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Lolo advises Lemanu to rescind termination of Jonathan Fanene

Jonathan Fanene
Officials point to due process and established protocols
fili@samoanews.com

Pago Pago, AMERICAN SAMOA — While the legal process in court moves forward, Gov. Lolo Matalasi Moliga has advised Lt. Gov. Lemanu Palepoi Sialega Mauga to rescind the termination letter for former director of the Department of Youth and Women’s Affairs (DYWA), Jonathan Fanene.

This is according to ASG officials, who spoke on condition of anonymity as they are not authorized to discuss these personnel matters with Samoa News.

According to the officials, there are already established protocol and Lolo — who is still off island for medical treatment — has advised Lemanu about them.

As previously reported by Samoa News, Lemanu, who is also acting governor, in a Jun. 6th general memorandum wrote that effective immediately, Fanene is “relieved of his duties as director.” Lemanu then appointed the DYWA’s deputy director, Pa’u Roy Ausage, to be acting boss.

ASG officials told Samoa News that the general memorandum was issued by Lemanu around the same time he issued the termination letter for Fanene, who is facing 13 criminal charges — 8 felonies and 5 misdemeanors — in connection with the alleged assault of his wife and his sister on May 26th.

Samoa News has been unable to obtain a copy of the termination letter.

ASG officials say there are protocols in place, and established procedures for government employees who are indicted, which include the said employee being relieved from his/ her duties while the legal process runs its course.

If the person is found ‘not guilty’, after he/ she has already been terminated, ASG could be liable for a lawsuit which would mean the full restoration of pay and years of service, along with all privileges, according to the officials.

“Instant termination of an employee sends the message that the person is guilty without going through the legal process,” the officials point out, adding that the tenet of "innocent until proven guilty" is violated if the employee is terminated while the legal process is in the court.

Fanene is a director, hence a director is treated differently from regular government employees, as they serve at the pleasure of the Governor, the officials explain.

“The protocol established for directors who are indicted is placement on leave for the duration of the court process,” the officials continued. “An acting director is appointed and empowered to assume all authorities inherent in the position.”

At the end of the court process, a final decision regarding the director will be rendered based on the outcome.

But Lemanu's letter instantly terminated Fanene, without due process, the officials point out. “This was unfair and usurps Jonathan's rights under the legal due process,” the officials continued, noting that even if Fanene is incarcerated, he would still be placed on leave until the court process is fully completed with a sentence handed down.

Samoa News notes that when the charges against Fanene were first made public, there was a quick call by many in the community to place him on leave or terminate him. But there were others who disagreed, arguing that “due process” should be followed as far as termination — to await the final outcome based on the court’s decision.