District Attorney Jeff Rosen has decided not to charge Rebecca Eisenberg for theft, which had been sought by Valley Water CEO Rick Callender when Eisenberg in January took home a copy of the report that accused her of the abusive conduct.

Smith, who announced her retirement on Monday while the jury was deliberating, faced the charges in a civil trial that had been filed by a Santa County Civil Grand Jury in December. Sentencing in such a case could normally result in her removal from office, but the sheriff's surprise resignation two months before the end of her sixth term makes that punishment moot.