Mayor under indictment: ‘It was the governor’

Indicted Inalahan Mayor Anthony Chargualaf, in a story in The Guam Daily Post, said Gov. Lou Leon Guerrero directed the hiring of Richard Ybanez as the interim executive manager of the Guam Regional Transit Authority in January 2022. Mr. Ybanez held the post until May this year.

Mr. Chargualaf and Agat Mayor Kevin Susuico, along with Alejo Sablan, are the members of the GRTA board of trustees. All have been indicted by the local grand jury for a host of felonies and misdemeanors stemming from the allegation that they knew Mr. Ybanez was not qualified for the position and hired him anyway.

The GRTA executive manager position requires specific qualifications, which Mr. Ybanez does not meet. According to Guam law, the person holding the position shall have “a combined minimum of six (6) years of operational, supervisory, and management experience working in an organization that provides transportation related services; and possess at a minimum, from an accredited institution, a Bachelors degree, preferably in the field of business administration, city planning, urban planning, engineering, engineering technology, public administration or closely related field or discipline.”

That same law also states it is the GRTA board of trustees that appoints the executive manager.

“What I do know is that (Ybanez) was appointed by the governor and not a selection made by the board,” Mr. Chargualaf said, according to a story by Joe Taitano II of The Guam Daily Post.

“We allege that Richard Ibanez was not qualified to be paid a taxpayer funded salary for the top management position because he did not have the requisite college degree, and that other officials knew and furthered that illegal action,” a news release from the Office of the Attorney General of Guam stated Monday night.

A January 5, 2022 letter from Ms. Leon Guerrero to the trustees shows the governor made the recommendation for Mr. Ybanez’s hire.

“I am writing to inform you that I strongly recommend that current GRTA employee Richard Ybanez serve in that capacity on an interim basis while you work to find a permanent replacement,” Ms. Leon Guerrero wrote.

The board then met days later, and appointed Mr. Ybanez, according to the minutes of their meeting. Those minutes were attached to a request for personnel action, commonly known by its form name “GG1,” which was generated on January 25, 2022 and signed by the GRTA certifying officer, who also has been indicted. That GG1 was for the unclassified interim appointment of Richard Ybanez as executive manager.

Kandit has learned from a source of information that the original GG1 contained the name of the governor as both the requesting and approving authorities, but the form was changed to contain the signature blocks for board officers instead.

According to the GG1, Mr. Ybanez’s position title changed from Special Projects Coordinator earning $61,795.61 annually to $88,408.00.

The GG1 was routed to the governor’s office first for clearance, according to the source. Once cleared, the form was finalized, then routed to the Bureau of Budget and Management Research for processing before heading to the Department of Administration to complete the hire.

Kandit asked Mr. Chargualaf Wednesday if he could elaborate on his statement to the Post. We asked both he and governor’s director of communications Krystal Paco-San Agustin whether the governor instructed board members to hire Mr. Ybanez, and if any written communication exists to corroborate this.

“My apologies, but I am refraining from any further comments until I secure some legal counsel representation, hopefully before the end of the week,” Mr. Chargualaf responded.

Ms. Paco-San Agustin responded early Wednesday afternoon, “Let me get info,” but has not provided further response since.

Earlier Wednesday, she released a statement from the governor’s office, which states: “These indictments are only accusations, and do not constitute actual proof of wrongdoing. For this reason, these individuals will continue to serve in their current capacities pending resolution of their cases. While we cannot comment on specific allegations, we are confident that our courts will ensure a fair outcome, and that justice will ultimately prevail.”

The statement contradicts a statement Lt. Gov. Joshua Tenorio issued following the indictment of another cabinet member, former governor’s policy advisor Adrian Cruz, for sex crimes. Mr. Tenorio, in that case, applauded Mr. Cruz for stepping down from his post following his arrest on the charges, saying it was the right thing to do.

“I don’t know if this rises to the level of criminality,” alternate Public Defender Peter Santos stated on the radio show Tall Tales with Bob Klitzkie Wednesday. Mr. Santos, who has been a vocal critic of Attorney General Douglas Moylan, said he suspects defense attorneys for those indicted in the case may move to dismiss the case for a lack of criminal finding.

The grand jury, however, late Monday found probable cause to indict the board members, Mr. Ybanez, and former GRTA certifying officer Jennifer Cruz in the alleged conspiracy. The indicted government officials will answer to the charges against them on July 26 in the Superior Court of Guam.