By Johnnie Rosario
(Tumon, Guam) A signature specimen provided by the Department of Administration confirms the unknown authorizing signature on one of Janela Carrera's three falsified time sheets is Jon Junior Calvo, the governor's deputy chief of staff.
Kandit also received copies of the time sheets inspected late Wednesday. The time sheets include attachments that show that Adelup certifying officer Lynette Okada Muna also certified the time sheets to the Payroll Division of the Department of Administration.
Janela Carrera's timesheets for the three pay periods, when she was on two separate vacations, indicate that she was fully paid for a total of 112 hours of work as though she was behind her desk at her office at the Ricardo J. Bordallo Governor's Complex.
But she wasn't. For 72 working hours between June 26 and July 9, 2019, she was in Europe. And for 40 hours between September 16 and September 20, she was in Los Angeles and Las Vegas.
Kandit inspected the three time sheets in the custody of the Department of Administration payroll office. Chief Payroll Officer Gilbert Galang responded to Kandit's demand to inspect public documents under the authority of the Freedom of Information Act late Wednesday afternoon. Mr. Galang produced the three timesheets, which indicate that for every day Ms. Carrera was actually off island, she was paid for regular hours worked.
Two of the time sheets were certified by Adelup timekeeper Antonio Benavente, signed by Ms. Carrera, and approved by the governor's chief of staff, Anthony Babauta. One time sheet was signed by Mr. Benavente and Ms. Carrera, and approved by a person whose name is not indicated in the document. That person is Mr. Calvo.
All three time sheets also were certified by Adelup certifying officer Lynette Okada Muna.
In response to a Freedom of Information Act demand for information from Ms. Carrera for all leave applications she made since becoming the governor's director of communications in January, Ms. Carrera sent to Kandit three leave forms. One leave form was for work-related travel between September 11 and September 13 for a National Governors Association training for nationwide directors of communications in Phoenix Arizona. Ms. Carrera extended the travel from that opportunity to take personal leave immediately following that training conference.
This is why she submitted a separate leave form for that same trip. That leave form indicated she would use 40 hours of compensatory time that would fund her leave of absence from work and guarantee her a paycheck as though she was working. Kandit previously reported how it is not legal for Ms. Carrera to accrue compensatory time, a fact that should have been caught by DOA payroll officials before the certification of her pay - if that leave form had in fact been submitted to DOA.
Of note in the travel authorization document Kandit obtained is the fact that her travel was not authorized until after she left Guam.
Prior to that trip was a leave form for Mr. Carrera to use 72 hours of compensatory time for a June-July European vacation she took. Mr. Babauta approved both time sheets, where she applies for and takes this type of leave that she is not allowed to take.
The two leave forms for Ms. Carrera's two vacations, however, were not attached to Ms. Carrera's corresponding time sheets for the three pay periods spanning those vacations. The forms would have been required had Ms. Carrera's timesheet reflected that she was using leave hours to pay for her paycheck in lieu of actually working. The time sheet would have been marked with the number of leave hours taken each day under the category of leave to be applied.
In each day noted in the time sheets, when she was on vacation, eight hours are marked under the category, "Regular hours," No leave hours were marked, and no category exists in Office of the Governor time sheets for compensatory time - because that type of leave does not apply to employees there. Kandit Wednesday morning filed a criminal complaint with the Office of Public Accountability and the Office of the Attorney General regarding these violations of Guam law. Thursday morning we filed a supplemental criminal complaint, this time informing the attorney general and the public auditor of the discoveries on the falsified time sheets.
When Kandit asked Mr. Galang, the chief payroll officer, "Gil, do you realize that Janela Carrera was on vacation during these pay periods that reflect she worked regular hours?" his response was, "Not according to the documents submitted by the Governor's Office to our office."
Ms. Carrera signed time sheets that led to the processing of her paychecks during those three pay periods that claim she was at work and working, when she was not and was on vacations. She defrauded the Treasury of Guam, falsified public documents, made a false claim in order to personally benefit herself, and committed official misconduct.
Ms. Muna, the certifying officer, and Mr. Benavente, the timekeeper, certified to the payroll office that Ms. Carrera worked those hours on Guam, even knowing that she was not on island during those periods.
Mr. Babauta and Mr. Calvo approved the timesheets, falsifying public documents, making a false claim, defrauding the taxpayers, and committing official misconduct.
These are criminal felonies and misdemeanors.
As for the leave applications Kandit received from the Governor's Office for Ms. Carrera, those documents were not transmitted to DOA, and it is now questionable whether those documents were falsified and forged only as a direct response to the FOIA demand for Ms. Carrera's leave forms to cover up the illegal activity.
What exactly are these public officials on the hook for, criminally and civilly? Take your pick of a host of crimes:
Misdemeanors: Forgery, Tampering with Public Records, Misapplication of Entrusted Funds, Official Misconduct, Unsworn Falsification and Obstructing Government Functions.
3rd degree felonies for which they could be charged include Forgery, Unlawful Influence and Tampering of Public Records.