Pago Pago, AMERICAN SAMOA — Tuasivi John Marsh's confirmation hearing last Wednesday for a second term as Commissioner of the Office of Financial Institutions (OFI) began on a lighthearted note. Senate President Tuaolo Manaia Fruean remarked that Tuasivi's resume spoke for itself.

Tuaolo then asked Marsh whether his matai title, Tuasivi, was that of a high chief or a talking chief. Marsh responded that it was a talking chief title.

"Who is the Sa'o of your family?" Tuaolo inquired.

"Ponausuia," Marsh replied, referring to Senator Ponausuia, who was present at the hearing.

"In our culture, on Sundays, you must provide a sua to the Sa'o, which consists of cooked food," Tuaolo stated. "Did you do that last Sunday?"

Marsh responded with good humor, saying he preferred giving his Sa'o a lot of tupe (money). The room erupted in laughter at the exchange.

Senator Magalei Logovii then pointed to Senator Ponausuia and asked Marsh if this was indeed his Sa'o. Without waiting for a response, Magalei moved that Marsh be excused, further adding to the amusement in the room.

The jovial atmosphere led many to believe that Marsh would sail through his confirmation hearing without issue. However, the tone shifted dramatically when Senator Togiola T.A. Tulafono expressed his anger over Marsh's decision to release a confidential document that had been submitted to the Fono as part of his resume.

Togiola pointed out that the agreement explicitly stated the case was confidential and demanded to know why Marsh had chosen to disclose the document.

Marsh acknowledged that the case was confidential but explained that he chose to release the document because it was being submitted to the Governor's Office.

Senator Togiola, visibly frustrated, retorted, "What does that have to do with anything?" He further emphasized that the confidentiality agreement was strictly between the bank and Marsh's office.

Marsh explained that the case in question occurred over a year ago and involved an individual who nearly caused the loss of their account with the Federal Reserve Bank. He stated that his intention in releasing the document was to highlight the efforts of the Office of Financial Institutions (OFI) in handling the matter.

Samoa News was unable to get more information about the document as it was not included in Marsh's resume that was released to the media.

Senator Togiola expressed serious concerns, stating that the release of the confidential agreement exposes the government to potential liability. He added that this action has led him to question Marsh's suitability to continue serving as OFI Commissioner

"You, as the director of this office is charged with the responsibility of obeying the law," Togiola said. "The law says confidential and you chose to violate the law and release this? This subjects the government to liability and it's because of your decision. What are we to do now?

"We are supposed to pass on your ability to maintain this office and you have demonstrated through this inability to obey the law and release confidential information for public viewing, you're not capable of handling this office."

Marsh responded saying that he was capable of taking the person that was not obeying the law.

"That is your opinion," Togiola said. "This settlement was a private settlement and it did not have any adjudication on it. I know that because my signature appears on it. But you violated that duty."

After Marsh was excused, everyone present was asked to vacate the chamber to allow the Budget & Appropriations Committee, which conducted the confirmation hearing, to deliberate in private. During the subsequent Senate session, Marsh's confirmation was notably absent from the calendar, and no mention was made of the discussions that had taken place.

Speculation suggests that the matter will be revisited when the Fono reconvenes after its upcoming break, which begins today. The 2nd Regular Session of the 39th Legislature is scheduled to commence in July.