There was support at a public haring Friday for a Senate bill which provides specific grounds for impeachment of the Governor and Lt Governor however, attorneys and a Tafuna High School senior raised some concerns.
Tafuna High Senior Apelu Mann, flanked by teachers.
Chief Counsel in the Governor’s Office Barry Pfundt said that the Governor is in general agreement with the bill however he pointed out that the constitution currently contains language that is verbatim to the existing statute covering impeachment. He said adding another provision may cause a conflict. The bill adds to Section 4.0109 of the American Samoa Code Annotated this provision: The Governor or Lt Governor can be impeached for malfeasance in office, corruption, dereliction of duty or other high crimes and misdemeanors.”
All other provisions in the statute remain including the process for impeachment, that the House of Representatives initiates an impeachment by a vote of two thirds of the membership while the Senate has the power to convene an impeachment trial, also by a two thirds majority vote of its membership. The Chief Justice will preside at the impeachment trial.
Chief Counsel Pfundt…
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Tafuna High School Apelu Mann fully supported the bill as a mechanism to keep leaders accountable but he too has a concern that he hoped would be taken into account in a revision of the bill.
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David Wiesner & Jim McGuire
Attorney David Wiesner pointed out that during the November 2022 referendum what was on the ballot only said that the amendment shall include an impeachment process for the Governor and Lt Governor and there was no explicit language in the ballot to explain what the process would be.
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Senator Togiola Tulafono who sponsored the impeachment bill gave this explanation.
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Jim McGuire, said while the Senate is airing hearings to inform and educate the public about legislation, the House is not being transparent.
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Senators approved the impeachment bill in second reading on Friday. Also approved was a bill to change the swearing in date for the Governor and Lt Governor from 12 pm on January 3rd to January 10 at 12 pm of the year following a gubernatorial election.
