Reports forwarded to AG, US Attorney

The ongoing investigation at the Port Authority of Guam over allegations of corruption and impropriety surrounding leave and Workman's Compensation has been forwarded to local and federal authorities.

December 20, 2012Updated: December 20, 2012
KUAM NewsBy KUAM News

by Ken Quintanilla

Guam - The ongoing investigation at the Port Authority of Guam over allegations of corruption and impropriety surrounding leave and Workman's Compensation has been forwarded to local and federal authorities. And while officials from the Port have refrained from commenting in detail over the investigation along with allegations made by former general manager Mary Torres, they do contend that once all is said and done, the truth will prevail.

Following an internal review at the Port in recent months, matters related to the investigation at the port have finally been forwarded to the Attorney General's and U.S. Attorney's Offices. It remains to be seen whether this investigation will warrant criminal charges to those cited in the investigation, but Governor Eddie Calvo says he's aware of the transmittal and will leave it the proper authorities, who said, "I just think there's too much conjecture, too much opinion, too much posturing that is going on it and I'll lay it on the facts."

Port general manager Joanne Brown confirms the report has been forwarded but would not comment further as it pertains to personnel matters. Ultimately though she says the focus needs to go back to the good things happening at the Port. "And I think in spite of all the issues, I think we need to stay focused on what the day-to-day operations are and the critical services that this port provides to this community," she said.

On Wednesday, Torres said her dismissal and the firings of six port workers were a result of a politically motivated investigation. She says her dismissal was based on a reported prepared by legal counsel that she contends was wrought with "inaccuracies, distortions and poorly reasoned legal conclusions." Port legal counsel Mike Phillips notes that while much can't discussed at this time, once all the facts are out, the people of Guam can judge whether the actions of the board and management were necessary.

"And I feel very confident that once all of this is finished that everyone will look back and see it was based on the facts and not anything else at all," she said.

Torres claims the findings of fact and conclusions of law were drafted with the intent of reaching a pre-determined result saying the investigation was targeted towards Port marketing administrator Bernadette Stern-Meno, who was perceived to be a political enemy of the Calvo Administration. Phillips says when all the facts come out, the public will see the probe was not politically motivated.

He said, "It was a very serious incident and a series of events took place and as a result of a very unfortunate decision the board and management took personnel actions, and I'm confident when things are finished the record will be very clear."

Board chairman Dan Tydingco agrees, saying, "But I think we're comfortable with the facts that were presented to the board and they'll speak for themselves loudly and clearly." Torres claims she was accused of misconduct for approving a travel authorization request, along with funding for off-island medical treatment for Stern-Meno.

But she said her decisions were based on prior approvals and information from the Port's safety administrator.

Governor's chief of staff Frank Arriola however tells KUAM News that the travel authorization raised huge red flags.  Most TAs he signs-off on average between $2,500 TO $3,500 per trip. "I received in sometime in mid-September some travel authorization requests from the Port Authority totally over $70,000; naturally, for me that raised a red flag," he said.

Arriola says the concerns went through the proper channels and were brought to the port's legal counsel's attention for investigation.

Torres claims Arriola told her she was collateral damage and her options were to transfer to GVB, resign or be fired, saying, "Communication goes two ways: there are senders and there are receivers. Her perception of that conversation is a lot different from mine and with that I'll leave that tone of that conversation at that but it's a personnel matter at this point and I won't comment any further on that," said Arriola.

Meanwhile, Governor Calvo makes it clear that all decisions made pertaining to this matter were made by the Port, he adds if a governor were to intervene it would not be in the best interest of an agency or the people of Guam. "I think it's important to understand that a governor should not influence one way or another on decisions that are made by a board, by a manager that by statute is there responsibility," he said.

Meanwhile, Governor Calvo responded to statements made by former governor Felix Camacho, who claimed that the governor has allowed a wedge to be driven into the Republican Party. Governor Calvo says it is neither his desire nor his motive to do such things and that all of the decision made over the past two years is because of what he believes is in the best interest of the people of Guam.

Calvo added that he will let all of the political prognosticators give their assumptions of how things go about in this administration.

The Democratic Party of Guam released a statement reacting to the recent events at the Port and the public pronouncements about certain people purported to be members of the Democratic Party. Executive director Carlo Branch says the Democratic Party will continue to be an advocate for the rights of public employees regardless of their political affiliation adding the party stands with the "victims of this political witch hunt."