The Chairman of the American Samoa Government Employee Retirement Fund (ASGERF), Vaanatiu Tofala Iafeta is inquiring with the Commissioner of Public Safety Save Liuato Tuitele on the result of the investigation against the ASGERF Executive Director, Luatua Filisouaiga Ta’afua, who has since been placed on leave.

Former Chairman Fanene Morris Scanlan indicated in a letter to Luatua earlier this year that there were questions regarding the use of the Chairman’s signature rubber stamps for checks issued out of the Administrative Account without the proper authorization, and about payments made to unregistered businesses, which were allegedly deposited into the director’s personal checking account.

“This situation raises concern for conflict of interest, ethical questions and abuse of fund,” said Fanene, the former Chairman.

In early August, Luatua had been placed on leave for 30 days. Last week Monday, the 30 days were up and Luatua was told by the ASGERF Chairman to return to work. However when Luatua returned to the office, Save instructed two police officers to direct Luatua to the Commissioner’s office.

Luatua went there, and was informed by Save that he was not to return to work pending the investigation. “The Chairman has no authority over our investigation and because it’s on-going, we cannot have him (the Retirement Fund’s office Executive Director Luatua) working for many reasons,” Save told Samoa News earlier.

Last week, Vaanatiu wrote to the Commissioner asking about the result of the investigation against the ASGERF Executive Director for alleged misconduct. “It has been five weeks since Mr. Ta’afua was placed on leave for 30 days and there is no indication as to when the retirement board might be privileged with the conclusion of the investigation.” According to the board chair, the absence of the Executive Director has placed additional burdens on the workload of the Retirement office, as Acting Executive Director Caroline Wendt has taken time off to attend a family fa’alavelave off island.

He said more importantly, the Retirement Fund board of trustees has not yet afforded the Executive Director an opportunity to address the allegations brought against him.

“In his legal opinion 006-15, serial no 3293-15, dated August 7, 2015 and issued to former Retirement Board chairman, Fanene Morris Scanlan, Attorney General Ale warned the retirement board against violating the Executive Director’s due process rights. I quote part of the Attorney General’s opinion. ‘… Thus for the current case, the board should take necessary steps to ensure that the executive director is provided sufficient opportunity to review and address the charges made against him. This would require a communication to the executive director listing the charges and providing him with an opportunity to argue and introduce evidence in support of his case before the board’.”

Vaanatiu further stated that in his reading of the AG’s opinion, “I am highly concerned that the retirement fund may be exposing itself to liability that may result from the denial of Mr. Ta’afuas due process rights.”

The ASGERF Chairman went on to say that to prevent the imposition of such unnecessary financial hardships on the retirement fund, “I respectfully request that you present the Retirement Fund Board of Trustees with the conclusions of your investigation so the board may proceed to initiate hearing proceedings on Mr. Ta’afua’s alleged misconduct.”

Earlier this month, Save told Samoa News that the investigation was not even close to being wrapped up, and so far, they have come across possible discrepancies. He said the current Chairman does not have a full understanding of the investigation and reiterated that the Executive Director cannot be there. “I have told the Chairman that we need to talk, but to date, he hasn’t come by.  And of course he’s the chairman and thinks he has power and authority over this investigation but he doesn’t.” 

Also last month when the ASGERF Chairman appealed to Governor Lolo Matalasi Moliga to replace Treasurer Ueli Tonumaipe’a and Human Resources Director,  Sonny L Thompson, Vaanatiu in his letter stated that Thompson had spearheaded disciplinary proceedings against a retirement fund employee without a clear understanding of other trustees or the functions of ASG personnel procedures.

“The Attorney General has issued a legal opinion alluding to due process rights of government employees. Although board members openly expressed personal opinions and maintained firm stances on their beliefs, but as a policy making body, we tried not to lose sight of our primary goal — that of protecting the property and integrity of the fund,” said Va’anatiu.