Pago Pago, AMERICAN SAMOA — Keniseli Lafaele has filed a complaint in the High Court of American Samoa against four members of the American Samoa Government Employees Retirement Fund (ASGERF) Board of Trustees, claiming that their actions are unlawful in their ‘attempt’ to remove him, a fellow Trustee, from the Board, before the expiration of his term.

In addition, Lafaele is asking for an expedited hearing on the merits of his complaint given the “immediacy of the harm” both to his rights as a Trustee “and to the ASGERF’s on-going actions by an improperly constituted Board of Trustees overseeing the administration of ASGERF.”

The complaint and request for an expedited hearing were both filed on November 12, 2025, by Lafaele, who is also the plaintiff.

The four defendants listed are Tuaolo Manaia Fruean (Senate President), Loa Tauapa’i Laupola, Tony Logia’i, and Toloa’i Ho Ching.

A Necessary Party to the case is listed as the ASG and its Agency the ASGERF.

In his complaint, Lafaele explains that he was duly appointed and confirmed as an ASGERF Trustee in 2022 with a five (5) year term, expiring in 2027.

He continues that “the issues presented here involves [sic] the statutory authority of the named defendants to remove Plaintiff, a fellow Trustee of ASGERF, before the expiration of Plaintiff’s term and validity of any actions taken by the defendants, acting a Board, in meetings to terminate him and this attempted termination.”

Summarizing the defendants’ actions, Lafaele states that the four Trustees through a letter, dated April 24, 2025 asserted that they, as the majority of the Board, have authority to “remove” him as a Trustee and then inconsistently assert in an April 30th, 2025 followup letter that “the authority to prevent him from participating as a Board member pending Governor ‘final determination of their no confidence resolution’.”

As a result of these notices, he is no longer being notified of subsequent ASGERF board meetings nor allowed to participate or vote in these subsequent Board meetings.

Such actions are unlawful, according to Lafaele, as the defendants do so without the Governor’s action. He is asking the court, if it is determined that the actions were unlawful, “the examination of general corporate law on the validity of subsequent actions taken by a board without notice to or participation by an improperly excluded member.”

Lafaele’s court filings list two counts for his Complaint for Declaratory Relief:

Count One — UNLAWFUL TERMINATION

On April 24, 2025, he states he was informed by letter, from the ASGERF that his position as Trustee of the Board had been terminated by action of its Board, and a follow-up letter was received on Apr 30th — “apparently treating the stated termination as a Board suspension of Plaintiff pending action from the Governor on the Board’s no confidence vote in a Trustee.”

The plaintiff alleges that the attempted termination of his position was an unlawful act, citing that A.S.C.A. 7.1410 (b) provides in relevant part:

…A trustee can be removed from the the Board by the Governor only for breach of his fiduciary responsibilities or for just cause.

Lafaele states that “plaintiff remains a duly appointed Trustee of ASGERF with all attendant rights of a Trustee and a declaration as such is sought from the court.”

Count Two — ULTRA VIRES ACTIONS

Plaintiff claims that he was never notified of, nor did he participate in a Board meeting discussing his termination or suspension as a Trustee; and, since receiving the letter of termination he has not been notified of ASGERF board of Trustee meetings and has not been allowed to participate in decisions of the Board.

Lafaele points out that the ASGERF Board 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 lawfully serving Trustees who do appear at Board meetings are allowed to participate in discussions and votes on matters before the Board.”

He states that the defendants’ actions — denying him notice of Board meetings and denying his rights to participate and vote in Board matters “renders all decisions of the remaining directors including the decision to terminate him ‘ultra vires’ actions.”

(Ultra vires is an action by a company or its agent that exceeds the legal scope of its authority. In this instance, the scope of authority is granted by the ASGERF’s own bylaws, constitution, or state statutes under which the Fund is subject to.)

Relief from the Court

Lafaele is seeking relief from the Court, declaring the defendants’ attempt to terminate or otherwise restrict him (plaintiff) from participating on the ASGERF Board was unlawful and void ab initio (the ruling would apply from when the act took place and not when the court made the decision) and that he remains a duly appointed Trustee serving out his term.

In addition, Lafaele is asking the Court to declare all subsequent actions taken by the defendants as a Board, without notice to him or allowing him to participate and vote, including the meeting on his termination, are beyond the legal scope of their authority.

He further asks the court to direct defendants to pay court costs.

Lafaele told Samoa News concerning the case he filed last week that “you have to take some concrete action at some point after writing open letters.”

He is referring to his Letters to the Editor and Op Editorials that Samoa News has been publishing over the last several months concerning his on-going issues with the ASGERF board.