Gov sets more stringent and detailed policies for use of ASG vehicles

Pago Pago, AMERICAN SAMOA — Gov. Lemanu Peleti Mauga has issued an executive order regulating that government-owned and operated vehicles are to be used for “official purposes only” as there are still reports circulating in the community of alleged abuse and misuse of government vehicles during and after hours.

The governor’s order, dated Dec. 21st, which is more stringent and detailed then orders and policies set by previous administrations, says that employees who use government-owned or operated vehicles are not permanently assigned to them, shall log daily use of their vehicles on forms provided by the Road Marshals, who are personnel within the Governor’s Office.

 And ASG employees who take government vehicles home “may make brief stops on the way to or from work.”

The governor made clear in his order, that ASG employees are prohibited from operating a moving ASG vehicle while using a handheld cell phone or other wireless telecommunication devices while working or traveling to or from work.

Specially, said the order, it prohibited any ASG employee to:

• physically hold or support with any part of his or her body a wireless telecommunication device or device worn on a wrist to conduct voice-based communications; and

• write, send, or read any text-based communication, including but not limited to a text messages, instant messages, email, or Internet data on a wireless telecommunication device; provided, however, that such prohibition shall not only apply to a voice-based communication which is automatically converted by such device to be sent as a message in a written form.

Exemption to this prohibition:

• while reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition which causes an immediate and serious traffic or safety hazard;

• law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her duties; or

• while a motor vehicle is lawfully parked or stopped in a place that does not obstruct traffic.

The Lemanu Administration had proposed similar prohibitions on all drivers in American Samoa with legislation which sought to restrict the use of wireless electronic devices including cell phones while operating a motor vehicle except for — among other things — emergency calls and if an earpiece is used.

However, the Senate in July rejected the measure in third and final reading, with senators saying that the proposed law is “incomplete” and returned the measure to the Administration for appropriate revision.  The main sticking point senators argue is the legislation gave no provisions of the penalties or fees that would be imposed by the court on violators.

Through the executive order, the governor is able to impose such restrictions on employees who operate ASG owned and operated vehicles.

ENFORCEMENT

The governor’s order details enforcement of this ASG regulation. For example, Road Marshals are charged with implementing and monitoring compliance under the supervision of the Chief of Staff or his designee.

Additionally, officers with the Public Safety Department may conduct traffic stops of ASG vehicles with or without reasonable suspicion in order to enforce this order or conduct an inspection. Furthermore, any government vehicle may be inspected by any Road Marshal or an officer of DPS.

The executive order also spells out how the Road Marshals are to conduct their enforcement, as questions started circulating in the community including among ASG employees as to the authority of Road Marshals to carry out enforcement.

Some lawmakers, who were made aware of the governor’s order, which was released by the Governor’s Office on Tuesday, have also raised the same issue of enforcement authority by Road Marshals and how they will be carrying out enforcement as Road Marshals are not sworn-police officers.

According to the order, Road Marshals may stop government vehicles by directing them to stop with hand signals or signs. They may set up check points on public highways that require every government vehicle that is subject to this order to stop for inspection.

It says that Road Marshals are prohibited from using a blue light or siren to conduct a traffic stop. Vehicles operated by Road Marshals “may be equipped with amber lights for safety” — but the order doesn’t detail what “amber lights” are.

During the inspection, the order states that the Road Marshal may inspect and question any driver of any vehicle that is owned or operated by the Executive Branch without any suspicion at any time of day for the purpose of ensuring compliance with this order.

During any inquiry made — pursuant to this order — the driver shall present the driver’s personal driver’s license, that is required under local law, ASG employee official driver’s license, maintenance and dispatch records, after hour permit that allows the use of the car after hours, or any other documentation that is required.

And during any inquiry, the driver shall advise the Road Marshal or the police officer of the reason they are operating the vehicle and answer any questions reasonably related to the enforcement of this order.

“No driver may leave until the Road Marshal or [police] officer has completed their inquiry,” the order states and stressed that “Road Marshals and drivers shall treat each other with respect during any stop or encounter.”

The order also provides instructions of what the Road Marshal should do, if the Road Marshal believes there is reasonable suspicion or probable cause of criminal activity or a traffic violation. It says that the Road Marshall shall summon a police officer and upon arrival of the officer, the Road Marshal shall report their observations.

And if an arrest is made, the Road Marshal shall:

• immediately report the arrest to the Chief of Staff and the driver’s director or agency head;

• take charge of the government-owned or operated vehicle unless it is required for further processing by DPS; and

• provide the officer with a written report of the Road Marshal’s observations within one business day.

According to the order, if a police officer determines there is reasonable suspicion or probable cause of criminal activity or a traffic violation, the officer will inform the driver who is the subject of the investigation that they are being detained and the encounter is no longer an administrative inquiry.

Furthermore, the Road Marshal shall keep a log of their daily activities including inspections of agency records and the details of every inquiry they make of a person operating a government-owned or operated vehicle.

And the log will be turned in to the Chief of Staff or designee during the next business day after they are conducted.

Samoa News will report in future editions on the other provisions in the order including operating hours for ASG vehicles.