OXNARD : Clerk Threatens Suit in Pay Raise Dispute

Oxnard City Clerk Daniel Martinez has warned Oxnard officials that he will sue for a pay raise deferred since last November unless the pay issue is promptly placed on the council agenda.

Saying the city missed a 90-day deadline for resolving the matter, Martinez notified the city through his attorney Thursday that the city has illegally delayed a decision on his pay increase.

“How patient should I be?” Martinez asked Friday.

After receiving the letter, City Manager Thomas Frutchey said he plans to place a pay raise proposal on the April 5 council agenda.

The controversy stems from a council decision in November to drop automatic 5% raises for the clerk and treasurer after one year, and instead make the raises dependent on a performance review. Martinez finished his first year in office Nov. 24.

Martinez contended the action could harm the independence of the two elected positions by injecting politics into the pay decision. His supporters accused Councilman Michael Plisky of opposing the automatic raise because of lingering rancor over the defeat of former clerk Mabi Covarrubias Plisky--Plisky’s wife--by Martinez in the 1992 election.

City staff was supposed to return to the council with a pay proposal by late December so that council members could act by late February. But with no action yet, Martinez said Friday his patience has run out.

“There’s an ordinance on the books that says how this office should be run, including how it should be compensated,” Martinez said.

Martinez said the dispute may be about pay, but it is not about money. He has promised to donate the salary increase to charity.

Councilman Michael Plisky said he would not comment Friday because of the possible lawsuit, but Mayor Manuel Lopez--who cast the lone vote against the pay deferral--said Martinez deserves the raise.

“This all happened nine days before Daniel was supposed to get his raise,” Lopez said. “I think we owe it to him.”