Sharron Rancourt, attorney for Department of Health division head Aileen Solaita says they intend to challenge the termination letter that was sent to her client last month. The termination letter that was effective on February 3, 2016 written by Human Resources Director Le’i Sonny Thompson said the termination is based on the recommendation of Director of Health Motusa Tuileama Nua with the support of Attorney General Talauega E. Ale, following a thorough review of what Le’i characterizes as “Solaita’s continuous acts of insubordination and general disregard for instruction from leadership and mishandling government property and resources,” according to the letter.

The Human Resources Director says the recommendation and supporting documentation show her conduct of insubordination has caused significant risk to federal monies awarded for the service of the Maternal, Infant and Early Childhood Home Visiting Program (MIECHV). “These revelations have posed serious and long-term implications towards future awards to the Department of Health and the American Samoa Government. Your conduct and improprieties with the misuse of government property constitutes the following; below job standard performance; repeated refusal to abide by Department of Health Policy and Instructions by superiors; and unauthorized use of government asset and property for personal use.”

Le’i says these violations caused Solaita’s performance and conduct to be unsatisfactory as per ASAC §4.0801. “It is my belief that your termination will not only promote efficiency in this office, but is in the best interest of government service. We have reviewed your response to Director Nua’s intent to recommend Termination on September 14, 2015 in accordance with ASAC 4.0802(d)(4) which states, “If the employee answers the charges, his/her answer must be considered by the agency.”

Following consideration of the answer, “we have reviewed Director Nua’s final recommendation of Termination issued on September 25, 2015 and find it appropriate given the severity of your acts of insubordination and conduct unbecoming a career service employee.” Solaita was given the right to appeal the decision to the Administrative Law Judge within ten calendar days of receiving this letter.

Solaita responded through her attorney Rancourt, and Samoa News was unsuccessful in efforts to get a copy of her response. Samoa News understands that Solaita will battle her employment termination before the ALJ this Thursday, Feb. 25.

BACKGROUND

Last year the DoH Director told Samoa News that the delay in applying for the $700,000 drawdown grant funding for reimbursement led him to reassign three managers including Solaita. He stated that the three managers were not doing their jobs in working with the grantors to get the drawdown to reimburse funding that’s already been used to pay for the 163 employees in the Job Training (OJT) Program. According to Motusa, the matter was discussed with Le’i as to what appropriate action to take against the three employees — actions included possible termination, suspension, or demotion. The other two women have since resigned from their posts.

This is the second time Aileen Solaita has been under the microscope of Human Resources. In August 2015 the HR Director moved to terminate her and her husband Justin Solaita, however Samoa News notes while they proceeded with the termination of Mr. Solatia, HR was unsuccessful with their move to terminate Mrs. Solaita, as she’s remained working at DoH.

In response to the first move by DoH to terminate her, Solaita demanded a public apology from the Human Resources director noting that his accusations were false. She has asked for a retraction of his words, because she does not have a felony conviction, which was alleged in the letter terminating her services with the DoH.

Samoa News looked into the Hawai’i State Judiciary website and found that on Sept. 6, 2000, 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 was granted.

Under Hawaii State law for deferred acceptance of guilty plea or nolo contendere plea (plea of no contest), in 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.”