Senate president questions legality of governor’s dismissal of six ASTCA board members

Senator Togiola T.A. Tulafono
ASTCA Senate hearing postponed, after no witnesses
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — Senate President Tuaolo Manaia Fruean raised concerns regarding the legality of the Governor's decision to dismiss six members of the American Samoa Telecommunications Authority (ASTCA) Board of Directors while he is overseas, during yesterday’s Senate Government Operations Committee hearing that was seeking clarification on the funding sources for the recent America 250 celebration held in July of this year, organized by ASTCA.

The ASTCA hearing was convened by Senator Togiola Tulafono, chairman of the Committee, who had asked for a detailed explanation of how exactly the celebration was funded — ASTCA versus federal versus private. The inquiry was a result of public complaints.

The hearing opened with the Chair notifying the Senate of three letters he had on hand concerning the ASTCA inquiry; and that no witnesses had arrived for the hearing.

Togiola stated that the first letter, dated August 27, 2026, was from the Governor’s Office, endorsed by Chief of Staff Leonard Seumanutafa. The letter was addressed to the Chairman of the Senate Committee on Government Operations and requested that the hearing be postponed until September 8, 2026, to allow the ASTCA Chief Executive Officer to attend. However, Togiola said that the hearing scheduled for Monday was meant for the ASTCA Board of Directors, not the CEO, and he has yet to respond to this letter.

The second letter Sen. Togiola cited, dated Monday, Aug. 31, 2026, was from ASTCA board member Moli Lemana, informing the Senate that he is unable to attend because of a correspondence dated Aug. 28, 2026, from the Governor announcing his removal from the ASTCA Board, along with others.

Togiola read out the third letter in full — it was the governor’s ASTCA board members “removal“ letter — and he included reading out the names of the six members of the ASTCA board to which it was addressed, that it seemed to be signed by governor, and cced to the ASTCA CEO.

The Chair raised several concerns about the Governor’s letter. 

He noted that it was signed by the governor, on the 28th, and yet he is traveling overseas. Togiola pointed out that this raises significant questions, particularly concerning the appropriateness of the Governor's actions during his absence. 

Togiola expressed astonishment that the letter from the Governor had arrived so fast in the post — as he is off-island — and he, Togiola, has never seen the post arrive this fast. 

In particular, he pointed out that the two letters, the one signed by the Chief of Staff, and the other by the Governor highlight a disarray within the administration. Togiola spoke of a noticeable lack of common courtesy in how these communications were handled — how the governor is “looking down“ at the Lt. Governor and the Fono.

He specifically queried the Lieutenant Governor's whereabouts and engagement, as he has the authority to act and represent the Governor in his absence. Togiola emphasized that this situation clearly indicates a troubling lack of respect for the Lieutenant Governor and the Legislature, raising concerns about overall governance and communication within the administration.

Togiola then expressed concern about the Governor's recent decisions to remove members of the ASTCA Board of Directors. He pointed to the drastic action coming on the heels of their request to clarify the funding mechanisms used for the America 250 celebration, which was organized by the American Samoa Telecommunication Authority (ASTCA). 

In light of these developments, Togiola suggested that subpoenas be issued to individuals from both the Governor’s office and the outgoing ASTCA board members to ensure accountability. 

He pointed out that witnesses have not appeared before the Committee because they are no longer on the ASTCA board. He highlighted that while the outgoing members are no longer on the Board they can still testify as to the knowledge they have concerning ASTCA matters.

DISCUSSION

Senate President Tuaolo spoke of the unprecedented action by the governor to bypass the Lt. Governor in decisions related to government operations when the Governor is out of the territory. He noted that he has seen nothing like this in his 60 years of public service. 

Tuaolo asked Togiola directly if the governor’s letter was legal — that the governor could travel outside, and still fire people, while the Lt. Governor was present on island.

Sen. Togiola, a lawyer by profession, explained that ASTCA was established by an Executive Order in 1999. Tuaolo interjected, “The executive order that you (Togiola) did! And now we are troubled by it!“ Togiola responded quietly that the executive order was done by Gov. Tauese Sunia. 

He acknowledged changes during Lolo Moliga's tenure as Governor, but he is not familiar with the specifics; but pointed out that the Board is appointed and can be dismissed at the will of the governor because of its EO beginnings.

Togiola said however, while the governor has the right to appoint or dismiss ASTCA board members, he is concerned that the Government seems to be run from overseas/ outside, even while the Lt. Governor is present and capable of acting on behalf of American Samoa.

Tuaolo asked what then be done about this?

Togiola replied that he does not think there is anything much to worry about. Their (Legislature) work continues and there is no need to fear the beating of this tin can from the Governor. 

He continued that this is just the beating of a tin can (noise) used to call animals, not people — so this tin can belongs to the Governor, so let him use it to call animals; but, because it has caused problems with their work (Monday’s hearing) he asked again that subpoenas be sent out to outgoing ASTCA board members as private citizens to be witnesses. He asked for a mau/ resolution to request the subpoenas.

Tuaolo brought up his concern about the government budget, asking who would testify for ASTCA’s budget, since there is no longer a Board. 

Togiola replied that while the CEO and CFO can testify for the budget, the question is how the budget can be justified, as under the EO, it is the Board that verifies/ certifies the authority’s proposed budget. 

He further noted that with the dissolution of the Board, he believes the Authority, which is run by the Board has now also been dissolved. Togiola said this is what the hearing will query when held. 

Tuaolo urged the Senators to take corrective measures to address what he described as “this madness” surrounding ASTCA's governance. He highlighted a troubling pattern in which the Lt. Governor has been consistently kept in the dark regarding important decisions and actions, while the CEO of ASTCA has been included in relevant communications. He pointed to the dismissal letter cced only to the ASTCA CEO.

“This is an insult to the Lt. Governor and the entire Legislature,” Tuaolo remarked, indicating that such disregard for the Lt. Governor undermines the integrity of the government.

A call for it to be investigated by the SSIC was also brought to the floor by one of the senators.

Senator Magalei Logavi’i introduced the resolution to send subpoenas out. He added that the ASTCA budget should be put to the side until the issues are resolved — especially as there is no Board chairman.

Samoa News should point out that two members of the ASTCA board were not addressed in the dismissal letter — the Chairman of the Board, Avamua Dave Haleck and the Secretary of the Board, Andrew Berquist (ASG Broadband director). It is unknown if they are still on the Board, which would mean the Board is still ongoing — it just doesn’t have a quorum?

Shortly thereafter, during the hearing, Senator Muagututi’a Tauoa took the floor to voice his own concerns, stating that the Governor has shown a blatant lack of respect for both the office of the Lt. Governor and the citizens of American Samoa. 

He elaborated on the Executive Branch's role as one of the critical arms of government, emphasizing that respect for its functions is essential to proper governance. Muagututi’a called out to the Governor, asserting that his actions reflect a disrespectful attitude toward the people. He remarked, “We have chiefs who return from America only to behave as if they possess all the answers.” 

He continued, addressing the Governor directly: “If you are listening, Pula, this is not your government. This government belongs to the people of Tutuila and Manu’a. You cannot run it as if it is your personal domain. No one should vote for you, Pula. 

“It is high time we consider changing our Governor and take steps to subpoena the outgoing board members of ASTCA. We are aware that something is amiss, as evidenced by the recent dismissals of the ASTCA Board of Directors,” said Muagututi’a. 

The hearing concluded with the Senate moving to subpoena the outgoing ASTCA Board members to appear on September 14, 2026.