House Speaker Savali Talavou Ale made it clear to the Vice Chairman of the Board of Trustees of the American Samoa Government Employees Retirement Fund that only the Governor has the authority to remove a board member.
At a hearing on the government’s debt to the Retirement Fund, the removal of Board member Fuiavailili Keniseli Lafaele was raised by the Chair of the House Retirement Fund Committee, Rep. Trude Ledoux-Sunia.
The vice chairman of the Retirement Fund Board, Toloa’i Ho Ching, said the board approved a resolution to remove Fuiavailili and sent a letter to the Governor informing him of the board’s decision.
Later, responding to a question from House Speaker Savali, Ho Ching said the board’s decision was unanimous, as Fuiavailili has released confidential information about board meetings and decisions to the media.
The Speaker stated emphatically that the board does not have the authority to remove a board member. This authority rests with the Governor, and there must be sufficient cause for a board member’s removal.
According to Ho Ching, the board communicated its decision to the Governor, and it is up to him to make the final decision. He said he was not aware if there had been a response from the Governor’s Office.
KHJ News can report that Fuiavailili received an April 24 letter signed by then-Acting Director of the Retirement Fund, Caroline Wendt, stating that as of that date, the Board of Directors had unanimously voted to remove him as a board member, effective immediately.
The letter said the decision follows “serious concerns regarding breaches of confidentiality, dissemination of misleading information, overstepping authority, and repeated disregard for board protocols and leadership.” It said these actions have eroded the board’s trust in Fuiavailili and impaired the board’s ability to function effectively.
The letter was copied to Board Chairman Tuaolo Manaia Fruean, Loa Tauapa’i Laupola, Tony Togia’i, and Ho Ching.
It was revealed during the House hearing that only four members of the Retirement Fund Board are currently active. Executive Director of the Retirement Fund, Vaitautolu Talia Faafetai, said four members constitute a quorum. The law provides for a seven-member board. Vaitautolu said they are awaiting the appointment of three board members.
