UKIAH, 12/21/23 — Mendocino County District Attorney David Eyster’s battle with Auditor-Controller\Treasurer-Tax Collector Chamise Cubbison started over a $2,345 dinner at the Broiler Steak House in Redwood Valley, nearly five years before he charged her with a felony for alleged misappropriation of public funds. Eyster and Cubbison have fought over the legitimacy of at least 13 individual reimbursements — starting with a banquet and award ceremony for the DA’s staff and dozens of guests that auditors found to have violated county policy, according to interoffice emails obtained by The Mendocino Voice.
On Jan. 24, 2019, the DA’s office held a team-building event for its staff, feeding 67 people for a unit price of $35 per plate. But problems with the paperwork made it difficult for Carmen Macias, Eyster’s office manager, to get the restaurant’s invoice paid for — prompting her to wonder in a Jan. 29, 2019 email, “Is the auditor limiting the budget authority of the DA?”
The conflict got spicy, but the accountants held their ground.
“After a quick review of your information… the request is still way too vague and as presented does not meet the requirements for employee meal reimbursement under [county] Policy 18,” former Auditor-Controller Lloyd Weer wrote in a response Feb. 11, 2019.
The department asked Macias to provide a guest list for the event and program materials (such as a meeting agenda) showing the subject matter discussed to ensure the restaurant bill was eligible for payment using public money. Those materials were submitted, but a new problem emerged: only 42 of the individuals on the guest list were county employees. The other 25, some of whom appear to be spouses of county employees, were deemed to be members of the general public.
“There is no provision in County Policy 18 which allows the county to provide meals to members of the public and doing so would constitute a gift of public funds,” then Assistant Auditor-Controller Cubbison wrote in an email to Macias dated Feb. 12, 2019.
The Office of the Auditor-Controller offered to split the difference, covering $1,470 out of $2,345 — enough to pay the county employees’ portion of the bill.
Correspondence between Macias, Cubbison and Weer show that an argument ensued over whether the DA could spend county funds in this fashion without advance written authorization from Weer or former Mendocino County CEO Carmel Angelo. There were also some technical disagreements over the use of asset-forfeiture funds and which pieces of legislation applied to this particular expense.
It was, essentially, a fight between lawyers and accountants over which county policies and state laws govern the DA’s spending and when. The technical aspects were clearly debatable, but they raised valid questions about whether the auditor-controller — who is elected to exercise “general supervision over the accounting of all organizations under the control of the Board of Supervisors” — has oversight authority over the DA.
They remained at an impasse until Angelo instructed Weer to pay the full dinner bill in a memo dated March 8, 2019. Angelo also requested an outside legal opinion from the San Francisco-based law firm Liebert Cassidy Whitmore (LCW) — which took roughly a year to come back.
“The auditor-controller does not have general authority to require the district attorney to comply with county policies,” attorney Morin Jacob wrote in a short synopsis on Feb. 19, 2020.
However, the auditor-controller does have the authority “to not reimburse key claims, and can deny claims for purchase of goods or services that are not in conformity with existing county policies,” according to LCW.
According to Eyster’s own timeline, the auditor-controller denied at least six travel reimbursement requests from the DA’s office between Dec. 11, 2019 and Feb. 13, 2020 — maintaining that the auditor-controller “is the final approval authority regarding reimbursement for any expense.”
Most of the records referenced in this article were made public by Eyster in the weeks leading up to the Sept. 2021 retirement of former Auditor-Controller Weer. They were included in an August 31, 2021 meeting agenda for the Mendocino County Board of Supervisors, in which Eyster published the correspondence above as part of a successful effort to block Cubbison’s appointment to Weer’s office once he retired.
In total, public records cite at least 11 specific instances in which Cubbison pushed back against reimbursements between January 2019 and July 2021 — starting with the invoice from the Broiler. Cubbison has confirmed through court filings that the Broiler invoice was her first major clash with Eyster over reimbursements.
“I have provided you documentation and background on why we’re opposed to the appointment,” Eyster told the county supervisors during public comment Aug. 31, 2021.
“I apologize, I hate having to do this, but this is too important a position,” Eyster said. “I think what we’re seeing here is an early retirement to try to get this appointment and it’s not the right person, it’s not the right time.”
Eyster’s criticism did not stop Cubbison from questioning reimbursement requests from the DA’s office, however. She also pushed back against reimbursing airfare and hotel expenses that appeared to be of a personal nature in a memo to Eyster dated Feb. 2, 2022. (screenshot below)
Sept. 1, 2022, Eyster was notified by current Mendocino County CEO Darcie Antle and County Counsel Christian Curtis that the county was investigating “financial improprieties in the Auditor’s Office.” Embezzlement allegations were subsequently investigated by the Mendocino County Sheriff’s Office, and Eyster filed felony charges for misappropriation of funds against Cubbison and former county payroll manager Paula June Kennedy in Oct. 2023, according to Eyster’s court filings.
The criminal complaint alleges that between 2019 and 2022 Cubbison unlawfully paid Kennedy $68,106.
Cubbison’s defense attorney, Chris Andrian, says there’s no evidence of criminal conduct in this case. He contends the money in question was paid to Kennedy for work she performed under circumstances approved by Weer.
“I think the county got what they paid for,” Andrian said in an interview.
In November Andrian filed a motion to recuse Eyster and his staff on the basis of an alleged conflict of interest — but the district attorney and the state Office of the Attorney General have filed briefs opposing the recusal.
According to Deputy Attorney General Sharon E. Loughner, Andrian has alleged the appearance of a conflict of interest between Cubbison and Eyster’s office — but the state requires “proof of an actual conflict.” The defendant has to prove she’s been “subjected to unfair treatment.” The matter was scheduled for hearings on two separate days this week, but has been rescheduled for Jan. 12, 2024.
Mendocino County’s executive office said in response to a recent public records request that no subsequent invoices from The Broiler Steak House have been received since January 2019 — indicating that Eyster’s 2019 banquet appears to be the last time Mendocino County did business with the upscale Redwood Valley restaurant.
PREVIOUSLY:
9/15/22 — Mendocino County supervisors, Chief Accounting Officer discuss county finances
SOURCE DOCUMENTS:
Feb 2019 DA Claim Denied for Broiler (Jan. 24, 2019 invoice obtained via PRA No. 21-756)
08-31-21 Cubbison re CLE Mandates (correspondence)
08-31-21 Memo Cavness to Eyster re Auditor and Victim Witness (memo re: July 2021 incident)
08-31-21 LCW Opinion Letter re DA and Auditor
08-31-21 DA Accounting of Rejected Travel Claims
Oct. 13, 2023 criminal complaint filed against Cubbison, Kennedy
Nov. 29, 2023 Andrian’s declaration requesting the recusal of DA Eyster from Cubbison’s case
Dec. 12, 2023 Eyster’s brief in opposition to DA’s recusal
Dec. 12, 2023 Deputy AG Loughner’s brief in opposition to Eyster’s recusal
Another example of why all government departments and employees need fiscal oversight to make sure they are following the rules regarding spending the public’s money.
Very sad state of affairs to read about how our tax dollars are being allocated. The cost of staff time may be more than the steak dinners (maybe they should eat veggies)
Then again they are all doing their jobs as best they can and we elected them.
Many of our so called ‘elected officials’ are appointed by their previous mentor that held the office retires. Its easy to win an election as the appointed incumbent when you have no one running against you. Thats how we get most of our top level positions filled, from sheriff to mayor. Even if they are elected, around 30% of the populace votes. Doesnt sound very democratic to me.
Mendo county government has been messed up for decades, it is exhausting trying to keep up with all the conflicts of interest, cronyism, palace intrigue and scandals.
But the same people keep getting elected.