the PAC)  had expired in the year 2010 and had never been renewed.

As we all know, since 2010 through 2017 the City has continued to pay for the operating costs and the payroll expenses for the PAC by issuing checks to RaboBank to cover full salaries, withholding taxes, and Social Security payments for the employees who work for the non-profit PAC and other PAC expenses.

I have not heard back from the City Attorney’s office concerning this matter. After waiting for some official comment from the City Attorney, this last week and being concerned about the expired PAC agreement between the City and the PAC, I realize that I may not be legally authorized to sign any checks made payable to RaboBank without proper legal authority to do so since no current operational agreement is in force.

I AM, THEREFORE,  RESPECTFULLY REQUESTING that the City Attorney provide me with his legal opinion and references for his opinion whether I do or do not have the authority to make payments for payroll, operating, and all other disbursements to cover any costs  for the operations of the non-profit PAC so that I may either continue signing the warrants payable to RaboBank or to stop signing those warrants.

I appreciate a complete and quick response from Mr. Fischer so that there will be no disruption in the operations of the PAC.

Respectfully,

Phillip S. Molina

Oxnard City Treasurer

 

Phil Molina is Oxnard Treasurer,  former Finance Director, whistleblower victorious in court and resident.


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