It’s the Department of Human Resources that gives the thumbs up for convicts to be re-employed with the American Samoa Government, according to Chief Justice Michael Kruse upon reviewing a work release motion for drug defendant Fa’atui Fitiao.  Fitiao is seeking work release as the school custodian at Pava’ia’i Elementary School where he was once employed.

Fitiao admitted to having marijuana in his possession when police pulled his vehicle over for suspicion of driving under the influence. Assistant Public Defender Joel Shiver asked the court to consider granting the defendant work release, as he had been a janitor for over ten years. Fitiao was sentenced to serve 18 months in prison and pay a $500 fine for marijuana possession and DUI after he entered into a plea agreement earlier this year with the government.

The jail term is a condition of his five-year probation handed down by the court during sentencing last Friday. Among the conditions of his probation, the defendant can apply for work release. Shiver pointed out the school principal’s letter indicates the need to employ Fitiao as their custodian as he has been working for Pava’ia’i Elementary School for over eight years, and according to the letter, he’s a hard working and committed employee.

Kruse asked Shiver if there is a solid indication that Fitiao can work again for ASG and Shiver replied yes, he had in his possession a letter from the school principle, which states the need to rehire Fitiao to work at the school.

Kruse pointed out there was a similar case where the court heard that a certain doctor from the hospital wanted a certain defendant to work for the hospital, and this was done without the knowledge of the Human Resources Department at LBJ. Kruse noted that the court’s time was wasted on the baseless motion, only to find out that it was the HR Department that makes the call to rehire or hire this defendant — not the doctor at the hospital.

He told Shiver to come back with solid information to support the work release motion.

Furthermore the Chief Justice pointed out under the law only HR hires ASG employees and unless the law is changed, the school principal cannot hire ASG employees.