Amendments to ASPA board qualifications tabled on last day of 3rd Regular Session

Pago Pago, AMERICAN SAMOA — Following a 50-minute hearing last week, the Senate Power/Water/Energy Committee tabled, until the Fono returns in July for the 4th Regular Session, further hearings and review of an Administration bill that removes from current law the requirement of having not more than two members from off island for the American Samoa Power Authority board of directors.

Among amendments proposed by the Administration is removal of the current provision that reads, “No fewer than 2 directors shall be from outside American Samoa” but inserts a new amendment saying: “No person shall be appointed to the Board of Directors who is not a resident of American Samoa.”

During the committee hearing, Sen. Togiola T.A. Tulafono said that he supports the amendment deleting the provision for off-island board members, and recalled that this provision was part of the law several years ago during his tenure on the board, as American Samoa needed off island experts for the development of the power authority.

He agreed with other senators that there are now more experienced American Samoans who are educated and trained in ASPA’s work. However, he opposed the proposed provision that board members shall be residents of American Samoa.

Togiola pointed out that if a person who is American Samoan with expertise is identified but resides in the U.S. “this proposed provision prevents that individual from being appointed to the board” and therefore he disagrees with this provision.

Both Togiola and other senators further learned from board members who attended the hearing that they only received and reviewed the Administration’s bill on Tuesday last week after receiving a request from the Senate committee to appear for the hearing.

Last year, the Administration submitted legislation, which removes from local law the two off-island board members but it was rejected by the Senate, although approved by the House.

Sen. Malaepule Saite Moliga said he “still has reservations” on the provision removing off island board members who can provide expertise, while Sen. Ponemafua Tapeni — who retired from ASPA — reiterated statements he made last year that American Samoa has well trained and educated locals to serve on the board, now instead of looking to off island experts.

Sen. Fai’ivae Iuli Godinet says the question that remains unanswered — even when this same legislation was submitted by the Administration last year — “is there any advantage of having one or two board members from off island” on the ASPA board.

Fai’ivae and other senators were hoping that ASPA executive director, Wallon Young would be present at the hearing to answer specific questions, as it pertains to daily management and operations of ASPA.

However, the committee was informed that Young was attending an important virtual meeting that morning with a federal agency and therefore was unable to attend.

Togiola believes that a witness from the Governor’s Office should also attend the hearing, since the measure was drafted by the Governor’s Office and the committee has questions. He suggested returning the bill to the Governor’s Office for discussion with the board — whose members are newly confirmed by the Fono.

Without any further debate and questions, committee chairman, Sen. Ma’o Fa’auma Gogo made the final decision to table the measure in committee, which will take it up again when the Fono convenes in July this year.

The governor had informed the Fono that there “are ample candidates in American Samoa with the experience and talent to oversee” ASPA.