Fuiavailili Keniseli Lafaele has filed a complaint in the Trial Division of the High Court challenging his removal from the Board of Trustees of the American Samoa Government Employees Retirement Fund before his term expires.
Named as defendants in the action are members of the ASGERF Board, Tuaolo Manaia Fruean, Loa Tauapai Laupola, Tony Togiai and Toloai Ho Ching. The American Samoa Government and the ASGERF are named as necessary parties.
Lafaele, who is representing himself, states on April 24, 2025 he was informed by letter from the Fund that his position as a trustee of the board has been terminated by action of its Board of Trustees. He received a follow up letter on April 30, 2025 apparently treating the stated termination as a Board suspension of himself pending action from the Governor on the Board’s no confidence vote in him as a trustee.
Lafaele alleges that the attempted termination or suspension of his position as a trustee of the ASGERF was an unlawful act undertaken by the defendants. He cites that under the American Samoa Code Annotated Section 7.1410 (b) a trustee can be removed from the board by the Governor only for breach of his fiduciary responsibilities or for just cause.
He states that he has neither been removed by the governor nor has any breach of fiduciary duty or just cause for removal has been determined by the Governor.
Lafaele contends that he remains a duly appointed trustee of the ASGERF Board with all attendant rights of a trustee and a declaration as such is sought from the court.
Lafaele states that since receiving the letter of termination he has not been notified of meetings of the Board of Trustees and has not been allowed to participate in decisions of the Board.
He argues that the Board of Trustees is a corporate body and as such it is required that notice of board meetings be provided to all lawfully serving trustees, that quorum requirements are met by lawfully serving trustees and that trustees who do appear at board meetings are allowed to participate in discussions and vote on matters before the board.
He argues that the defendants action denying him notice of board meetings and denial of his right to participate and vote renders all decisions of the remaining directors, including the decision to terminate him as ultra vires action, that is they acted beyond legal power or authority.
Lafaele is asking the court for an expedited review of his complaint, that the court declare the defendants’ attempts to terminate or otherwise restrict him from participating on the ASGERF Board of Trustees was unlawful and void from the beginning, and that he remains a duly appointed trustee serving out his term.
He also asks that the court declare all subsequent actions taken by the defendants as a board without notice to him or allowing him to participate and vote, Aare without legal authority, and that the court order the defendants to pay court costs.
