Through the tumult of the last two years surrounding District Attorney David Eyster’s failed effort to prosecute county Auditor Chamise Cubbison there remains a constant.
Eyster continues to host steak house banquets for employees and their guests, violating county policies under the guise of labeling them “Continuing Education Staff Workshop Annual Debriefing” and tapping into a controversial asset forfeiture program to cover this year’s $3,600 one-night stand.
Internal documents obtained under California’s Public Records Act show County CEO Darcie Antle, a prime prosecution witness in the felony criminal case the DA filed against Cubbison, “pre-approved” Eyster’s most recent claim. Records show it was paid Feb. 13 a week before the banquet was held.
The payment to the Broiler Steak House in Redwood Valley was from a county budget account designated for the DA’s slice of annual asset forfeiture funds. Under asset forfeiture, local, state, and federal agencies can seize property, including cash, vehicles, or real estate, which is believed to be involved in or obtained through illegal activity, even without criminal conviction. In 2023, $376,776 from the program flowed into county law enforcement agencies, according to a state Department of Justice annual report.
The documents reveal Eyster submitted his latest claim three weeks before this year’s banquet using a secondary label: “Staff Workshop and Continuing Education.”
Asset forfeiture regulations allow use of seized funds for law enforcement training. Eyster claims the dinners are continuing education for his employees. However, he has been challenged by the Auditor’s Office in the past because non-employees were guests, and did not receive any “training.”
DA Eyster and CEO Antle did not respond to written questions about whether non-employees attended this year’s banquet, as in the past, or how the dinners meet asset forfeiture spending standards.
The California District Attorneys Association did not respond to written requests for how asset forfeiture funds are managed, and whether Eyster’s use conforms to statewide standards. However, a representative of a District Attorney Office that is considered a model statewide said the Eyster-style banquets would “never be allowed.”
The dinners are symbolic of DA Eyster’s past wrangling with the Auditor’s Office about office spending practices, including disputed travel expenses. Eyster has sought and was granted exemptions by the CEO’s office for travel-related requirements, but the county policy banning staff parties is still in effect. Since taking office in 2011, the DA has quarreled with three Auditors, including Cubbison.
The most recent banquet was held as the criminal case Eyster filed against Cubbison, a fellow elected official, was grinding to a halt in Mendocino County Superior Court after 17 months of a costly legal tug of war. The case was tossed by presiding Superior Court Judge Ann Moorman, setting the stage for substantial damages if Cubbison succeeds in a pending civil lawsuit accusing the Board of Supervisors of denying due process. Four days after Eyster in October 2023 filed a felony criminal charge against Cubbison, board members suspended her without pay or benefits or the opportunity to defend herself.
A few months later after initially resisting calls for his recusal from the case, Eyster hired an outside prosecutor at the rate of $400 per hour to take it through court hearings.by Cubbison was forced to hire a private attorney, while a county public defender was appointed to represent Paula June Kennedy, the county’s former payroll manager who was accused by Eyster of paying herself an extra $68,000 over a three-year period during the Covid pandemic. Both women, veteran county employees, were charged by the DA with felony misappropriation of public funds.
Key prosecution testimony during the preliminary hearing was given by top county officials, past and present, including Antle, retired Auditor Lloyd Weer, and Human Resources Director Cherie Johnson.
Judge Moorman, in explaining her reasoning for dismissing the high-profile case, ripped the witnesses for displaying “willful ignorance” in the courtroom. Moorman found no criminal intent had been shown by Cubbison or Kennedy. In fact, Moorman found Cubbison functioned as a “whistleblower” by informing the County Counsel’s Office of a Kennedy threat to sue the county for excess hours in meeting twice-monthly payroll demands of 1,400 county employees.
The day after Moorman’s dismissal of the case, Cubbison returned to her elected office at the county Administration Center.
DA Eyster regularly posts on social media about court results, but he has never commented publicly about the Cubbison case and its eventual dismissal.
Records show that five days before Moorman’s ruling to dismiss, Eyster greeted seventy-two guests at the latest banquet, most employees of the District Attorney’s Office, spouses, and other guests as usual were included. The DA’s Office was charged $50 per person.
Cubbison ran afoul of Eyster when she began to challenge DA office expenses including the annual dinner. “Are you going to get some training?” became an office quip in the days leading up to the banquet. Cubbison also questioned travel related claims, which so angered Eyster that he went around the Auditor and secured exemptions from the CEO’s Office that continue.
When former Auditor Weer retired in late 2021, he moved to name Cubbison as interim Auditor but Eyster appeared before the Board of Supervisors and successfully blocked her appointment. The DA followed that up with a secret plan emailed privately to a county Supervisor on how to block any Cubbison promotion, and outlining a way for the board to use a state law to force the merger of the county’s two top finance offices into one. Eventually, the Eyster plan called for a new Department of Finance to be created, with voter approval, and placed under control of the board and CEO’s office.
The board forced the proposed merger, but only one candidate – Cubbison – surfaced to be elected to lead the merged Auditor/Controller/Treasurer/Tax Collector offices.
However, within four months of Cubbison being sworn in, CEO Antle sought a sheriff’s office investigation into the Kennedy extra pay after consulting with Eyster. A year later, in October 2023, Eyster after having his own team of investigators work the case, finally filed felony criminal charges against Cubbison and Kennedy. The Auditor had refused his offer for her to resign for a misdemeanor charge.
Typically, Cubbison might have challenged the latest banquet payment and forced Eyster to take it to the Board of Supervisors for approval. However, she was still under suspension and facing criminal proceedings when the DA submitted his latest claim. Cubbison declined to address the most recent payment because she had not returned to the office before the Broiler invoice was submitted to then acting Auditor Sara Pierce and paid under Antle’s authorization.
Documents show the February dinner started at 5:30 p.m. on Feb. 20, with Eyster giving welcoming remarks an hour later.
Eyster’s agenda included “longevity recognition” to employees including 25-year office veteran Shari Arrington, and Alex Johnston, a 10-year member of the staff.
Eyster, according to the printed agenda, also gave an overview of changes in the law and Prop. 36, and he discussed 2024 calendar year goals, and an assessment on jury trial outcomes and state prison orders.
And the beat goes on…
How about you write an article about how to impeach a locally elected head? The mendo public is the only way to hold him accountable so educate the public about how to petition to the election’s office for signatures to get a voter ballot initiative on the ballot.
The method is through a recall as was done in SF and Alameda counties which certainly should move forward here as well.
Agreed. I appreciate the reporting, but let’s work on removing corruption at the DAs office, and the CEOs office, too
Giving a how-to on removal of a politician is not the job of the journalist. We the people, If so inclined, must act upon it. If there’s a will, there’s a way. Go for it.
Informing the public is the job of the Journalism. Why is a “how to recall a politician” not in the repertoire of a Journalist? A well informed public needs to know not just be infuriated by corruption. of a politician.
Because this isn’t journalism. It’s backpage bs.
“The payment to the Broiler Steak House in Redwood Valley was from a county budget account designated for the DA’s slice of annual asset forfeiture funds. ”
OH BOY!! Go steal people’s property, auction it off, and fill your mouth with all the money you’ll make.
I can’t believe the guests show up . Audacious.
https://www.facebook.com/profile.php?id=61573850496289&mibextid=wwXIfr&mibextid=wwXIfr
I am a county employee who fought hard against Antle and the BOS for a raise with our local 1021 in 2023. While we begged and pleaded for a living wage, they support this kind of spending? I’m disgusted and outraged! HEY HEY HOHO, EYSTER AND ANTLE GOT TO GO! I’m sick of us grunt workers getting crumbs while the leaders eat steak. It’s going to come back to bite them.
I was the President of SEIU 1021, the largest bargaining unit in the entire county. I sat in on negotiations twice that went on for months, as the CEO’s office told us they had no money, they didn’t actually know how much money they had, they’d get back to us with figures, on and on. We discussed a strike, but realized we did not have the numbers to make it effective. (Lesson here kids, is if you want power, you got to stand together – so join the union or they’ll keep jacking you around). After throwing the hardworking employees a bone of a small cost of living adjustment, that did not keep up with inflation, the BOS and CEO’s office voted themselves a raise! Ted Williams was the only Supervisor to say he thought we should have a raise to market value. Darcie was never qualified to be in that position, Carmel picked her, and the BOS just went along with it. There was no recruitment process at all. I hope she moves on, and I recommend Tony Rakes take the reins. He’s a smart guy who gets it.
I have only lived here for 8 years but still do not understand why we have a highly paid “CEO”. This and other similar cases only show obstruction and corruption from this office.
Why does Eyster still get to stand in court and sentence people’s lives at high bails amounts and outrageous prison sentences. Shouldn’t his job be placed on hold?
This story has received enough press that the Broiler maybe ought to stop accepting stolen money.
Yep. Some pickets with “Stolen Mendocino Taxpayer Dollars Happily Accepted Here!” signs are called for.
A pic of a fat Pork Chop, 32 oz. Order our special… “The Eyster”!
Hogs at the trough!
Sheriff Kendall is asking the board for permission to spend 500K on another BearCat this Tuesday with seized money. Is it better to spend extrajudicially taken loot on a brand new military vehicle for a podunk SWAT team wet dream or just gobble it up a bit at a time at the Steak Bar? We don’t decide- our CEO does! Our lap dog board of supervisors does! Yay mendo! Burp.
I am not sure how Darcie can pre-approve an impermissible use of asset forfeiture funds. She isn’t above the law either. If they want to approve an exception for a staff dinner event, fine, but use general fund money for it. The CEO’s arrogance and seemingly unethical behavior should end with the Supervisors replacing her with someone of integrity from outside the organization.
The DA’s office has long been under scrutiny for years for violations within the travel and meal policy of Mendocino County. It’s unfortunate it’s taken this long for the public to become aware of it. However, it was bound to happen and Chamise is bad ass! He is NOT above the law! I personally think an outside investigation should be held in HIS office. That would undoubtedly result in a criminal case backfire. After his conviction, the case proceedings could involve the sale of movie/book rights. The county could receive the royalties as restitution. Let’s get the needs of the county met (roads, senior care, homelessness crisis, mental health, etc) instead of throwing thousands away on fake litigation. Where is the common sense in government? An eye for an eye…….
Training staff on how to eat at a restaurant. Yearly training because they obviously need it.
Wow this gets better every day. This DA has got to go. Since when do you throw a dinner party for workers to discuss work stuff new and old policys etc and invite there friends and even the da had his friends there? This should of been workers only! This county sucks.
Eyster must not plan to run for reelection. This is going to be an albatross around his neck.
No, he is just proving he can still do it because the real Auditor was still not back in the office. He snuck it through while Antle was approving steak dinners for all.
Love it or leave it
They should be using the money to improve the infrastructure with new parks and re-pave streets, graffiti removal. It looks like everyone is fighting over their share of money, or what they think their share is.
Maybe a note to Elon will get something going.
Don’t have to look far for waste and corruption.
As a currently formerly county employee forced out of my seasonal position which I was quite devoted to from February to Thanksgiving each year and spent considerable time in the office during the off-season preparing for the upcoming year with our pay. I read these posts re the auditor d office with great interest.
I am glad this county has an auditor like the current one
I hope this ridiculous uncalled for situation brought about
by the current DA can be resolved soon.
The CEOs office idea of hiring an interim Ag Commissioner affected me and others greatly.
It’s too bad more recognition is not given to county departments that regularly do their jobs without fanfare.
Like the road department that keeps county roads passable in all kinds of weather.and many others.
Respectfully
Carl Townsend
Misappropriation of funds, abuse of power, no transparency, zero accountability, etc etc. Every jerkoff in a position of power succumb to their own ego & hubris. The God complex! I wish someone with a bigger ego, in a higher position of power, would squash this little bug for our community.
Why isn’t the grand jury or the state attorney generals office investigating this. Political corruption at this level and our system has no checks and balances, this is so sad. To have your assets seized without a trial or conviction is more lawlessness. But voters continue to reelected them. The county employees continue to be under paid, understaffed and over worked. During Covid many employees worked major hours of overtime to comply with State and Federal mandates and the one payroll employee was jailed and publicly humiliated by a DA that continues to use taxpayers funds for his personal gains. Come on man
If any alcohol was served at this dinner even one drop that’s it. Employees cannot be drinking alcohol at public functions representing the county. If the county paid for any alcohol consumed by these employees that is a massive problem. Not to mention then every one of those said people drinking left that event fully within DUI range.
This is a pretty rough situation. He was told by many higher-ups and the auditor to not do this type of action. It is labeled as illegal on the government level no other district attorney in the state gets away with this kind of stuff.