Fitial removes Mafnas from DPS

Gov. Benigno R. Fitial relieved embattled Ramon “Ray” C. Mafnas of his responsibility as Department of Public Safety commissioner on Thursday, but retained him as Department of Corrections commissioner.

The governor placed Mafnas on administrative leave on March 26 because of formal complaints against him, and ordered the Office of the Attorney General to investigate these complaints.

Fitial directed Mafnas to report for work as DOC commissioner effective April 30.

Fitial made the decision to relieve Mafnas as DPS commissioner days after receiving from OAG the results of its investigation on Mafnas.

The OAG cleared Mafnas of any law violation, but found him in violation of investigative and interpersonal standards of conduct.

The governor issued an April 26 memo to Mafnas, stating his decision to relieve him of his duty as DPS commissioner “effective immediately” but retaining him as DOC commissioner.

Mafnas has been holding two concurrent Cabinet-level positions-DPS commissioner and DOC commissioner.

“Issues related to your performance as Commissioner, Department of Public Safety, have arisen. In response, I placed you on administrative leave from both positions. Additionally, I directed that these matters be reviewed by the Office of the Attorney General,” Fitial told Mafnas.

Fitial said the OAG investigation was completed and transmitted to him on April 20. He said upon receipt of the report, he has carefully considered its contents and findings.

“Effective immediately, you are relieved of your responsibility as Commissioner, Department of Public Safety,” the governor told Mafnas.

Fitial and Lt. Gov. Eloy S. Inos separately said earlier that they will be discussing the OAG report and from there, jointly make a decision on Mafnas.

“Effective Monday, April 30, 2012, you are directed to resume your duties as Commissioner, Department of Corrections,” Fitial said in his one-page memo to Mafnas.

Press Secretary Angel Demapan said last night that DPS deputy commissioner Ambrosio Ogumoro “remains the acting commissioner for DPS until further notice.”

“At this time, the governor has not selected anyone to be nominated for commissioner,” Demapan added.

The governor’s nomination of a DPS commissioner requires the advice and consent of the Senate.

Mafnas used to be Fitial’s senior policy advisor before appointing him DOC and DPS commissioner.

Police officers and lawmakers are keeping mum on the issue as of yesterday.

OAG’s three main areas of investigation were the complaints filed by two security guards and dive instructor; the allegations contained in a petition signed by DPS employees; and a letter from a police captain alleging that Mafnas interfered with a murder investigation.

Attorney General Edward T. Buckingham, in a news briefing on Monday, said that while not as serious as a violation of law, a violation of investigative standards is a matter of significance warranting the governor’s serious consideration.

The OAG determined that Mafnas violated DPS operating protocols, which suggest the need for the commissioner to have additional management oversight and possible training.

The OAG found Mafnas in violation of interpersonal standards of conduct, which suggests follow-up and possible training needs.

The OAG found Mafnas in violation of investigative standards pertaining to him not preparing a witness summary in connection with the investigation into the murder of Emerita Romero, and investigation at Suicide Cliff.

But the OAG concluded as unfounded seven other allegations against Mafnas, including allegedly threatening to arrest and shoot certain individuals.