Guam - The Attorney Generals' office has issued a statement in response to
concerns raised this week by Senator Rory Respicio. "It was never the
intent of the OAG to interfere with the administrative processes of
the Civil Service Commission; we are only concerned with any criminal
aspects that may or may not arise out of this situation," a press
release from the AG's office stated.


Earlier this week Sen. Respicio wrote a letter to AG Leonardo Rapadas
alleging his office was interfering with a Civil Service Commission
appeals case involving terminated employees from the Port Authority of
Guam. Sen. Respicio referred to a letter from Assistant AG Nelson
Werner to the Civil Service Commission last week which informed the
agency of an ongoing criminal investigation into the six terminated
Port employees. The investigation as we reported centers around the
handling of former Port Marketing Administrator Bernadette Stern
Meno's work injury. Meno is now employed at Senator Respicio's office.


AAG Werner requested that the Commission refrain from compelling
parties to disclose documents produced in response to the Office's
inquiry into the matters. The six employees have filed an appeal with
the CSC to their terminations. Senator Respicio said the memo was an
unusual request from the AG's office and could be construed as a stall
tactic to prevent employees to prepare their motions to the CSC so
that the AG's office can secure indictments against them.



The lawmaker also asked for a special prosecutor to be appointed to
look into the allegations and asked that Chief Deputy Attorney General
Phil Tydingco be disqualified from any matter specifically involving
the Port. The Chief Deputy Attorney General is the brother of Port
Board Chairman Dan Tydingco, who Respicio claims is behind the
allegations made by Port employees.


Here is the statement issued by the AG's office:


OAG Statement:

 

In the interest of protecting the criminal investigation and possible prosecution, on February 20, 2013, Assistant Attorney General (AAG) Nelson J. Werner requested that certain information in the Civil Service Commission's possession (or soon to be) may potentially interfere with ongoing criminal investigations if released.  It has been determined; however, that some of the information may be needed for employees to defend themselves in Civil Service appeals.

 

The role of the Office of the Attorney General of Guam (OAG) is to seek justice, not just convictions.  It was never the intent of the OAG to interfere with the administrative processes of the Civil Service Commission; we are only concerned with any criminal aspects that may or may not arise out of this situation.

 

It is important to note that although not required to do so, out of an abundance of caution in order to avoid any appearance of impropriety, Chief Deputy Attorney General Phillip J. Tydingco and Chief Prosecutor J. Basil O'Mallan III voluntarily recused and screened themselves off of all matters relating to this investigation in early January, with a formal request addressed to Attorney General Leonardo M. Rapadas on February 08, 2013.

Meno is currently employed at Sen. Respicio's office.