Pago Pago, AMERICAN SAMOA — The Senate Public Safety and Homeland Security Committee in a hearing last Wednesday, tabled for further review, an administration bill which “repeals the powers of arrest authority which currently provides employees of the local airport security guards with the same powers of arrest as police officers of the Department of Public Safety, and allows the Director of Port Administration to designate employees with restricted authority to arrest as police officers and [who] must undergo police training programs as provided by local, state or federal law enforcement agencies.”

According to the bill’s Preamble, “since 9/11, billions of dollars nation-wide, have been poured into heightening airport security, while the Port continue to neglected. The Port is a vital government infrastructure, with over 70 percent of our Territory’s imports, more than double the cargo received at the Pago Pago Airport, entering by way of the Port.

“Furthermore, the Port generates millions of dollars, each year, for the American Samoa Government (ASG). Thus, ASG must elevate the level of security at all ports of entry of the Territory.

“American Samoa faces increasingly complex and specialized crimes that warrant the need for law enforcement services in the Department of Port Administration (DPA) to reinforce the protection of our ports of entry, both at the Pago Pago airport and Ports…”

Testifying before the committee were Police Commissioner Lefiti Pese, Attorney General Fainuulelei Alailima-Utu, Governor’s Legal Counsel Kristy Thaxton and Port Administration Director Falenaoti Loi-On Fruean.

In his opening remarks, committee chairman Senator Malaepule Saite Moliga pointed out that the proposed bill was in fact the same as the administration bill introduced in the Senate the previous week, seeking powers of arrest for employees — this time for the Department of Homeland Security for violations involving drugs and human trafficking.

This was echoed by Senator Utu Sila Poasa who stated that the Senate’s concern was what they were going to do with the people they arrest and detain.

“You need a continuation of what you have already put in the bill,” Utu pointed out. “It does not include the procedure of what you are going to do with the person you’re going to arrest.

“We’re worried about the procedures you will implement to take the matter to court.”

Police Commissioner Lefiti Pepe spoke on the proposed bill and stressed that the power of arrest is not a simple matter because once someone is arrested, the possibility of civil rights violation always exists if the alleged crime for which he or she is arrested is not proved.

The commissioner pointed out that an investigation must follow every arrest, and he does not support DPS officers be burdened with the task of investigating cases which were booked by DPA officers.

He also expressed his concern with the number of people who will be detained at the already overcrowded Tafuna Correctional Facility (TCF).

Commissioner Lefiti stated that the jurisdiction of the DPA employees designated with powers of arrest should not be restricted to the DPA premises.

He revealed his support for the proposed bill if it means that DPS officers will receive assistance in carrying out their duties but these designated DPA employees must be trained and sworn in to be commissioned officers.

AG Fainuulelei explained that the proposed administration bill allows the Director of Port Administration to designate employees with restricted powers of arrest. He clarified that the powers of arrest will only be used within the premises of the ports of entry. That is, the airport and the wharf in Fagatogo.

Senator Togiola T.A.Tulafono pointed out that according to the language of the proposed bill, DPA employees designated with the power of arrest as police officers must undergo training programs as provided by local, state or federal law enforcement agencies, but there is no mention of them being sworn and commissioned to be police officers.

“The main thrust of this part of the law, is that the authority to commission newly sworn police officers and give the power of arrest lies with the Commissioner of Police,” Togiola emphasized.

Togiola pointed out there was no mention of the transfer of authority in the proposed bill when DPA officers refer the person they have arrested to DPS officers.

The question of jurisdiction arises just like the bill introduced by the Department of Homeland Security because there is no clear-cut boundary where one officer’s jurisdiction ends and another one starts.

“DPS officers cannot detain people they did not arrest,” Togiola argued. “But if the DPA officers are sworn and commissioned by the Police Commissioner, there will be no transfer of authority needed.”

Togiola also commented on the part of the proposed bill where it states that the powers of arrest designated to DPA employees will be used only within the department’s premises or the airport and the main wharf.

“Who has jurisdiction in town?” Togiola asked. “What if an incident occurred at the wharf where oil tankers are docked? What about the shipyard? What about the StarKist wharf? Who will respond if any incidents occur at these places which are all under the Department of Port Administration?”

The senator stated that the question of where to detain the people they arrest was also brought up in the DHS proposed bill.

Committee chair Malaepule ended the hearing stating that the bill needed more work before further review, as was the case with the DHS bill.