Pago Pago, AMERICAN SAMOA — The Senate on Tuesday confirmed Tuasivi John Marsh to serve a second term as Commissioner of the Office of Financial Institutions (OFI), approving the nomination in a 16-1 vote.

Marsh’s confirmation follows his initial appearance before the Senate in March, during the final day of the First Session of the 39th Legislature, after being reappointed by Governor Pulaaliii N. Pula.

Deliberations were initially paused due to a disagreement between Marsh and Senator Togiola T.A. Tulafono concerning a confidential document Marsh had submitted with his resume. The document contained information related to a case that occurred more than a year ago and prompted debate regarding its relevance and appropriateness for legislative review.

An irate Togiola pointed out that a confidentiality agreement had been reached strictly between the bank and Marsh's office, 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.

He 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.

Senator Togiola T.A. Tulafono 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, are 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 that you're not capable of handling this office."

Marsh responded, saying that he was capable of taking the person who 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.

During Tuesday’s session, Senator Utu Sila Poasa, chair of the Senate Budget and Appropriations Committee, informed the chamber that the concerns surrounding Marsh’s nomination had been thoroughly addressed. He recommended that the Senate proceed with a confirmation vote.

His motion was seconded by Senator Togiola T.A. Tulafono, who acknowledged that the issue that had previously delayed the vote had since been resolved. He expressed confidence in Marsh’s qualifications and stated his belief that Marsh remained the right choice to lead the Office of Financial Institutions