Hagåtña, Guam – Governor Lou Leon Guerrero has taken the first step towards seeking the appointment of a Special Assistant Attorney General and a Special Prosecutor to investigate and, if necessary, prosecute potential civil and criminal violations of Guam law related to employment practices at the Office of the Attorney General (OAG), by seeking Attorney General of Guam Doug Moylan’s agreement to the appointment in light of a clear conflict of interest.
Specifically, the proposed investigation will focus on the illegal hiring of AG Moylan’s brother Scott Moylan, the illegal slotting and payment of AG Moylan’s fiancée Sheenalyn Hawkins, and the illegal employment of unclassified employees at the OAG.
Governor Leon Guerrero’s request follows the A.G.’s response to a Freedom of Information Act request that revealed that Attorney General Douglas Moylan and Chief Deputy Attorney General Joseph Guthrie may have violated multiple Guam laws, including:
- The illegal hiring of Scott Moylan, brother of Attorney General Moylan, in an unclassified position that may violate nepotism regulations and merit-based hiring laws.
- The illegal slotting and payment of Sheenalyn Hawkins, fiancée of Attorney General Moylan, which resulted in unauthorized salary increases inconsistent with government personnel regulations and merit-based promotion laws.
- The illegal employment of over seventy (70) unclassified employees in the OAG, despite clear statutory limits allowing only four (4) unclassified employees.
Guam law, including Title 5 GCA § 22401 and Title 9 GCA § 49.90, prohibits unauthorized expenditures and official misconduct. As a result, the Attorney General’s actions may constitute violations subject to civil and criminal penalties. The request for independent prosecution arises from the Attorney General’s direct conflict of interest in investigating himself and his Chief Deputy Joe Guthrie.
Governor Leon Guerrero’s authority to appoint a Special Assistant Attorney General and a Special Prosecutor in such circumstances is supported by the Guam Supreme Court’s 2024 decision in the declaratory judgment action the Governor filed related to the Attorney General’s ethical violations. The Supreme Court affirmed the Governor’s Organic Act responsibility to ensure enforcement of the law, including through the appointment of Special Assistant Attorneys General when the Attorney General is unable or unwilling to act.
“The people of Guam deserve a government that operates with transparency, integrity, and accountability. This request is a necessary step to ensure that all public officials are held to the highest ethical and legal standards,” said Governor Leon Guerrero. “If the Attorney General does not agree to the appointment of independent investigators, we will pursue all available legal remedies to uphold the rule of law.”
“The true irony is that the Attorney General has conducted a witch hunt against government employees for unfounded allegations of corruption, all of which have been dismissed, while corruption runs amok in his office,” said Adelup Director of Communications Krystal Paco-San Agustin. “Even worse is that one of his violations involves his office’s illegal employment of his brother Scott Moylan, who is at present time the highest paid employee of the OAG’s Government Corruption Division, making even more than the Deputy Assistant Attorney General overseeing the division. You just can’t make this stuff up.”
Attorney General Moylan has been asked to respond to the Governor’s request by March 12, 2025. Should he decline, the Governor will seek a declaratory judgment in accordance with Guam Supreme Court guidance.
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