First things first: SSIC will adopt rules and procedures prior to beginning probes

Pago Pago, AMERICAN SAMOA — The Senate Select Investigative Committee (SSIC) will await adoption of rules to conduct its probes and hearings before setting the agenda of priority issues to address first, before proceeding forward.

This was the decision reached Tuesday following the first meeting of the SSIC, which was established through a Senate Resolution introduced and approved late last week. SSIC chairman, Sen. Togiola T.A. Tulafono, said that it was planned to distribute to members at the meeting rules to conduct committee review and hearings.

He recalled a High Court ruling years ago that an investigative committee of either chamber of the Fono is required to first-adopt rules for conducting investigations, proceedings and hearings. And the adopted rules will also be included when subpoenas are issued for ASG witnesses so the individuals and their departments and agencies, understand the committee’s probe and review.

Togiola pointed out that research is ongoing by the Senate’s legal counsel and her staff on this important matter and are also looking at the most recent past SSIC on their rules. Therefore, he said the committee cannot move forward until rules are reviewed, approved and adopted. He hopes the draft rules will be completed soon and presented to the committee for review and approval.

The resolution establishing the SSIC clearly states that the committee shall adopt rules consistent with provision of local statute, to govern its proceedings and conduct of its hearings, the giving of oath prior to taking any testimony, the subpoena of witnesses and subpoena duces tecum of government or private documents, records, files, records in digital format, emails, reports, etc., and other rules that the committee deems appropriate.

(A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. Latin meaning “You shall bring with you”.)

While the resolution identifies nine-members of the committee appointed by the Senate President, it also states that other Senators may participate in the committee hearings, as permitted by the committee members selected to preside in any of the committee’s hearings.

During the committee meeting, Togiola explained further this provision of the resolution, where other senators can participate in hearings. He noted that this is the committee-of-the whole of the Senate and reiterated that senators can participate and ask questions during hearings.

Togiola invited senators to decide where the committee will start its review. He believes that the SSIC is the result of concerns raised by senators over problems at LBJ Medical Center. However, he said the decision will be made by the committee-of-the-whole as to the priority issues and matters to look into first.

Togiola presented a verbal motion for the committee to consider — whether to await the final rules presented for review, approval and adoption or to start working on assembling the SSIC priority issues for its agenda.

Senate President Tuaolo Manaia said that rules should be adopted first before proceeding forward. He suggested reviewing and adopting rules from the last SSIC during then Senate President Lolo Matalasi Moliga’s tenure.

In the end senators agreed to postpone working on priority issues for the SSIC agenda and await rules to be finalized and adopted, before beginning its official work as the investigative arm of the Senate.