Chamise Cubbison returned quietly to her top county financial office on Wednesday for the first time since she was locked out 17 months ago.
There were no corks popping, or balloons blown up but it was a triumphant return for a veteran county employee who risked a criminal conviction. Cubbison chose to fight felony allegations filed against her by District Attorney David Eyster in October 2022.
“I have returned to the office and look forward to getting back to the important work I was elected by the people to perform,” said Cubbison.
It was Cubbison’s first public statement since criminal charges against her were dismissed on Tuesday by Superior Court Judge Ann Moorman.
Cubbison said she was “proud of what my team of employees accomplished in my absence, and we hope to continue the positive progress.”
Cubbison said she was pleased and grateful for Judge Ann Moorman’s decision to end 17 months of prosecution.
“I thank the court, my legal team, my family, and the community of supporters and interested citizens of Mendocino County,” said Cubbison.
After Eyster acted, and Cubbison was escorted out of her office and suspended without pay or benefits by the Board of Supervisors, the embattled Auditor decided to stand her ground. Cubbison declined the DA’s misdemeanor plea offer in return for her resignation.
On Wednesday, a half dozen county officials including CEO Darcie Antle did not return calls Wednesday inquiring about Cubbison’s official status, and whether she had been formally reinstated now that she is free of criminal charges.
Defense attorney Chris Andrian was the first to confirm that Cubbison had in fact returned to work in her office at the county Administration Center on Low Gap Road in Ukiah.
“I can confirm she went back to work today, where she should have been for the past 17 months,” said Andrian. “I am very happy for her. She is a good person who did no wrong.”
Cubbison by Wednesday evening decided to issue her public statement.
Judge Moorman opened the door for Cubbison’s return to public duty when by tossing out criminal charges a day before, delivering a blow to Eyster, and ending his bid to permanently oust the elected head of the combined county Auditor/Controller and Treasurer/Tax Collector offices.
Eyster had quarreled with Cubbison over his office expenses and publicly denounced two years before charging her in an extraordinary appearance before the Board of Supervisors. Cubbison supporters accused the district attorney of waging a “vendetta” against Cubbison for challenging his office expenses.
Moorman on Tuesday made a scathing indictment of the prosecution case, citing a variety of weaknesses in the felony misappropriation of public funds case.
Eyster targeted Cubbison, and former Payroll Manager Paula June Kennedy in October 2023 in an alleged conspiracy to use an obscure pay code so Kennedy could collect about $68,000 in extra pay over three years during the Covid pandemic.
In her damning assessment, Moorman ripped what she believed to be “willful ignorance” among county officials who testified during a preliminary hearing, the soft investigation of what was an alleged white-collar crime, and the truthfulness of key witnesses including retired county Auditor Lloyd Weer.
CEO Darcie Antle did not respond to inquiries about Cubbison’s status on Wednesday, nor did Cherie Johnson, the county Human Resources manager who testified at the preliminary hearing.
Morin Jacobs, the San Francisco attorney representing county officials in a pending civil litigation Cubbison has against the Board of Supervisors, replied via an automatic email that she was out of the office and unavailable.
Andrian said Cubbison’s return to work does not mean her pending civil litigation is on the back burner.
“We are going to keep the heat on because there was a great injustice here,” said Andrian about the legal efforts. They are enhanced now that the criminal case has been dismissed.
Therese Cannata, Cubbison’s San Francisco attorney, said Tuesday her goal was “immediate reinstatement” of Cubbison.
During the preliminary hearing Antle, other county officials, and investigators testified there was no doubt Kennedy had worked the hours she paid herself for. Investigators said there was no evidence Cubbison personally benefitted from the extra pay.
Sometimes good people prevail. Happy beyond measure.
To the Editor:
The malicious prosecution case against duly elected County Auditor-Treasurer Chamise Cubbison has been dismissed. Culbertson. Now what?
Now, every county actor tainted by the Cubbison affair needs to go.
District Attorney Dave Eyster needs to be sued by Cubbison, and his conduct should be reported to the California Bar Association. CEO Darcie Antle needs to be immediately fired. Supervisors Maureen Mulheren, Ted Williams and John Haschak need to resign or be recalled.
That’s just a start.
Everyone in the County Counsel’s office involved in the Cubbison case needs to go, too.
As a county, we, the people, need to ask: Leading up to Cubbison being charged, who was involved? Who fabricated a case against Cubbison?
And after she was charged, for the next two years as the case wend its way through court, who obstructed justice? Who didn’t respond truthfully to discoveries? Who destroyed or falsified evidence? Who perjured themselves? Who intimidated witnesses?
John Sakowicz
Ukiah