Former Mendocino County Supervisor Glenn McGourty denies having seen a confidential memo to him from District Attorney David Eyster that is the focus of pending civil and criminal litigation surrounding suspended county Auditor Chamise Cubbison.
A copy of the memo, sent from a private Eyster email account, is on file with Mendocino County Superior Court. It is addressed to McGourty and was written by the DA on Aug. 30, 2021.
McGourty over the weekend insisted he never saw the memo. Court documents show former county CEO Carmel Angelo distributed it to senior staff. They also show that supporting information Eyster attached to the memo was formally included in the packet distributed to the board members for review. The private cover letter to McGourty was not, however.
“Maybe it went to spam,” suggested McGourty about an email he insisted he never saw.
In a follow up Monday to further questions, McGourty said, “I don’t recall seeing it.”
McGourty also denied that he ever had any discussion with Eyster or Angelo prior to the board’s vote Aug. 31, 2021, to block Cubbison’s appointment as interim Auditor.
“I had no discussion with him or Carmel,” said McGourty.
Before the 2021 vote, DA Eyster took the extraordinary step of appearing before county Supervisors and publicly denouncing Cubbison, citing his office’s past run-ins with her over expenses.
Eyster on the top of the memo copied to Angelo told her it was “confidential.”
“I am hoping this becomes public but I only saw it going to GM (Glenn McGourty),” noted Eyster.
Angelo in turn distributed the memo to her top assistant Darcie Antle (now CEO) and Janelle Rau, then the county’s General Services Director.
In his three-page memo addressed to McGourty, Eyster directly asked him to vote no on a recommendation to the board that Cubbison be appointed as interim Auditor. Retiring Auditor Lloyd Weer had recommended the appointment to the board.
After seeking McGourty’s no vote, Eyster then outlined a three-step plan to force the merger of the county’s two key finance offices and eventually eliminate the positions of elected officials who led them. Eyster said a newly created county Department of Finance director could then be put under board control. Voter approval of such a position would be needed but the merger could be ordered by a vote of county supervisors, who later did so.
A San Francisco law firm representing Cubbison has cited the Eyster memo as evidence she was denied due process after county Supervisors quickly suspended her without pay and benefits following the DA charging her with a felony in October 2023.
Attorney Therese Cannata contends the memo shows Eyster and board members colluded as far back as two years earlier to oust Cubbison because of her questioning of the DA’s spending, and her criticism of a board push behind the scenes to consolidate the county’s two top finance offices.
“Unbeknownst to Ms. Cubbison or the general public at that time, Eyster had sent a cover email from his private email account to a board member enclosing the packet (of his office complaints) that became part of the meeting agenda,” stated attorney Cannata in a Jan. 10 court filing.
Last week the disputed memo surfaced as a line of questioning in ongoing criminal proceedings against Cubbison and former Payroll Manager Paula June Kennedy, who are accused by Eyster of felony misappropriation of county funds. Cubbison is alleged to have knowingly allowed Kennedy to collect about $68,000 in extra pay during the Covid pandemic. Cubbison contends the extra pay deal was struck between Kennedy and former Auditor Weer when he was still in charge of the office. Kennedy contends that both Weer and Cubbison were aware of her use of an obscure pay code to collect the extra pay. Kennedy at the time was a salaried employee entitled only to compensatory time off, which she had exhausted.
County supervisors suggested the CEO’s Office uncovered the payments but in fact it was Cubbison who triggered a law enforcement investigation in August 2022. Cubbison then “duly reported” to the County Counsel’s Office that Kennedy intended to quit and sue the county because she had racked up 390 hours of uncompensated time while single handedly putting out a twice month county payroll for 1,200 employees.
Civil attorney Cannata declared that “the District Attorney seized the moment as the personal step in his personal vendetta against Ms. Cubbison by making sure that the investigation pointed” to the elected Auditor.
The preliminary hearing in the criminal case resumes Tuesday morning before Judge Ann Moorman in Superior Court.
Eyster won’t have a job after this. Dirty DA. Supervisors are also dirty for suspending Cubbison without pay. She will win, sue the county and the individual supervisors. Can’t wait.
To: Mendo CEO and BOS
From: Your friend Dave Eyster
Personal & Confidential
MEMO:
Will someone not rid me of this Auditor!”
If other county employees are using the obscure code, will they be investigated?
If this case is thrown out, and it should be, will Eyster be charged with crimes in this case? Or does he just go about his merry way?
Eyster needs to be recalled and pay back the county for his “training sessions”.
I believe him. Gordy showed up at every board meeting as if he had done zero reading, so I don’t know why he would have read that email. He was in a state of terminal befuddlement
It’s pretty obvious that the whole lot of Mendocino County officials are lying through their teeth and covering up one another’s malfeasance.
With a comment like that again they should be ashamed of themselves. Mcgourty goodness gracious that’s a convenient lie and deny tactic. Truly does not matter who read it who choose to open it, who saw it Eyster made absolutely 100% illegal actions that should cost him his BAR certificate.. that the Board of Supervisors is not able to stand up to this blatant ignorance is beyond concerning. At what point are all of them removed from their posts? How do we prevent our judge from being bullied and influenced to agree with Eyster’s shady ways. More of the same. 100% t’s seriously time for change!
I know two attorneys that folded up their law practices in Ukiah because of a corrupt good ole boys network that administered justice for their personal gain.
It’s seems quite coincidental that the trial against Cubbison resumes after McGourty leaves. While I hate conspiracy theories, it could also be that Eyster recuses himself and hands over the case to an outside attorney to buy more time for McGourty’s departure – just in case this memo comes to light.
Wait till they find out that Ed Rooney masterminded the whole thing.
The more I think about it, the more concerning it becomes absolutely concerning. They will nitpick and split the hair over how somebody’s shoe is tied or the way they blinked in a meeting. Yet, at the same time they will do nothing when the Upper Crust managment flat out lie. To consider these are our leaders. Those who are to be sage, thoughtful, preventing waste. Then they proceed to waste money going over the same stuff 100 times with no answer or action. We need good action and function. This sit around collecting big pay with no effort or particularl brain power is why the county is dying.
What concerns me is eliminating elected positions so there is NO independent checks and balances! What a Charlie Foxtrot!