During Mr. Guzman’s confirmation hearings I listened carefully to the Council’s questions. I appreciated the care and concern the Council had for the work environment, culture and public perception of the Department of the Prosecuting Attorney.
From personal observation working within this Department, I can say unequivocally that Mr. Guzman has worked tirelessly to address the Council’s concerns and has called the Department as a whole to a higher level.
Under Mr. Guzman’s leadership the Department is now fully staffed, more efficient and organized and Mr. Guzman has fought for the protection of Department employees during this current pandemic.
But more importantly, Mr. Guzman has established multiple new programs and projects designed to protect our citizens and seek justice for victims.
In short, Mr. Guzman is fulfilling the mission of the Department: “To seek justice through competent leadership and integrity, the Prosecuting Attorney ensures that the pursuit of justice is done in a fair, effective and efficient manner through a victim-centered approach in prosecution.”
At this point in time, I am unaware of what violation of County policy would warrant his removal and therefore ask the Council to allow him to remain as the head of the Department to continue the good work he has been doing.
Sincerely,
Kenton Werk
(employed as a Deputy Prosecutor with the Department for the last 13 years)
Good Morning Council Chair Molina and Council Members,
Thank you for your time. My name is Shaleen Davidson, Co-Founder of Magellan Luxury Hotels, Maliko Travel Services, Sandstone Consulting, Film Executive with Bed Bugs Films, and CEO of TruthSeer, a company whose mission it is to bring awareness to mental illness, domestic violence, and recovery from the many forms of addiction.
I have also formerly served in The United States Air Force. With that being said, living my life with integrity is of utmost importance to me. That includes who I associate with.
I have known Don Guzman since I moved here in July 2017. I have always known Don to be a man of good character. Don is a man who is respectful, stands for truth and justice, and willing to put himself aside to help others. Before Covid, I often ran into him at community events.
As a victim of abuse myself, Don has displayed great compassion and a sympathetic demeanor that gave me strength to face my abuser.
Don is a valuable asset to this community, and what he is going though right now, I believe to be unjust. We are in unprecedented times right now where we need to trust those in our government. If Don is removed from his position, I believe it will have a detrimental effect in the community as it will further cause more distrust in our government. We NEED Don and other women and men like him who are committed to the greater good. I trust you see that as well.
Office of Council Services
Governance, Ethics and Transparency Committee
Re: Agenda Item GET-1(3)
Dear Council Members:
I’m providing this letter to you about the role of the Prosecuting Attorney that I hope will give you some insight as you are being called to decide whether to remove Don Guzman as the Prosecuting Attorney. The Prosecuting Attorney for Maui is appointed by the Mayor with the approval of the County Council and is removed by the same process, but this position should always be viewed unlike any other appointed position in the county. Allow me to explain.
I was a Deputy Prosecuting Attorney for twelves year on Maui before moving to the mainland where I was a prosecutor in Nashville, TN and Newport, OR for fourteen years before returning home to Maui last year. I’ve been back at the Maui Prosecutor’s as a Deputy Prosecuting Attorney for about a year. In my time as a prosecutor I’ve served under eight prosecuting attorneys in three states. The last five years in Oregon, I was the Chief Deputy District Attorney (the equivalent to Robert Rivera’s position as First Deputy). Since I first became a prosecutor, it has been emphasized to me by leadership and as I became a leader, I have passed it on, that prosecutors serve a unique position in society. Although we work for the people, we do no work to please those that appoint us or, if elected, those that vote for us. We serve justice. Our duty is to do what is right. Sometimes that entails going against popular opinion or the opinion of the influential or powerful and at times standing alone while still fighting for a case. We also have an ethical duty not to prosecute a case if we do not believe it is in the interest of justice to do so, which can lead to some very unpopular decisions. In my roles as a Deputy Prosecutor and as a supervisor of deputy prosecutors, this is reinforced over and over again. There have been numerous times when I have, either alone or in discussions with other prosecutors, agonized over whether to prosecute or not prosecute a case when there is very strong opinions from outside forces to go one way or another. I believe Don Guzman is committed to having a team of prosecutors that use this same moral compass. I have been inspired to assist in this plan by using my experience and insight to encourage a strong team of prosecutors. This is necessary to keep our office above reproach and focused on our mandate as prosecutors. I hope the elected leaders of Maui County recognize and appreciate those of us willing to take on this role so that when there is a politically sensitive case, you can leave it up to independent prosecutors to make these tough calls. We are willing to do that but must be given the freedom to do so.
Bringing this back to the current situation, should it be determined in the Council’s view that Don Guzman has as a leader behaved in a way that would merit his termination, it is your duty to dismiss him. However, whether Don Guzman stays or someone new is appointed, I ask you to consider our role when you make this important decision. You should hold us accountable, but you must also allow us do what we are called to do, anything short of this renders us ineffective.
From: Nick Drance
Sent: Wednesday, November 4, 1PM
To: GET Committee
RE: Agenda item 1(3)
Subject: Letter of support for Chief Prosecutor Don Guzman
Aloha Chair and Committee Members,
I’m writing to express my support for Mr. Guzman and offer a couple of additional comments. Don has a good reputation for being fair and competent. Surely the amount of testimony supporting him is both telling and significant.
Relieving anyone of their position is a serious matter. In this case, the position significantly affects the interests of the residents of Maui County. Does Mr. Guzman fall outside the protections offered by the laws that speak to the dismissal of personnel? Has the Mayor responded to Committee Chair Molina’s request for specific information related to this? I think the public deserves a yes or no answer about that.
There doesn’t appear to be “Just Cause”, from what I can tell.
While the matter at hand relates to Mr. Guzman, it also speaks to the wider issue of how and why the Mayor determined his course of action. It’s unfortunate that this subject is being viewed by a number of people within a lens that questions the Mayor’s motives.
The Mayor often acts unilaterally, based on his own interests and does not consult the Council on matters that directly affect their constituents. That goes back to the selection of Department Directors. As supervisor of the County Departments, often times the same problem occurs. Has Don acted out of loyalty to residents and this is the result?
It makes sense to question the appropriateness of the Mayor’s action. This whole subject is a very sad state of affairs. Too often, there’s no acknowledgment of the Aloha Spirit in the Executive Branch. More like it’s my way or the highway. Sometimes I feel like I’m observing Chicago style politics. Right here on Maui.
Please accept this as testimony to the County Council regarding Don Guzman to support his being removed from office as department head of the Prosecuting Attorney's office. I am writing anonymously in spite of being told there are measures in place against retaliation. I do not trust Mr. Guzman, or the system in place to provide protection against any kind of retaliation no matter how small. Be that as it may, the community and County Council should know exactly what has gone on in this office since he was appointed by the Mayor and the County Council. From day one, it was abundantly clear Don Guzman's objective was to further his political agenda and use the Office of the Prosecuting Attorney as a stepping stone to better his chances at a second time mayoral candidate. This is a disservice to the community and victims of crimes. This office is a vital part of keeping our community safe, and to treat it as a political platform is selfish and shameful. It is using victims as pawns and furthering their trauma.
The allegations against Don Guzman are only one of the many incidents that he has "raised his voice." He's done so at meetings with other employees, and chiefs of police with other supervisors in attendance. And while I was not privy to the circumstances surrounding these allegations against him today, I was privy to the office-wide email that was the impetus of this hearing. The employee who complained about Don Guzman, responded to an office-wide email Don Guzman sent out to our office regarding another employee who had tested positive for COVID-19. This email cautioned people not to panic. This employee responded to all, simply asking for more information because they were concerned if they had been exposed to the unnamed employee who had COVID-19, they were worried they would be exposing their family when they returned home from work. Don Guzman replies to the entire office by chastising this employee and reprimanding them for sending an office wide email, and that they are no longer permitted to send office wide emails unless they have permission from their supervisor. His office wide response to the email was incredibly inappropriate, disrespectful, unprofessional, and shameful. In fact, I was embarrassed that the Prosecuting Attorney for the County of Maui, handled it in this way.
To further his inappropriate actions, he purposefully gave a lengthy interview to the Maui News which he then used to text message a number of employees and attached the article "to have a better understanding as to what is going on with me" and asked us to provide "positive testimony" on his behalf. I received this text message as did a few of my co-workers and we agreed Don was acting more like a politician and less of a prosecuting attorney. A politician who should not be running a prosecutor's office.
After reading the article, it was abundantly clear once again, he is trying to further his political agenda, and slam the Mayor while doing so. His statements to the Maui News thwarted responsibility for his actions, and minimized his behavior. EXACTLY what defendant's do when they are being sentenced in court. They fail to take responsibility and place blame on others. Don Guzman is behaving precisely like the defendant's the department prosecutes. He glossed over what he is being accused of and instead attempted to shift blame on the Mayor and muddy the waters to distract everyone from the real reason he is before the County Council.
Don Guzman's first order of business upon his first few weeks in the department was to create interoffice "committees" compromised of deputy prosecutors, to either inspect our budget, create audio/visual PSA's to try and prevent negative media coverage and encourage public relations, and to recruit new employees. These tasks are completely out of our realm of job duties, and have nothing to do with prosecuting crime. Do you think the people of Maui would appreciate knowing their tax dollars are being used to "sign wave" and sit as guests on radio shows, or create videos for PSA's, instead of doing our jobs?? I personally was told to attend three different "committee" meetings entitled "Business Committee," "Recruitment Committee," and "Community Outreach Committee." I was never asked if my caseload allowed for this extra work. It was clear Don Guzman had no idea what I did for a living, nor did he care. He never reached out to learn what I do. We do not have time to appear on tv or radio shows to promote our office. We are a law enforcement agency, and as such, most of what we do is confidential. We do not need to promote our office. We do not need to solicit business. Criminals tend to find us very easily. Therefore, it was obvious this was Don Guzman's way to gather a list of work he has done so he could provide this list of "achievements" when he ran for Mayor again. Which is exactly what he did in the recent Maui News article.
At the "business committee" meeting, Don Guzman started out by saying "we need a business department. The Mayor's office has one, so we will mimic the Mayor's office." A business department? We are not a "business" nor are we the Mayor's office. He also said, "In my mind this department is like a civil law firm." That was when I realized Don Guzman had no idea what my job entails. We are the complete opposite of a civil law firm, but no one can understand this, unless you have worked at a prosecutors office. I immediately questioned whether he understood what this department's functions are.
All of this affects me greatly because I am passionate about my job, and prefer to respect the person running my office since he or she should have the most knowledge about how to do my job. I can not respect my boss when I cannot go to him with complex legal criminal questions. He is not interested in criminal law, nor does he know how to successfully prosecute crimes. To treat this department like a civil firm ignores the serious nature of our jobs, and we should not be used to assist in Don's political agenda or further his political career. Obviously Don intended to use us and this department, to help him in a more successful run at campaigning for Mayor in the future.
I have experienced and heard enough about Don Guzman that he should not be head of a department he knows nothing about. I hope this teaches the County Council and the Mayor a lesson in not choosing one of their own to head a department who is completely inept to run. Which is why I voted YES for the charter amendment on the Managing Director duties, after this debacle. I do not trust the County Council or the Mayor to choose the right person. JD Kim was chastised for many things that don't come close to the allegations against Don Guzman. Yet Don Guzman was a better choice??? At least JD Kim was highly knowledgeable on how to prosecute crimes, which should be the first criteria met when selecting a prosecuting attorney.
I have known Don Guzman his whole life. I am his sister and no-one other than our parents know him better than I. Don has always had a kind heart. Even as a child, he was constantly looking for ways to do nice things for others. I think it was because as children we were raised by parents and grandparents who worked in public service and believed in putting others before yourself. This is Don, and it is genuine.
Don is also a man of great faith. He is not perfect, but no one is. We all try to do our very best to live a life of goodness under God's good graces. The Don that I know from the time we were kids to now, is a person that is patient, humble and soft spoken. He is jovial and has always had a knack of making people feel at ease. Of course, my brother can be passionate about things- but who doesn't enter a life of public service or politics that doesn't give their all in what they believe in. People who have had the pleasure of getting to know Don whether it is for a problem they are struggling with or a project they want done, know that if you have Don on your side, he will never let you down.
Don is a person of strong character and a positive attitude who cares very deeply about his family, his friends and his community. Over the many years, he has done a lot for Maui. While on the Maui County Council, he was known to be fair and open-minded about things using his knowledge of the law to help pass legislation. He also served as a mentor for many of the youth as can be seen by his popularity by Maui's young people. I hope you will strongly consider his many years of dedicated and unwavering service to the people of Maui and vote to allow Don to continue to serve as Maui County's Head of the Prosecutor's Office. He deserves this chance and the people of Maui deserve someone like Don.
I have known Don Guzman over the past few years and consider him to be one of the main reasons behind my fondness for public service. Throughout my time as his intern, Don has shown to be an enthusiastic, involved leader who will always go out of his way to redefine the standards of Maui County.
I have never known Don to be stagnant as he always seeks improvement through new ideas and concepts. I was fortunate enough to be a part of the prosecuting attorney’s pilot internship program for undergrads interested in law, which was Don’s vision specifically meant to build enthusiasm for justice at a young age. Additionally, I was able to watch Don construct his elderly abuse division from the ground up while taking the initiative to learn from and protect the most vulnerable people in our community.
I am very fortunate to have been Don’s intern. He has given me many opportunities that I would not have experienced if it were not for his desire to educate the keiki of Maui. His courteous professional manner has never ceased to impress me, and he is always willing to take criticism with a smile on his face. His passion for public service and improvement should not be taken for granted.I trust his mental and emotional aptitude as prosecutor, and in the face of doubt believe his impressive track record of public service stands for itself.
I started working on Maui was as the first Law Clerk for the Honorable Shackley F. Raffetto (Ret.) between 1994-1995. I worked for the Law Firm of Lowenthal & August, as an Associate Attorney between 1995-2000, and then formed by own solo practice in the area of criminal defense in 2000.
I first met Donald Guzman when he worked as a Deputy Prosecuting Attorney for the County of Maui, when I represented a client charged with driving under the influence. Don understood well his role as a Deputy Prosecuting Attorney and was industrious and knowledgeable in the area of criminal case law and procedure and had the ability to write well. I remember a case, dating back to 2002, where we were both facing a per diem Judge and based upon the sworn statement contained in the police report, at the hearing, I was able get the police officer to repeat his sworn statement on the stand, which resulted in the oral granting of the motion to suppress evidence, with a request by the per diem Judge for a proposed written order to be submitted by both Don and myself. Don did an excellent job of preparing his proposed Findings of Fact, Conclusions of Law and Order. The Judge adopted every word in every paragraph submitted by Don except one, so while the motion to suppress was granted, it was a hollow victory, that resulted in a conviction for the driving under the influence charge.
Donald Guzman has always impressed me with his knowledge of criminal case law and procedure and is friendly and approachable. I believe the Office of the Prosecuting Attorney is, by its very nature, a political job and Donald Guzman is extremely well qualified to perform the job as the Prosecutor for the County of Maui, via both by his knowledge of criminal law from his prior experience working at the Prosecutor’s Office and because of his years of service on the Maui County Council, as a politician. We have not had a Prosecutor that possessed both the experience as a Politian and having worked at the Office of the Prosecuting Attorney, as a Deputy Prosecuting Attorney. Donald Guzman can relate to the needs of new deputy attorney hires and of those deserving of promotions, as well as the politics of the complete office, including the important role the support staff plays in the organization of Office of the Prosecuting Attorney.
Under the Maui County Charter, the Prosecuting Attorney may be removed by the mayor with the approval of the County Council. It is my understanding that the mayor of Maui County is seeking the approval of the Maui County Council to remove Donald Guzman as the Prosecutor for Maui County.
It is my understanding that a week after Donald Guzman’s appointment was confirmed by the County Council, Mayor Mike Victorino wished Donald Guzman to sign a resignation letter with the date left blank. Such a request by Mayor Mike Victorino would circumvent the County Charter, usurping Maui County council’s charter authority (obligation) to approve a decision as to whether or not to remove the Prosecutor for the County of Maui the final decision causing the checks and balances to be ignored and denying the council its authority and power. Mayor Mike Victorino must be questioned if he understood at the time he asked Donald Guzman to sign a resignation letter with the date left blank if he understood it was a violation of the 2016 amendment to the County Charter, as such a pre-signed resignation letter would be contrary to the 2016 County Charter’s Amendment to institute checks and balances of power.
Mayor Mike Victorino used his emergency powers and imposed a quarantine on all residents of Maui County and chose to employ a full misdemeanor as the penalty for anyone that violated the law the Mayor chose, even if the person was at a public beach, alone in a beach chair, with no one else within six or more feet from them. I understand police issued over 1,000 citations for the violation of Mayor Mike Victorino’s public health emergency rule. Due to Covid-19, the Second Circuit Court (here in Wailuku) delayed any jury trials for several months and currently has a major backlog of pending jury trials. Had Donald Guzman, in his role as Prosecuting Attorney not chosen to amend most cases to a local Maui County Code violation with a fine, the Second Judicial Circuit would have at least 1,000 additional jury trials to deal with, which would have been an untenable situation. The Hawai’i State legislature amended Driving Under the Influence penalties (H.R.S. Section 291-4, effective August 1, 1991), to reduce the penalty so no jury trial requests were possible, because every attorney on behalf of their defendant clients began to demand jury trials, which no judicial circuit could handle. Prosecutor Donald Guzman was well aware of this history and dealt with the matter properly. No judicial circuit and certainly not the Second Judicial Circuit with only four Courtrooms could accommodate a 1,000 case increase in the amount of jury trial requests or all defendants charged with serious felonies, as well as the quarantine misdemeanor would have their cases dismissed for failure to comply with Rule 48 of the Rules of Penal Procedure, often referred to as “speedy trial.”
Finally, it is also my understanding that Mayor Mike Victorino ordered that Robert Rivera serve as the First Deputy Prosecuting Attorney, even though the Maui County Charter assigns the duty to the Prosecuting Attorney, to appoint all deputy prosecuting attorneys.
I have known Don Guzman for about 12 years. The first time I met Don was at a fundraiser function for the Maui High band at the former Maui Prince Hotel. He sat at our table and we had a chance to chat about his background and family. My first impression of Don was that he was very personable and a good listener.
Over the years, it has been a privilege to get to know Don on a personal level. He has shown that he really cares for the Maui community and the well being of people that live on this island. He has served tirelessly with great leadership, honesty and dedication.
Don has proven himself as an excellent leader and team player and is a valuable asset to this community.
I am writing this letter in support of Attorney Don Guzman. During his time as the Prosecuting Attorney, Don Guzman has shown a great deal of devotion and enthusiasm for his work. He does his responsibilities by going above and beyond his duty. I really appreciate and thank Don for the fantastic job he has been doing for our community and to the island as a whole. One of Don’s major accomplishments is the Maui Lani roundabout, a project that he advocated during his term in the County, which has truly helped the community in terms of efficient and safe driving.
Don Guzman has been tirelessly working hard to keep his Department going, especially during this time of the pandemic. Not only has he displayed an excellent quality of work for the safety of his employees but also his tremendous work by bringing justice to crime victims and improving the safety of Maui County. He manages his leadership skills impressively and in an excellent way.
I have witnessed Don Guzman in public and private affairs which he has shown a genuine personality and a positive approach to any situation. These qualities that Don has, have encouraged me to continue to support him as a qualified and outstanding attorney. I highly suggest to kindly keep Don at his position as the Prosecuting Attorney. Thank you for your time and hard work.
Sincerely,
Conchita Rivera
Retired teacher, Makawao Elementay School
1(808) 268-7828
I am writing this letter in support of Attorney Don Guzman who is most fitting for the Prosecuting Attorney position. I have known Don to be very passionate, knowledgeable, and having good leadership skills. He has an ardent desire to keep Maui County safe by placing justice on those crime victims.
Don Guzman has always been positive in all types of situations and always includes God’s guidance above all else. Don is a strong leader in the community, a devoted husband to his wife and a great role model to his three children.
During Don’s time as the Prosecuting Attorney, he always seems to prioritize the safety of those under him. Especially during the time when the Prosecuting Attorney department was undergoing some stress due to the COVID-positive in their office, Don was able to handle the situation gracefully and following within the Mayor’s guidelines.
I have been an active supporter of Don Guzman ever since his running for Mayor, due to his great qualities of strong leadership, passion towards the Maui community, and genuine personality. Thank you for your time and I hope you have a wonderful day.
Sincerely,
Eliza Mariano
Kahului, Maui, HI
(808)344-7524
Elilzem21@gmail.com
I want to thank the Maui County Council for allowing testimony on this resolution. I trust that the council and this public meeting will give the matter the proper due process it deserves. We can all agree that transparency builds public trust.
I am writing on behalf of Don Guzman who I know personally as a friend and as a constituent when he held public office. It was a shock to read about Don’s situation in the Maui News. While I can’t speak to the reasons behind the resolution, I will commend Don for standing up for what is right and bringing wider transparency to the matter.
The request for pre-signed resignation letters is unheard of. It goes without saying that such a request in itself is fundamentally wrong. There is a fine line between a request and a requirement. Subordinates are susceptible to bullying tactics when their livelihood is at the mercy of a pre-signed resignation letter. Sooner or later, they find themselves choosing between Job security over doing the right thing.
Members of the Maui County Council, you have the opportunity to fix this. Make the prosecuting attorney an elected position. It should be independent of the executive branch and accountable to the voting public that elects them into office. We the voters should have a say and the ability to vote for the candidate we feel has the best vision for our county’s justice system. This ensures transparency and accountability for the office. We have seen, on the national stage, what happens when the justice system lacks independence from the executive branch. Honolulu County, Kauai County, and Hawaii County all elect their prosecuting attorney. It’s about time we do the same for Maui.
I will tell you that Don Guzman is a hard working public servant that is progressive, intelligent, and truly cares about our community. Maui county is fortunate to have him in public service and he deserves the chance to continue shaping the justice department he was appointed to lead. I trust the council will be fair in its investigation and judgement.
Re: RETENTION OF DONALD GUZMAN, ESQ. TO THE POSITION OF PROSECUTING ATTORNEY FOR THE COUNTY OF MAUI
Aloha kakahiaka Chairman Molina and Members of the Committee;
On March 11, 2019, I wrote this Committee to support the appointment of Donald S. Guzman, Esq., as Prosecuting Attorney for the County of Maui.
As a deputy prosecutor appointed by Mr. Guzman with a combined total of 29 years’ experience with the Department of the Prosecuting Attorney, County of Maui, I write to you today to respectfully ask you deny the resolution entitled “APPROVING THE REMOVAL OF PROSECUTING ATTORNEY DONALD S. GUZMAN,” and approve the resolution, introduced by Chair Molina, entitled “DISAPPROVNG THE REMOVAL OF PROSECUTING ATTORNEY DONALD S. GUZMAN.”
The Prosecuting Attorney for the County of Maui bears a tremendous responsibility to the community. As head of the office, they are accountable for literally hundreds of decisions made every day, that affect the lives of those suspected and accused of criminal conduct, as well as those who are victims of crime. The Prosecuting Attorney’s name appears on all charges filed in court within the County of Maui, as well as all court documents to include motions and dismissals of charges. Whether they are cases involving impaired driving, property crimes, domestic violence, or murder and other serious felonies, it is the Prosecuting Attorney who bears ultimate responsibility for the decisions made with respect to those cases – which cases to charge, to settle, to take to trial, as well as when to impose prison or allow an offender an opportunity on probation and drug treatment. In essence, not only is the Prosecuting Attorney responsible for the daily administration of an office with over 70 employees including approximately 30 attorneys. The Prosecuting Attorney ultimately bears responsibility for all decisions made in criminal cases in Maui County.
Given this reality it is inevitable that on occasion, corrective action must be taken, and a deputy prosecutor must be reprimanded. Apparently, Mr. Guzman is before this Committee based on an on an alleged incident that occurred during such a reprimand. Though I was not a witness to the incident, I can speak from my experience in the office (both as a line deputy and supervisor), that such reprimands are an inevitable consequence of taking on a tough, but rewarding job as a deputy prosecutor. In short, it is the Prosecuting Attorney who sets policy. Deputy Prosecutors are expected to comply, so long as said policies are within the bounds of ethical attorney conduct, as defined by the Hawai’i Rules of Professional Conduct.
When you combine the above with the current COVID-19 crisis, pressure to keep the office open after an employee tested positive [thankfully recovered] and resultant stress placed upon all of us, surely one can place this incident in its proper context. It should become clear to this Committee that if any corrective action need be taken, it should be in the form of an intermediate sanction and far short of outright removal. I make this recommendation in light of the discussion that follows.
Mr. Guzman has been a breath of fresh air for the office. Compared to the immediate past prosecutor, our office is all but fully staffed, and the overall morale of the office is vastly improved. We are able to focus on individual cases, better serving the public. We have the personnel to meet challenges, including but not limited to the prosecution of the backlog of jury trials caused by the court’s suspension of jury service due to the current pandemic.
Mr. Guzman has shown a keen interest in community-focused prosecution. I have had the privilege of working with Don on the concept of introducing a pilot program for homeless misdemeanor defendants – The Maui Community Outreach Court – similar to the program on O’ahu. As budget shortfalls loom, the challenge will be to seek funding for such a critical program. I know Mr. Guzman’s leadership, advocacy, and legislative experience will contribute to making this program a reality.
Mr. Guzman has also made highway safety a priority. His establishment of our Vehicular Homicide and Road Safety Unit, focuses on prosecution of traffic fatality cases. This was after 23 people were killed in traffic crashes on Maui County roads last year. He worked with the police, Mothers Against Drunk Driving, and victims’ families to start the unit, and obtained
funding for a new deputy prosecuting attorney position. Also, he advocated for the recent passage of the towing ordinance.
Mr. Guzman also created our Elderly Abuse Unit; whose mission is to work on physical abuse and financial crimes that impact the most vulnerable in our community.
Mr. Guzman’s legislative experience has already greatly contributed to his ability to advocate for victim’s rights, seek funding for the Department to ensure training for deputies and victim-witness counsellors, and provide staff the tools needed to fulfill their critical mission.
I wish to remind you that Mr. Guzman has accomplished all of this, and more, in only 21 months since being appointed to the task. Mr. Guzman is not one to hide in his office fearing the weight of the responsibility he bears; he is one who prefers a proactive problem-solving approach to that which ails our community. Given the challenges of our times, Don has done much to protect and to serve the public (not self or special interests) and that the Department of the Prosecuting Attorney is truly “the People’s Office.”
I hope I am able to speak with you further this Thursday. In the event that I am unable to, I hope my comments are helpful in your consideration of Mr. Guzman’s retention for this important position in our community. The People of Maui look to the Department of the Prosecuting Attorney to make the tough decisions in the administration of justice, tempered with mercy, day in and day out. In Mr. Guzman, we have a leader who possesses core values vital to the mission of the office. I believe it is the best interests of our community to not remove him at this time.
I respectfully ask that you vote “A’ole” with respect to the resolution calling for Mr. Guzman’s removal, and “Ae” with respect to the resolution introduced by Chair Molina, thus maintaining Mr. Guzman in the position of Prosecuting Attorney, County of Maui.
Dear GET Committee Chair Molina and Councilmembers:
I was hired as a deputy prosecuting attorney for Maui County in November of last year. I was welcomed into a supportive office environment, where I felt respected and heard. Since then, I have had many positive experiences with Don Guzman that go beyond the ordinary scope of work. For example, he has encouraged me to combine my passion for the law with my passion for sharing yoga and meditation with others. He authorized and encouraged the formation of an Employee Wellness Committee and regular wellness activities. He also worked with our human resources department to ensure that staff who participated in the short wellness activities and who signed in to verify their attendance at the activities would be paid for that time. Although the activities have been suspended in response to COVID-19, Don’s support of employee well-being was evident. He even participated in some of the meditations with us on the lawn.
Don was also supportive when I approached him after George Floyd’s death to talk about the Black Lives Matter (“BLM”) movement. He understood the importance of the movement and its relevance to the Maui community. He authorized myself and another deputy prosecuting attorney to meet with the Maui Police Department (“MPD”) to discuss a joint statement. This led to Don’s participation in a roundtable discussion on the many issues raised by the BLM movement.
Recently, when our office began receiving letters calling for a thorough investigation into Julian Heyward III’s death, Don did not shy away. He worked on crafting a response, which was sent directly to at least 700 individuals who contacted our office on the matter. The response explained the process, and assured folks that MPD was still investigating and that our office would seek justice based upon the results of the investigation.
I appreciated Don’s willingness to address these matters openly and to take action on them. His door was, of course, also always open for me to discuss issues related to cases, something I availed myself of on more than one occasion. And – pre-COVID times – he was often seen in the small common kitchen area eating a late lunch and greeting everyone that walked by.
To be certain, I am disheartened by Don’s heated response to one of my colleagues. I do not know the details of any investigation into that incident, or the details of any other similar incidents that may have occurred in the past. I support my colleagues' rights to report their concerns and any proportionate disciplinary or rehabilitative action that should be taken to ensure that all feel safe and respected in the workplace. Without details, I cannot weigh in on whether removal is the appropriate remedy. It is, however, a drastic one that should be taken only after careful consideration of all the facts.
What I can say unequivocally is that I have high regard for all of the people I work with. Don is the face of the office, but he came to the helm of a ship that had a stellar crew in place to begin with. It is clear to me that the aloha in our office is part of its fabric. Robert Rivera, Andrew Martin, and all of the current leadership and staff consistently demonstrate what it is to act with compassion and to seek justice. I am lucky to be part of this office and I trust that the Council will thoroughly review this matter before coming to any conclusion.
Thank you for your time and consideration.
Sincerely,
Christina Lizzi
Deputy Prosecuting Attorney
Makawao, HI
I have known Don Guzman since I was in elementary school and our families have developed a great relationship. He has supported me all throughout high school and college. There is no doubt in question when it comes to Don being supportive and reliable.
My past has been unfortunate as I became a rape victim in 2018. It has been a long journey dealing with the justice system and my case. I am not the only one suffering from my trauma but it is people like Don who show us compassion and respect when it comes to helping us survive. I just about gave up on moving forward with my case because of the waiting process until Don said he was able to help me.
Don is like family to me and it was difficult to come forward to him about my case because I already felt embarrassed. Knowing I was still supported by a family friend made me feel more comfortable to proceed with my case. The support and respect Don has shown me through this process has made me feel comfortable and confident. Confident enough to share my story publicly and he has inspired me to help others like me. I am currently financing to start my own nonprofit to help the sexually abused because of Don’s influence of helping me
Don has impacted me and my family in various amounts of ways since I was little. Till this day he has influenced me in tremendous ways.
It has come to my attention that Mayor Victorino is requesting that the Council terminate Don Guzman as the Prosecuting Attorney for the County of Maui over his disciplining of a staff member. First, if raising one's voice, or even yelling or shouting, at a staff member is grounds for termination, then the Mayor will need to tender his resignation. I have seen both the Mayor and Mr. Guzman become upset in the course of their work, and in their communications with their staff members both male and female. If for some valid and legitimate reason, a form of disciplinary action is warranted then termination is always used as a last resort, and not the first remedy.
It is important to note that I have personally experienced Mr. Guzman raise his voice when he was upset, regardless of whether or not the person he was addressing was male or female. Any attempt to portray an alleged incident(s) in any other context, would be, I believe, disingenuous and for an improper purpose.
This action by the Mayor is also clearly pretextual in its nature, as it appears that he has been looking for an opportunity to discharge Mr. Guzman already. Mr. Guzman ran against him for Mayor and the Mayor, apparently, continues to perceive Mr. Guzman as a threat to his own political ambitions. The Mayor also, reportedly, required signed and undated resignation letters by certain Directors of Departments, which Directors can only be terminated by the County Council. If true, that is clearly an attempt by Mr. Victorino to circumvent the County Charter. If the Department of the Corporation Counsel was involved in approving those resignation letters, that also would be, questionably, an abuse of their authority as well, and could be grounds for disciplinary action by the Office of Disciplinary Counsel.
Mr. Guzman, in my opinion, has been doing an admirable job of protecting the residents of Maui County in is role as Prosecuting Attorney, while simultaneously bringing greater integrity and healing to a troubled department which has be in need of reform for many years. I hope that the Council doesn't set a precedent for misusing the termination of a County Director at the request of a Mayor who is acting with highly questionable intent. Again, If any disciplinary action is deemed necessary for any reason deemed valid and legitimate; again, termination is always the last, not the first resort. That is why this action brought by the Mayor, seems to be sought for an improper purpose.
Aloha e Chair Molina, Vice-Chair Rawlins-Fernandez, and esteemed council members of the Governance, Ethics, and Transparency Committee:
I am writing in support of keeping Don Guzman on as Maui County Chief Prosecutor. I acknowledge that it is within the purview of the Mayor to select his department directors. I believe that the tactic of having said directors sign blank dated letters of resignation is unethical, egomaniacal, and very poor in form. It demonstrates a lack of confidence in his selection as well as an insecurity of authority.
I am pleased to hear that the relevant Charter exists, which affords the Maui County Council the ability to check and balance the authority of the Mayor. It provides broader and multiple perspectives. The process also allows time for emotionally charges decisions to temper itself and yield reasonable outcomes.
Micro-management is a system dis-ease within any power filled position. In the short-run, this management style achieves objectives quickly. Moreover, it will also erode the democratic process as well as creative thought. In the long run, it will lead to an organization that is inflexible, immobile, and unimaginative. It will lack the innovative thought and action that we will need as a community in these challenging times.
I support Don Guzman in his position as Maui County Prosecutor. I support his decisions to administer State of Hawai‘i Administrative Rules, Maui County Code Ordinances, and department policies. Likewise, I support his authority in properly and appropriately managing Maui County resources, human and material, within his purview.
Good morning Council Committee Chair Molina and Council members,
My name is Sydney Smith and I own Maliko Estate Coffee in Makawao. I’m co-facilitator of the Ag Working Group and legislative chair for the Maui Coffee Association. This morning I’m testifying on my own behalf.
I’ve know Don Guzman for a long time. In all that time I’m known him to be one of the most ethical people I know. Together we formed the Ag Working Group. After he was newly elected to Council he was assigned what was then called the EAR Committee, which if memory serves was Energy, Environment, Agriculture and Recreation. He decided that if he was tasked with legislative decisions concerning Agriculture he should have some actual farmers to consult. What a concept, right? So he contacted me since I was then the president of Maui Coffee Association and William Jacintho, president of Maui Cattleman’s Association and we set about gathering leaders in all aspects of working agriculture here in Maui County. He met with us weekly and taught us how to write ordinances and most of all listened to our concerns.
Two years ago I testified in support of him becoming our County prosecutor because I knew he’d apply the same ethical standards I saw him exhibit every time we worked on tough issues that faced our Ag community. I trust his judgement and know that whatever decisions he made in his capacity as prosecutor were in the best interest of Maui County. His compassion for victims of crime and the families of those incarcerated within our community are second to none. I urge you to keep him in this position and let him continue his vision of making the Maui County Prosecutor’s office the best it can be.
Thank you for your time.
Sydney Smith
Maliko Estate Coffee
365 Kaluanui Rd.
Makawao, HI 96768
I am writing in support of County Prosecutor Don Guzman. I had the honor or working with him for several years as a member of the Agricultural Working Group which then-Councilman Guzman created as a forum for really hearing, and understanding the needs of the agricultural community.
My observations of Mr. Guzman over the last several years is that he has the upmost integrity, and he strives to learn about issues that may not effect him personally but do effect other people’s lives — and find solutions.
After numerous testimonies in council chambers and dozens of meetings, I have been continuously impressed with the genuine care and concern Mr. Guzman showed regarding the real-life issues of the people.
He has always been approachable and has worked hard to do what is right—not necessarily what is easy.
His reputation is stellar and his standards are high. He has served well as County Prosecutor and deserves to keep this position—and Maui County deserves to have someone of such quality in that position.
Thank you for your consideration.
Sincerely,
Eve Hogan
460 Kaluanui Road
Makawao, HI 96768
808-280-5294
Re: Council GET Committee Agenda Item - 1(3)
Dear Council Members,
During Mr. Guzman’s confirmation hearings I listened carefully to the Council’s questions. I appreciated the care and concern the Council had for the work environment, culture and public perception of the Department of the Prosecuting Attorney.
From personal observation working within this Department, I can say unequivocally that Mr. Guzman has worked tirelessly to address the Council’s concerns and has called the Department as a whole to a higher level.
Under Mr. Guzman’s leadership the Department is now fully staffed, more efficient and organized and Mr. Guzman has fought for the protection of Department employees during this current pandemic.
But more importantly, Mr. Guzman has established multiple new programs and projects designed to protect our citizens and seek justice for victims.
In short, Mr. Guzman is fulfilling the mission of the Department: “To seek justice through competent leadership and integrity, the Prosecuting Attorney ensures that the pursuit of justice is done in a fair, effective and efficient manner through a victim-centered approach in prosecution.”
At this point in time, I am unaware of what violation of County policy would warrant his removal and therefore ask the Council to allow him to remain as the head of the Department to continue the good work he has been doing.
Sincerely,
Kenton Werk
(employed as a Deputy Prosecutor with the Department for the last 13 years)
Good Morning Council Chair Molina and Council Members,
Thank you for your time. My name is Shaleen Davidson, Co-Founder of Magellan Luxury Hotels, Maliko Travel Services, Sandstone Consulting, Film Executive with Bed Bugs Films, and CEO of TruthSeer, a company whose mission it is to bring awareness to mental illness, domestic violence, and recovery from the many forms of addiction.
I have also formerly served in The United States Air Force. With that being said, living my life with integrity is of utmost importance to me. That includes who I associate with.
I have known Don Guzman since I moved here in July 2017. I have always known Don to be a man of good character. Don is a man who is respectful, stands for truth and justice, and willing to put himself aside to help others. Before Covid, I often ran into him at community events.
As a victim of abuse myself, Don has displayed great compassion and a sympathetic demeanor that gave me strength to face my abuser.
Don is a valuable asset to this community, and what he is going though right now, I believe to be unjust. We are in unprecedented times right now where we need to trust those in our government. If Don is removed from his position, I believe it will have a detrimental effect in the community as it will further cause more distrust in our government. We NEED Don and other women and men like him who are committed to the greater good. I trust you see that as well.
With Gratitude,
Shaleen Davidson
sdavidsonmaui@gmail.com
November 3, 2020
Office of Council Services
Governance, Ethics and Transparency Committee
Re: Agenda Item GET-1(3)
Dear Council Members:
I’m providing this letter to you about the role of the Prosecuting Attorney that I hope will give you some insight as you are being called to decide whether to remove Don Guzman as the Prosecuting Attorney. The Prosecuting Attorney for Maui is appointed by the Mayor with the approval of the County Council and is removed by the same process, but this position should always be viewed unlike any other appointed position in the county. Allow me to explain.
I was a Deputy Prosecuting Attorney for twelves year on Maui before moving to the mainland where I was a prosecutor in Nashville, TN and Newport, OR for fourteen years before returning home to Maui last year. I’ve been back at the Maui Prosecutor’s as a Deputy Prosecuting Attorney for about a year. In my time as a prosecutor I’ve served under eight prosecuting attorneys in three states. The last five years in Oregon, I was the Chief Deputy District Attorney (the equivalent to Robert Rivera’s position as First Deputy). Since I first became a prosecutor, it has been emphasized to me by leadership and as I became a leader, I have passed it on, that prosecutors serve a unique position in society. Although we work for the people, we do no work to please those that appoint us or, if elected, those that vote for us. We serve justice. Our duty is to do what is right. Sometimes that entails going against popular opinion or the opinion of the influential or powerful and at times standing alone while still fighting for a case. We also have an ethical duty not to prosecute a case if we do not believe it is in the interest of justice to do so, which can lead to some very unpopular decisions. In my roles as a Deputy Prosecutor and as a supervisor of deputy prosecutors, this is reinforced over and over again. There have been numerous times when I have, either alone or in discussions with other prosecutors, agonized over whether to prosecute or not prosecute a case when there is very strong opinions from outside forces to go one way or another. I believe Don Guzman is committed to having a team of prosecutors that use this same moral compass. I have been inspired to assist in this plan by using my experience and insight to encourage a strong team of prosecutors. This is necessary to keep our office above reproach and focused on our mandate as prosecutors. I hope the elected leaders of Maui County recognize and appreciate those of us willing to take on this role so that when there is a politically sensitive case, you can leave it up to independent prosecutors to make these tough calls. We are willing to do that but must be given the freedom to do so.
Bringing this back to the current situation, should it be determined in the Council’s view that Don Guzman has as a leader behaved in a way that would merit his termination, it is your duty to dismiss him. However, whether Don Guzman stays or someone new is appointed, I ask you to consider our role when you make this important decision. You should hold us accountable, but you must also allow us do what we are called to do, anything short of this renders us ineffective.
Mahalo for your time,
/s/ JW Hupp
From: Nick Drance
Sent: Wednesday, November 4, 1PM
To: GET Committee
RE: Agenda item 1(3)
Subject: Letter of support for Chief Prosecutor Don Guzman
Aloha Chair and Committee Members,
I’m writing to express my support for Mr. Guzman and offer a couple of additional comments. Don has a good reputation for being fair and competent. Surely the amount of testimony supporting him is both telling and significant.
Relieving anyone of their position is a serious matter. In this case, the position significantly affects the interests of the residents of Maui County. Does Mr. Guzman fall outside the protections offered by the laws that speak to the dismissal of personnel? Has the Mayor responded to Committee Chair Molina’s request for specific information related to this? I think the public deserves a yes or no answer about that.
There doesn’t appear to be “Just Cause”, from what I can tell.
While the matter at hand relates to Mr. Guzman, it also speaks to the wider issue of how and why the Mayor determined his course of action. It’s unfortunate that this subject is being viewed by a number of people within a lens that questions the Mayor’s motives.
The Mayor often acts unilaterally, based on his own interests and does not consult the Council on matters that directly affect their constituents. That goes back to the selection of Department Directors. As supervisor of the County Departments, often times the same problem occurs. Has Don acted out of loyalty to residents and this is the result?
It makes sense to question the appropriateness of the Mayor’s action. This whole subject is a very sad state of affairs. Too often, there’s no acknowledgment of the Aloha Spirit in the Executive Branch. More like it’s my way or the highway. Sometimes I feel like I’m observing Chicago style politics. Right here on Maui.
Sincerely,
Nick Drance
Kihei
Please accept this as testimony to the County Council regarding Don Guzman to support his being removed from office as department head of the Prosecuting Attorney's office. I am writing anonymously in spite of being told there are measures in place against retaliation. I do not trust Mr. Guzman, or the system in place to provide protection against any kind of retaliation no matter how small. Be that as it may, the community and County Council should know exactly what has gone on in this office since he was appointed by the Mayor and the County Council. From day one, it was abundantly clear Don Guzman's objective was to further his political agenda and use the Office of the Prosecuting Attorney as a stepping stone to better his chances at a second time mayoral candidate. This is a disservice to the community and victims of crimes. This office is a vital part of keeping our community safe, and to treat it as a political platform is selfish and shameful. It is using victims as pawns and furthering their trauma.
The allegations against Don Guzman are only one of the many incidents that he has "raised his voice." He's done so at meetings with other employees, and chiefs of police with other supervisors in attendance. And while I was not privy to the circumstances surrounding these allegations against him today, I was privy to the office-wide email that was the impetus of this hearing. The employee who complained about Don Guzman, responded to an office-wide email Don Guzman sent out to our office regarding another employee who had tested positive for COVID-19. This email cautioned people not to panic. This employee responded to all, simply asking for more information because they were concerned if they had been exposed to the unnamed employee who had COVID-19, they were worried they would be exposing their family when they returned home from work. Don Guzman replies to the entire office by chastising this employee and reprimanding them for sending an office wide email, and that they are no longer permitted to send office wide emails unless they have permission from their supervisor. His office wide response to the email was incredibly inappropriate, disrespectful, unprofessional, and shameful. In fact, I was embarrassed that the Prosecuting Attorney for the County of Maui, handled it in this way.
To further his inappropriate actions, he purposefully gave a lengthy interview to the Maui News which he then used to text message a number of employees and attached the article "to have a better understanding as to what is going on with me" and asked us to provide "positive testimony" on his behalf. I received this text message as did a few of my co-workers and we agreed Don was acting more like a politician and less of a prosecuting attorney. A politician who should not be running a prosecutor's office.
After reading the article, it was abundantly clear once again, he is trying to further his political agenda, and slam the Mayor while doing so. His statements to the Maui News thwarted responsibility for his actions, and minimized his behavior. EXACTLY what defendant's do when they are being sentenced in court. They fail to take responsibility and place blame on others. Don Guzman is behaving precisely like the defendant's the department prosecutes. He glossed over what he is being accused of and instead attempted to shift blame on the Mayor and muddy the waters to distract everyone from the real reason he is before the County Council.
Don Guzman's first order of business upon his first few weeks in the department was to create interoffice "committees" compromised of deputy prosecutors, to either inspect our budget, create audio/visual PSA's to try and prevent negative media coverage and encourage public relations, and to recruit new employees. These tasks are completely out of our realm of job duties, and have nothing to do with prosecuting crime. Do you think the people of Maui would appreciate knowing their tax dollars are being used to "sign wave" and sit as guests on radio shows, or create videos for PSA's, instead of doing our jobs?? I personally was told to attend three different "committee" meetings entitled "Business Committee," "Recruitment Committee," and "Community Outreach Committee." I was never asked if my caseload allowed for this extra work. It was clear Don Guzman had no idea what I did for a living, nor did he care. He never reached out to learn what I do. We do not have time to appear on tv or radio shows to promote our office. We are a law enforcement agency, and as such, most of what we do is confidential. We do not need to promote our office. We do not need to solicit business. Criminals tend to find us very easily. Therefore, it was obvious this was Don Guzman's way to gather a list of work he has done so he could provide this list of "achievements" when he ran for Mayor again. Which is exactly what he did in the recent Maui News article.
At the "business committee" meeting, Don Guzman started out by saying "we need a business department. The Mayor's office has one, so we will mimic the Mayor's office." A business department? We are not a "business" nor are we the Mayor's office. He also said, "In my mind this department is like a civil law firm." That was when I realized Don Guzman had no idea what my job entails. We are the complete opposite of a civil law firm, but no one can understand this, unless you have worked at a prosecutors office. I immediately questioned whether he understood what this department's functions are.
All of this affects me greatly because I am passionate about my job, and prefer to respect the person running my office since he or she should have the most knowledge about how to do my job. I can not respect my boss when I cannot go to him with complex legal criminal questions. He is not interested in criminal law, nor does he know how to successfully prosecute crimes. To treat this department like a civil firm ignores the serious nature of our jobs, and we should not be used to assist in Don's political agenda or further his political career. Obviously Don intended to use us and this department, to help him in a more successful run at campaigning for Mayor in the future.
I have experienced and heard enough about Don Guzman that he should not be head of a department he knows nothing about. I hope this teaches the County Council and the Mayor a lesson in not choosing one of their own to head a department who is completely inept to run. Which is why I voted YES for the charter amendment on the Managing Director duties, after this debacle. I do not trust the County Council or the Mayor to choose the right person. JD Kim was chastised for many things that don't come close to the allegations against Don Guzman. Yet Don Guzman was a better choice??? At least JD Kim was highly knowledgeable on how to prosecute crimes, which should be the first criteria met when selecting a prosecuting attorney.
Dear Maui County Council,
I have known Don Guzman his whole life. I am his sister and no-one other than our parents know him better than I. Don has always had a kind heart. Even as a child, he was constantly looking for ways to do nice things for others. I think it was because as children we were raised by parents and grandparents who worked in public service and believed in putting others before yourself. This is Don, and it is genuine.
Don is also a man of great faith. He is not perfect, but no one is. We all try to do our very best to live a life of goodness under God's good graces. The Don that I know from the time we were kids to now, is a person that is patient, humble and soft spoken. He is jovial and has always had a knack of making people feel at ease. Of course, my brother can be passionate about things- but who doesn't enter a life of public service or politics that doesn't give their all in what they believe in. People who have had the pleasure of getting to know Don whether it is for a problem they are struggling with or a project they want done, know that if you have Don on your side, he will never let you down.
Don is a person of strong character and a positive attitude who cares very deeply about his family, his friends and his community. Over the many years, he has done a lot for Maui. While on the Maui County Council, he was known to be fair and open-minded about things using his knowledge of the law to help pass legislation. He also served as a mentor for many of the youth as can be seen by his popularity by Maui's young people. I hope you will strongly consider his many years of dedicated and unwavering service to the people of Maui and vote to allow Don to continue to serve as Maui County's Head of the Prosecutor's Office. He deserves this chance and the people of Maui deserve someone like Don.
Sincerely,
Josephine I Guzman-Wadman, MD
Aloha,
I have known Don Guzman over the past few years and consider him to be one of the main reasons behind my fondness for public service. Throughout my time as his intern, Don has shown to be an enthusiastic, involved leader who will always go out of his way to redefine the standards of Maui County.
I have never known Don to be stagnant as he always seeks improvement through new ideas and concepts. I was fortunate enough to be a part of the prosecuting attorney’s pilot internship program for undergrads interested in law, which was Don’s vision specifically meant to build enthusiasm for justice at a young age. Additionally, I was able to watch Don construct his elderly abuse division from the ground up while taking the initiative to learn from and protect the most vulnerable people in our community.
I am very fortunate to have been Don’s intern. He has given me many opportunities that I would not have experienced if it were not for his desire to educate the keiki of Maui. His courteous professional manner has never ceased to impress me, and he is always willing to take criticism with a smile on his face. His passion for public service and improvement should not be taken for granted.I trust his mental and emotional aptitude as prosecutor, and in the face of doubt believe his impressive track record of public service stands for itself.
Mahalo,
Aiden Velasco
I started working on Maui was as the first Law Clerk for the Honorable Shackley F. Raffetto (Ret.) between 1994-1995. I worked for the Law Firm of Lowenthal & August, as an Associate Attorney between 1995-2000, and then formed by own solo practice in the area of criminal defense in 2000.
I first met Donald Guzman when he worked as a Deputy Prosecuting Attorney for the County of Maui, when I represented a client charged with driving under the influence. Don understood well his role as a Deputy Prosecuting Attorney and was industrious and knowledgeable in the area of criminal case law and procedure and had the ability to write well. I remember a case, dating back to 2002, where we were both facing a per diem Judge and based upon the sworn statement contained in the police report, at the hearing, I was able get the police officer to repeat his sworn statement on the stand, which resulted in the oral granting of the motion to suppress evidence, with a request by the per diem Judge for a proposed written order to be submitted by both Don and myself. Don did an excellent job of preparing his proposed Findings of Fact, Conclusions of Law and Order. The Judge adopted every word in every paragraph submitted by Don except one, so while the motion to suppress was granted, it was a hollow victory, that resulted in a conviction for the driving under the influence charge.
Donald Guzman has always impressed me with his knowledge of criminal case law and procedure and is friendly and approachable. I believe the Office of the Prosecuting Attorney is, by its very nature, a political job and Donald Guzman is extremely well qualified to perform the job as the Prosecutor for the County of Maui, via both by his knowledge of criminal law from his prior experience working at the Prosecutor’s Office and because of his years of service on the Maui County Council, as a politician. We have not had a Prosecutor that possessed both the experience as a Politian and having worked at the Office of the Prosecuting Attorney, as a Deputy Prosecuting Attorney. Donald Guzman can relate to the needs of new deputy attorney hires and of those deserving of promotions, as well as the politics of the complete office, including the important role the support staff plays in the organization of Office of the Prosecuting Attorney.
Under the Maui County Charter, the Prosecuting Attorney may be removed by the mayor with the approval of the County Council. It is my understanding that the mayor of Maui County is seeking the approval of the Maui County Council to remove Donald Guzman as the Prosecutor for Maui County.
It is my understanding that a week after Donald Guzman’s appointment was confirmed by the County Council, Mayor Mike Victorino wished Donald Guzman to sign a resignation letter with the date left blank. Such a request by Mayor Mike Victorino would circumvent the County Charter, usurping Maui County council’s charter authority (obligation) to approve a decision as to whether or not to remove the Prosecutor for the County of Maui the final decision causing the checks and balances to be ignored and denying the council its authority and power. Mayor Mike Victorino must be questioned if he understood at the time he asked Donald Guzman to sign a resignation letter with the date left blank if he understood it was a violation of the 2016 amendment to the County Charter, as such a pre-signed resignation letter would be contrary to the 2016 County Charter’s Amendment to institute checks and balances of power.
Mayor Mike Victorino used his emergency powers and imposed a quarantine on all residents of Maui County and chose to employ a full misdemeanor as the penalty for anyone that violated the law the Mayor chose, even if the person was at a public beach, alone in a beach chair, with no one else within six or more feet from them. I understand police issued over 1,000 citations for the violation of Mayor Mike Victorino’s public health emergency rule. Due to Covid-19, the Second Circuit Court (here in Wailuku) delayed any jury trials for several months and currently has a major backlog of pending jury trials. Had Donald Guzman, in his role as Prosecuting Attorney not chosen to amend most cases to a local Maui County Code violation with a fine, the Second Judicial Circuit would have at least 1,000 additional jury trials to deal with, which would have been an untenable situation. The Hawai’i State legislature amended Driving Under the Influence penalties (H.R.S. Section 291-4, effective August 1, 1991), to reduce the penalty so no jury trial requests were possible, because every attorney on behalf of their defendant clients began to demand jury trials, which no judicial circuit could handle. Prosecutor Donald Guzman was well aware of this history and dealt with the matter properly. No judicial circuit and certainly not the Second Judicial Circuit with only four Courtrooms could accommodate a 1,000 case increase in the amount of jury trial requests or all defendants charged with serious felonies, as well as the quarantine misdemeanor would have their cases dismissed for failure to comply with Rule 48 of the Rules of Penal Procedure, often referred to as “speedy trial.”
Finally, it is also my understanding that Mayor Mike Victorino ordered that Robert Rivera serve as the First Deputy Prosecuting Attorney, even though the Maui County Charter assigns the duty to the Prosecuting Attorney, to appoint all deputy prosecuting attorneys.
Sincerely,
Graham Daniel Mottola
RE: Don Guzman
Maui County Prosecutor
To Whom It May Concern,
I have known Don Guzman for about 12 years. The first time I met Don was at a fundraiser function for the Maui High band at the former Maui Prince Hotel. He sat at our table and we had a chance to chat about his background and family. My first impression of Don was that he was very personable and a good listener.
Over the years, it has been a privilege to get to know Don on a personal level. He has shown that he really cares for the Maui community and the well being of people that live on this island. He has served tirelessly with great leadership, honesty and dedication.
Don has proven himself as an excellent leader and team player and is a valuable asset to this community.
Sincerely,
Joelle Keller
Wailuku, Hawaii
Dear Council GET Committee,
I am writing this letter in support of Attorney Don Guzman. During his time as the Prosecuting Attorney, Don Guzman has shown a great deal of devotion and enthusiasm for his work. He does his responsibilities by going above and beyond his duty. I really appreciate and thank Don for the fantastic job he has been doing for our community and to the island as a whole. One of Don’s major accomplishments is the Maui Lani roundabout, a project that he advocated during his term in the County, which has truly helped the community in terms of efficient and safe driving.
Don Guzman has been tirelessly working hard to keep his Department going, especially during this time of the pandemic. Not only has he displayed an excellent quality of work for the safety of his employees but also his tremendous work by bringing justice to crime victims and improving the safety of Maui County. He manages his leadership skills impressively and in an excellent way.
I have witnessed Don Guzman in public and private affairs which he has shown a genuine personality and a positive approach to any situation. These qualities that Don has, have encouraged me to continue to support him as a qualified and outstanding attorney. I highly suggest to kindly keep Don at his position as the Prosecuting Attorney. Thank you for your time and hard work.
Sincerely,
Conchita Rivera
Retired teacher, Makawao Elementay School
1(808) 268-7828
Dear Council GET Committee,
I am writing this letter in support of Attorney Don Guzman who is most fitting for the Prosecuting Attorney position. I have known Don to be very passionate, knowledgeable, and having good leadership skills. He has an ardent desire to keep Maui County safe by placing justice on those crime victims.
Don Guzman has always been positive in all types of situations and always includes God’s guidance above all else. Don is a strong leader in the community, a devoted husband to his wife and a great role model to his three children.
During Don’s time as the Prosecuting Attorney, he always seems to prioritize the safety of those under him. Especially during the time when the Prosecuting Attorney department was undergoing some stress due to the COVID-positive in their office, Don was able to handle the situation gracefully and following within the Mayor’s guidelines.
I have been an active supporter of Don Guzman ever since his running for Mayor, due to his great qualities of strong leadership, passion towards the Maui community, and genuine personality. Thank you for your time and I hope you have a wonderful day.
Sincerely,
Eliza Mariano
Kahului, Maui, HI
(808)344-7524
Elilzem21@gmail.com
Re: Agenda Item GET -1(3)
Aloha Maui County Council Members
I want to thank the Maui County Council for allowing testimony on this resolution. I trust that the council and this public meeting will give the matter the proper due process it deserves. We can all agree that transparency builds public trust.
I am writing on behalf of Don Guzman who I know personally as a friend and as a constituent when he held public office. It was a shock to read about Don’s situation in the Maui News. While I can’t speak to the reasons behind the resolution, I will commend Don for standing up for what is right and bringing wider transparency to the matter.
The request for pre-signed resignation letters is unheard of. It goes without saying that such a request in itself is fundamentally wrong. There is a fine line between a request and a requirement. Subordinates are susceptible to bullying tactics when their livelihood is at the mercy of a pre-signed resignation letter. Sooner or later, they find themselves choosing between Job security over doing the right thing.
Members of the Maui County Council, you have the opportunity to fix this. Make the prosecuting attorney an elected position. It should be independent of the executive branch and accountable to the voting public that elects them into office. We the voters should have a say and the ability to vote for the candidate we feel has the best vision for our county’s justice system. This ensures transparency and accountability for the office. We have seen, on the national stage, what happens when the justice system lacks independence from the executive branch. Honolulu County, Kauai County, and Hawaii County all elect their prosecuting attorney. It’s about time we do the same for Maui.
I will tell you that Don Guzman is a hard working public servant that is progressive, intelligent, and truly cares about our community. Maui county is fortunate to have him in public service and he deserves the chance to continue shaping the justice department he was appointed to lead. I trust the council will be fair in its investigation and judgement.
Sincerely,
Greg Cabanting
Kahului, Maui
Re: RETENTION OF DONALD GUZMAN, ESQ. TO THE POSITION OF PROSECUTING ATTORNEY FOR THE COUNTY OF MAUI
Aloha kakahiaka Chairman Molina and Members of the Committee;
On March 11, 2019, I wrote this Committee to support the appointment of Donald S. Guzman, Esq., as Prosecuting Attorney for the County of Maui.
As a deputy prosecutor appointed by Mr. Guzman with a combined total of 29 years’ experience with the Department of the Prosecuting Attorney, County of Maui, I write to you today to respectfully ask you deny the resolution entitled “APPROVING THE REMOVAL OF PROSECUTING ATTORNEY DONALD S. GUZMAN,” and approve the resolution, introduced by Chair Molina, entitled “DISAPPROVNG THE REMOVAL OF PROSECUTING ATTORNEY DONALD S. GUZMAN.”
The Prosecuting Attorney for the County of Maui bears a tremendous responsibility to the community. As head of the office, they are accountable for literally hundreds of decisions made every day, that affect the lives of those suspected and accused of criminal conduct, as well as those who are victims of crime. The Prosecuting Attorney’s name appears on all charges filed in court within the County of Maui, as well as all court documents to include motions and dismissals of charges. Whether they are cases involving impaired driving, property crimes, domestic violence, or murder and other serious felonies, it is the Prosecuting Attorney who bears ultimate responsibility for the decisions made with respect to those cases – which cases to charge, to settle, to take to trial, as well as when to impose prison or allow an offender an opportunity on probation and drug treatment. In essence, not only is the Prosecuting Attorney responsible for the daily administration of an office with over 70 employees including approximately 30 attorneys. The Prosecuting Attorney ultimately bears responsibility for all decisions made in criminal cases in Maui County.
Given this reality it is inevitable that on occasion, corrective action must be taken, and a deputy prosecutor must be reprimanded. Apparently, Mr. Guzman is before this Committee based on an on an alleged incident that occurred during such a reprimand. Though I was not a witness to the incident, I can speak from my experience in the office (both as a line deputy and supervisor), that such reprimands are an inevitable consequence of taking on a tough, but rewarding job as a deputy prosecutor. In short, it is the Prosecuting Attorney who sets policy. Deputy Prosecutors are expected to comply, so long as said policies are within the bounds of ethical attorney conduct, as defined by the Hawai’i Rules of Professional Conduct.
When you combine the above with the current COVID-19 crisis, pressure to keep the office open after an employee tested positive [thankfully recovered] and resultant stress placed upon all of us, surely one can place this incident in its proper context. It should become clear to this Committee that if any corrective action need be taken, it should be in the form of an intermediate sanction and far short of outright removal. I make this recommendation in light of the discussion that follows.
Mr. Guzman has been a breath of fresh air for the office. Compared to the immediate past prosecutor, our office is all but fully staffed, and the overall morale of the office is vastly improved. We are able to focus on individual cases, better serving the public. We have the personnel to meet challenges, including but not limited to the prosecution of the backlog of jury trials caused by the court’s suspension of jury service due to the current pandemic.
Mr. Guzman has shown a keen interest in community-focused prosecution. I have had the privilege of working with Don on the concept of introducing a pilot program for homeless misdemeanor defendants – The Maui Community Outreach Court – similar to the program on O’ahu. As budget shortfalls loom, the challenge will be to seek funding for such a critical program. I know Mr. Guzman’s leadership, advocacy, and legislative experience will contribute to making this program a reality.
Mr. Guzman has also made highway safety a priority. His establishment of our Vehicular Homicide and Road Safety Unit, focuses on prosecution of traffic fatality cases. This was after 23 people were killed in traffic crashes on Maui County roads last year. He worked with the police, Mothers Against Drunk Driving, and victims’ families to start the unit, and obtained
funding for a new deputy prosecuting attorney position. Also, he advocated for the recent passage of the towing ordinance.
Mr. Guzman also created our Elderly Abuse Unit; whose mission is to work on physical abuse and financial crimes that impact the most vulnerable in our community.
Mr. Guzman’s legislative experience has already greatly contributed to his ability to advocate for victim’s rights, seek funding for the Department to ensure training for deputies and victim-witness counsellors, and provide staff the tools needed to fulfill their critical mission.
I wish to remind you that Mr. Guzman has accomplished all of this, and more, in only 21 months since being appointed to the task. Mr. Guzman is not one to hide in his office fearing the weight of the responsibility he bears; he is one who prefers a proactive problem-solving approach to that which ails our community. Given the challenges of our times, Don has done much to protect and to serve the public (not self or special interests) and that the Department of the Prosecuting Attorney is truly “the People’s Office.”
I hope I am able to speak with you further this Thursday. In the event that I am unable to, I hope my comments are helpful in your consideration of Mr. Guzman’s retention for this important position in our community. The People of Maui look to the Department of the Prosecuting Attorney to make the tough decisions in the administration of justice, tempered with mercy, day in and day out. In Mr. Guzman, we have a leader who possesses core values vital to the mission of the office. I believe it is the best interests of our community to not remove him at this time.
I respectfully ask that you vote “A’ole” with respect to the resolution calling for Mr. Guzman’s removal, and “Ae” with respect to the resolution introduced by Chair Molina, thus maintaining Mr. Guzman in the position of Prosecuting Attorney, County of Maui.
Mahalo nui loa,
Mark R. Simonds
I am writing in support of County Prosecutor Don Guzman.
Please proceed with an investigation to determine if the Mayor has solicited undated letters of resignation. If so impeach him!
Thank you,
George Chyz
Haiku, Maui
Dear GET Committee Chair Molina and Councilmembers:
I was hired as a deputy prosecuting attorney for Maui County in November of last year. I was welcomed into a supportive office environment, where I felt respected and heard. Since then, I have had many positive experiences with Don Guzman that go beyond the ordinary scope of work. For example, he has encouraged me to combine my passion for the law with my passion for sharing yoga and meditation with others. He authorized and encouraged the formation of an Employee Wellness Committee and regular wellness activities. He also worked with our human resources department to ensure that staff who participated in the short wellness activities and who signed in to verify their attendance at the activities would be paid for that time. Although the activities have been suspended in response to COVID-19, Don’s support of employee well-being was evident. He even participated in some of the meditations with us on the lawn.
Don was also supportive when I approached him after George Floyd’s death to talk about the Black Lives Matter (“BLM”) movement. He understood the importance of the movement and its relevance to the Maui community. He authorized myself and another deputy prosecuting attorney to meet with the Maui Police Department (“MPD”) to discuss a joint statement. This led to Don’s participation in a roundtable discussion on the many issues raised by the BLM movement.
Recently, when our office began receiving letters calling for a thorough investigation into Julian Heyward III’s death, Don did not shy away. He worked on crafting a response, which was sent directly to at least 700 individuals who contacted our office on the matter. The response explained the process, and assured folks that MPD was still investigating and that our office would seek justice based upon the results of the investigation.
I appreciated Don’s willingness to address these matters openly and to take action on them. His door was, of course, also always open for me to discuss issues related to cases, something I availed myself of on more than one occasion. And – pre-COVID times – he was often seen in the small common kitchen area eating a late lunch and greeting everyone that walked by.
To be certain, I am disheartened by Don’s heated response to one of my colleagues. I do not know the details of any investigation into that incident, or the details of any other similar incidents that may have occurred in the past. I support my colleagues' rights to report their concerns and any proportionate disciplinary or rehabilitative action that should be taken to ensure that all feel safe and respected in the workplace. Without details, I cannot weigh in on whether removal is the appropriate remedy. It is, however, a drastic one that should be taken only after careful consideration of all the facts.
What I can say unequivocally is that I have high regard for all of the people I work with. Don is the face of the office, but he came to the helm of a ship that had a stellar crew in place to begin with. It is clear to me that the aloha in our office is part of its fabric. Robert Rivera, Andrew Martin, and all of the current leadership and staff consistently demonstrate what it is to act with compassion and to seek justice. I am lucky to be part of this office and I trust that the Council will thoroughly review this matter before coming to any conclusion.
Thank you for your time and consideration.
Sincerely,
Christina Lizzi
Deputy Prosecuting Attorney
Makawao, HI
I have known Don Guzman since I was in elementary school and our families have developed a great relationship. He has supported me all throughout high school and college. There is no doubt in question when it comes to Don being supportive and reliable.
My past has been unfortunate as I became a rape victim in 2018. It has been a long journey dealing with the justice system and my case. I am not the only one suffering from my trauma but it is people like Don who show us compassion and respect when it comes to helping us survive. I just about gave up on moving forward with my case because of the waiting process until Don said he was able to help me.
Don is like family to me and it was difficult to come forward to him about my case because I already felt embarrassed. Knowing I was still supported by a family friend made me feel more comfortable to proceed with my case. The support and respect Don has shown me through this process has made me feel comfortable and confident. Confident enough to share my story publicly and he has inspired me to help others like me. I am currently financing to start my own nonprofit to help the sexually abused because of Don’s influence of helping me
Don has impacted me and my family in various amounts of ways since I was little. Till this day he has influenced me in tremendous ways.
Dear County Councilmembers,
It has come to my attention that Mayor Victorino is requesting that the Council terminate Don Guzman as the Prosecuting Attorney for the County of Maui over his disciplining of a staff member. First, if raising one's voice, or even yelling or shouting, at a staff member is grounds for termination, then the Mayor will need to tender his resignation. I have seen both the Mayor and Mr. Guzman become upset in the course of their work, and in their communications with their staff members both male and female. If for some valid and legitimate reason, a form of disciplinary action is warranted then termination is always used as a last resort, and not the first remedy.
It is important to note that I have personally experienced Mr. Guzman raise his voice when he was upset, regardless of whether or not the person he was addressing was male or female. Any attempt to portray an alleged incident(s) in any other context, would be, I believe, disingenuous and for an improper purpose.
This action by the Mayor is also clearly pretextual in its nature, as it appears that he has been looking for an opportunity to discharge Mr. Guzman already. Mr. Guzman ran against him for Mayor and the Mayor, apparently, continues to perceive Mr. Guzman as a threat to his own political ambitions. The Mayor also, reportedly, required signed and undated resignation letters by certain Directors of Departments, which Directors can only be terminated by the County Council. If true, that is clearly an attempt by Mr. Victorino to circumvent the County Charter. If the Department of the Corporation Counsel was involved in approving those resignation letters, that also would be, questionably, an abuse of their authority as well, and could be grounds for disciplinary action by the Office of Disciplinary Counsel.
Mr. Guzman, in my opinion, has been doing an admirable job of protecting the residents of Maui County in is role as Prosecuting Attorney, while simultaneously bringing greater integrity and healing to a troubled department which has be in need of reform for many years. I hope that the Council doesn't set a precedent for misusing the termination of a County Director at the request of a Mayor who is acting with highly questionable intent. Again, If any disciplinary action is deemed necessary for any reason deemed valid and legitimate; again, termination is always the last, not the first resort. That is why this action brought by the Mayor, seems to be sought for an improper purpose.
Sincerely,
Christopher P. Fishkin
Aloha e Chair Molina, Vice-Chair Rawlins-Fernandez, and esteemed council members of the Governance, Ethics, and Transparency Committee:
I am writing in support of keeping Don Guzman on as Maui County Chief Prosecutor. I acknowledge that it is within the purview of the Mayor to select his department directors. I believe that the tactic of having said directors sign blank dated letters of resignation is unethical, egomaniacal, and very poor in form. It demonstrates a lack of confidence in his selection as well as an insecurity of authority.
I am pleased to hear that the relevant Charter exists, which affords the Maui County Council the ability to check and balance the authority of the Mayor. It provides broader and multiple perspectives. The process also allows time for emotionally charges decisions to temper itself and yield reasonable outcomes.
Micro-management is a system dis-ease within any power filled position. In the short-run, this management style achieves objectives quickly. Moreover, it will also erode the democratic process as well as creative thought. In the long run, it will lead to an organization that is inflexible, immobile, and unimaginative. It will lack the innovative thought and action that we will need as a community in these challenging times.
I support Don Guzman in his position as Maui County Prosecutor. I support his decisions to administer State of Hawai‘i Administrative Rules, Maui County Code Ordinances, and department policies. Likewise, I support his authority in properly and appropriately managing Maui County resources, human and material, within his purview.
Kyle K. Nakanelua
Ha‘ikū, Maui
GET Committee 1(3)
Good morning Council Committee Chair Molina and Council members,
My name is Sydney Smith and I own Maliko Estate Coffee in Makawao. I’m co-facilitator of the Ag Working Group and legislative chair for the Maui Coffee Association. This morning I’m testifying on my own behalf.
I’ve know Don Guzman for a long time. In all that time I’m known him to be one of the most ethical people I know. Together we formed the Ag Working Group. After he was newly elected to Council he was assigned what was then called the EAR Committee, which if memory serves was Energy, Environment, Agriculture and Recreation. He decided that if he was tasked with legislative decisions concerning Agriculture he should have some actual farmers to consult. What a concept, right? So he contacted me since I was then the president of Maui Coffee Association and William Jacintho, president of Maui Cattleman’s Association and we set about gathering leaders in all aspects of working agriculture here in Maui County. He met with us weekly and taught us how to write ordinances and most of all listened to our concerns.
Two years ago I testified in support of him becoming our County prosecutor because I knew he’d apply the same ethical standards I saw him exhibit every time we worked on tough issues that faced our Ag community. I trust his judgement and know that whatever decisions he made in his capacity as prosecutor were in the best interest of Maui County. His compassion for victims of crime and the families of those incarcerated within our community are second to none. I urge you to keep him in this position and let him continue his vision of making the Maui County Prosecutor’s office the best it can be.
Thank you for your time.
Sydney Smith
Maliko Estate Coffee
365 Kaluanui Rd.
Makawao, HI 96768
808-268-3646
Aloha Council Members,
I am writing in support of County Prosecutor Don Guzman. I had the honor or working with him for several years as a member of the Agricultural Working Group which then-Councilman Guzman created as a forum for really hearing, and understanding the needs of the agricultural community.
My observations of Mr. Guzman over the last several years is that he has the upmost integrity, and he strives to learn about issues that may not effect him personally but do effect other people’s lives — and find solutions.
After numerous testimonies in council chambers and dozens of meetings, I have been continuously impressed with the genuine care and concern Mr. Guzman showed regarding the real-life issues of the people.
He has always been approachable and has worked hard to do what is right—not necessarily what is easy.
His reputation is stellar and his standards are high. He has served well as County Prosecutor and deserves to keep this position—and Maui County deserves to have someone of such quality in that position.
Thank you for your consideration.
Sincerely,
Eve Hogan
460 Kaluanui Road
Makawao, HI 96768
808-280-5294