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Board denies request to pay county-funded counsel for Auditor-Controller under investigation

San Bernardino County Board of Supervisors · May 20, 2026
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Summary

After a staff presentation on a two-part investigation into Auditor-Controller Ensign Mason, the Board of Supervisors voted to deny Mason's request that the county pay for independent counsel to represent him in the probe; public commenters raised allegations and urged closed session.

County Counsel Laura Feingold told the Board that the item before the supervisors was a request from Ensign Mason — the county auditor-controller-treasurer-tax collector — for the county to authorize payment of independent counsel to represent him in an ongoing investigation. Feingold described a two-part inquiry requested by the chair on Feb. 24, 2026: (1) whether Mr. Mason’s private investment business creates an actual or perceived conflict of interest with his elected duties, and (2) whether he can fulfill his county duties while managing a private firm. Feingold said one portion of the investigation is complete and the second remains ongoing.

A public commenter urged the board to move discussion to closed session, citing Government Code sections that authorize closed session when litigation is reasonably anticipated; the commenter also alleged Brown Act violations during prior board meetings. After public comment, the chair asked for a motion. A supervisor moved to deny Mr. Mason’s request; the board seconded the motion and voted to deny the county-funded payment for independent counsel.

Feingold told the board the law does not require the county to pay for legal representation for an official where representation is not necessary to perform official duties. The board also asked staff to consider bringing back an item to discuss censure or removal, per one supervisor’s request; no formal action on censure was taken at this meeting.

Public speakers during general comment and later raised allegations about Mr. Mason’s conduct — including references to an investigation and court records — and called for transparency. The board’s action at this meeting was limited to denying the funding request; the underlying investigations and related documents remain with counsel’s office and investigative firms.

The board’s vote on the counsel-payment request was recorded as a denial; no payment authorization was granted.