GHURA deputy: AG Moylan failed to disclose conflict of interest
The feud unfolded before Guam Housing and Urban Authority commissioners. GHURA Deputy Director Fernando Esteves in one corner – Attorney General Douglas Moylan, in the meeting, on the defense.
In a series of back-and-forth letters between GHURA, the island's attorney general and his father Richard Moylan, the housing authority just wanted them to disclose their relationship in what the agency notes are a conflict under the Section 8 program -- all while the AG had just won the election.
"Further conflict exists because the AG, Douglas Moylan, responsible for defending the position of GHURA, may be in fact exacerbating the conflict," Esteves said.
Douglas Moylan responded, "The statutes that you are citing don’t say that the attorney general can’t rent out property to Section 8, the federal program. All it is that I cannot practice law outside of being the AG, which I contend Esteves has blown way out of proportion because he doesn’t understand the facts of what happened."
GHURA has since sent notices to terminate their contract, giving tenants a short time to move out.
The agency contends the landlords agreed to the conflict prohibition, which aims to prevent any illegal financial gain and influence for those in the program.
Though AG Moylan gave GHURA notice he withdrew as legal counsel for his father, Esteves disagreed that letters were countersigned by the AG himself.
"The signature by AG Douglas Moylan to be improper and has perceived the action as a veiled threat against the agency in the future conduct of responsibilities and functions between GHURA and the OAG," he said.
Esteves added this issue has left GHURA without legal counsel.
He’s pointing the blame to the attorney general referring to the situation as "unethical and improper."
"I take dispute with all of Esteves’ ethical allegations against me that I violated any law including the AG statute that says I cannot practice law," Douglas Moylan said. "I believe that it is defamatory to me and puts me in a position of having to defend myself illegally."
He contends GHURA is violating his rights under the program, adding he was never required to disclose a conflict under his current office.
Still, Esteves is sticking to his guns.
"We recommend the commission uphold our actions conducted in good faith and reconfirm that conflict of interest procedures remain an operational function," he said.
Commissioner Frank Ishizaki and Vice Chair Monica Guzman were stunned over the agency’s findings.
Ishizaki: Wow that was pretty heavy. Pretty heavy.
Guzman: This is a lot to absorb on one sitting.
Ishizaki: It is very deep, very heavy and like the vice chair says there is a lot for us to digest.
The board of commissioners decided to find some legal guidance before deciding what to do with Douglas Moylan’s case. The AG did say his office has attorneys that can step in while he disqualifies himself from GHURA matters. Ultimately, the clock is ticking for them to make a final decision as it is the tenants – families - that face having to move out.
Following the meeting, Douglas Moylan wrote to the GHURA board calling for them to investigate Esteves. Moylan saying his words at that meeting violate individual citizen's and their families' due process and equal protection rights