It’s the legal opinion of Attorney General Gwen Tauiliili-Langkilde that Maaelopa Bob Tuiasosopo can continue to serve on the Board of Directors of the LBJ Tropical Medical Center even though he was not confirmed by the Senate. However he can only serve until the current Fono session ends.
The AG’s opinion, which was addressed to Governor Pulaalii Nikolao Pula, with copies to the hospital Board of Directors, cites that under American Samoa Code Annotated 13.0103, a recess appointment to the LBJ Medical Center Board may remain valid until the conclusion of the next regular or special legislative session if the appointment is not confirmed during that session.
The exact language from the statute reads: “Recess appointments may be made to fill vacancies caused by death, resignation or removal for cause if the vacancy occurs while the Legislature is not in session. Recess appointments shall expire at the conclusion of the next following regular or special session of the Legislature if they are not confirmed during that session.”
The AG said the statute further provides an additional continuity safeguard. That is, incumbents may continue to serve after the expiration of their terms until a successor is appointed and confirmed. She said taken together these provisions reflect a clear legislative intent to ensure continuity in the governance of the Medical Center and prevent disruption caused by vacancies on the Board.
Tauiliili-Langkilde elaborated that the statute governing the LBJ Medical Center Board differs from provisions governing cabinet level directors and department heads. Under ASCA 4.0112, if a nomination of appointment is rejected, the authority to serve in office ceases immediately.
“This means an acting or proposed cabinet level directors and department heads lose their authority to serve immediately if their nomination is rejected by the Legislature.”
According to the AG, structural differences between LBJ Board member appointments and cabinet level appointments further demonstrate that the Legislature intended to treat board governance differently from executive department leadership. For example, LBJ Board members may be removed only for cause, whereas cabinet level directors generally serve at the pleasure of the Governor. In addition Board members serve fixed staggered terms while cabinet level directors serve terms tied to the Governor’s administration. And the LBJ statute expressly allows incumbents to continue serving until successors are appointed and confirmed.
The AG summed up, “It’s the opinion of this office that Mr Maaelopa Bob Tuiasosopo may continue to serve lawfully as a member of the LBJ Tropical Center Board of Directors through the remainder of the current Legislative session.”
