CSC rules in favor of former SHPO Lynda Aguon

She's one step closer to officially getting her job back as the Civil Service Commission ruled in favor of Lynda Aguon.

Her attorney believes her termination was not only personal but political.

Aguon served as Guam's State Historic Preservation officer for almost 20 years.

"She has gone through so many different administrations," John Bell told KUAM News.

But in June of last year, her new boss, Department of Parks and Recreations Director Richard Ibanez, fired her. 

"There's a lot of animosity towards Lynda," Bell said adding that being, "a very feisty woman who stands up for herself isn't one reason or justification to lead to her termination. She was fired for defending herself in an invalid investigation which in my mind truly was a witch hunt."

Attorney Bell has been representing Aguon who appealed her termination to the Civil Service Commission. Ibanez terminated her claiming insubordination, improper use of a government vehicle and creating a hostile work environment. It was also her very first adverse action in 20 years serving as SHPO.

"What the commissioners were most concerned about was the absence of progressive discipline," Bell said. "They asked the ALJ (ADMINISTRATIVE LAW JUDGE) to confirm that there was no progressive discipline. The ALJ confirmed for the commissioners that in fact director Ibanez himself said 'I didn't try any progressive discipline, I probably should have.' They also asked about you know so these complaints supposedly all these people everybody was complaints about Lynda where's the record of that? There's no record of complaints."

You may remember that at the time of her termination Aguon was very critical of the military's handling of the ancient artifacts that were discovered on construction sites at Magua and the Live Fire Training Range in Machanao. Was her termination really about performance or political?

"So Patrick Lujan, obviously plays a big role here neither me or my client have any beef with him either," Bell said. "But that's what we think really happened here. They want Patrick Lujan right he's very close with Mr. Ibanez from what we understand. He's been the SHPO before there's a long history there with Patrick Lujan wanting that specific job. Now that this administration it seems they thought hey this is our chance we can get rid of Lynda install who we want whatever their agenda they just can't do that this is not how the merit system works."

Although the commission has ruled to reinstate Aguon with back pay, Ibanez can still file a motion for reconsideration or an appeal.


"We are certainly ready for it," Bell said.

KUAM spoke with Aguon who says the past seven months have been hard on her and her family.

"I've been put through the wringer, my work character impugned, lies exploited, and quite frankly, victimized," she said. "When powers that be are brought to bear on an individual employee, it is difficult to defend against it because you stand alone. I was summarily - without delay, "thrown" out of my job for various personal reasons. All I ever wanted to do is my job that I regard as very important to the community, and most especially, important to the Chamorro people. After 35 plus years in public service, I was terminated without a thought as to how I would live; I lost my only income, my health insurance, and my retirement. Whatever resources I had have been spent, but through all this turmoil, my faith in God did not falter, it was strengthened."

According to attorney Bell, before she can officially be reinstated Civil Service Commissioners will have to schedule another meeting to formally vote to approve their judgment.