The Administrative Law Judge has yet to schedule a hearing on a complaint filed by Margaret Sesepasara, through her lawyer Charles Alailima, after the acting director of the Department of Health failed to promote Sesepasara as deputy director of nursing at DOH.

The complaint names the American Samoa Government, Director of Human Resources Evelyn Langford Vaitautolu and Acting Director of Health Elisapeta Ponousuia as defendants in this matter.

The complaint states that the DOH Acting Director failed to promote and place Mrs Sesepasara in the position of Deputy Director of Nursing within the DOH, although she was recommended by the professional panel appointed to review the candidates for the promotion under the orders of the Director of Human Resources.

It's alleged that Evelyn Langford Vaitautolu, as DHR Director conducted a review of the process and procedure for this promotion and issued her finding on May 21, 2012, directing the acting director of DOH to promote Sesepasara.

The complaint states that Ponausuia refused to act on the order and asked for a review and reconsideration of the findings and order.

On July 31, 2012 Vaitautolu denied the request by Ponausuia and directed the DOH acting director to comply with the previous order, to promote Sesepasara by August 14, 2012.

But according to the complaint filed, by August 14, 2012, Sesepasara was still not promoted.  It’s alleged that Alailima advised Vaitautolu, through their lawyer, that if no action was taken regarding Mrs Sesepasara’s promotion within two weeks of August 14, 2012 they will file an official complaint with the Administrative Law Judge (ALJ) seeking to enforce the order.

The complaint seeks for the ALJ to award Sesepasara her promotion and position and pay grade as the Director of Nurses, effective January 23, 2012.

Samoa News asked the government if they have filed a response to the complaint. Assistant Attorney General Sarah Everett stated that the government has yet to respond to the complaint.