HAGÅTÑA (The Guam Daily Post) — As the Office of the Attorney General continues its investigation into purchase orders, procurements, contracts, reports and other documents, another agency has moved to quash a subpoena from the OAG.
Department of Administration Director Edward Birn filed a motion Monday asking the Superior Court of Guam to quash a subpoena issued to the General Services Agency on June 13.
Birn stated that DOA is not aware of the general subject of the OAG investigation, but said it appeared “overly broad and unreasonable.”
“The broadness of the subpoena amounts to a fishing expedition,” Birn stated in the motion. “The subpoena was issued in the aftermath of Typhoon Mawar, during a time in which the DOA is actively engaging in the emergency response efforts.”
The OAG had also issued subpoenas to Guam Homeland Security/Office of Civil Defense, as well as to the power and water utilities and their oversight body, the Consolidated Commission on Utilities.
‘Fishing expedition’
The term “fishing expedition” has been used multiple times to describe the subpoenas.
Some of the documents requested relate to, or appear to relate to, Typhoon Mawar response and preparation. But the OAG also sought documents from well before the storm, such as the case with inspection and assessment records for water well pump generators, ranging from October 2022 to the present.
The OAG commanded GHS/OCD to provide purchase orders, quote solicitations, correspondence with the Office of the Governor, GSA, or any vendor, and procurement-related correspondence from May 1 to the present.
In GSA’s case, the OAG generally sought contracts, purchase orders and other procurement-related documents from May 1 to the present.
Typhoon talk show
But the OAG also specifically wanted any correspondence between GSA and Sorensen Media Group within that time period.
The government had purchased air time from Sorenson for a post-typhoon talk show, a decision that drew criticism from Attorney General Douglas Moylan and other elected officials. The AG has said that his office was in the process of investigating any procurement and ethics law violations.
Documents previously provided to The Guam Daily Post showed an initial purchase of $10,000, which would pay for two two-hour shows weekdays on Newstalk K-57 and a pair of television stations for a two-week period. The order was then adjusted to $60,000 to include simulcasts on three more radio stations operated by Sorensen.
Jenna Blas, spokesperson for GHS/OCD, said a final invoice would be based on services provided. Payment would be made only for services rendered, Blas had said, regarding what would happen if the radio station went off-air during the talk show period.
‘Overly broad and unreasonable’
The OAG also wanted GSA to provide any correspondence related to purchase orders entered into from May 1 to the present, including correspondence with the governor’s office, and any correspondence between GSA and GHS/OCD within that same time frame.
“The DOA cannot know the general subject matter of the investigation, but it appears overly broad and unreasonable and amounts (to) a fishing expedition. A subpoena fashioned in this way is not just unreasonable, but would divert critical personnel and resources from the response efforts and hinder the necessary services to the people of Guam,” Birn stated in his motion to quash the OAG subpoena.
The motion was filed concurrent with a motion to disqualify and a request for appointment of counsel because DOA cannot proceed with the quash motion without legal representation, Birn stated.
GHS/OCD had also filed a motion to quash the OAG subpoena submitted to their custodian of records. Attorneys for the Office of the Governor represent GHS/OCD in that matter.
When asked for comment on the OAG subpoenas, Gov. Lou Leon Guerrero said Wednesday that she did not really know what the AG is trying to investigate.
The power and water utilities are public corporations, not line agencies, and are in the direct purview of the CCU. Unlike GHS/OCD and DOA, the utilities have complied with the OAG subpoena, according to CCU member Simon Sanchez.
The CCU, which has been commanded to appear before an investigative grand jury today, will also comply with their subpoena, Sanchez has said.
Department of Administration Deputy Director Elizabeth Fisher, left, and Director Edward Birn, right, give testimony during a budget hearing before the Guam Legislature May 16, 2023, in the Public Hearing Room of the Guam Congress Building in Hagåtña.
