Ex-Guam Visitor’s Bureau Director to appeal case dismissed by Civil Service Commission

A former Guam Visitors Bureau Director is vowing to fight on after his case alleging he was unfairly fired was dismissed by the Civil Service Commission.

“I’ve been at the bureau for a very long time–and the amount of targeted discrimination, harassment, and retaliation is really what I want the people of Guam to see. This is how some of our leaders are treating our people,” said Nico Fujikawa. 

Fujikawa, who served as the Director of Tourism and Strategic Planning, appealed his termination before the CSC Tuesday, alleging recently resigned GVB General Manager Carl Gutierrez of “egregious behavior.”

“I was calling out that our industry wasn’t recovering. I served as the director of tourism and strategic planning and was trying to push strategic plans for the industry to get us back to recovery. Because of that, I was basically terminated. And so now that he resigned, it just seemed like the industry was finally speaking out that we weren't getting the results that leadership should’ve been driving,” said Fujikawa. 

To note, it was just back in October that dozens of tourism stakeholders revealed in a report that Guam's tourism industry is in the midst of an unprecedented crisis.

But the CSC ultimately decided they had no jurisdiction to hear Fujikawa’s Appeal, as it was untimely filed, an argument presented by representatives on behalf of GVB.

“So, from April 10th, the employee had 20 days to file his appeal with the commission. If you look at the employee's appeal, it was filed a day late on May 1st–and that’s the fatal flaw with the employee’s appeal. He should have filed it on the 30th because that’s when service was effectuated by the mailing,” said Attorney Charles McDonald. 

However, Fujikawa and his counsel pushed back, contending that GVB management waited until the eleventh hour to take action.

“He was not served until the 11th. They do not contest that. So, the clock starts counting by rule 11 when he was served–and that would be May 1st, which we timely filed–those are the facts,” said Attorney Kristine Borja. 

While commissioners reached a unanimous decision, some questioned whether it was standard practice for GVB to involve the Guam Police Department in serving Fujikawa.

“Not knowing that there was this termination coming, and then having GPD officers show up to my parent's house–sent a lot of stress and distress within my family–almost as if it was a criminal case,” said Fujikawa. 

And while Fujikawa said he was ultimately disappointed with the outcome, he said he’s not backing down and is planning to appeal.

As for whether he sees a future back at GVB.

“I don’t know if that’s a possibility or an opportunity–I’d be happy to always help and elevate the island because we need it,” added Fujikawa.