Saturday, February 15, 2025

New evidence highlights alleged vendetta against Mendocino County’s Auditor

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[Stock photo by Matt LaFever]

Attorneys for the County of Mendocino are attempting to block further sworn depositions by key officials about behind-the-scenes events leading to District Attorney David Eyster criminally charging Auditor Chamise Cubbison and her subsequent suspension by the county Board of Supervisors.

Details of the highly politicized background, involving the DA, a board majority, and former and current county executives, are revealed in new court filings related to pending civil litigation filed by Cubbison. 

The disclosures come on eve of a long-awaited preliminary hearing this week in the felony criminal case Eyster filed 16 months ago against Cubbison. The hearing is set to begin on Wednesday before Judge Ann Moorman in Mendocino County Superior Court. Moorman will decide whether the contentious case will go to trial.

DA Eyster’s outsized role in county politics that ensnared Cubbison is the specific focus of recent depositions made under oath by retired Auditor Lloyd Weer and former county Treasurer Shari Schapmire as her companion civil case against the Board of Supervisors moves forward.

Cubbison’s civil attorney Therese Cannata, a top-rated business litigation lawyer in San Francisco, cites a private email from Eyster to former county Supervisor Glenn McGourty in August 2021 as the basis of an alleged collusion.

 “Unbeknownst to Ms. Cubbison or the general public at that time, (DA) Eyster had sent a (confidential) cover email from his private email account to a board member” that outlined a three-step plan to permanently exclude Ms. Cubbison from becoming the county’s Auditor-Controller,” according to Cannata.

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The first step of Eyster’s plan, outlined to Supervisor Glenn McCourty and shared by a former CEO with other board members and administrators, was to block the interim appointment of Cubbison, then consolidate the offices of Auditor-Controller with the Treasurer-Tax Collector position, and ultimately replace those elected positions with a board-appointed Director of Finance who would report directly to county Supervisors. The first two steps were initiated by the board, but the last step went awry when Cubbison was elected by county voters to lead the consolidated offices.

Cannata contends that when the Kennedy extra pay issue came under investigation, prompted by Cubbison’s own report to the County Counsel’s Office and the CEO of a threat of Kennedy litigation over uncompensated time, Eyster “seized the moment.”

It was, declares Cannata, Eyster’s “final step in his personal vendetta against Ms. Cubbison by making sure that the (subsequent) criminal investigation pointed” to her.

Eyster did not respond to a written request Thursday for comments on Cannata’s declaration that is on file with the Mendocino County Superior Court.

The District Attorney’s decision to criminally charge Cubbison in October 2023 led to the Auditor being abruptly escorted from her office by county administrators. Four days later the Board of Supervisors voted to suspend Cubbison without pay and benefits based on Eyster’s filing a felony misappropriation of public funds charges against her and the county’s former Payroll Manager, Paula June Kennedy.

The criminal case has dragged on for 16 months because of legal wrangling over missing county emails, and the possible role of retired Auditor Lloyd Weer in the payments made to Kennedy. Under oath, Weer acknowledges he was aware of the chronic pay issue but he denies giving Kennedy permission to use an obscure county pay code to draw about $68,000 in extra pay over a three-year-period during the Covid pandemic. In turn, Cubbison says Weer and Kennedy struck the pay deal, and she was too swamped by the enforced office consolidation when she took over to closely scrutinized it.

Emerging details of the Cubbison civil case are providing a deeper look into the background of events that has rocked county politics and set the Board of Supervisors on a costly path to resolve the dual Cubbison criminal and civil cases. 

The new court filings describe the roles of Eyster, former county supervisor McGourty, then Board Chair Dan Gjerde, coast Supervisor Ted Williams and other top county administrators played during a tumultuous time that led up to the criminal charging of the embattled auditor. Also cited in the filings are actions by current CEO Darcie Antle and former CEO Carmel Angelo. 

Statements made by Weer and Schapmire under oath so far support allegations that Eyster became deeply engaged in county Supervisors’ controversial efforts to consolidate the county’s two key financial offices: Treasurer-Tax Collector and Auditor-Controller. It was clear to them, according to deposition transcripts, that Eyster was targeting Cubbison for ouster after she challenged his own office pending.

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Schapmire recalled personal calls from supervisors Gjerde and William, among others, lobbying her to agree to take over both offices, an idea the veteran county employee resisted and in protest led to her to retire nine months early.

 “One of the reasons the Auditor-Controller is separate so that they can question other entities, and clearly DA Dave Eyster had an issue with that as well because of a lot of his reimbursements, I think, she (Cubbison) did question,” testified Schapmire.

Schapmire added, “I just wondered why Dave Eyster was so out of his lane. I can’t even imagine me going over and talking about criminal justice issues. 

 Weer during his deposition in December acknowledged that while he was still Auditor his then chief assistant Cubbison was questioning Eyster’s use of public funds “to take his staff and their significant others to a dinner at the Broiler (steakhouse).”

Weer said the DA after being challenged changed his rationale and labeled the annual gatherings “training sessions.” Eyster initially wanted county funds to cover the estimated annual costs of about $2,500 but then after questions were raised, Weer said the DA demanded local “asset forfeiture” funds seized in drugs and other related criminal cases be used to cover expenses. How the seized money is used has long been a source of controversy at local, state, and national levels because of potential abuse.

Weer testified that eventually Eyster convinced former CEO Angelo and the county board to exempt the DA’s office from certain county policy provisions “in order that we didn’t have to go head-to-head against him all the time because he refused to follow the proper policy and procedures.”

“Yeah, I mean, (he) made our job difficult to deal with, you know, and so if the board’s just going to cave and support him, then (supervisors) can change their policy was the thinking,” testified Weer.

Attorney Cannata said the board’s 2023 decision to suspend Cubbison was unlawful because “it was based solely on the charging document filed by the District Attorney without a hearing or inquiry into the allegation of misconduct.”

“Had that hearing taken place, it would have demonstrated that the District Attorney improperly targeted Ms. Cubbison in the investigation and failed to gather and/or preserve exculpatory evidence,” contends Cannata.

Cannata argues in her 14-page brief that the criminal case is part of a broader county conspiracy to oust Cubbison, who along with other senior county financial personnel questioned county supervisors’ forced consolidation of the Auditor and Treasurer’s offices.

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As far back as August 2021 key county officials worked behind closed doors with Eyster to target Cubbison, charges Cannata.

As evidence, Cannata alleges the board attempted to fully implement a confidential three-step plan outlined in a private email from Eyster to then Supervisor McGourty, at the time when the board was poised to act on a recommendation by Weer that Cubbison be appointed his interim successor upon his planned early retirement.

The email dated Aug. 30, 2021, outlines Eyster’s vision to rid the county of Cubbison.

Eyster stated in the email:

“So, what do I think the board should do? First, vote no for Ms. Cubbison’s appointment and/or any promotion.

Second, I would say the time is ripe to reap the advantages of consolidating offices, as was authorized and put in place by the Legislature in 2017.” (The legislative change was put in place in 2006).

Eyster in his private email then advocated that Schapmire should be placed in charge of a single merged office knowing the 40-year veteran county employee was planning to retire at the end of her term in 2022. 

Eyster’s third step advocated that when Schapmire announced her expected retirement, county Supervisors should quickly pursue voter approval of a ballot measure to do away with the elected offices in favor of a “single financial department under the supervision of a highly qualified Director of Finance who would report directly” to the Board of Supervisors. 

Former CEO Carmel Angelo circulated Eyster’s memo among top county staff, including Antle, then Angelo’s top assistant, and Janelle Rau, former director of the county’s General Services Agency.

Eyster’s plan went awry when Schapmire retired early in protest of the enforced consolidation, and her top assistant refused supervisors’ entreaties to seek election as head of the newly combined offices. Instead, to the dismay of the DA and county supervisors, Cubbison ended up in 2022 being elected by voters to oversee the two merged departments struggling to reorganize.

County attorneys in the civil case are arguing that Weer and Schapmire’s testimonies, and others, are unlikely to produce admissible evidence outside the “narrow scope” of whether the Board of Supervisors had the authority to suspend Cubbison without giving her an opportunity to publicly defend herself. The board did it two weeks after the fact and were castigated publicly for their action.

Morin Jacob, the San Francisco attorney who is leading the efforts to shut down the depositions, also sanctioned the Board of Supervisors’ decision in October 2023 to suspend Cubbison without a hearing. 

Jacob in court filings seeking to halt the depositions of Schapmire and Weer contends that whatever information they can provide about the tumult surrounding the enforced consolidation is irrelevant because the only “central issue here is whether the county had the legal authority to suspend” Cubbison. 

“Attempting to introduce evidence to this unrelated topic confuses the scope of this matter, and diverts attention from the primary legal question,” states Jacob.

Jacob also argues to the court that the continued depositions of Weer and Schapmire will be “unduly burdensome, costly, and intrusive with no likelihood of discovery of admissible evidence.” 

Their further disclosures also could be “embarrassing,” states Jacob.

“The real motive for the deposition is clear. Petitioner (Cubbison) has been charged with a felony, and she would like to blur the lines between the issues in the criminal matter” and the pending civil case, contends Jacob.

Cannata, however, said she believes the court, and the public, are entitled to know the full extent of the alleged collusion among DA Eyster, board members and county administrators that led to the disputed finance office merger, and the subsequent criminal case and suspension of a duly elected county auditor.

Cannata said when the disputed pay issue emerged, DA Eyster “masterfully controlled the investigation and complaint process to wrongfully target Ms. Cubbison as the wrongdoer.”

As a result, Cannata said the “cause” cited by board members for Cubbison’s removal from office was “based solely on the charging document filed by the District Attorney without a hearing or inquiry into the allegation of misconduct.”

Weer, as he has from the beginning of the Cubbison case, declined to be interviewed about his statements given under oath during his deposition.

 Brian Momsen, his attorney, said this week his client “didn’t bring the motion for a protective order to stop his deposition, the county attorneys brought it.” 

Weer “will abide by whatever ruling the Court makes on the motion,” said Momsen.

Jacob’s office said the San Francisco attorney was “out of the office for a case” and unavailable to respond. Jacob associate Madeline Cline (no relation to the county supervisor of the same name) did not respond to a written request for comment.

 Judge Moorman, who is presiding over both the Cubbison criminal and civil cases, is expected to hear arguments about the disputed depositions when the criminal preliminary hearing is concluded.

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32 COMMENTS

  1. If you read the press release at the time, which is clearly written by Ted Williams, it was obvious that he was very proud of himself and kind of took credit for the whole thing. I think its pretty obvious now why Glenn and Dan decided to get the hell out of dodge before the whole thing collapsed

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  2. Matt,

    Thank you for staying on this complicated story. This is fine journalism- shining a light on secret dealings among public officials and forcing some accountability.

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  3. Contemporary justice at its finest – a feeding frenzy for the lawyers.
    And a sad comment on the incestuous state of our local government.

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  4. Walks and Quacks like a conspiracy… Looks to me that the big fish in a little pond over went out of his lane. All conspirators should face criminal liability for violation of their oath of office, etc.

  5. Nasty dirty laundry politics! I think the judge should hear all these officials depositions under oath. Sounds like the rats are hiding behind their attorneys. I hope this is blown wide open for the taxpayers are the ones getting cheated!

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  6. Incredible. Eyster and the BOS are going to cost the County a fortune in what it will cost to settle with Cubbison. Eyster should have his law license revoked. They not only colluded to create this false story, but went against the will of the people who had elected Cubbison.

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  7. All of this nefarious complication over who pays for The Broiler celebratory dinners? And why did the supes get so involved over what appears to be personal vengeance?

  8. Eyster is by far one of the biggest criminals in our county and definitely needed to go a long time ago but he and his other little buddies in the system like to profit off the cases they fix and throw. Including falsification of testimony and policy reports… they need to go …

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    • The defense attorneys need to refer this case to the DOJ for investigation and RICO charges. That DA is running a huge criminal operation.

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  9. we got a rule in this county, and that is don’t question Daddy about what he does with the brown bag money. unfortunitly Ms Cubbison broke that rule, so daddy’s number 1# fav curly-haird big boy had to exact some revenge and ruin her life

    • Exactly the part: ruined her life. Cubbison is a brave hero for finally standing up to the bull’s crap. Scapegoat no more!!

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  10. I reckon there are corrupt Counties everywhere, but none more so than Mendocino. Time for the voters to take their responsibilities as voters more seriously and elect serious people to the Board.

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  11. Thank goodness that we have Mendofever and reporter Mike Geniella to speak truth to power.
    Providing a clear and direct timeline regarding the powerful Mendocino County District Attorney.
    The cost and settlement Mendocino County will and is going to pay will be staggering. Afterwards the settlement money will be taken out of every budget our county funds. Shame on the District Attorney

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  12. Everyone knew DA and Angelo was behind it with Sups. Now they have written evidence. They wanted the department of finance so they could control who would question the spending. They set about smear campaign to discredit everyone. The DOF department head would report to CEO and Sups so they can cover up anything with their spending by the simple fact that person owes them their job and would be answerable to them. This is the reason to have elected Auditors.
    They should not have charged the Auditor, past or then elected.
    The payroll manager is a different story, she knew better, she is not special or different than other hardworking managers. It was her primary function to know employee contracts and pay and enforce them so she knew she was not entitled to this pay and took it anyway. She should repay the funds in a restitution program.
    The County denied Cubbison due process when they put her in admin leave. As part of settlement they should publicly apologize to her.
    Dismiss Cubbison case, lack of evidence that her or Weer approved pay.
    Pay out Cubbison in her civil case.
    Make Kennedy repay via restitution and lesson learned.
    Done!

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      • All mangers worked free overtime pre-covid, during covid, and post covid. They are not entitled to overtime under their mou’s, Most managers have had to work long hours and weekends, for great lengths of time to push through projects, she is no exception to having to work more than 40 hours per week for extended periods.

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  13. Mr. Steak Dinners On The Public’s Dime colluded with the executive office and the board chair to oust the lady who said no to Super Chicken’s Steak Sauce Soirée. Just like I said from the beginning. Cubbison was completely incompetent and couldn’t produce a budget even two years after the deadline, leaving the supervisors with little idea about how much money there was to spend. Eyster knew this was a problem but he didn’t care until he wanted extra juicy steaks at our expense and the lady with the purse said no. What a clown.

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  14. So no one supported Cubbison when she questioned a non covered expense? And not one person questioned the DAs override of another offices power to keep spending of tax payers money from being misused? The very beginning of this whole case goes back to Cubbison doing her job & the DA telling her not to. DA stands for District Attorney. Turning in expenses that are not covered expenditures then telling another office to put under an account code of training… I am pretty sure is against the law. Yet that is what he accuses Cubbison of doing?? Twisted!

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