The Acting Commissioner of Public Safety Lauti Tautalasoo Moliga confirmed that police officers assigned to the Territorial Correctional Facility (TCF) are working 12-hour shifts and have not received over time pay.
He said all overtime hours have been compiled and there’s funding under the Department of Corrections (DOC) budget to pay the overtime. He said all overtime for police at DPS have been paid, it’s just the officers working at the TCF who has not been paid overtime.
The non-payment of overtime was raised during a hearing of the Senate Public Safety Committee on Wednesday.
Senator Magalei Logovii questioned if a police officer injured while searching for an escaped inmate would be covered, since—as far as the Senate is concerned—the law which established the Department of Corrections overseeing TCF, has not been changed despite the Governor’s executive order that put the Department of Corrections under DPS temporarily.
He cautioned that if the overtime is not paid, the Department of Labor may become involved as has happened in the past.
Senate President Tuaolo Manaia Fruean questioned why overtime for the Territorial Correctional Facility has become the responsibility of DPS. Director of Human Resources Titiaoalii Dr. Asenati Saau-Umi, cited the Governor’s Executive Order.
Tuaolo followed up if the DHR Director sought a legal opinion from the Attorney General if an executive order can supersede a law.
Dr. Saau-Umi started to say that she didn’t seek the AG’s opinion because it was an emergency, when the Senate President interrupted.
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Tuaolo elaborated that a law was passed to separate the TCF from DPS and put it under the Department of Corrections which had its own director who was confirmed just like her. “You should have explored all avenues,” he advised the DHR Director.
Dr. Saau-Umi said she didn’t believe the separation of departments was under her purview, she was dealing with the separation of duties with regards to the Governor’s Executive Order.
Tuaolo told her she wasn’t giving him the right answer and he would talk to the Fono attorneys about the legality of the Executive Order.
Senator Gaoteote Palaie asked if all of the overtime worked is properly recorded and logged in. The Acting Commissioner said all overtime records have been compiled. Gaoteote asked the DHR Director if her department has a role in the payment of overtime and she responded in the affirmative. She explained that DHR emphasizes the Department of Labor’s policy on overtime. She said due to the lack of funding, DOL is giving ASG time to explore funding sources, and the overtime must be paid.
Senator Gaoteote felt that the money spent on fixing potholes and roads should be diverted to paying overtime because he said families are depending on this money.
It was also revealed by the Acting Commissioner of Public Safety during the hearing that the substations at Faga’itua and Leone have been closed, due to the lack of manpower, as some of the officers have been assigned to the TCF.
