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SOUTHERN CALIFORNIA RECORD

Saturday, November 9, 2024

City Treasurer Alleges Wrongful Reduction in Duties and Compensation by City Manager

State Court
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A city treasurer is embroiled in a legal battle with his city government over the drastic reduction of his duties and compensation. Phillip Molina, the City Treasurer of Oxnard, filed a complaint against City Manager Alexander Nguyen in the Ventura County Superior Court on January 2022.

Molina's case stems from a series of actions taken by the City of Oxnard that effectively stripped him of his administrative responsibilities and significantly slashed his salary. Initially elected as treasurer in 2016, Molina saw his office's staff reduced from 19 full-time employees to none, and his annual budget cut from approximately $3 million to zero. His salary was also reduced from a range between $114,656.88 to $157,652.98 to a fixed amount of $20,412.08—the same as what city council members receive. Despite these setbacks, Molina was re-elected for another four-year term in 2020.

The crux of Molina’s argument is that these actions by the City violate sections of the Government Code that govern the duties and responsibilities of treasurers in general law cities like Oxnard. Specifically, he argues that ordinances passed by the City Council transferring his duties to other departments or officials are illegal. For instance, one ordinance transferred the power to collect license fees to an assistant city treasurer—an action Molina contends is not supported by state law.

The trial court initially ruled against Molina, stating there was no conflict between the City's resolutions and governing statutes. However, upon appeal, this decision was reversed. The appellate court found that the City's actions essentially nullified the role of an elected treasurer—a move they deemed contrary to voter intent and statutory requirements.

Molina seeks a writ of mandate to void these ordinances and restore both his duties and compensation. He contends that such sweeping changes undermine not only his role but also the democratic process through which he was elected. The appellate court agreed with Molina’s interpretation that many of these ordinances conflicted with state laws designed to outline specific duties for city treasurers.

Representing Molina are attorneys Norman Dowler and Michael G. Walker. On behalf of Nguyen and other respondents are Kenneth Rozell, Chief Assistant City Attorney; Jennie M. Kelly, Assistant City Attorney; along with T. Peter Pierce from Richards, Watson & Gershon law firm.

Judge Mark S. Borrell presided over the initial trial at Ventura County Superior Court under Case ID No: 56-2020-00541689-CU-PT-VTA.

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