Oxnard council adopts ordinance shifting some treasurer duties after appellate decision; debate centers on due process and staffing

The Oxnard City Council on March 4 adopted an ordinance that moves certain duties involving the collection of fees and taxes and some payment-processing responsibilities away from the elected City Treasurer and toward city staff and the police chief, saying the change implements aspects of a court of appeals decision. The ordinance passed on a 6-1 vote.

City Attorney staff presented the ordinance as an implementation of an appellate decision concerning the scope of duties reserved for the elected treasurer. The attorney told the council the ordinance "makes no more or less changes than the appellate court said the city council was allowed to do" and that adopting the ordinance would not remove the treasurer from office.

City Treasurer Phil Molina testified at length during the council discussion. Molina said he still needs access to records, staff and training to carry out the treasurer—s statutory responsibilities and said he does not currently have the resources required. "As of this time, that's correct," he said when asked whether he lacked access to necessary resources. Molina described duties he believes remain with the elected office and requested the ability to examine deposits, postings and financial transactions to perform monthly reporting to the legislative body.

Opposition from some council members centered on procedural fairness and the investigative record that led to the ordinance. Councilmember Starr said the process had "circumvented the court" and raised concerns about denying an elected official the same cross-examination protections that would exist in a criminal proceeding. He said he would vote no.

The city attorney noted that the investigative materials included written declarations signed under penalty of perjury and that multiple former and current staff had reported conduct they described as inappropriate. Some council members and speakers said the ordinance was necessary to protect employees and preserve the integrity of the city—s finance operations.

Public comment before the vote included staff and community speakers on both sides. A representative for the petitioners and private citizens urged the council to uphold the court—s guidance and adopt the ordinance; others argued the council was effectively sidelining a voter-elected official and urged caution.

The ordinance transfers enumerated collection duties and certain check-payment functions to the assistant city treasurer and designates the police chief (or the chief—s designee) as the listed collector in city code. The city attorney told the council the action, if adopted, would place the city in compliance with the appellate ruling within 30 days.

Molina said he and city staff are discussing what additional access, training and staffing he would need to perform the duties that remain under his statutory authority. Assistant City Manager Eric Sonstegard said staff will work with Molina to provide necessary materials and identify training.

The final roll call on the ordinance: Parralo (yes), Perez (yes), Rodriguez (yes), Mayor Pro Tem Turan (yes), Basua (yes), Mayor MacArthur (yes), and Councilmember Starr (no). The motion to adopt was made and seconded on the record before the vote.

The ordinance did not specify a change in salary or removal from office; those remain as provided by state law for elected officials. The council directed staff to proceed with implementation steps described in the ordinance and to coordinate with the treasurer's office on access to records and training needed to perform remaining statutory duties.