Oxnard: Aaron Starr sues Mayor Flynn for ballot statement violations: hearing Wednesday

By George Miller

Oxnard Mayoral candidate Aaron Starr accused Mayor Flynn of making false claims in Flynn’s ballot statement for the rapidly approaching special recall election. Flynn is one of the officials on the recall measure. Starr is one of 5 challengers. 

Excerpt from case document

 

 

 

 

 

 

Specifically, Starr asserts that Flynn’s claims on no deficit and a “clean” audit are demonstrably untrue. Starr’s counsel, Chad Morgan, intends to prove that in court tomorrow and take steps for Flynn/city to change the ballot statement. The quick response by the court in providing such a rapid hearing is because time is of the essence to act to avoid committing irreparable harm to Starr’s challenge to Flynn.

Update 3-7-18: Per Starr: “I don’t want to state that his public comments are a criminal act. I realize that he may be electioneering from the dais, but I can’t tell you that this violates a particular law. I don’t know if his statements at a council meeting are an elections code violation. “

Flynn has replied that his statement, “the city has its first balanced budget and ‘clean’ audit in decades”, is both truthful and accurate. He pleaded that there “are many tricks” to make a balanced budget, that it is impossible to know if his statement is wrong and that the statement was made in good faith. He cites improvements in records and a newspaper article (not this publication) as evidence of a “clean” audit, while Starr uses a more technically correct accounting definition of what constitutes a “clean” audit (Starr is a high-level financial executive with a finance education).

Starr had also accused Flynn of making defamatory and illegal statements about him at a recent city council meeting, including saying Starr shouldn’t be in office if he can’t compromise and that he couldn’t make decisions without his wife. Starr said this was in violation of election law.  He told us today that he still stands by that statement, but the difficulty in meeting stringent legal standards of proof and the likely long delay for the case to be heard make success problematical. It would likely be moot for all practical purposes if/when it got to court. Therefore, that dispute will not be litigated at this time.

From our 2-13-18 City Council meeting report, Item K-2:

Mayor Flynn- Thanks to City Clerk. Election being held because of unwillingness to compromise. Civil War shows what happens when we don’t compromise. Starr was asked publicly if infrastructure fees were eliminated could he support rates. He couldn’t make decision, had to ask his wife who said no. Flynn said we did everything we could for compromise, but Starr decided if it didn’t go 100% his way, he wouldn’t bend. I don’t think a person belongs in a public office. If he wouldn’t compromise, he shouldn’t be in public office. Extreme solutions to solve problems. Now we have a special election.

Source: http://citizensjournal.us/oxnard-council-2-13-18-recall-election-progress-5-city-manager-report-las-cortes-dev-progress/

You can also watch Flynn say this on the meeting video record, somewhat off-topic, near the end: http://oxnard.granicus.com/MediaPlayer.php?view_id=95&clip_id=3872

video: 2:16:10

 

Flynn has so far not responded to our requests for comment. We’ll update this article if/when we hear from him.

 

Relevant court documents

2018_03_05 Reply to Flynn Opposition

2018_03_05 Supp. Decl. of Aaron Starr

2018_03_01 Respondent-City-Clerk-Statement-No-Position

2018_03_02 Tim Flynn Response

 

The hearing will be held at 8:30 am, March 7, 2018 in Courtoom 41 at the Hall of Justice at the Ventura County Government Center, 800 S. Victoria Ave., Ventura, CA

 

Oxnard Starr supporter unloads on Mayor Flynn’s 2-13-18 comments

Oxnard Starr supporter unloads on Mayor Flynn’s 2-13-18 comments

By Aaron Starr Supporter   (ed. note: we received this email on Oxnard Mayor Flynn’s attack on Aaron Starr near the end of the 2-13-18 Oxnard City Council meeting. It carried the stipulation that the writers’s identity not be revealed. We know this is a Starr supporter.) “Mayor Flynn has a memory that seems to […]


George Miller is Publisher/Co-Founder of CitizensJournal.us and a “retired” operations management consultant residing in Oxnard.


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