Pago Pago, AMERICAN SAMOA — The High Court has ruled that Keniseli Lafaele remains a duly appointed trustee of the American Samoa Government Employees’ Retirement Fund and must be allowed to participate fully in all board activities unless and until he is lawfully removed by the Governor under the governing statute.

The decision, issued by Chief Justice Michael Kruse and Associate Judges Muasau Tofili and Tunupopo Alalafaga, resolves the lawsuit filed by Lafaele against Retirement Fund Board members Tuaolo Manaia Fruean, Loa Tauapai Laupola, Tony Togiai, Toloai Ho Ching, the American Samoa Government, and ASGERF. Lafaele had sought declaratory relief affirming his status as a trustee and challenging the Board’s actions in excluding him from meetings and deliberations.

According to the court’s findings, the dispute began on April 24, 2025, when Lafaele received a letter from the Acting Executive Director informing him that the Board had unanimously voted to remove him “effective immediately.” Lafaele responded five days later, noting that only the Governor—not the Board—has statutory authority to remove a trustee. A subsequent letter from Chairman Tuaolo attempted to reframe the action as a “vote of no confidence” intended for transmission to the Governor, yet simultaneously instructed Lafaele not to attend any further meetings until the Governor acted.

The court observed that despite this shift in terminology, the effect was the same: Lafaele was barred from participating, received no further meeting notices, and was treated as if he had been removed from office. The judges described the Board’s position — that Lafaele was still technically a trustee but “suspended” — as disingenuous.

In its ruling, the court emphasized the clarity of the statute governing trustee removal. Only the Governor may remove a trustee, and only for breach of fiduciary duty or just cause. No other entity holds that authority. By excluding Lafaele from meetings and preventing him from carrying out his duties, the Board had effectively executed an unauthorized removal.

The court therefore declared that Lafaele remains a de jure trustee and must be reinstated to full participation for the remainder of his five‑year term, unless the Governor lawfully removes him.

However, the judges declined to invalidate all Board actions taken during Lafaele’s exclusion — as petitioned by the lawsuit. They noted that the Fund is governed by a seven‑member board and that Lafaele holds only one vote. Without evidence demonstrating that his absence altered specific outcomes, the court found no basis to declare all decisions void. The burden of proof, they said, rested with the plaintiff, and had not been met on this point.

Lafaele was represented by attorney Charles Alailima. The Board of Directors was represented by Mitzie Jessop‑Taase, while the American Samoa Government was represented by Roy J.D. Hall Jr. and Luisa Lafitaga.