Department of Health Manager Aileen Solaita is demanding a public apology from Human Resources Director Sonny L. Thompson, noting that his accusations are false. She has asked for a retraction of his words, because she does not have a felony conviction, which was alleged in a letter terminating her services with the DOH.

Earlier this week, Thompson moved to terminate the services of Mrs. Solaita and her husband, alleging that the couple, who were both working for DOH, allegedly “failed to mention” their felony offenses, which he said were uncovered through background checks, along with allegations of theft and insurance fraud.

DOH Division head Aileen Solaita and her husband Justin Solaita, who’s a Certified Nurse’s Aide were informed of the decision through a letter leaked to Samoa News and dated July 27, 2015.

According to the letter to Mrs. Solaita, the correspondence served as ASG’s formal notice terminating her employment effective Wednesday August 26, 2015.

For her husband, the government opted not to renew his temporary contract.

In response, Mrs. Solaita retained the services of attorney Sharron Rancourt, who wrote to the HR Director in a letter dated August 5, 2015.

Rancourt stated in her letter that a careful review of Mrs Solaita’s record, including relevant court records from the state of Hawai’i, reveals that she does not have a felony conviction.

“Indeed, she has never been adjudicated guilty for any felony,” Rancourt said, and pointed out to the HR Director that his letter relies in part “on documents purportedly obtained from the Department of Homeland Security.

“While I have not seen the Department of Homeland Security documents you reference, I am certain that there are no records, including the  DHS records,  showing any felony convictions for Ms Solaita,” Rancourt said. “A review of the Hawaii state records on-line public Circuit Court database could have confirmed the absence of any felony conviction.”

Rancourt, in her letter to the HR director further states that Thompson’s accusation that Mrs. Solaita sustained a felony conviction is “irresponsible, untrue and per se defamatory.”

She further stated that in light of the seriousness of the false accusation, “we are asking that you immediately retract your allegations and issue a public apology. We further request that you forthwith rescind your employment termination notice. Failure to retract your statements and failure to issue a public apology may subject you to court proceedings for defamation.”

Rancourt went on to say that, absent any felony conviction, there is no basis to terminate her client. “I trust that you will carefully research this matter, obtain the appropriate records and issue the appropriate apologies and retractions. Ms Solaita is also requesting an opportunity to orally present her information before you and the Department of Public Health Director.”

In the HR Director’s letter it says, in accordance with ASCA 7.0205(e) “the government shall not hire nor continue to employ anyone convicted of a crime involving stealing embezzlement, or misappropriation of property, which is classified as a felony in American Samoa and or any other country.”

The HR letter says that during their review of Mrs. Solaita, the Department of Homeland Security obtained background information that identified two felony charges against her on September 2000 for allegations of theft and insurance fraud. Also in Thompson’s letter he indicated to Mrs. Solaita that she failed to mention these offenses in her ASG application and that both offenses “were committed after your 21st birthday.”

Samoa News notes that on the ASG application it asks, “Have you ever been convicted of a crime or forfeited collateral or are you now under charges for any for a crime other than minor traffic offenses? You may answer No if the conviction occurred before your 21st birthday? If yes explain below.”

Samoa News looked into the Hawai’i State Judiciary website and found out that on September 6, 2000, Mrs. Aileen Solaita pleaded no contest (a nolo contendere plea) and on June 6, 2005 by order of the court — with no objection by the state — early discharge of charges against Mrs. Solaita were granted.

Under Hawai’i State law for deferred acceptance of guilty plea or nolo contendere plea (plea of no contest); discharge and dismissal, expungement of records... it also says on section (d) “discharge of the defendant and dismissal of the charge against the defendant under this section shall be without adjudication of guilt, shall eliminate any civil admission of guilt, and is not a conviction.”