House lawmakers bully and berate HR director over governor’s roll back

Pago Pago, AMERICAN SAMOA — It was during a continuation of the House Government Operation Committee hearing which was interrupted by the tsunami warning last week where the Director of Human Resources Lynn Pulou Alaimalo was reduced to tears during questioning by faipule.

House members did not mince words. Almost every faipule, even those who are usually polite and diplomatic, displayed their ire with the director; the typically vocal and expressive faipule raised their voices even higher.

The hearing revealed the true colors of some faipule when two of them stood up and left the hearing after angrily questioning the witness, while others continued to blame the witness regarding service issues in her department.

Back on the agenda were questions about the rollback of pay increases, promotions, conversion from contract to career service and other personnel actions implemented by the former administration between 2019 through January 3rd, 2021.

During the first hearing, the director admitted after being questioned by Vice Speaker Fetu Fetui Jr she had advised Governor Lemanu Peleti Mauga to carry out the review of illegal personnel actions by the former administration many of which took place prior to last year’s general elections.

Last week, she said she was carrying out the Governor’s orders with the intention of restoring integrity to the personnel merit system and for fairness and equity for the government workforce.

Director Pulou Alaimalo provided a report to the committee, as requested. A review of the numbers prompted Fetu to ask if 2000 employees were affected by the rollbacks.

The DHR director said the rollbacks are ongoing and a total number is not known at this time.

The figures in her report are as follows:

•                Overall rollback 772

•                Violations of pay raises beyond budget 380

•                Overall conversions 64

•                Violations — conversions with pay raises 61

•                Conversions with same salaries 23

•                Promotions 36

•                Pay adjustments 745

•                Reclassifications 23

The Director also submitted a thick document that had a list of those employees who were converted from contract to career service.

Faipule Vailiuama Steve Leasiolagi seemed to think that the review of personnel actions had gone overboard and was a witch-hunt. He indicated that he thought that the Governor’s memo dealt specifically with conversions from contract to career service. However, the director read part of the February 5th memo, which named all personnel actions that did not follow regulations and were without justification.

The director also read part of the Governor’s Feb. 5th memo, which stated that, “Pay adjustment of career service employees without justification violates the principles of equitable treatment of employees expressed in A.S.C.A 7.0201. All pay adjustments issued since January 1, 2019 that were made by means other than reclassification, annual step increase, or special incentive awards as required by Title 7 of the American Samoa Code Annotated (ASCA) or Title 4 of the ASCA are void and will be rescinded.”

Vailiuama said that he strongly disagreed with the move to change the decisions that were already signed by former directors and approved by the former governor from the previous administration.

According to Vailiuama, the only issue lawmakers questioned the former HR director, Eseneiaso Liu about during the Fono Joint Budget hearing last year was the issue of conversion of employees from contract to career. However, it came as a shocked to him and his fellow lawmakers to learn that many employees are now affected with the rollback of pay raises and conversions.

“Now you’re working hard looking for something to put a blame on the decisions that were approved by previous leaders. They (referring to the previous administration) reviewed the law and then approved these changes to benefit our people, but now you want to destroy everything and take away what is good for our people,” Vailiuama said, adding that, “You’re taking out food that I [have] already put into my mouth.”

Pulou Alaimalo told Vailiuama that the governor’s Feb. 5th memo is very clear and not only points to pay adjustments but also conversion to career services without justification.

Vailiuma was not satisfied. He recommended to the Vice Speaker and the committee chairman, Faipule Faimealelei Anthony Fu’e Allen that he doesn’t agree with the change by the administration and he recommended a House Resolution to advise the Governor and his administration to halt the rollbacks.

Nearly every faipule present let Pulou Alaimalo know that their constituents were calling them out of frustration. They said that long overdue salary increases have finally been awarded and now the director is taking them away.

Vice Speaker Fetu, Faipule Vailoata Amituana’i, Logoituau Mark Atafua, Larry Sanitoa and Andra Samoa also took issue with the fact that the Compliance Review Committee includes some directors who were party to the now supposed “illegal personnel actions” during the final days of the last administration.

The committee members that the Director recalled off the top of her head were Budget Director Cathy Saelua, Treasurer Malemo Tausaga, Chief Procurement Officer Ti’alemasunu Mikaele Etuale, Chief of Staff Tuimavave Tauapa’i Laupola, Port Director Christopher King, Director of Commerce Petti Matila and ODAPM Director Lisa Tuato’o.

Not only did Faipule Samoa describe the rollback as “hitting the heart of the workforce”, but she also told Pulou Alaimalo that each employee affected with the rollback feels that their rights have been violated by the government.

“I have a lot of constituents affected by this rollback including employees that are also funded by the Federal government. They have a right to grieve and for me as their Faipule, I would help them with the process and tell them to go back to the system — go to the EEO and complain because they feel their rights are violated with so many years of service and now they’re treated like this,” Samoa told Pulou Alaimalo.

Pulou Alaimalo thanked Samoa for her statement, saying, “I do understand your heart for our people.” She explained that HR has their own EEO (Equal Employment Opportunity) representative who can assist all the employees affected under the rollback if they need to send a report. She further stated that HR utilizes an open policy for everyone.

“I do know that when it comes to the pay adjustment that it was pointed out we were allowed a certain amount of time to sit in and look at everything that were done during the past administration. What I did look at was some of the pay raises went from a certain amount to a very high amount,” Pulou Alaimalo said.

“Now how do we justify these excessive pay raises? There were some employees who only have one pay raise while some have two or three over the year, this is annual. Now the only justification that we would have for any pay raise according to Title 7 would be the promotional rule which only grants two steps.”

The director explained that salary adjustments are warranted by significant changes in duties and as that stands, there’s a lot of violations that we’re able to identify. These must be carefully looked at in this investigation as far as the pay adjustments that were passed by the past administration.

“Now I wanted also to mention that the heart of this is to make sure there is integrity,” the director said with tears in her eyes.

“I would look at my son and my daughter in the future and say, did you earn that. I want you to earn that pay. I don’t want you to sit there and be able to get anything free. Don’t expect handouts from people. You have to earn it.”

According to the director, there are people who have been sitting there for over 20 years, and they’re sitting with the same pay, not receiving any salary or pay raises or any excessive pay raises but we see that there were certain people that deserve a pay raise.

Samoa told the director that “I use to be the CEO of ASPA and (know) all these HR issues ... so I really want to let you know that these issues can go up to the US Department of Labor, so when the feds come in we have to be ready.” She also pointed out that the government would bear the burden if the employees take legal action over the rollbacks.

Fetu changed the subject and asked the director whether she brought her own deputy director into the department. The director replied, yes.

“Is it fair?” Fetu asked.

“It’s fair enough according to the law,” Pulou Alaimalo replied.

Fetu asked again, “According to the law? Which law are you referring to?”

Pulou Alaimalo said, it’s the Title 7 of the A.S.C.A. As far as her deputy, she said it is a governor’s appointment to replace Makerita Enesi who is retired.”

When asked about her annual salary by Faipule Alumamalu Filoiali’i Ale, the director said her annual salary is $70,000.

“Is the rollback your best option for our people?” Alumamalu asked.

The director replied, “The best option would be to do the rollback and it’s for the integrity of our people.”

Alumamalu told the witness, “You worked at this office for many years including the time these changes were made and approved. You have seen it knowing that it’s not right and why didn’t you say something at the time.”

Sanitoa reminded lawmakers that their duty is oversight — to determine whether the administration is following the law. He said that the rollback issue is the policy set by the Governor, not the director, however, the poor director is now sitting on the hot seat answering what the governor wants.

Sanitoa said he’s also concerned about this issue and when something happened — because there is a liability issue here for the government.

Faipule Vailoata E. Amituana’i questioned the reason why employees paid under federal grants are also affected in the rollback.

Faipule Logoituau Mark Atafua echoed Vailoata’s statement. He questioned the director about why employees with over ten years services are also affected with the rollback. Logoituau demanded an explanation from the director saying that he’s very disappointed with her rollback policy.

As the director was trying to explain her review, Logoitu’au stood up and left the hearing.

Faipule Avagafono Vaimaga Maiava praised the director for her courage to do the right thing. He advised her to do the right thing and be humble.

However, Vice Speaker Fetu told the director that what she’s doing is not right and some of these thing she shouldn’t have done in the first place.

“There are issues that need to be corrected like the conversion of employees from contract to career service, however, rolling back pay raises for many of the employees who deserved a salary increase after many years of services shouldn’t happen. This is so damn wrong and what you’re doing is wrong. If the Fono agrees to pass a House Resolution to remove you from your position, you will be removed,” Fetu warned Pulou Alaimalo.