When suspended Mendocino County Auditor Chamise Cubbison appears in court on Tuesday to enter an expected not guilty plea to a felony charge of misappropriation of public funds, it is not just her handling of internal money matters that will be center stage.
District Attorney David Eyster’s alleged misuse of public funds regarding staff dinners and travel expenses is also under intense scrutiny, emerging as a key element in legal efforts to bar the DA from personally prosecuting another elected official that he has battled with for years over office spending.
Mendocino County Superior Court Judge Keith Faulder will hear arguments Tuesday to recuse Eyster from prosecution of the suspended Auditor. Cubbison and co-defendant Paula June Kennedy, the county’s former payroll manager, are finally expected to enter pleas to the charges the DA has leveled against them. Their plea entries have been delayed since October because of wrangling over Eyster’s role in Cubbison’s prosecution.
In a new court filing Friday, Cubbison attorney Chris Andrian argued that “Mr. Eyster’s retaliatory behavior toward Ms. Cubbison clearly demonstrates that he has an axe to grind with her,” and that he is attempting to prosecute the Auditor for “the same misuse of public funds she alleged of him.”
For Andrian, a noted Sonoma County defense attorney, the filing was a stinging rebuke to the state Attorney General’s announced decision this past Tuesday not to intervene in the case. The AG’s San Francisco office issued an opinion that it found “no actual proof” of conflict on Eyster’s part and that the DA has not subjected Cubbison to “unfair treatment.”
Andrian said he will ask Faulder, who has the final decision, to formally recuse Eyster at Tuesday’s scheduled court hearing from prosecuting the criminal case.
Andrian said there in fact is evidence of Eyster’s conflict of interest based on his “prior treatment of Ms. Cubbison,” and his “retaliatory decision to prosecute Ms. Cubbison for the same misuse of public funds she alleged of him.”
Specifically, Andrian cited the DA’s demand of Cubbison in 2018 and 2019 to use public asset forfeiture funds to cover staff dinners at the Broiler Steak House for dozens of employees, and their guests. Eyster labeled the dinners “End of Year Staff Workshop and Continuing Education.” Cubbison questioned the public picking up the $2,400 tab for all dinner guests at a so-called office training workshop and said at best the county should only reimburse for actual costs associated with DA employees.
Andrian also cited the time Cubbison drew attention to the DA’s alleged personal use of county funds when she challenged the validity of his reimbursement claim for the travel expenses of a deputy prosecutor, and her live-in partner that included hotel, air fare and conference costs and totaled in excess of $1,000.
“In response to Ms. Cubbison’s shining a light on his misuse of public funds, Mr. Eyster began a campaign against Ms. Cubbison and her job, culminating in the filing of a criminal complaint against Ms. Cubbison alleging the very same misuse of public funds.”
Andrian said Eyster’s behavior toward Cubbison “goes beyond creating a perception of improper influence.”
“He took action against her after she refused to bend to his will and accept his reimbursement claims,” charged Andrian.
Andrian said Eyster needs to be removed as prosecutor, and the Cubbison case independently reviewed and judged on its own merits.
Eyster has engaged in running disputes with the Auditor’s Office since 2011 when he took office. In 2021, he took the extraordinary step of publicly denouncing Cubbison when she was up for appointment as acting Auditor because of the early retirement of then Auditor Lloyd Weer. The DA told the Board of Supervisors she was unqualified, and that he favored a board plan to force a controversial consolidation of the county’s two independent financial review offices – Auditor/Controller and Treasurer/Tax Collector – in hopes of eventually creating a new Department of Finance more closely aligned with board offices and the County Executive Office.
Cubbison, a 16-year veteran county employee, in 2022 was elected by county voters to lead the newly consolidated offices, to the chagrin of Eyster and county board members who had publicly questioned her abilities.
New court filings show that in September 2022 county CEO Darcie Antle and County Counsel Christian Curtis called Eyster and outlined their suspicions about the extra pay made to Kennedy beginning three years earlier. A sheriff’s investigation was launched but it was more than a year before Eyster chose to file felony charges against Cubbison and Kennedy. Before he acted, the DA offered to file only a misdemeanor charge against Cubbison if she resigned as Auditor.
Cubbison chose to fight the accusations, contending she did not personally benefit from the extra pay. Attorney Andrian said there is no doubt the pay was for work Kennedy completed under difficult circumstances during the pandemic. “My client did not receive one penny of the money paid out,” said Andrian.
“Can there be any doubt that District Attorney Eyster has an axe to grind against defendant Cubbison?” argued Andrian in his submitted written argument to Judge Faulder.
Eyster, in a declaration filed within two hours of last week’s AG opinion, outlined for the first time his criminal case against the Auditor, and the county’s former payroll manager.
The DA accused Cubbison of using an obscure county pay code to allow Kennedy to collect $68,100 in extra salary for work done during the Covid pandemic. Eyster claims the code was used in hopes of not drawing attention of county administrators or the board, neither of whom had authorized the extra pay.
Cubbison claims the extra pay deal was reached between retired Auditor Weer and Kennedy before she won election to be his successor. Eyster counters in his declaration that Weer and Kennedy in statements given to investigators deny they engaged in the extra pay ‘scheme,’ and that it was Cubbison who solely allowed the unauthorized payments.
Cubbison and attorney Andrian contend what is really behind the high-profile criminal case is a vendetta waged by Eyster after she repeatedly questioned his office’s spending. The DA has tangled with three different Auditors over spending-related issues since he took office in January 2011.
Cubbison, when acting as Assistant County Auditor, took her ongoing concerns about the DA’s spending practices to a San Francisco law firm hired by the county Board of Supervisors for advice on internal issues.
In February 2020 Cubbison warned Morin Jacob, managing partner of the Liebert Cassidy Whitmore law firm that long-standing issues with Eyster were becoming more contentious. It was clear in Cubbison’s detailed letter to the firm that she was seeking advice on how to deal with a DA that had waged a decade long battle with the Auditor’s Office over use of asset forfeiture funds, travel reimbursements, and now a so-called evening training session for staff and their guests at the iconic local steak house.
Jacob’s response lacked the clarity that Cubbison sought, so she wrote again. Cubbison again noted discrepancies between the legal advice offered and existing county policies. Cubbison received no response from attorney Jacob to her follow-up.
Instead, a few months later, the Board of Supervisors suddenly amended county travel policies to specifically exempt the DA from usual procedures and changed the authorities of the Auditor’s Office. Cubbison said as a result the county is likely no longer in conformity with federal IRS requirements “as they relate to the DA’s Office travel.”
The Cubbison criminal case has triggered a public uproar, promising a lengthy and costly legal struggle for taxpayers if it goes to trial. The Board of Supervisors also faces a potential legal challenge to its arbitrary suspension of Cubbison without pay before she was even allowed to publicly speak in her defense.
Cubbison was locked out of her office after Eyster filed his criminal charges and was personally escorted out of the county’s buildings by CEO Antle and Human Resources Director William Schurtz, according to internal documents. A few days later, the board voted to suspend her without pay before she or her attorney had a chance to offer any public explanation.
“Eyster counters in his declaration that Weer and Kennedy in statements given to investigators deny they engaged in the extra pay ‘scheme,’ and that it was Cubbison who solely allowed the unauthorized payments.”
Kennedy received the money, Eyster isn’t making any sense.
Agreed,,,if anything cubbison only authorized the pay Which it sounds like We’re authorized it ,,yet Kennedy received the money but Eyster takes a statement denying any involvement in said pay scheme ” as truth from week and kennedy ,,,bunch of BS …
Cubbison: Um excuse me sir, you are misappropriating funds a little bit, maybe the public should only cover half your dinner party.
Eyster: Witch! Felon! Whore!
If Kennedy’s defense is that it was for work during the pandemic then pay attention to the dates. This started in 2019. Covid started in 2020. This is pure entitlement on her part. Kennedy is no victim.
Sorry but Covid did start in December of 2019.
Wrong “Porter”, shutdown in March 2020 so no impact to county employees until then as far as extra work from Covid shutdown doesn’t hold water for 2019.
All I mentioned was that Covid started in December 2019 Which is correct. I did not state anything about impact.
Covid only started affecting employers, including the county gov’ts, in March of 2020. Stay within the context of the topic. Kennedy making this a pandemic issue is misleading and deceitful.
The county offices were impacted prior to March 2020. While not shut down measures were taken.
If you make a claim, then you need to reinforce your claim with facts of the chronology of the events happening prior to March 2020. Otherwise, don’t bother wasting text space.
The pay was for a period of time during the pandemic, not one day or one week in late 2019. Stop your childish bickering.
When are the right people going to step forward and charge Eyster for failure to prosecute the true perpetrators in Mendocino County. Let’s start with Ukiah Police Departments former Chief Noble W. And while I’m at it, how does the public feel about the suffering victims of these uncharged perpetrators? My response is just another example of the disservice being handled by a public official, who is not charging the true criminals in our County.
What about all the law enforcement stuff that was in the news forever?? What happened to that? Did the DA pay for that to be silenced? Or did he just let his buddies go. Pay them their retirement early and send them on their way. Between Willits and ukiah it was/is a joke.
Unfortunately, Mr. Geniella has crossed the line from reporter to advocate in his coverage of this issue. We would best be served if someone else took over this story, to hope for unbiased reportage on the situation.
Proper accounting by the county government is a big problem. Mr Eyster’s alleged misuse is a tiny fraction of the problem.
EYSTER has yet to prosecute anyone in any kind of position. So he needs to go! But be a civilian and get a speeding ticket the book gets thrown at you. Sorry not sorry!
Eyster needs to be recalled
Problem is no one ever runs against him for the position of DA. Look back in our last election cycle he ran unopposed.
Same can be said about the Assessor, Sheriff, and Auditor/Tax Collector’s Office. The public rarely if ever runs alternative candidates seriously against incumbents in any of these ‘elected’ offices.
I appreciate this kind of reporting. I do think this chain of events could have been better handled by our county supervisors. IMhO; I also think it would be appropriate to talk DA Eyster off this case. ?? … My Two Cents
There is good information for the public in this article. When did the BOS amend the county travel policies?
There just covering up the fact they are the ones who are who are unlawful and liars all of them the grand jury ignores public testimony and protects the corrupt officials it seems to me there acting all this out because of a BIGGER PROBLEM. It’s all lies if the public is dumb enough to believe it, let them be fools.
Eyster is the biggest criminal in Mendocino county! No surprise there! He is a gun toting a FELON already too, I believe! He should be put in jail…… PLEASE PLEASE mainline his ass too! Justice will be done then I’m sure of it?
Eyster’s corruption knows no bounds. He is just another in a long line of corrupt and/or incompetent County officials we have been subjected to. It’s embarrassing. We deserve better. Chamise Cubbison, on the other hand, is one of the good ones. This is why Mendocino County doesn’t get nice things, we don’t deserve it.
I am new to the area (8 yrs) every voting opportunity I take it, and do my best to learn about each person running. You gotta that right hardly ever are these positions ran with opposition. Stinks, you know what jumps out, Cubbison said Antle told her before she “won” that this was required (paraphrasing) of her to fulfill this deal. Mmmmm.
Eyster has had one too many steaks on the public’s dime; but he does have a point. $68k is an overpayment for that “work”which is really rather easy to complete. I’d like to see an explanation of what she actually did for that money. It’s not the back breaking work that most of us are doing. I knew Kennedy personally. She married my Mom. She is ambitious yet honest yet opportunistic in nature. She made a mistake accepting that “work”and Cubbison should have known better than to authorize it under some obscure name. I’m thinking this is probably not the first time she’s done that either. Just the first time getting caught.
I think there is a huge corruption problem with asset forfeiture. We definitely need to have grand jury look into DA’s office. I’m absolutely opposed to asset forfeitures and the incentives it creates for LE and DAs office to handle those funds. Asset forfeiture is often nothing but legal theft by corrupt bullies. If we don’t outlaw it altogether and instead impose fines after convictions, all such funds should be earmarked only for funding outreach programs or maintenance of public property such as parks.
Eyster the shyster