Pago Pago, AMERICAN SAMOA — Allegations of misconduct including LBJ financial records being “destroyed” and unfair hiring practices are the reasons behind the move by the hospital board to terminate the services of Dr Akenese Nikolao from the hospital.

This was confirmed in a letter dated March 4, 2023 addressed to Dr. Akenese, former LBJ HR Director and signed by the Acting Chief Executive Officer of the LBJ hospital, Dr Akapusi Ledua.

The correspondence was obtained by Samoa News.

Samoa News made numerous efforts including a visit to the residence of Ms Nikolao to get direct comments, but were unsuccessful as of press time.

“As you are aware, you were placed on leave pending further investigation based on allegations that the 2019 Financial Records had been destroyed,” the termination letter begins.

“However, during the course of that investigation further allegations were uncovered regarding unfair hiring practices at the LBJ Tropical Medical Center (“LBJTMC” or “LBJ” or “hospital”), and violations of the rules, procedures, and policies of the hospital's Human Resources (HR) Department.

“The results of the investigation revealed that many of the allegations were true.

“Of specific note, it was discovered that as a direct result of your supervision of the HR Department, approximately 80% of LBJ's employee files are not up to date, and that you have openly engaged in unfair hiring practices.

“These failings indicate that you failed to perform your duties as an LBJ employee and lack the character necessary to continue as an employee of LBJ.

“Based on the foregoing ASMCA [American Samoa Medical Center Authority] hereby gives you notice of the Company's election to terminate your employment for cause.”

The Acting CEO cited A.S.A.C. § 11.0443 stating that this letter serves as 30-days notice of separation.

“You have the right to appeal this decision within 10 calendar days of this notice. You will remain on paid leave during the 30-day notice period.

“By statute you will be eligible to receive the following benefits from ASMCA, subject to standard deductions and withholdings” including paid all accrued annual and sick leave not to exceed the maximum of 60 days or 480 hours of annual leave.

“Pursuant to your Employment Agreement you are solely responsible for the payment of any tax liability if any, that may result from any payments or benefits that you receive pursuant to your Employment Agreement.”

Additionally, Dr. Akenese is required to returned to ASMCA any and all documents, software, equipment (including, but not limited to, computers and computer-related items, vehicles and phones), and all other materials or other things in her possession, custody, or control which are the property of the ASMCA, including, but not limited to, ASMCA identification, keys, and the like, wherever such items may have been located.

Furthermore Dr Ledua noted that Dr. Akeneses is also required to keep information confidential.

“And shall not hereafter use or disclose to any person, firm, corporation, governmental agency, or other entity, in whole or in part, at any time in the future, any cade [sic] secret, proprietary information, or confidential information of ASMCA, including, but not limited to, information relating to trade secrets, processes, methods, marketing plans, financial results, financial records and reports, regulatory matters and compliance, and other confidential matters, except as required by law and as necessary for compliance purposes.”

Prior to informing Dr. Akenese of her services being terminated, Chairman of the LBJ Board, Dr Malouamaua Tuiolosega informed the governor in a separate letter citing their reasons and attached a copy of the investigation into the former HR Director.

All these documents are with Samoa News including the copy of the investigation report.

Dr Tuiolosega in his letter to Governor Lemanu P. S. Mauga, dated February 23, 2022, pointed out after weeks long investigation into allegations regarding unfair hiring practices at the LBJ hospital, claims of violations of the rules, procedures, and policies of the hospital’s Human Resources (HR) Department, and misconduct by its former director, Dr. Akenese Nikolao-Mutini that “the results of that investigation revealed that many of the allegations were true.”

HIs letter repeats failings that are noted in Dr Akenese Nikolao-Mutini’s termination letter, including that “these failings indicate that Dr. Akenese has failed to perform her duties as Human Resources Director on a continuing basis.”

The hospital Chairman said the former Chief Executive Officer Moefaauo William Emmsley had discovered some of these failings but chose to laterally transfer Dr. Akenese into a non-existent position rather than take any formal disciplinary action.

“However, during the course of the investigation it was revealed that there is no job description nor job duties assigned to the position assigned to Dr. Akenese.

“As such LBJTMC is left with the choice of transferring Dr. Akenese back to Human Resources, where she has failed to live up to the standard expected of a LBJTMC Employee, terminate her employment with LBJTMC or request her reassignment to another Department of the American Samoa Government.”

According to the Chairman, after reviewing “the substantiate [sic] allegations” against Dr. Akenese it is clear she cannot be returned to work within the Human Resources Department.

“However, due to her credentials and length of service, as well as other factors it seems prudent to request that she be considered for reassignment to another Department of the American Samoa Government where she may be of service.

“If your office chooses not to reassign Dr. Akenese, LBJTMC will need to further evaluate termination of her employment.

“Dr. Akenese is currently and will remain on paid leave pending a decision by your office,” said Dr Tuiolosega.