Pago Pago, AMERICAN SAMOA — Two of the four nominees to the American Samoa Power Authority Board of Directors have been confirmed by the Senate recently.

Assistant Attorney General Talaimalo Marcellus Uiagalelei and Senate President’s Special Advisor Tamaalemalo Tasi Mauga both received a unanimous vote of 14 yeas to zero nays.

The other nominees are Douglas Buhr and Folasa Galeai.

NOMINEES

Nominated by Governor Pulaalii N. Pula, Talaimalo currently holds the position of Chief Prosecutor in the Attorney General’s Office. The governor noted that with a robust career spanning 15 years as a private attorney, Talaimalo has developed a deep understanding of various legal issues. Previously, he served as Assistant Legal Counsel to then-Governor Togiola Tulafono.

Tamaalemalo is a distinguished U.S. Air Force veteran and currently works as a special advisor to the Senate President. Throughout his career, he has amassed extensive experience in public service, including a tenure as the Director of Administrative Services, and the administrator and commissioner for Workmen’s Compensation. He also contributed his expertise as the Personnel and Industrial Manager for StarKist Samoa for four years.

Buhr is the President and Principal Engineer of Douglas Engineering Pacific Inc., a reputable firm based in Hawaii, recognized for its innovative engineering solutions. He specializes in designing energy-efficient lighting and power systems tailored for diverse applications. His proficiency is in retrofit renovation and remodel designs. Buhr's project experience in American Samoa dates back to 1988.

Folasa is a skilled aircraft mechanic at Hawaiian Airlines. Prior to this role, he served at the American Samoa Power Authority (ASPA) as a power generation electrician and operator.

CONFIRMATION HEARING

Last Friday, during the confirmation hearing for the appointed members of the American Samoa Power Authority (ASPA), several issues were discussed regarding the nominees, Assistant Attorney General Talaimalo and Senate President Special Advisor Tamaalemalo.

Senate President Tuaolo Manaia Fruean initiated the session by questioning whether a potential conflict of interest could arise if Uiagalelei, who serves as a prosecutor, were to concurrently hold a position on the ASPA board.

In response, Uiagalelei clarified that ASPA operates under an executive order and functions within the Executive Branch of the Government. He assured the committee that should any conflicts arise, ASPA would seek guidance and clarification from the Attorney General’s office to navigate such issues responsibly.

Tuaolo then shifted the focus to Uiagalelei's law firm, asking if it remains operational. Uiagalelei explained that after accepting a position with the AG’s Office at the request of the former Attorney General, he remains committed to serving his existing clients with pending cases, although he has refrained from taking on new clients. He emphasized that these cases were assigned to him by the court, illustrating his dedication to fulfilling his professional obligations.

During the hearing, Tuaolo inquired whether Uiagalelei receives housing benefits as the Chief Prosecutor. Uiagalelei confirmed that he does and stressed that these housing benefits were essential to his decision to accept the job.

According to his contract, these benefits amount to approximately $1,500 per month, along with additional utility allowances. He elaborated that these benefits were established prior to his appointment and were integral to the negotiation of his contract.

Tuaolo pointed out that these benefits were originally designed for lawyers contracted from overseas who do not have housing arrangements on island.

He expressed no objections to the provision of these benefits but questioned why they are not incorporated into the official salary structure. He noted that the Senate was taken aback by the revelation of these benefits, as they had only recently become aware of their existence.

Furthermore, Tuaolo raised ethical considerations regarding the decision to provide such benefits to individuals in Uiagalelei's position.

In response, Uiagalelei elaborated on the intent behind these benefits, explaining that the initiative was designed to attract qualified legal professionals to the Attorney General's office.

He noted that he was previously earning a considerably higher salary at his private law firm, yet chose to accept this position to assist the then AG with prosecutorial matters, aware of the critical shortage of legal practitioners on the island. His decision was rooted in a strong sense of duty to ensure the effective administration of justice in a region grappling with limited legal resources.

Tuaolo emphasized the need for transparency and accountability, questioning why such benefits are not included in the salary. He suggested that even with an annual income of $130,000, the benefits should be clearly stated as part of the overall compensation package.

Senator Togiola Tulafono later commended both Uiagalelei and Tamaalemalo for their willingness to contribute their expertise and serve on the ASPA Board of Directors amid the island's pressing needs.

He then raised a specific query about Uiagalelei's failure to include his previous role as legal counsel for the Congregational Christian Church of American Samoa (CCCAS) on his resume.

Uiagalelei’s response did not answer Togiola’s question.

Instead he responded that he had made the decision to resign from that position to avert any potential conflict of interest, particularly in light of his responsibilities as Assistant Attorney General.