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    Two Visions of America by Don Jans

    Oxnard Treasurer’s Take on City Losing $34 Million Lawsuit

    EDITORIAL
    Hummm,
     
    Educate me please.  In private business, when the CEO, CFO and Attorney spin the story that results in a loss in  a court decision costing the stockholders $34,000,000, what happens to the CEO, CFO and lead attorney?  Do they get a raise?  Do they get their contracts extended? Do they continue leading the corporation?
     
    But in our local government our city manager, cfo and city attorney told us they did nothing wrong when they set up the charges against the city water, sewer and  solid waste. They said the court would give the city the victory.  They said the opponent was just trying to make a name for himself.
     
    Now that we know the truth, based on the Judge’s decision, but now the city manager complains about the winner. He continues to say the mistakes that he made should not be considered when looking at his performance. There is a term for this type of behavior.
    Respectfully,
    Phillip Molina
    Oxnard City Treasurer

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


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    PHILLIP MOLINA, CPA(INACTIVE), MBA
    PHILLIP MOLINA, CPA(INACTIVE), MBA
    2 years ago

    The problem was first brought to the attention of the current CFO, Assistant CFO and current city manager by me when Alexander first joined the city. In fact the city manager’s own redacted report acknowledges those emails I sent trying to get them to stop violating Prop 218 and Government Accounting Standards, but claims they were “keyboard warfare”. So they had plenty of time a year before Mr. Starr filed his court action to stop the violations. Had they stopped Mr. Starr would possibly not have taken his case to court.
    Likewise I found during Alexander’s time, overtime was paid without the review or approval of supervisors, and the city manager and city attorney approved payments to at least one vendor whose contract had expired years earlier. Finally I found over $1.7 million in city utility account for one corporation, which I brought to the attention of the current city manager.

    Yes, there were problems, but they could have all been solved without this loss of time and taxpayers’ money. I did my best to inform. Can you suggest a different way that the city manager will listen to? Please let me know.

    Respectfully,
    Phillip Molina
    Elected City Treasurer

    Steve
    Steve
    3 years ago

    Phil:

    You should be ashamed of yourself.

    As a long-time City resident and City Treasurer since 2016, you know that the current City Manager, current CFO and the current City Attorney were NOT in their current roles when the City adopted its Infrastructure use fees. In fact, the current City Manager and current CFO were not even City employees when the IUF was put into place. You absolutely know these facts because you dealt with the former City Managers and former CFOs on a regular basis as part of your elected position of City Treasurer starting in December 2016. (Per the court opinion, the City’s IUF was challenged for the period starting with fiscal year 2014-2015.)

    So it is wrong — and quite frankly a lie — for you to state that these three public officials collectively “set up” the IUF charges. They simply did not — and it would have been impossible for them to do so.

    Bottom line — if you are going to go on the attack, make sure that your facts are correct. Here, your “fact” are are clearly wrong.

    Debbie Mitchell
    Debbie Mitchell
    3 years ago
    Reply to  Steve

    Thank You Steve!
    I was just coming to post:
    The CFO started Jan 2019
    The city manager started working for the city of Oxnard July 2018. 
    The lawsuit was filed in 2017.
    The statement from the city manager states:
     “I hope our community understands that Mr. Starr does not have our best interests at heart in his various actions. In this case, rather than correcting how the IUF was implemented, which I agree with, he sought to throw the baby out with the bath water, to meet his political objectives to the detriment of our community.“

    In my opinion-
    I find that statement very reasonable considering Mr. Starr generally makes a point to sue rather than work within the framework of providing input and working with the city to correct things. The time and resources on lawsuits is to me morally and fiscal unsound and unreasonable to burden the pubic with.

    I can only imagine that had steps been made to correct the IUF after the lawsuit had been filed but prior to hearings, that there would have been an outcry over that as well. 

    It is not unusual for a CEO or CFO to inherit the results of the bad practice and decisions of their predecessors, however it creates a toxic work environment to blame all new management with the bad practices of their predecessors.

    Douglas D Partello
    Douglas D Partello
    3 years ago

    The City Manager’s response to this latest, in a long list, of wrongdoing by our City leaders is filled with misrepresentations, and personal attacks on the person exposing the wrongdoing. He questions the motives of the person bringing light to an illegal act. No, Mr. Ngyuen was not there when those decisions were made. But, he is here now, and time and again, he takes the low road, in his personal attacks, and disinformation spin of something that needs accountability, and appropriate response. He attempts to blame Mr. Starr for the impact on public services by the loss of General Fund monies, that never should have been there to begin with! It was not Mr.Starr who got their hand caught in the cookie jar. What the citizens of Oxnard deserve is condemnation of this illegal act by our CURRENT City leaders, and CEO (City Manager) of the City, not to deflect, and distract from responsibility and accountability in answering to the rate payers of our utilities.. This is a shameful press release, that goes to the very lack of character of someone is such a powerful position of power in our local government. This is not the first time that Mr. Ngyuen has gone on tirades against those he views are opponents, even someone in his own City government, our City Treasurer, he called a liar, more than once. He has lost his cool in election forums, attacking Mr. Starr before, rather than making intelligent counterpoints. If he were the CEO of any large company in this country, his continued lack of restraint, acceptance of responsibility in dealing with a scandal, and professionalism would have sent him packing up his desk, long ago. So, further shame is brought down upon the heads of citizens of Oxnard, when we have to answer questions of the way our City leaders, and staff represent us. Shame on Mr. Ngyuen, and shame on Oxnard for continually violating the trust of the citizens.

    James Aragon
    James Aragon
    2 years ago

    Hi Debbie. What is your basis of the claim that Mr. Starr sues first? See, these government officials welcome well off people like Mr. Starr into their offices until he points out that their cash cows are problematic. The water rate increases was based on bad math (former CFO failed Finance Math 101 on the stand). The IUF fees are based on bad math. When someone like Mr. Starr points it out, they shut them out. The 3 not only were oblivious to the problem, but ignored it and doubled down on it. This is the problem. Along with residents who put up with it.

    James Aragon
    James Aragon
    2 years ago
    Reply to  Steve

    Hi Steve…i do not see where Phil made a claim that the 3 persons in question set up the IUF. Instead, what they did was much worse. Because it was brought to their attention. When Phil refers to “they”, I read it as meaning the City did nothing wrong. And when the 3 were presented facts and law by Mr. Starr, they not only ignored it but doubled down. They held the smoking gun and kept firing.

    Papat
    Papat
    3 years ago

    Get after it Phil, this is unbelievable.

    Mark Savalla
    Mark Savalla
    3 years ago

    Recall, fire, suit, recall, get rid of all.

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