Senate bill would clarify and define criteria & requirements for confirmation of directors

Pago Pago, AMERICAN SAMOA — A bill which would amend the requirements and criteria of directors of Cabinet Departments and heads of bureaus and offices under the Governor’s Office in order to be confirmed by the Fono was introduced in the Senate yesterday by Senator Togiola T.A. Tulafono.

The bill seeks “to establish clear and consistent language as to which director must be confirmed by the Legislature as well as criteria for the appointment of directors,” according to the Preamble of the bill.

The proposed bill would require a majority vote by both chambers of the Fono for confirmation.

It should be noted that the part of the bill requiring that directors of Cabinet Departments, the heads of bureaus and offices who do not report to a department head, and all agencies and offices under the Governor's Office, be confirmed by a majority vote of both chambers of the Fono is already part of the budget law — which is the annual appropriations act passed by the the Fono.

However, what is new is that the proposed bill would require that "directors are US Citizens or US Nationals of American Samoa ancestry, ensuring that those appointed have a vested interest and deep connection to our community.

"By requiring directors to be continuous residents of American Samoa for at least 12 months before confirmation, promotes a leadership that is well versed in local issues and needs, thereby enhancing the effectiveness of their governance," the bill reasoned.

This part of the amendment, if passed, would basically not allow an administration to hire a director or head of an office/ bureau/ agency who is a non-resident, and also includes foreigners, which under the bill’s language would be anyone who is not a US citizen or a US national of American Samoa ancestry.

However, the bill does not define “American Samoa ancestry”, leaving it open to ambiguity, and implying race bias of those born in American Samoa — who are US Nationals by birthright.

The bill also stipulates that to maintain high ethical standards within the government, "directors must not have been convicted of misdemeanors involving moral turpitude or felonies. This requirement ensures that those in leadership positions have demonstrated a commitment to integrity and accountability."

According to the bill's Preamble, "the effectiveness and integrity of leadership within our government departments are paramount to ensuring the delivery of services and the advancement of our community's welfare.

"As such, it is crucial to establish clear and consistent language as to which director must be confirmed by the Legislature as well as criteria for the appointment of directors. By clarifying and defining both, we aim to ensure that all appointed directors possess the necessary criteria, commitment, and integrity needed for their roles."

The bill goes on to say that "these changes outline the essential qualifications for director roles. It removes ambiguity and ensures a consistent and transparent [sic] of the law. This clarification is vital for maintaining the trust and confidence of the public in our government's process."

"These changes in the law demonstrate our duty and responsibility to improve the overall effectiveness of our government. Qualified, committed, and ethically sound leadership is crucial for implementing policies and honest governance," the bill declared.

It has now been referred to the Senate House Rules Committee, which is chaired by Senate President Pro Temp Senator Magalei Logovi'i.