Pushback on bill granting HR director power to “promulgate rules”

Pago Pago, AMERICAN SAMOA — An Administration bill giving the Human Resources director “exclusive authority to promulgate rules” on ASG personnel issues, caused concerns from senators who spoke during yesterday’s Senate Rules Committee hearing on the legislation.

Also concerning to the senators is an amendment to current law, which removes the role of the ASG Personnel Advisory Board on such rule making decisions, and with the authority given only to the DHR director.

Human Resources director Lynn Pulou-Alaimalo and the Governor’s chief legal counsel Jason Mitchell testified during the hearing, where Sen. Magalei Logovi’i, the committee chairman, said the committee plans to hold another hearing in the future.

Current law states in part that the DHR director — among other things — makes recommendations to and assists the Personnel Advisory Board in developing programs designed to improve employee effectiveness and to enforce such programs as the Board, subject to the approval of the governor, may promulgate.

The Administration’s bill proposed to remove this entire provision, as well as to remove another provision of the law, which states that the DHR director is to assist the Board in investigating personnel problems in the government.

The Administration proposed to add to the law that the DHR director shall have the authority to adopt, amend, and repeal administrative rules — pursuant to local law.

Furthermore, the director shall also develop and promulgate internal policies, standards and procedures designed to promote the efficiency of DHR.

Responding to one of the many questions from Magalei, at the start of the hearing, Mitchell explained that the primary purpose of the bill is to give the DHR director “exclusive authority to promulgate rules.”

Currently there isn’t an exclusive authority for the DHR director to promulgate or enact rules, he said, adding that other ASG agencies have such an authority, but it’s not made clear in the current statute that the DHR director also has such authority.

Mitchell said that he wrote the bill in order to allow changes to Title 4 of the American Samoa Administrative Code (which is the ASG regulation), “because I thought the authority to make changes to our personnel administrative rules was not clear.”

He reiterated during the hearing that the current statute doesn’t clearly give the DHR director the authority to promulgate rules regarding personnel matters and this legislation will address that issue.

Magalei pointed out that changes proposed in the bill would eliminate the role of the Personnel Advisory Board. He asked — if this bill is approved by the Fono, that board no longer exists?

Mitchell responded no, and that the DHR director still serves as secretary to the Board, which still exists in other provisions of the law.

Pulou-Alaimalo added that the Board is only an “advisory” board but the committee was not pleased with not only removing the oversight of the Board but also the governor.

Magalei, who bombarded Mitchell with several questions on the bill, said he disagrees to giving the DHR director sole responsibility to promulgate (enact) rules.

This view was also supported by three other senators, especially giving wide-authority to “just one-person” to make decisions on rules.

Sen. Malaepule Saite Moliga said there is “no check and balance” in what’s being proposed by the Administration with removal of the board, in promulgating rules.  He said it’s “problematic”.

Magalei informed the witnesses that they will be called back once the committee schedules another hearing.