Maui County Prosecuting Attorney Don Guzman addresses the Maui County Council’s Government, Ethics and Transparency Committee during a meeting Thursday. Mayor Michael Victorino is seeking to remove Guzman, who is accused by some employees of creating an environment of intimidation and fear.

Employees in the Maui County Department of the Prosecuting Attorney testified Thursday that their boss’ “pattern” of verbal abuse created an atmosphere of intimidation and fear, saddling the Maui County Council with the heavy decision of whether to remove the county’s top attorney from his position.

Prosecuters and staff said that they anticipate seeing workplace violence in the field — but not in their own office.

“I prosecute these types of people in court,” Deputy Prosecuting Attorney Leslee Matthews said during a council Governance, Ethics and Transparency Committee hearing Thursday. “I do not expect them to be the chief prosecuting attorney for law enforcement of Maui County.”

Matthews filed a complaint that triggered a recent independent investigation concluding that Prosecuting Attorney Don Guzman violated county workplace violence rules. Guzman has been on administrative leave since the complaint in mid-September.

Mayor Michael Victorino is now seeking to remove Guzman, who was appointed by the mayor to head the Office of the Prosecuting Attorney in March 2019. Under the Maui County Charter, the prosecuting attorney may be removed by the mayor with the approval of the County Council.

Matthews and four other county employees testified during the hearing Thursday to a series of abusive incidents that included rage, yelling, swearing, demeaning comments, threats and physical actions. They said that other employees were afraid to testify for fear of retaliation.

In one instance this year, Guzman yelled at two female staff members who could not connect him on a conference call, according to Andrew Martin, second deputy prosecutor and circuit court supervisor at the department.

“I had to remove one of the staff members from the area because she was outside the small office we were utilizing, in tears,” Martin said. “I was able to tactfully remove Don from the office so that I could calm the remaining staff whose hand was shaking so badly she could not dial the phone.”

Susan Clements, department administrative officer, testified between tears that an employee in February was “so afraid of yelling” coming from Guzman’s office that she called for help. Clements said she and Guzman in July had a disagreement over the budget and he raised his voice and swore at her.

Kimberly Willenbrink, a legislative analyst, and Jo Gascon, a law technician and an employee of the department for 23 years, recounted separate “abusive” encounters with Guzman in 2015 when he was a council member.

“When I asked a question he didn’t want to answer, he stood up with such force that his chair slammed against the wall, slammed both of his hands at his desk, glared at me and threatened me,” said Gascon. “It was so intimidating that one of my coworkers started to cry.”

Gascon added that she filed a complaint in 2015 that reached the managing director, but she never heard back.

Willenbrink witnessed Guzman’s short fuse when he disagreed with her work in a council meeting, “stormed out” into the hallway and came toward her, hands raised and yelling. Against advice, she chose not to file a grievance.

“I feel remiss about that now,” Willenbrink said, crying. “I now see that when you are wronged in the workplace, you have a duty so that it might not happen to others. I cannot change that. But I am here now.”

Guzman testified during the hearing Thursday, saying it’s been a difficult time in his life and he’s had time to reflect and pray, as well as take three of 10 one-hour weekly sensitivity training sessions.

“I see that things in my own life need to be changed,” he said.

Guzman opted to continue the hearing in open session, where he detailed a high-stress role exacerbated under COVID-19 pandemic duress, especially when staff tested positive for the virus. He also pointed to his diabetes and other medical issues.

“I am diabetic,” Guzman said. “Sometimes people see me late in the afternoon, I forget to eat, I was recently diagnosed with neuropathy in my legs, not that that was an excuse, but I was having health issues.”

Council members had several rounds of questions, asking if he recognizes he has an anger problem and whether he can be rehabilitated.

“I noticed that most if not all have been against women. . . . Don’t you ever pick on anyone your own size?” asked Council Chairwoman Alice Lee.

Guzman echoed that he can improve and that he did not know the severity of the problem.

“If you really have a desire to improve yourself and you really recognize that you can, then it is possible,” he said.

Guzman told The Maui News last week that he and Victorino have “not seen eye to eye on many issues” leading up to the mayor’s decision to submit a resolution for his removal Oct. 21.

Several testifiers questioned the mayor’s alleged temper, with one saying Victorino seeking Guzman’s removal for workplace violence is “the pot calling the kettle black.”

Responding to a question by Council Member Kelly King about whether the environment of intimidation is pervasive, Guzman said he is afraid to go into the mayor’s office.

“It would probably make a difference if your leader wasn’t yelling,” he said. “He’s constantly yelling at me every time I go into the office. I really dread going into that office. I’m sure a lot of other leaders feel that way too.”

Council Vice-Chairwoman Keani Rawlins-Fernandez asked Matthews about violence in the workplace, noting the conundrum the council members face due to abuse allegations involving more than one leader.

“This is not between him and the mayor,” she said. “If the mayor has issues, that’s another thing for another day.”

Martin also dismissed the connection between the mayor and the prosecuting attorney in his earlier testimony.

“I am aware of Mr. Guzman’s claims that we are here today because of some friction between him and the mayor and the assertions by his supporters that this was an isolated incident committed under some stress caused by a COVID-19 positive employee,” he said. “I know you are not distracted by those claims.”

The hearing was recessed around 6:30 p.m. Thursday and will reconvene at 9 a.m. today.

* Kehaulani Cerizo can be reached at kcerizo@mauinews.com.