The former Director of Special Projects and Public Relations at the LBJ Hospital, Dr. Malopao Akenese Nikolao Mutini, has filed an appeal against her termination.
A March 15 letter from attorney Julia Furlong, of the Meredith Sunia Lawfirm, notified the Chairman of the Board of the American Samoa Medical Center, Dr. Malouamaua Tuiolosega, of Nikolao Mutini’s appeal. The attorney calls the termination of the appellant career service employment as “unlawful” and says, she is entitled to “immediate reinstatement” to her position.
The same letter requests a hearing of the Nikolao Mutini’s grievance.
The appeal is spelled out in a 150-page filing.
Nikolao Mutini joined the LBJ in November of 2013 as Assistant Director of Human Resources, then became HR Director before she was moved to a newly created position, Director of Special Projects and Public Relations, last year.
The appellant says, she was the subject of 3 internal and external investigations the last one by a HR consultant that the board hired. That investigation report alleged “unfair hiring practices” by Nikolao Mutini and about 80% of personnel records were not updated during her tenure.
Nikolao Mutini maintains that she was never given an opportunity to answer the allegations in the report before the hospital management and board moved to terminate her.
The appellant believes that it was her questioning of a board decision to hire the current Chief Medical Officer, Dr. Joseph Shumway, that has resulted in her termination.
Her appeal states that starting in 2022, she noticed a developing power struggle between the board and hospital management for control of day to day management of the hospital.
In January 2022, the board started emailing Director level managers, such as herself, for sensitive data and document requests and dismissing her queries of whether such requests should properly be routed through the CEO, per past practice.
In March 2022, Faumuina Taufetee John Faumuina resigned as CEO and was replaced by Moefaauo William Emmsley. “By October, 2022, the board was circulating cryptic memos to hospital employees regarding the boards powers and duties,” says the appeal.
According to the appellant, on or around January 27, 2023 then CFO Fala Sualevai Lesa, who was Acting CEO while Moefaauo was away, asked her to assist with hiring paperwork for the open CMO position, which had a closing date of February 10, 2023.
On or about January 28, she was copied on correspondence from the Acting HR Director to Dr. Joseph Shumway that contained a CMO/consultant offer letter addressed to Dr. Shumway.
In a separate email chain, including board members and upper management, appellant raised concerns about the offer letter’s mistaken identification of the Board as the CMO’s supervisor, instead of the CEO as provided by law.
She said, after board chairman Dr. Tuiolosega rejected the suggested revision, she wrote to alert the hospital leadership that the CMO job was open to applications until February 10 at 4pm, and additional candidates were expected to apply.
At that time, appellant was aware that several local physicians including her partner, Dr. Ben Siatuu, Chief of Eye Ophthalmology and Vice Chief of Staff, were planning to apply prior to the publicized deadline.
She said, she made clear that if a contract agreement for the CMO job is executed prior to the closing date of February 10, “it may create havoc.”
According to Nikolao Mutini, in response to her email, the Chairman of the Hospital Board replied, “Shumway is the board’s pick since way back. What do you recommend?”
She states that shortly after this email arrived she received a call from the CFO, who relayed a message from the CEO, “To let it go.”
She said that she did as she was told as insubordination is conduct subject to discipline, according to the hospital manual.
Dr. Siatuu and one other local applicant applied for the CMO position, and they were given interviews in mid-February, weeks after the CMO consultant offer was accepted by Dr. Shumway.
