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File #: 23-1053    Version: 1 Name:
Type: Approval Status: Agenda Ready
File created: 10/17/2023 In control: Board of Supervisors
On agenda: 10/17/2023 Final action:
Title: OFF AGENDA ITEM: Discussion and Possible Action Including Adoption of Resolution Suspending Auditor-Controller-Treasurer-Tax Collector Chamise Cubbison from Her Position Without Salary And Benefits; and Appointment of Acting Auditor-Controller-Treasurer-Tax Collector, Pursuant to Government Code 27120 (Sponsor: Chair McGourty)
Attachments: 1. Resolution 23-173, 2. Resolution

 

To:  Board of Supervisors

FromSupervisor McGourty

Meeting DateOctober 17, 2023

 

Department Contact:  

Chair McGourty

Phone: 

707-463-4221

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 1 Hour

 

 

Agenda Title:

title

OFF AGENDA ITEM: Discussion and Possible Action Including Adoption of Resolution Suspending Auditor-Controller-Treasurer-Tax Collector Chamise Cubbison from Her Position Without Salary And Benefits; and Appointment of Acting Auditor-Controller-Treasurer-Tax Collector, Pursuant to Government Code 27120

(Sponsor: Chair McGourty)

End

 

Recommended Action/Motion:

recommendation

1) Hear Off Agenda Item pursuant to the required findings made under Government Code section 54954.2; 2) Adopt Resolution suspending Auditor-Controller-Treasurer-Tax Collector Chamise Cubbison without Salary and Benefits; and 3) Appoint Acting Auditor-Controller-Treasurer-Tax Collector, Pursuant to Government Code 27120

End

 

Previous Board/Board Committee Actions:

N/A                     

 

Summary of Request

The Chair of the Board of Supervisors has become aware of the filing of a criminal complaint in Case No. 23CR02532B by Mendocino County District Attorney Eyster against Chamise Cubbison alleging various criminal charges directly related to her official duties as Auditor-Controller-Treasurer-Tax Collector.  Therefore, based on the findings made pursuant to Government Code section 54954.2, as to an immediate need to take action which need arose and came to the attention of the Board’s attention after the posting of the Agenda for discussion and possible action regarding approval of a resolution suspending the Auditor-Controller-Treasurer-Collector without salary and benefits based on Government Code section. The Board has authority  pursuant to section 27120 to promptly appoint an individual to fill the vacancy. The Chair seeks approval of the Board of Supervisors for such action to ensure protection of the County’s finances, maintain stability in the offices of Auditor-Controller-Treasurer-Tax Collector and continuity of critical operations until such matter is resolved. This discussion and possible action must be taken during open session as The Brown Act provision allowing for closed sessions regarding public employee matters “shall not include any elected official” Cal. Gov. Code § 54957(b).

 

Alternative Action/Motion:

Provide direction to staff.

 

Does This Item Support the General Plan? N/A

 

Strategic Plan Priority Designation: An Effective County Government

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A/

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe: N/A

annual recurring cost: N/A

revenue agreement: N/A

 budget clarification: N/A

Agreement/Resolution/Ordinance Approved by County Counsel: No

 

CEO Liaison: Executive Office

 

 

CEO Review: Choose an item. 

 

 

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status: Adopted

Date: October 17, 2023

Executed Item Type: Resolution   Number: 23-173