Senators expressed their displeasure with comments by the Governor’s Chief Legal Counsel, Barry Pfundt, at a hearing Thursday on a bill concerning government employees appointed to boards and commissions. The bill, introduced by Senator Togiola Tulafono, provides for automatic resignation of any employee of the American Samoa Government (ASG) who serves on a board or commission by virtue of their government position, once their employment ends.
Pfundt and Attorney General Gwen Tauiliili-Langkilde testified in support of the bill.
The Attorney General recommended that the proposed language in the bill be incorporated into the statute for each board and commission.
Pfundt said the intention of the bill was well-placed. He noted that the territory faces challenges in fulfilling responsibilities mandated at the federal level—responsibilities also assigned to large states and municipalities. Additionally, the territory must manage its own customs and immigration functions.
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Senator Togiola was not at all pleased with the counsel’s comments.
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Senator Utu Sila Poasa was equally upset with Pfundt’s remarks. He pointed out that the Senate has a former governor, two senate presidents, judges, lawyers, engineers and military veterans—who are well qualified and experiences. He told Pfundt, “Don’t you ever come here and talk like that again.”
He added that, seven months into the administration, vacancies on boards and commissions remain unfilled because the Governor’s Office have not done their job. He stressed that boards are essential to the functioning of government.
During the hearing, Senate President Tuaolo Manaia Fruean asked AG Tauiliili-Langkilde for her opinion on whether lawmakers should be members of boards and commissions.
He said the Governor told him that it’s the administration’s position is that lawmakers should not be on boards or commissions.
The AG responded that, because the Fono has oversight responsibilities, there may be a conflict of interest in lawmakers serving on boards. However, she noted that some statutes specifically require lawmakers to be members of certain boards and commissions.
Tuaolo said the reference to a conflict “didn’t sound good” to him. He referred to President John F. Kennedy appointing his brother as Attorney General as an example.
Senator Olo Uluao Letuli asked whether there had been problem in the past with lawmakers serving on government boards.
The AG referred the question to Pfundt. The chief counsel explained that there has been considerable discussion in the Governor’s Office regarding whether lawmakers should serve on boards and that conflict-of-interest issues have been part of those discussions. However, he added that no official policy has been made on the matter.
During the Senate session that followed the hearing, the bill mandating the automatic resignation of government employees from boards and commissions upon termination of their employment passed its second reading.
