For almost twenty years she's been at the forefront of ensuring Guam's artifacts are preserved, researched and investigated, but now Lynda Aguon finds herself fighting to preserve her employment.

"This smells of retaliation," Guam Federation of Teachers' Robert Koss who represents Lynda Aguon said.

Aguon is the Guam State Historic Preservation Officer and Supervisor of the Guam Historic Resources Division which falls under the Department of Parks and Recreation.

KUAM News has confirmed Aguon was terminated on Tuesday.  Koss believes it is in response to a grievance she filed on April 8th related to a GHRD employee under her direct supervision that was detailed to the DPR Director's Office.

Aguon conveyed her displeasure with the personnel order and the fact that proper protocol was not followed in first informing her. The personnel order was signed by DPR Deputy Director Victor Villagomez. "Detailing the employee has hampered and will continue to hamper the Division in carrying out its mandated function," Aguon's grievance stated. "To detail the employee to the Director's Office is unreasonable and a total disregard of the Division's mandates".

According to Koss he was denied access to a May 14th investigatory review by Assistant Attorney General Donna Lawrence and denied Aguon her dues process right to his representation. On June 4th DPR Director Richard Ybanez responded with a Notice of Proposed Adverse Action, where he cited official misconduct because Aguon used an official government vehicle when she filed the grievance in April. Koss adds that along with the Notice of Proposed Adverse Action his client was notified that she is also under some sort of criminal investigation by the Attorney General's office. 

Department of Parks and Recreation Director Richard Ybanez has been named the acting state historic preservation officer after Lynda Aguon was terminated.
Department of Parks and Recreation Director Richard Ybanez has been named the acting state historic preservation officer after Lynda Aguon was terminated.  

"Allegedly the employee made false statements, it's really not clear the document is very convoluted," Koss said. 

Koss in a June 14th letter to Ybanez stated that when an "investigatory interview occurs and the employee makes a clear request for representation before or during the interview, management must grant that request or terminate the interview. I understand that you may have been misinformed, but whatever the case, information obtained through a denial of due process is entirely inadmissible in both administrative and criminal proceedings."

KUAM News confirms Aguon was issued a Notice of Final Adverse Action of Termination on Tuesday, which Koss told KUAM today they will file an appeal with the Civil Service Commission.

"The fact that he based it on the grievance, there's no prior discipline I hopefully expect the Civil Service Commission to overturn this thing on a motion without even going to a hearing on the merits," Koss said.

Aguon, meanwhile, has been in the headlines over the past couple of weeks with the recent discovery of ancient artifacts on military buildup construction sites. She has been vocal in the how the military has been handling the artifacts and questioning whether they're complying with the 2011 Programmatic Agreement. The Programmatic Agreement mandates that the military must stop work in areas they find artifacts or remains and perform what's called "data recovery," which means any and all artifacts will be removed from sites, analyzed and stored somewhere else so that buildup construction can continue.

"After the work plan they're going to go in there, further investigate the established boundary of the site, collect everything, and then wipe it off the face of the earth", Aguon said in an interview with KUAM.

KUAM asked Koss if her termination could also be tied to her concerns about the buildup.

"We discussed that," he responded. "We're not aware whether or not the director has any sort of relationship with the military, you know, and that or other construction projects that she might be impending. We don't have that information and I doubt they would tell us that."

According to the Governor's Communications Director, Janela Carrera, "the Governor was not aware that the State Historic Preservation Officer would be served with a Notice of Final Adverse Action at the time it occurred. She is aware of it now."

Carrera adds that Ybanez will serve as the acting State Historic Preservation Officer until the governor can appoint a new one. Guam law mandates that the SHPO must have training, work experience and education pertinent to cultural resource management.”

Although he is only serving in an acting capacity, according to his nomination packet released by the governor’s office in January, Ybanez has more than 20 years of managerial experience in sales and marketing, technology, golf course management, and in the beverage industry. He is also a former Guam national volleyball player.

Sen. Therese Terlaje, legislative chair on historic preservation and land committee chair, said she's troubled by the administration's move in the midst of military construction projects including the bulldozing of 5,000 acres of limestone forest and numerous historic sites.

"The SHPO, in her official capacity, had to witness and carry the burden of representing Guam and the CHamoru people in the face of 10 years of the largest buildup in the history of peace," she said. "I had high hopes this new administration would help shore up the legal or other expert resources that office needs to truly represent Guam. A move like this leaves Guam vulnerable to further bulldozing of historic sites and leaves Guam voiceless during a critical period of potential harm to our culture and our environment. Silencing and intimidation are the opposite of standing up for the people of Guam."