Oxnard City Treasurer Tries to Take Back Functions Ceded by Predecessors, Adhere to Law

.
.
.
By Phil Molina, Oxnard City Treasurer
.
I know and agree that fighting a government just for the sake of the fight doesn’t help anyone. 
.
I also know the City has passed ordinances that sometime seem to  disagree with the State law. Not being an attorney I am aware that General Law cities can pass ordinances that clarify and detail State Law but cannot pass ordinances that contradict State law.
.
I agree with or have no professional input in most of what the city administration does, because my expertise is very narrow and only in Fiscal matters.
.
So when I have a disagreement it has to do with financial matters and the knowledge base I have gained over the last 30 some years working in local governments.
.
For example, State law requires that the City Council review all checks before they are released. However, when I sent the city Attorney a request for his legal opinion on why the City does not agendize the list of checks for Council review and approval before I release them, he is silent and will not respond to my email.
.
The city had been reporting Measure O as a Special Revenue  Fund separate from the General Fund, regardless the fact it did not garner the 66% vote required by State law for it to be reported as a Special Revenue fund. I had been expressing my concerns over this error for some time because it does not grant the Mayor and Council the authority to use the money in “Measure O” when it is reported as  Special Revenue Fund. Recently the City Attorney acknowledged that because the “City Treasurer” had identified this issue, he now agrees that Measure O money is part of the General Fund and that means the Mayor and Council can use that money for any city purpose and it is not dedicated money.
.
When the City Manager reviewed an agreement with a corporation I was told that the City Attorney’s position was that neither the City Manager nor the City Treasurer need to sign the document approving a 6 month extension in the payments of over $50,000. I reminded the Cty Manager/City Attorney that business law in California requires the signature of both parties in an agreement and not just the signature of the one party.
Last for this email, when I identify the State law that requires the City Treasurer’s signature on any debt the city issues (bonds and refinanced bonds are debt)to both the City Manager and the City Attorney letting them know if that law is still with standing, as the elected Treasurer will need to be part of the process for determining the need, feasibility and fiscal soundness of the issue before I will just sign on $10 million of debt. I have not received a legal opinion yet.
.
I hope this helps explain why I don’t fight the city as much as they seem to fight me. My intention is to work with all city staff, and indeed I receive complements almost everyday from various city management staff and all levels of  employees for my continued work in following the rules and keeping them abreast of what the City Treasurer is doing.
.
These are the small but important issues that from time to time I question.
.
Respectfully,
Phillip Molina
.

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


Get Citizensjournal.us Headlines free  SUBSCRIPTION. Keep us publishing – DONATE

2 Responses to Oxnard City Treasurer Tries to Take Back Functions Ceded by Predecessors, Adhere to Law

  1. Oxnard water rat November 19, 2019 at 10:14 am

    Way to go, Phil!

    Reply
  2. Ms. Del Toro November 18, 2019 at 7:19 pm

    Keep up the good work Mr. Molina! Transparency’s very important.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *