The former Executive Director of the Retirement Fund Luatua Filisouaiga Taafua is asking the Administrative Law Judge to declare the Retirement Fund Board’s action to terminate his employment illegal and void and to reinstate him to the position.
In a January 2 complaint before the ALJ, Luatua, represented by Attorney Gwen Tauiliili Langkilde lays out the sequence of events which led to his termination on January 19.
He was served a letter from the board of the Retirement Fund dated July 22 , 2015 notifying him that in consultation with the Board of Trustees along with the recommendation by the governor, he was being placed on 30 day leave effective July 27.
The letter advised Luatua “it was the board’s hope that a review of factual findings is completed expeditiously to allow the board of trustees an opportunity to assess the severity of the alleged misconduct for appropriation action and response.”
The letter states, “we will notify you accordingly if an extension of your 30 day leave is warranted based on progress and review of our findings.”
Luatua’s complaint also includes a legal opinion from the Attorney General to the former chair of the Board of Trustees, Fanene Scanlan, advising that the board take necessary steps to ensure that Luatua is provided sufficient opportunity to review and address the charges against him.
The AG said this would require a communication to the executive director listing the charges and providing him with an opportunity to argue and introduce evidence in support of his case before the board.
Luatua’s complaint states that at the end of the 30 day leave, he returned to work as directed by the board, only to be threatened by the Department of Public Safety with arrest if he didn’t leave the premises.
In November of last year, says the complaint, the Board began advertising for a replacement executive director, and on January 5, the media published that Iaulualo Faafetai Talia was selected as the new Executive Director.
The complaint states that on January 14, 2016 the chairman of the board advised Luatua that the board had met and had decided to relieve Luatua of his duties as Executive Director of the Retirement Fund effective immediately, “vaguely citing as the basis of their decision the external auditor’s report and correspondence exchanged with the former chairman of the Board.”
The complaint states that Luatua in a letter of January 16 asked the chairman of the board for an opportunity to review and address the charges against him and be heard.
However he was not afforded that chance.
The former executive director alleges that his constitutional due process and career service rights were violated when the Retirement Fund and board failed to provide him with adequate notice of the charges against him and afford him a meaningful hearing.
He also claimed the Retirement Fund and the board failed to terminate him for sufficient cause or based on grounds set by statute, and that the Fund and board failed to follow the administrative process for disciplinary action.
Luatua alleges that his termination was made upon unlawful procedure, and it was arbitrary, capricious and characterized by abuse of discretion.
He asks the ALJ to declare the action of the Retirement Fund and Board illegal and void, reinstate him, restore his annual leave from July 27, 2015 to January 19, 2016 and that he be awarded lost wages and benefits starting from July 27 last year to the present.
Luatua also wants the Retirement Fund Board to issue a formal apology to him for its illegal actions.
