Meeting Time: November 05, 2020 at 9:00am HST

Agenda Item

GET-1(3) APPOINTMENT AND REMOVAL OF ADMINISTRATIVE HEADS OF DEPARTMENTS (PROSECUTING ATTORNEY) (GET-1(3))

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    Saucy Walter about 4 years ago

    Good morning, Ladies and Gentlemen of the Council,

    I am an investigator in the Department (though on a vacation day today). I have been so employed since 2016, so I worked under the previous Prosecuting Attorney J. D. Kim, and since his selection, under Don. S. Guzman. I can easily say that our Department is far better in many ways since Mr. Guzman's appointment. I would never have dared to write anything against Mr. Kim for fear of retaliation, but the aura and environment since he left has been much lighter, more professional, and more positive.

    A few examples: In my unit, we operated shorthanded for years. Mr. Kim promised to fill the vacant positions, but didn't. Despite his false testimony (in hearings in 2019) that our unit was responsible for most of the overtime spent, we continued to do our very best-even when his Administrative Officer failed to order essential supplies for us. We were finally allowed to fill one vacant position in late 2018-but not the other, despite the ever increasing caseload.

    Mr. Guzman immediately sought ways to help our unit and others in the Department. He met with everyone over his first few weeks, and began tracking the overtime expense and reducing unneeded expenditures. He prioritized the hiring of staff to fill the long existing pukas-whether the positions were attorneys, investigators, or administrative ones. He solicited attorneys from all over the country, broadening the diversity of the Department. He listened to people-a giant and very welcome change.

    Since March of 2019, the Department has come a long way-and Mr. Guzman is responsible for much of that forward movement. He is passionate about his work, and expects others to treat it with the same dedication. He is open to suggestions, and has created new units as well as improved technology and production means for the Department. He has more fairly distributed training opportunities, and has reduced the "haves vs have nots" perception encouraged by Mr. Kim.

    As we headed into the Covid era, Mr. Guzman held meetings and made sure his staff ordered the supplies they could and needed, for all of the employees. He and his Administrative Officer did their best to adapt the facilities and workspaces for employees' safety and protection, all the while also trying to stay within guidelines and new rules as they were adopted. Exposure risks, incidents, mass testing, emergency cleanings--he was part of, or directed, all of them. The stress on all employees and Mr. Guzman has been very high-and people have certainly sometimes reacted by raising their voice. He is not the first to do so, and I doubt he will be the last. That said, I cannot imagine he has anything but regret for doing so.

    Mr. Guzman has brought pride and a unified sense of purpose back to the Department. He has encouraged open and honest communication, community involvement, and advances in technology to reduce costs and make discovery more streamlined. He has been open to new ideas and suggestions for improvement. He confronts issues directly, and doesn't encourage gossip or toxic behavior as was common under Mr. Kim. He has built a much more cohesive and effective Department than the one I joined in 2016.

    I would never have dared to write something like this under Mr. Kim. Never. Under Mr. Guzman, I feel I still have the rights of any other citizen/employee. I urge the Council to reject the removal of Mr. Guzman. Raising one's voice to a subordinate isn't acceptable, but I believe basing a termination on one incident is unfair. I believe his overall management and performance need to be considered before making such a decision. Fairness and balance require a wide view, not a narrow one.

    I sincerely thank the Council for reading this and considering my submission.
    Saucy Walter
    Investigator
    November 2, 2020

  • Default_avatar
    William McCormack about 4 years ago

    Dear Council Members,

    I am pleased to know Don Guzman. He is a person of integrity and passion for his job. I am aware of the many articles in our local news that have highlighted some of his difficult and important tasks as County Prosecutor.

    As prosecuting attorney for Maui County he has acted wisely on the recent cases involving releasing prisoners during the COVID-19 pandemic. He has had challenges with deciding who to prosecute and who not to prosecute regarding COVID-19 rules violators - based on the letter of the law. Recently he has set up a dedicated position for deputy prosecutor Brandon Segal to deal with the Vehicular Homicide and Road Safety Unit to keep our roads safer from repeated drunk driving offenders.

    My wife Kathy and myself firmly support Don Guzman to maintain his current position of County Prosecutor.

    William J. McCormack, MD
    Kathryn McCormack, RN
    Kula, HI 96790

  • Default_avatar
    Rosalie Teed about 4 years ago

    I am a second year student at Harvard Law School. This summer I participated in the Maui County Department of the Prosecuting Attorney Internship Program that Don Guzman started. The program was a valuable experience for me, and I am so grateful to Mr. Guzman for setting it up and giving me the opportunity to participate.
    During your first summer at Harvard Law, you are encouraged to explore the public interest sector with a job at a prosecutor’s office, public defender’s office, or a non-profit organization like the ACLU. Of all my classmates, I can easily say I had one of the best summer experiences here on Maui. Through the Maui program I really got a feel for the workings of a prosecutor’s office and the value it brings to the community. I was introduced to all different departments, and was given meaningful work that made me feel that my perspective was appreciated and that the attorneys took a vested interest in my development as a future lawyer. It is this sense of involvement and respect, fostered by the ambitious and challenging program here on Maui, that makes me feel attached to the County and want to return here.
    My intern cohort, made up of current and prospective students at UH’s Richardson Law School, were all both wonderful people and intelligent, thoughtful prospective attorneys. I am grateful for the opportunity to have met and worked with them, and think they commend the Maui program.
    During this tumultuous time, I could not have felt more welcome and cared for than at the Prosecutor’s Office. It was apparent that the office had my best interests at heart, and provided me with a safe space to explore academically and grow professionally. Mr. Guzman was an excellent mentor and thoughtful advisor––I hope to have the opportunity to work with him again.