The Board of Directors for the American Samoa TeleCommunications Authority has extended the contract for Moefa’auo Bill Emmsley, ASCTA’s CEO for another 12 months however it is conditional, and on a month-to-month basis.

In response to Samoa News queries, ASTCA Board Chair, Roy Hall Jr said the board met on March 26, 2014 to extend the CEO’s contract and it was passed with the condition that the contract continue on a month to month basis for a period not to exceed 12 months from the CEO's current contract end date.

The Board also passed a resolution adding to the By-Laws a section limiting the CEO’s spending authority to $50,000, and the authority will not permit unbundling of purchases to avoid the spending authority limit. The CEO is also to inform the board of any expenditure that has a high risk factor, involves any controversial matter, or may bring ASTCA under public scrutiny.

According to the amendments to the ASCTA By Laws, the CEO will be guided by ASG Procurement policies and procedures relative to goods and services to be acquired.

The purpose is to require internal controls to provide assurance that all financial transactions are in compliance with Board approved policies and procedures. The Board retains the general and overriding power to enter into all financial transactions that are binding for ASTCA.

The CEO shall not knowingly cause or allow any organizational practice to occur which violates ASTCA executive orders, statutory, regulatory, procurement or professional ethics in business relationships, and all transactions shall be in the best interest of ASTCA.

The CEO is not authorized to approve financial transactions where he has an apparent or real conflict of interest, or a personal benefit outside of ASTCA activities or operations.

He also may not designate limits of his designated spending authority to any other officer, senior manager or staff.

Routine operating expenditures within the Board approved operating budget may be authorized by the CEO as long as it is within the designated spending authority set forth in the amended By-Laws.

According to the resolution, “The spending authority allowed herein shall not be used for any CEO or other ASTCA staff compensation. Any agreements or contracts exceeding the CEO spending authority shall be presented to the Board for review and approval as soon as practical for compliance with ASTCA procurement rules and regulations.”

All other matters involving financial activities of ASTCA shall be approved by the Board, and that shall include the appointment of banking institutions, appointment of the external auditor and any non-audit services in support of the external auditor.

BACKGROUND

During a hearing before the House two months ago, another issue that was uncovered, according to the ASTCA CEO, is that the CEO does not have a set of guidelines or procedures from the ASTCA board, as to what his responsibilities are. Moefa’auo noted that’s how the Executive Order is written — everything must be approved by the board. “If we go into the policy, [it’s] little things, like staples, pencils — that’s if we follow the actual letter of what’s written in the Executive Order. __

“I have been trying to get the board to come up with procedures as well as executive direction which I can use as guidance in terms of my operation” Moefa’auo said.

“It’s clear the board governs the policy” and he’s with the operations, the ASTCA CEO continued, saying that if he were to follow the Executive Order practically, he could not do his job.

He stated,“The board shows up once a month, while I come day in and day out and I have to execute decisions on the spot and on the ground. I can’t wait for 30 days until they (the board) show up and I ask them for approval to buy four tires and get fuel to Manu’a. It’s ineffective and impractical.”

Moefa’auo said he suggested that under the Executive Order there should be an implementation clause, for example, one which is similar to his suggestion to the board to limit his authority as to what he can sign off in terms of monetary value for contracts. Maybe he can sign up to $100,000, while anything beyond that must be subject to board approval, he had suggested.

“Same thing in personnel matters — none of those exist at this time, which debilitates my ability to actually operate the operation. They only meet once a month, I'm the one that comes in every single day, try to meet the payroll, get the operation rolling and make decisions. Then some of the decisions, may result in their displeasure… but that’s the reality of where we are now,” said the CEO.