House committee looks into safety of personnel files transferred to SRA

Pago Pago, AMERICAN SAMOA — A hearing to seek answers from government officials about complaints from several EMS employees regarding the transfer of their employment record files from LBJ Medical Center to the Search and Rescue Agency (SRA), was held before the House Government Operations committee this past Monday.

The hearing was chaired by Faipule Faimealelei Anthony Fu’e Allen, assisted by vice chairman Faipule Manumaua Wayne Wilson.

Government officials appearing before the House committee were LBJ Hospital CEO, Moefaauo Bill Emmesly along with the head of LBJ Human Resources; the Director for the Department of Human Resources, Lynn Pulou Alaimalo and Search and Rescue Agency (SRA) director, Faamasino U. Galoaia, who was later informed by the committee to recuse himself from the hearing.

Before the hearing started, Faimealelei briefed witnesses about the purpose of the hearing.

Faimealelei explained the hearing is to find out what happened to employee records that were transferred from the LBJ Hospital, Human Resources office to the office of the acting director of the SRA, which was established by executive order of the governor.

According to Faimealelei, faipule have received numerous complaints from members of their constituency working at the EMS, expressing their frustration and disappointment with the way their personnel records were transferred from one government office to another.

The Aua faipule said that an amendment to the Fiscal Year 2023 budget was passed by the Fono last week returning funding to LBJ Hospital and the Department of Public Safety (DPS) from the two new agencies created by executive order — the American Samoa Search and Rescue Agency and the American Samoa Corrections Agency.

Faimealelei also explained that although the House has approved the governor’s appointment of Faamasino as director for the SRA, he has not appeared before the Senate for a confirmation hearing.

According to Faimealelei, his main concern is safeguarding employees’ personnel records and employment files. He said he wants to know whether the administration followed procedures when these files were transferred from one office to another.

He further stated that he also wants to know why these files were transferred and what happens if these files are lost or leaked to other government employees or to members of the public. He also asked who would be responsible if any damage occurred.

Faimealelei explained that all concerns and complaints from the public come before the House Government Operations committee and his duty as chair is to find answers and solutions to these complaints.

In response to Faimealelei’s questions, Moefaauo said all EMS employees files and records were transferred to the new agency (SRA), pursuant to the Governor’s Executive Order (E.O).

He explained that there was a process for transferring employee records and files and they carefully followed these steps. He further stated that this is the first time something like this has happened where employee files were transferred from a semi-autonomous agency to a government agency.

Vice Speaker Fetu Fetui Jr told the committee that Faamasino has not been confirmed by the Senate and his position as an acting director for the government’s new agency is still up in the air because the Fono decided to return funds for his agency back to LBJ Hospital.

Fetu said he believes that Faamasino should not be part of the hearing.

Faimealelei disagreed.

He explained that despite the fact Faamasino has not appeared before the Senate for a confirmation hearing, he’s still doing work related to the new agency. Furthermore, Faimealelei also believes Faamasino received and reviewed employees records and files, which is the subject of the hearing.

Faipule Manavaalofa Tutuila Manase said his main concern is that Faamasino has not been confirmed by the Fono to be the director of the new agency and yet, he has already received and reviewed employee files and records, which was something that shouldn’t have happened.

He said transferring employee personnel records and files from LBJ to the new SRA shouldn’t have happened until the acting director was approved by the Fono.

He then seconded the motion by Fetu to recuse Faamasino from the hearing. The committee voted for the motion and he was recused. Before he left the chamber, Faamasino assured the committee that the employee records and files are still secure and protected.

Faimealelei asked government officials to explain to the committee what type of files were transferred from the LBJ Hospital to the SRA.

Moefaauo explained that the records include employees’ 303 and job descriptions. He said there were two types of records — private records and personnel records. Both are considered confidential and must be protected.

“Are these records well protected?” Faimealelei asked.

Moefaauo said yes. He assured the committee that all these records are protected. They took every step according to the law to make sure these records were protected. He stated they were sealed, placed inside a box — then the box was taped and handed over to Faamasino.

Members of the committee voiced their concern over the safeguarding of these records with Faipule Ape Mike Asifoa asking the HR director if these employees were aware of the transfer of their records and if they signed any agreement for the transfer of their files.

HR Director Pulou Alaimalo said these employees were aware of the situation and they all agreed to the process.

Fetu informed her about the many complaints he received from members of the community regarding her behavior as a director.

Fetu said according to the complaints, Pulou Alaimalo is a bully inside the workplace.

“Being a bully poses significant risk to you as a leader,” Fetu told the HR director.

He further told the HR director that this is not the first time he received complaints from some of her staff and he advised her to follow the law and be kind to her staff.