Mendocino County Supervisors and District Attorney David Eyster are facing a groundswell of opposition this week in their assault on elected county Auditor Chamise Cubbison.
Cubbison supporters say they will show up for her expected entry of a not guilty plea at 9 a.m. Tuesday in Mendocino County Superior Court. Then that afternoon at 1 p.m. they will be present before the County Board of Supervisors, which after the fact, has decided to give the Auditor an opportunity to address her controversial suspension without pay. The board’s move is seen as procedural, however, rather than any serious review of an action they took without public notice, and has set the stage for a possible legal challenge.
“It is unbelievable what is going on,” said Val Muchowski, a longtime figure in local county politics.
Cubbison’s suspension by County Supervisors, and DA Eyster’s criminal charge against a County Auditor he has battled with over his office’s spending, is fueling the biggest County political brouhaha to erupt in a decade or more. It threatens to loom large over upcoming races for the County Board of Supervisors, and a possible bid by Eyster to become a Superior Court judge in next year’s March primary.
The growing public criticism is unsparing.
“The Supervisors took on the role of a constitutional wrecking crew in their rush to judgment on Cubbison,” declared Jim Shields, a veteran north county newsman and manager of the Laytonville County Water District.
Shields in a published statement declared, “The county is on shaky legal ground surrounding this entire, unseemly affair, including the justification provided by the outside attorney.” Morin Jacob, managing partner of a San Francisco law firm, is the board’s outside legal advisor.
Muchowski, who is a leader of the 100-member strong Mendocino Women’s Political Coalition, said her group is aghast at the actions taken by the board and the DA.
“We are very upset about this,” said Muchowski, who has been active in county politics since the 1980s.
Carrie Shattuck, a Redwood Valley resident, and candidate for the board in next year’s election, directly chastised board members after their vote to suspend Cubbison.
“I think the board is really jumping the gun. Ms. Cubbison has not even been arraigned yet,” scolded Shattuck when she confronted supervisors in the board room at their last meeting.
Julie Beardsley, a union leader for 850 county workers who retired this past week from the county’s beleaguered Public Health Department, said Saturday the situations at the County’s administrative and board level are dismal.
“There is no effective leadership at the top. I don’t mean to sound like such an alarmist, but the dysfunction is not isolated. It is widespread,” said Beardsley.
Beardsley said deputy CEOs in the County Executive Office are young and often not as experienced as traditional department heads yet they are running some key county agencies.
Sara Pierce, the Deputy CEO appointed to serve as acting Auditor after suspending Cubbison, for example, has only about three years of experience in county fiscal matters. “She is totally not qualified,” said Beardsley.
Kathy Wylie is a Mendocino Coast resident who served on three county Grand Juries. Wylie said she is fed up with the “blame game” going on at the top levels of county government.
“Quit the blame game. It is costly, unproductive and a huge waste of taxpayer money,” said Wylie.
Wylie isn’t happy with DA Eyster’s involvement in the administrative chaos either. “The DA should be referring high profile cases (like Cubbison’s) for outside review when he or his staff are personally involved.”
Board Chairman Glenn McCourty said this past week he could not comment on the mushrooming controversy.
“We have been advised by our counsel not to discuss or comment on any ongoing criminal investigation and criminal matter,” said McCourty in response to questions.
DA Eyster failed to respond to written questions submitted to his office about the Cubbison case, and his role in the broader controversy over the forced consolidation of the county finance offices.
On Oct. 17, however, Eyster publicly read a statement at the Board of Supervisors meeting denying a vendetta against Cubbison and lambasting “a false narrative being circulated by some who have pursued an agenda of misinformation and by others who recirculate this false narrative without having enough information to know better.”
Eyster insisted the criminal investigation was “not instigated by me or anybody else in the DA’s Office,” but rather an outside complaint made to the Sheriff’s Office.
Yet a board statement issued later described it as “the District Attorney’s investigation,” and said it was “prompted after the CEO’s office found evidence of misappropriation of funds in September 2022.”
Eyster in his statement to the board was defiant in refusing to discuss who sought the investigation, or whether he viewed his past public battles with the Auditor’s Office – which are documented on video and in meeting transcripts — as a possible conflict of interest in pursuing criminal charges against Cubbison.
“Finally, while some don’t like it, my staff and I will not publicly discuss facts and/or legal theories of this case (or any other case for that matter) outside of court unless and until there is a conviction. If someone looking in from the outside tells you or writes that they have divined what is going on and why, don’t believe it,” said Eyster.
Eyster and some members of the Board of Supervisors for two years now have been engaged in an odd political alliance when it comes to the forced consolidation of the County finance offices, and the subsequent arrest of Cubbison.
Muchowski said when the board seats became filled with all Democrats, she and other longtime local political activists celebrated. “Finally,” recalled Muchowski.
But how Eyster, a Republican, fits into the current board political mix is curious in the minds of Muchowski and other longtime observers of County government.
Eyster claims to be a Reagan Republican but sometimes his personal behavior toward staff, and opponents in County government and in the courts behind can be mercurial and Trump-like. Eyster’s abrupt firing in 2016 of his popular chief assistant left courthouse insiders gasping.
Since taking office in 2011, Eyster has battled with three County Auditors in a row over office spending, including travel related expenses, office parties under the guise of “training sessions,” and the use of drug-related asset forfeiture funds for routine office expenses.
Cubbison is the latest Auditor to find herself in Eyster’s cross hairs.
Cubbison, a Mendocino County native, was recruited a decade ago by County administrators to work in the Auditor’s Office because of her knowledge of county finances, learned while working as a highly regarded budget analyst for the County’s Department of Transportation.
After Eyster took office, Cubbison earned his ire by questioning his requests for office reimbursements for travel and other expenses.
“He described me as a ‘pain in the ass’,” Cubbison recalled. “As Auditor on behalf of the public, I am supposed to be a pain in the ass.”
Eyster, in an extraordinary escalation of their dispute in 2021 appeared before the Board of Supervisors and publicly attacked Cubbison’s qualifications to be appointed interim auditor after then-Auditor Lloyd Weer decided to retire early. Eyster also publicly supported a board notion to abolish the two elected County positions with oversight of County finances – Auditor and Treasurer – and create a single Department of Finance more closely associated with the County’s executive offices.
The forced consolidation of the two offices, seen as the first step in the board’s disputed plan, was opposed by then Treasurer/Tax Collector Shari Schapmire, senior finance employees including Cubbison, and civic organizations including the Mendocino County Farm Bureau. The Farm Bureau, like Schapmire and others, worried that the board’s action would create chaos, and reduce the “fiduciary checks and balances for the County.”
Schapmire and other county finance veterans have defended Cubbison.
“In my experience directly interacting with Chamise Cubbison, I found her to be competent, meticulous, and dedicated to her duties,” said Schapmire in a recent interview. “That being said, others found her to be abrupt, direct, and often times difficult.”
Cubbison, despite being under fire from the Board and the object of Eyster’s scorn, was elected by county voters in 2022 to lead a combined Auditor/Controller/Treasurer/Tax Collector office. It has been plagued by an exodus of veteran county employees, staff shortages, a troublesome new software program, and other related issues. Board members have piled on, clamoring for financial reports that either have been delayed, or never been done before. They point their fingers at the Auditor’s Office for uncertainty over the county’s true financial status and a few months ago with fanfare asked for a state Controller’s audit amid the turmoil. That audit is still pending.
In the meantime, Eyster stepped up his war with Cubbison, directing his own investigators to further probe Cubbison’s alleged role in a disputed extra pay deal during the Covid pandemic for former County Payroll Manager Paula June Kennedy.
After a year of investigation Eyster decided to accuse both women of felony misappropriation of public funds.
At issue is an estimated $68,000 in overtime pay for Kennedy, an arrangement that Cubbison said was made between Weer, the retired auditor, and Kennedy before she was in charge of the Auditor’s Office. Cubbison in fact put Kennedy on administrative leave, and later dismissed her from her payroll position because the arrangement had not been properly authorized.
Eyster’s criminal complaint suggests Cubbison and Kennedy engaged in some conspiracy. But the Auditor’s attorney, Chris Andrian, said there is no evidence suggesting Cubbison personally benefited financially from the pay arrangement. “The money went for work actually performed. Not one dime went into my client’s pockets,” said Andrian.
Cubbison has said she chose to fight the felony charge the DA filed against her rather than to quietly resign in a misdemeanor deal Eyster offered her before the criminal complaint was even filed on Oct. 13.
“I have done nothing wrong,” said Cubbison.
Cubbison is weathering the storm, buoyed by the growing public support but weighed down by the damage to her reputation.
“It’s a struggle, but I know I have no choice but to defend myself, and my integrity as a professional,” she said recently.
Muchowski said when the board seats became filled with all Democrats, she and other longtime local political activists celebrated. “Finally,” recalled Muchowski.
And things have improved so enormously? At every level of politics, it has become a brainless and pointless intertribal war. The country is fast losing its mind.
Ms. Muchowski must have never heard be careful of what you wish for. This leads me to her organization. Does it plan to support their poster child, Photo-Op Mo, who voted to remove Cubbison? As a matter of fact, all those Democrats that she was so happy to have voted out Cubbison. What a dilemma for Val and her Women’s Caucus. They will now have to decide either to support a woman who voted out another woman, and possibly endorse a man. The spotlight is now shining brightly on the National Women’s Caucus. You can thank that evil Republican DA and your celebrated Democrats.
Now coming to a Political Theater near you!
The Cubbison Caper
The Eyster Sanction
The Bumbling Board’s Baffling Bromides
So…. Whats up at the AVA today?
Did it crash?
Anyways hope all is well.
mm💕
Crashed early this morning, un-crashed about 2pm
Crazy … thanks… glad its back in order…
mm💕
Has anyone asked the sheriff who reported the crime? This might clear up matters.
The County Executive Office and some county supervisors alerted DA Eyster and then the Sheriff’s Office was informed, and asked to investigate. Not satisfied with that outcome, the DA unleashed is own team of investigators on the alleged case.
Some county supervisor’s, I thought Bowtie Ted was having trouble getting financial information. Isn’t this ironic that supervisors were involved, especially since one of the supervisors said in BOS meeting they had nothing to do with charges against Ms. Cubbison. We are being lied to by the people we voted into office. Maybe it’s time to recall some Supervisors. Of course we don’t have to worry about Gump McGourty and Basement Dan, those two cowards have declared they’re not running for re-election.
Mike, to be clear, you’re saying the DA did not like the results of the initial investigation? Sounds like it didn’t match his narrative. Has he done that before?
The DA also offered to reduce Ms. Cubbison’s felony to a misdemeanor if she would resign. I ask you, fellow citizens, if this isn’t a rather flagrant abuse of his authority?
A misdemeanor was offered if she resigned before the DA formally charged with Cubbison with a felony. Resign or get hit with a felony. That seemed to be the tactic. She refused, choosing to fight.
That was the plan, when public shaming of Cubbison backfired, it was DA Dave’s job to remove her. Hopefully Mark’s Brown Act request might shed some light on communications between DA and Supervisors. Mark wrote that the County is ignoring the request. That’s ODD!
Seems that one supervisor decided to ditch any sort of confidentiality as a public official and got bad case of “Leaky Supe” with a Youtuber.
youtube.com/watch?v=_WVK8EF2n9U&t=904s
If the martyr Chamise had any political sense or professional competence, she would have taken to weekly missives about the goings-on in her office, how she was completing her work, what resources her office needed, and most of all, shoving county financial reports up the supervisors arses.
Instead, we got nada. Zip! Nothing but excuses! And when she had the chance to produce exculpatory evidence to the BOS this week, her lawyer puffed and weaved.
I trust and believe that the supervisors carefully considered the facts as they know them before taking this action to remove her. The wild allegations by anonymous commentators that the Supervisors are lying to us is utter paranoiac B.S.
Can we get back to Business now? What does the county budget actually look like? How deeply will we have to cut county services moving forward?
“The wild allegations by anonymous commentators that the Supervisors are lying to us is utter paranoiac B.S.”
How about your full verifiable name, anonymous Shannon? But you’re a shill for the BOS, so I suspect it’s not going to happen.
Btw, if you remove the O from BOS, you’re left with BS. Sounds about right.
Yes, who are you, Shannon? This is a serious public issue. Identify yourself so we can seriously debate your observations . Trashing people anonymously is unfair, and unacceptable.
I believe you talking to me, since I said Supervisors are lying to us. Well, have you watched the BOS meetings. Bow tie Ted has been caught lying to the public. 3 sets of books, asking for reports and saying he did receive any. When Ms. Cubbison said, she has not received any requests, Supervisors sat quietly. No response and proving they asked, I don’t know maybe a email or text. Nothing!!!
Let me now enlighten you. The BOS approved the budget, the budget is posted online. They have access to whatever report they want. Remember Treasurer/Tax Collect.collects the money, Auditor/Controller pays the bills. This separation was demolished when they combined offices.
The Auditor and CEO do have budget discussions, CEO brings budget to Supervisors for approval.
Here is some questions:
1- Why does the BOS never ask Ms. Antle any budget questions?
2- Why is it okay with Supervisors when Ms. Pierce says she cannot sign off on year end close of 21-22, but when Ms. Cubbison won’t sign off., she’s not qualified or stalling?
Here is another fun fact, Carmel took over a lot of departments and put CEO personnel in charge.
Do you think Ms. Antle knows more than she is letting on? She was Carmel’s right hand person.
If you can’t see the obvious, then keep voting for whoever your Supervisor is. In your eyes they’re doing a bang up job.
I suppose it’s true that Ms. Cubbison could have done more to dispute the claims of the Supervisors and delivered more reports to them. Although I doubt it would have made any difference since McGourty and Williams conspicuousy never delivered on their own promise to define what reports they wanted. Ms. Cubbison chose to be fairly reserved and collected in her public presentations rather stooping into petty arguments with the Board, mostly McGourty and Williams, who had no interest in what she may have said, as the other three sat back and let McGourty and Williams yammer on about the Board needing its own Finance Director instead of independent and cross-checked offices. Even if the Board got its way and set up a captive Finance Director, they’d still be left with uncollected revenue, unmanaged department activities and budgets and untracked spending on things like sheriff’s overtime and legal and insurance bills.
Shannon’s concluding question, however — “how deeply will we have to cut county services moving forward?” — is almost exactly the Williams Party Line. Maybe some services will have to be cut. But before they do any cutting they need to consder two options first: 1. Are they doing all they can to collect taxes due? (Obviously not.) 2. Are they considering reducing office hours before wage or staff cuts? (Also no.)
Based on Tuesday’s (as usual abstract) discussion of management cuts, it’s clear that they kinda hope for some senior staffers to randomly quit or retire, which would save some money, yes. But since that approach is random, in some cases will leave small offices with reduced staff with even less experience or competence.
As far as what the county budget actually looks like, “Shannon” could start by reading next Tuesday’s incomplete quarterly budget presentation. (And my rermarks about it, ahem.) Then tell us if it clarifies or muddies?