Former Mendocino County Auditor-Controller/Treasurer-Tax Collector Chamise Cubbison has filed a petition for a writ of mandate in Superior Court, challenging her October 2023 suspension without pay by the Mendocino County Board of Supervisors. Cubbison argues that her suspension was unlawful under California Government Code Section 27120, which authorizes the removal of a county treasurer but does not extend to officials holding combined offices such as an auditor-controller.
According to the petition filed January 10: "The statute does not provide for the suspension of an elected county official serving in the combined position of auditor, controller, treasurer, and tax collector." The petition cites legal precedent: "Where the words of the statute are clear, we may not add to or alter them to accomplish a purpose that does not appear on the face of the statute or from its legislative history.” (Ennabe v. Manosa (2014) 58 Cal.4th 697, 719 [quoting In re Jennings (2004) 34 Cal.4th 254, 265."
The petition accuses the Board of Supervisors and District Attorney David Eyster of orchestrating a "pretextual" investigation that culiminated in felony charges of misappropriating public funds.
The petition reproduces an email Eyster sent to then Supervisor Glenn McGourty on August 30, 2021 in which Eyster recommends three steps to address what he saw as unqualified management of the auditor office:
- Vote "no" on promoting or appointing Cubbison to replace the retiring auditor.
- Consolidate the offices of auditor-controller and treasurer-tax collector.
- Pursue voter approval of a ballot measure that would replaces these elected offices with an appointed director of finance position.
Here is a timeline of what happened next:
- December 14, 2021: The Board of Supervisors adopted Resolution 21-195, merging the two positions of auditor-controller and treasurer-tax collector, with an annual salary of $176,267.30.
- July 2022: The Board appointed Cubbison to the combined position.
- August 2022: Cubbison reported concerns to the County Counsel and CEO that Paula Kennedy, a payroll manager employed by the auditor's office, was threatened to sue over uncompensated overtime.
- September 2022: Lieutenant Andrew Porter of the Mendocino County Sheriff's Office conducted an investigation that included interviewing Cubbison, Kennedy and retired auditor Lloyd Weer, who was working at the auditor's office on a half-time capacity. Porter also searched emails from Cubbison, Kennedy, and former auditor Lloyd Weir using terms such as “overtime,” “MOU,” “side letter,” and “470.” In court testimony, Porter said he did preserve the emails, even though they were evidence that could potentially have been useless in Cubbison's defense.
- November 2022: Cubbison won her election bid for the combined position of auditor-controller treasurer-tax collector.
- October 17, 2023: The Board of Supervisors added an off-agenda item, Resolution 23-173, to suspend Cubbison without pay.
- October 18, 2023: the county informed Cubbison of her suspension without pay or benefits, effective October 17, 2023.
- October 31, 2023: Cubbison, through her attorney Chris Andrian, contested the Board of Supervisors decision.
The petition asserts the board acted without providing "a pre-deprivation" hearing or specific evidence to substantiate the suspension. Such hearings, which allow the accused to respond before actions are taken, are procedural safeguards. A pre-deprivation hearing can be required under specific circumstances, for example when a government body takes away property.
Cubbison has consistently claimed that her suspension was part of a broader effort by county officials to replace her after her advocacy for accountability in county accounting practices.
Her legal filing seeks reinstatement, back pay, and benefits, arguing the board's actions were arbitrary, exceeded its statutory authority, and failed to meet procedural due process requirements.
A scheduling conference in the civil case is set for Feb. 21.
