A newly filed court writ seeks the immediate reinstatement of suspended Mendocino County Auditor Chamise Cubbison, and payment of all lost pay and benefits since her October ouster by the county Board of Supervisors.
County supervisors are accused of committing an “unlawful abuse of power,” and a violation of the elected Auditor’s right to due process. The petition for a petition for a writ of mandate was filed with the Mendocino County Superior Court and demands that Cubbison be returned to her job one day after any ruling.
Therese Cannata, a noted San Francisco labor law attorney, submitted the writ on Cubbison’s behalf. It names the County of Mendocino, the Board of Supervisors, and 20 unidentified individuals. It claims Cubbison’s personal and professional reputation has been damaged by the board action, and in addition to back pay and benefits she is entitled to “all interest due to her at the legal rate” and “other and further relief as the court deems proper.”
Cannata’s civil action stirs more public controversy swirling around the board’s decision to oust an elected official after criminal charges were filed Oct. 13 against Cubbison by District Attorney David Eyster. At issue is whether Eyster can fairly prosecute a fellow elected official given their past political run-ins over his spending of public asset forfeiture funds, and reimbursement requests for travel-related expenses. Now the situation appears to be further complicated because of the possibility the DA could be summoned as a witness if civil action is pursued against the county and the Board of Supervisors.
Chris Andrian, Cubbison’s defense attorney, said the new filing is one more reason why Eyster should voluntarily step aside and allow the criminal case to be independently reviewed for possible prosecution. Andrian will appear Tuesday before Mendocino County Judge Keith Faulder to formally argue for the DA’s recusal if Eyster doesn’t act before then. Depending on the outcome, Cubbison and co-defendant Paula June Kennedy may finally be able to enter expected not guilty pleas to a single felony charge of misappropriation of public funds each face. Their plea entries have been delayed since October because of legal wrangling over the DA’s role in the case.
Kennedy is accused of receiving $68,100 in extra pay by using an obscure payroll code during the period from 2019 to 2022. There appears to be no arguments whether work was performed for the extra earnings, and or if Cubbison did not personally benefit. Who authorized the payments, however, is in dispute. Cubbison contends it was the result of a deal reached between Kennedy and now retired Auditor Lloyd Weer. DA Eyster, however, claims Kennedy and Weer blamed Cubbison when sheriff investigators questioned them.
No matter argued attorney Therese Cannata in the new civil action.
Cannata said county supervisors erred when they relied on a state government code cited by an outside county legal adviser as grounds to suspend Cubbison. The board acted four days after she was criminally charged in an Eyster-filed complaint that cites no specifics.
Cubbison was summarily locked out of her office and escorted from the county administrative complex by Darcie Antle, county executive office, and the director of the county Human Resources department. The board acted to suspend Cubbison after agreeing to an off agenda item for its regularly scheduled Oct. 17 meeting.
Attorney Cannata that as a result Cubbison’s reputation “has been damaged and the citizens of Mendocino County have been unlawfully and summarily denied the right, without cause, to have their duly elected Auditor-Controller and Treasurer-Tax Collector serve in office.”
Cannata is the managing partner of the law firm of Cannata O’Toole & Olson. She specializes in representing management level public employees statewide. Cannata has been ranked among ‘super lawyers’ by her peers.
Cannata said a court order for Cubbison’s immediate reinstatement is necessary because she has no other “plain, speedy, and adequate remedy.”
Cannata is especially critical of the Board of Supervisors, the District Attorney, and others involved in a mushrooming local political drama that now involves civil and criminal actions. It sets the stage for possibly prolonged and costly litigation at taxpayers’ expense.
Of primary concern for Cannata is the board’s reliance on government code section 27120 to justify its locally unprecedented removal of an elected official. Board members have blamed Cubbison for delays in financial reporting after they forced a consolidation of the county’s two independent financial oversight offices. The consolidation was opposed by Cubbison and other senior county officials, and local civic groups, all of whom warned of chaos that was sure to follow. Nevertheless, county supervisors, with the public support of DA Eyster, forged ahead in hopes the consolidation would lead the creation of a new county Department of Finance more closely aligned with the board and county administrators.
Cannata said the board’s reliance on the disputed state code section was faulty despite being recommended by the county’s outside legal firm of Liebert Cassidy Whitmore, also of San Francisco.
Specifically, Cannata said in the Cubbison case, the state code is “inapplicable because it does not apply to the merged positions” that she was elected in 2022 to hold. The code only cites an elected county treasurer. The board has no legislative authority to suspend Cubbison since the alleged wrongdoing occurred in the Auditor’s Office, argued Cannata.
Cannata said of equal importance are serious issues involving proper notice and due process for elected county officials.
Simply put, said Cannata, “The Board of Supervisors cannot suspend or remove a duly elected official … without notice or due process.”
Cannata also takes issue with DA Eyster’s criminal complaint against Cubbison, and how the board relied on that for justification of their decision to suspend the Auditor without notice.
“The importance of an established procedure is demonstrated by the criminal complaint, which is silent on any facts supporting the violation,” said Cannata.
Cannata said, “It is impossible to tell from the criminal complaint exactly what facts (Cubbison) is charged with that may tie to her official duty.”
Further, Cubbison’s co-defendant Kennedy for most of that time she received extra pay was “under the direction and authority of the prior-elected Auditor-Controller Lloyd Weer.”
Cannata noted that Weer is “curiously not referenced in the criminal complaint.”
Cubbison did not assume her elected role as head of the two departments until January 3, 2023, after the alleged illegal payments were made, said Cannata.
Cannata also noted that DA Eyster’s criminal complaint against Cubbison is “devoid of any factors or alleged conduct supporting the charge.”
“No meaningful evidentiary hearing – either pre-suspension or post-suspension – was held (by the Board of Supervisors) on the merits of the allegations in the criminal complaint,” said Cannata.
Cannata argued in conclusion that the board’s “lack of legal authority to suspend petitioner without pay coupled with a lack of a meaningful hearing on the sufficiency of the allegations at issue to warrant the removal of an elected official is both an unlawful abuse of power” by the county board and a violation of Cubbison’s right to due process.
It is unclear when Cannata’s petition for Cubbison’s immediate reinstatement will be heard, and before what judge.
Cubbison had about 500 days to complete crucial Audit work, that was accomplished by her replacement in about 30 days.
Me thinks she doth protest too much…
Probably because most of the work was already done before she was removed. Keep trying to make excuses, this Board is facing some serious legal issues and more loss of reputation.
Exactly.
Sez the anti-vax, anti-science, anti-social Supe candidate Carrie… who can’t seem to hold a job herself
This pro-choice, freedom loving, choosing to spend my time following all County business to help inform our community of the dysfunction that is our County is by choice.
This prejudice label is outdated. Don’t you have anything of actual relevance to the Supervisor position?
I’m sure she doesn’t have anything relevant. Typical of the apologists for the current bunch, no salient points to make. Ad hominem attacks are all they’ve got.
Oxymoron?
RE: Shannon DECEMBER 19, 2023
Sez the anti-vax, anti-science,..
—> February 21, 2021
…declarations that circumstances exist justifying the authorization of emergency use of unapproved products, the FDA may issue an EUA to allow unapproved medical products or unapproved uses of approved medical products to be used in an emergency to diagnose, treat, or prevent COVID-19 when there are no adequate, approved, and available alternatives.
The issuance of an EUA is different than an FDA approval (licensure) of a vaccine, in that a vaccine available under an EUA is not approved. In determining whether to issue an EUA for a product, the FDA evaluates the available evidence to determine whether the product may be effective and also assesses any known or potential risks and any known or potential benefits.
https://www.fda.gov/news-events/press-announcements/fda-issues-emergency-use-authorization-third-covid-19-vaccine
A new study published in the Journal of Medical Ethics found that unvaccinated people were unfairly scapegoated during the pandemic.
Marmon
While I feel sorry for Cubbison being fired without due process, we don’t have an elected auditor anymore? What about some checks and balances? Yer all so f’ing corrupt why not consolidate the elected Sheriff, Supervisors, and DA under the CEO as well?
I wouldn’t give a cup of warm spit for the whole bunch of them. CEO, DA and BoS. This is just another example of Mendocino County’s default policy of Ready, Fire, Aim.
It’s gonna be a world of litigation. Gonna cost the County a huge wad of money. And in the end game, tarnish the reputations of all — DA, CEO, BoS — involved.
They — each and all — should resign in the disgrace they have so rightfully brought upon themselves.
And yet:
Ed note: Edmundson was Williams’ campaign manager when he first ran for office in 2020.
— AVA Letters, July 20, 2023.
There is no proof of that. What exactly has Sarah Pierce done. If your proof the an audit was finished that’s been going on prior to Ms. Pierce.
She found some outside accounts, that had already had been made public, but presented as something fishy going, then had to quietly admit these accounts are legitimate.
Haven’t heard from Ms. Pierce in BOS meetings, it seems BOS has forgotten budget issues. Everything BOS asked Cubbison for could have been retrieved by CEO’s Office. How do we know? The completed audit mentions this as they described duties of CEO Office. By the way, Ms. Pierce was part of this office before taking over the combined offices.
It seems you have some inside info, please share. Wait a minute, is this Bowtie Ted appearing as Shannon?
It would be unlike Ted to post BS talking points that are void credibility.
Really! He has posted lies regularly. Bowtie are you now using Jane Doe along with Shannon. I notice you don’t deny or answer that question. Well, here is another. Are you Jane Doe too? By the way, what did I say that is void of credibility. Everything I said is the truth, the only BS written in these threads is the comment, it would be unlike Ted to post BS.
I may have mistook your statement, now that I read it again. You’re being humorous.
I apologize but I still want Bowtie to answer if he is Shannon.
Ted has an alibi. As Shannon posted I could see Ted actively engaged in conversation or deliberation re BOS meeting agenda items.
The Acting auditor has produced county financials and speaks at every board meeting with a budget update, since they appointed her…
Unfortunately the ‘Acting auditor’ may have been appointed with misplaced legal authority, for ‘county financials’ ‘budget updates’, which may have to be recalled for review to meet a legal standard, if the data is provided thru the actions of the ‘Acting auditor’, instead of represented as a compilation of the CEO office staff.
Hence she’s part of the CEO’s office that should have been giving the Board updates all along. The question was asked and ignored previously, is this Ted?
Did it look like Ted was posting online as you sat yards away from him today?
He could have been. He was looking down pretty frequently today.
The “acting auditor” is not an independently elected official. You can make love to those budgets all you want. It just wreaks of ignorance (and a lot of arrogance). There are accounting laws, election laws, and labor laws.
RE: THE ONLY ENDORSEMENT BRUCE ANDERSON GOT RIGHT.
U.S. STEEL SALE: Democratic Sen. John Fetterman harshly criticized the sale on Monday of Pittsburgh-based U.S. Steel for $14.9 billion to Japan’s Nippon Steel as “absolutely outrageous,” joining Republicans in attacking the deal.
Marmon
I think Fetterman may be coming out of the stroke-induced fog he could have suffered from. I heard him speak recently, and he’s sounding much better.
Now, if he could just dress appropriately for his job.
As to the Chamise Cubbison debacle, all who took part in this sneezy, likely illegal dismissal should pay a heavy political price if the facts presented by Ms. Cubbison and her Council are accurate. But where and why is Lloyd Weer missing?
Happy Christmas and Merry Holidays,
Laz
To answer your last question, using excerpt from above article:
“Who authorized the payments, however, is in dispute. Cubbison contends it was the result of a deal reached between Kennedy and now retired Auditor Lloyd Weer. DA Eyster, however, claims Kennedy and Weer blamed Cubbison when sheriff investigators questioned them.”
Thank you.
But I suppose my point is, if it were me and I was not involved in some way, I would be intensely professing my lack of involvement in this profoundly political assassination campaign.
Be well,
Laz
I attended a Christmas Party out in Potter Valley last weekend and the only candidate signs I saw were Carrie Shattuck and that other gal. I didn’t see a single Mockel sign. Mockel’s dad works for the Schraeders who operate out of Potter Valley (Van Arsdale)
Lake Van Arsdale, also known as Van Arsdale Reservoir, is a reservoir on the Eel River in California, part of the Potter Valley Project.
Marmon