Pago Pago, AMERICAN SAMOA — The Governor’s Executive Order for the Department of Corrections to temporarily merge with the Department of Public Safety was called into question during the budget hearing for the Attorney General’s office.

During the budget hearing for the Department of Legal Affairs, Speaker of the House Savali Talavou Ale highlighted the legal implications of merging the Department of Corrections with the Department of Public Safety, stating that such a merger is unlawful. In response, the Legislature passed a resolution urging the Governor to rescind the Executive Order that authorized the merger.

Savali elaborated on factors the Fono considered, focusing on the financial implications for both the Department of Corrections and the Department of Public Safety. He emphasized that the complexities of budgeting in these departments should not be overlooked when making such significant decisions.

Attorney General Gwen Tauili’ili-Langkilde provided context for the Executive Order, which was issued in March. 

She explained that the order responded to an urgent situation in the Department of Corrections, driven primarily by a critical manpower shortage. Current staffing levels were insufficient to maintain the required ratio of correctional officers to inmates, creating serious safety risks for both inmates and staff. This manpower shortage prompted the decision to place Corrections under the oversight of the Department of Public Safety, aiming to utilize its resources to fill the staffing gaps in the correctional facilities.

The Attorney General clarified that the current arrangement is intended as a temporary solution rather than a permanent restructuring. Although she acknowledged concerns about the lack of a clear timeline for the Executive Order’s expiration, she committed to developing a plan. 

The AG’s office and the Department of Public Safety will work together to prepare a report for the Governor, including recommendations on how and when to implement an expiration date for the order while ensuring adherence to legal protocols.

She said the Tafuna Correctional Facility (TCF) currently houses approximately 300 inmates, with only 15 correctional officers on duty per shift, each working 12-hour shifts. 

The alarming ratio of guards to prisoners has created a precarious situation, making it increasingly challenging to ensure safety and proper management of the facility. This scenario has been categorized as an emergency. 

The AG emphasized that the decision to merge the departments was not taken lightly. She reported that the Governor had previously assigned staff members to evaluate conditions at the TCF and had even established a task force to address these challenges.

However, these efforts did not meet expectations, ultimately leading to the controversial merger. Additionally, a recent incident raised safety concerns when several prisoners were found in the back of a prison guard’s truck outside the facility, highlighting significant security vulnerabilities. 

Savali reminded the Attorney General that any Executive Order must align with existing laws, asserting that merging two distinct government departments is not a viable solution to the issues at hand. Alternative strategies could address the emergency more effectively, such as exploring lawful and sustainable legislative avenues. 

Senator Togiola T.A. Tulafono added that the emergency cited by the Attorney General should have been handled in compliance with legal regulations. Instead of pursuing a merger, he suggested submitting a supplemental budget to hire additional correction officers and directly address the staffing issue. 

He pointed out the paradox: the decision intended to resolve the staffing emergency in Corrections inadvertently creates an emergency in the Department of Public Safety itself, which is already facing its own manpower shortages.

BACKGROUND

Reported in yesterday’s Samoa News, the Department of Public Safety (DPS) told lawmakers last week that it is struggling with a severe shortage of police officers, outdated equipment, and growing demands across the Territory. 

During the Fono’s joint budget hearing, Deputy Commissioner Falana‘i Ta‘ase Sagapolutele said DPS plans to launch a new police academy for 50 recruits in the upcoming fiscal year to help address staffing shortages.

He explained that 24 police officers are currently assigned to the TCF following the Governor’s executive order merging the Department of Corrections with DPS. With officers now split between policing and corrections duties, the Deputy Commissioner said DPS is stretched thin.

He reported that DPS has 162 officers, a number he described as insufficient for the Territory’s population and growing public safety needs. He asked lawmakers to support funding for additional personnel in the FY 2027 budget.