Pago Pago, AMERICAN SAMOA — The Governor’s Chief Legal Counsel Barry Pfundt has responded to Hospital Board member Afamasaga Dr. Talifa Talifa Jr.’s letter written earlier this month in which he refused to resign from the LBJ Tropical Medical Center Board of Directors.

The letter, dated October 9, 2025, cites several reasons for his refusal, chiefly that he does not know the reason for his sudden termination, “when my term as a member of the LBJ Board do[es] not end until November 20, 2026.”

Samoa News was able to obtain a copy of the letter sent by the Chief Legal Counsel, dated October 15, 2025.

In the letter, Pfundt notes that Governor Pulaali’i N. Pula has received Afamasaga Dr. Talifa’s “memorandum … regarding your removal for cause from the American Samoa Medical Center Authority Board of Directors.

“Respectfully, the fact remains that you are no longer on the Board of Directors,”

Pfundt continues that he strongly suggests that Afamasaga “retain legal counsel and discuss the potential impact of bringing legal action in this matter.

“A case challenging your removal may expose you to liability far beyond the loss of your seat on this board.”

He then lists cause — including, but not limited to:

Chronic and continuing deficiencies identified by Centers for Medicare & Medicaid Services specific to the Governing Body of ASMCA LBJTMC;

Receiving payment of sums for Board participation far exceeding the statutory limit;

Interference with hiring practices executed by appropriate ASMCA officials/staff; and,

Interference with procurements executed by appropriate ASMCA officials/ staff.

The Chief Legal Counsel points out that “the Governor wished to shield you from the embarrassment of disclosing specifies. That is why these details were left out of the letter removing you from the board.”

Pfundt concludes that “just as the Governor has a right to remove you, you are well within your rights to challenge that decision.” He adds that Afamasaga’s legal counsel can reach him at a specific number.

BACKGROUND

Afamasaga’s letter/ memorandum to the Governor lists his reasons for rejecting termination from the hospital board and noted that it is the second attempt to remove him.

“This pattern of repeated, baseless termination efforts constitutes a disturbing misuse of executive discretion and borders on harassment and retaliatory conduct, in direct violation of both statutory and constitutional protections afforded to appointed officials under American Samoa law.” 

Afamasaga pointed out that, under A.S.C.A. § 31.0205 (Board - Removal), a board member may be suspended or removed only for cause and through the due process procedures prescribed by law. 

“The statute explicitly requires that removal be based on substantiated cause such as malfeasance, neglect of duty, or incapacity, and that the affected member receive written notice of such cause with an opportunity to respond. 

“Your letter does not cite any statutory cause or identify any procedural basis for removal. No charges, evidence, or notice of hearing have been provided. 

“Therefore, this attempted removal is unlawful and void ab initio, as it violates the procedural due process protections embedded in Article I, Section 2 of the Revised Constitution of American Samoa, which guarantees that "no person shall be deprived of life, liberty, or property without due process of law." 

Furthermore, Afamasaga pointed out that the contractual and tenure protections and his appointment to the Medical Center Board of Directors are pursuant to a fixed-term contract ending November 20, 2026. 

“Unless "cause" as defined by statute is legally substantiated, I am entitled to serve that full term. “A unilateral termination without proper cause or procedure constitutes a breach of public contract and interference with the independent governance of a public body.” 

Afamasaga said he has consistently performed his duties with diligence, transparency, and fidelity to the Medical Center's mission. 

“Therefore, I view this repeated conduct as an effort to intimidate or dissuade me from carrying out my lawful responsibilities as an independent board member. 

“Notice of Legal Action and Protective Steps. Should this unlawful termination not be immediately withdrawn, I will have no alternative but to take appropriate legal action to safeguard my rights and restore the integrity of the Board.” 

He concludes that “I respectfully decline this improper termination, and to uphold the lawful appointment term to which I am entitled. It is my sincere wish that we resolve this matter amicably, in accordance with the rule of law and the democratic principles that govern our Territory.” 

Afamasaga was in Hawaii for his wife’s medical treatment at the time he received notification of his termination from the Board via email.