Title 4

 

 

EXECUTIVE

 

Chapters:

 

01 

Governor and Lieutenant Governor

02 

(Reserved)

03 

Executive Departments, Boards, and Agencies

04

Territorial Audit Office

05 

Department of Treasury

06    

Office of Administrative Law Judge

07     

Department of Human Resources

08 

Independent Prosecutor

09   

(Reserved)

10 

Administrative Procedures

11 

Public Records

12 

Archives and Records Management

13    

Developmental Disabilities.

     14 

 

 

Sections:

Office of Protection and Advocacy for the disabled.

 

Chapter 01

GOVERNOR AND LIEUTENANT GOVERNOR

4.0101

Election of Governor

4.0102

Qualifications of Governor and Lieutenant Governor.

4.0103

Nomination procedures.

4.0104

Election procedures.

4.0105

Term of office.

4.0106

Line of succession.

4.0107

Right of succession.

4.0108

Recall proceduree.

4.0109

Impeachment.

4.0110

Compensation and perquisites-Allowances for former Governor and surviving spouses-“Former Governor” defined.

4.0111

Powers of Governor-Appointment and confirmation.

4.0112

Appointive powers and confirmation procedures.

4.0130

Powers of Lieutenant Governor.

4.0131

Delegation of executive authority.

4.0140

 

Authorization to borrow money and incur indebtedness.

Reviser’s Comment: PL 15-23 § 1 (1977) provided:

 

This chapter shall be known and may be cited as the Omnibus Local Governor Act of 1977.

 

                                  4.0101              Election of Governor.

The Governor and the Lieutenant Governor shall be elected at the same time as the

U.S. Presidential year general elections.

 

History: 1977, PL 15-23 § 1.

 

Case Notes:

 Territorial election statutes provide no right of appeal to board of registration from chief election officer’s determination that a person is ineligible to run for elective office.  A.S.C.A. §§ 4.0101 et seq., 6.0101 et seq.  Siofele v. Shimasaki, 9 A.S.R.2d  3 (1988).

 

                                  4.0102                Qualifications of Governor and Lieutenant Governor.

(a) Candidates for the office of Governor and Lieutenant Governor shall be:

(1)                  either a United States citizen or a United States national:

(2)                  a bona fide resident of American Samoa for 5 years immediately preceding the election; and

(3)                  at the time of assuming office, 35 years of age or older.

(b) Persons otherwise qualified for nomination as candidates for either Governor or Lieutenant Governor are not precluded from nomination for reasons of not qualifying under paragraph (a) (2) of this section if by reasons of absence from American Samoa the absence occurred in connection with:

(1)                  service with the armed services of the United States;

(2)                  service with the United States Government or any of its agencies or instrumentalities;

(3)                  service with the government or any of its agencies or instrumentalities; or

(4)                  while in the pursuit of his or her education.

(c)    Persons who are serving as the incumbent appointed Governor and Lieutenant Governor at the effective date of this chapter are not eligible for election to the office of Governor or Lieutenant Governor at the first gubernatorial election in American Samoa.

(d)    Any person convicted of a felony under the laws of American Samoa, the United States, or the laws of any state of the United States is not eligible for election to the Office of the Governor or Lieutenant Governor unless the convicted person has been pardoned and has had his civil rights restored.

(e)    Any person separated from the Armed Forces of the United States under conditions other than honorable is not eligible for election to the Office of the Governor or Lieutenant Governor.

(f)     Candidates for the offices of Governor and Lieutenant Governor who are employees of the government in whatever capacity and for either the executive, or judicial branches, must resign their position with the government before commencing active campaigning. “Active campaigning” includes but is not limited to: the acceptance of a petition from the election official charged with that responsibility; any effort whatsoever that is designed to influence or obtain votes from qualified electors; and any activity that would cause a conflict of interest at the candidate’s position of employment with the government. In any event, candidates must resign no later than 60 days prior to the election date even if the events above have not occurred.

 

History: 1977, PL 15-23 § 1; amd 1977, PL 15-31 § 1.

 

                                  Amendments:      1977 Subsection (f): added.

 

                                   4.0103             Nomination procedures.

The candidates for the offices of Governor and Lieutenant Governor shall be nominated jointly by filing a petition in the same manner as candidates for members of the House of Representatives except that the nominating petition for candidates for Governor and Lieutenant Governor shall be signed by at least 300 qualified electors without regard to their representative districts.

 

History: 1977, PL 15-23 § 1.

 

                                   4.0104             Election procedures.

The Governor and Lieutenant Governor shall be elected jointly, by a majority of the votes cast by qualified electors. Each vote shall be applicable to both candidates. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast.

 

History: 1977, PL 15-23 § 1.

 

                                  4.0105          Term of office.

The first elected Governor and Lieutenant Governor shall serve terms of 3 years each from 12 noon on 3 January 1978 until 12 noon 3 January 1981 and until their successors are elected and qualified. All succeeding Governors and Lieutenant Governors shall serve terms of 4 years each commencing on 12 noon on 3 January next after their election and terminating at 12 noon on 3 January 4 years later, and until their successors are elected and qualified.

 

                                  History:        1977, PL 15-23 § 1.

 

                                  4.0106          Line of succession.

(a)    In case of temporary disability or temporary absence of the Governor, the Lieutenant Governor has the powers of the Governor.

(b)    In case of permanent vacancy in the office of Governor, arising by reason of the death, resignation, removal by recall, removal by impeachment, permanent disability of the Governor or the death, resignation, or permanent disability of the Governor-elect or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Governor.

(c)    In case of temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the powers of the acting Lieutenant Gover4nor shall be exercised by the Attorney General, then the Treasurer.

(d)    In case of temporary disability or temporary absence of both the Governor and Lieutenant Governor, the powers of the Governor shall be exercised, as acting Governor, by a person as the law may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the office of Governor shall be filled by the Speaker of the House for the unexpired term.

(e)    In case of permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, removal by impeachment, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, subject to confirmation by Legislature, at a special session called immediately for that purpose, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.

 

History 1977, PL 15-23 § 1.

 

                                  4.0107              Right of succession.

No person who has been elected Governor for 2 full successive terms may be again eligible to hold that office until one full term has intervened unless otherwise provided by law.

 

History: 1977, PL 15-3 § 1.

 

                                  4.0108              Recall procedure.

(a)                        Governors of American Samoa may be removed from office by a referendum election in which at least 2/3 of the number of persons voting for Governor in the last preceding general election at which a Governor was elected, vote in favor of recall and in which those so voting constitute a majority of all those participating in the referendum election.

(b)                       The referendum election shall be initiated by the Legislature following:

(1)    a 2/3, or more, vote of the members of each house of the Legislature in favor of a referendum; or

(2)    a petition for the referendum to the Legislature by qualified electors equal in number to at least 50 percent of the whole number of votes cast for Governor at the last general election at which a Governor was elected preceding the filing of the petition.

 

History: 1977, PL 15-23 § 1.

 

                                  4.0109              Impeachment.

(a)    The Governor and the Lieutenant Governor are subject to impeachment and, upon conviction, shall be removed from office.

(b)    The Legislature shall provide for the manner, procedure, and causes for impeachment including for conviction of felonies and for a course of conduct amounting to a gross abuse of power, as defined by law.

(c)    The House of Representatives has the sole power to bring articles of impeachment upon a vote of at least 2/3 of the entire membership. The Senate has the sole power to try impeachment, with the Chief Justice presiding, and, may not convict unless at least 2/3 of the entire membership concur. The members when sitting for that purpose shall be on oath or affirmation.

(d)    Conviction shall extend only to removal from office and disqualification to hold and enjoy any office of trust, honor, or profit under the Territory. The party, whether convicted or acquitted, is also liable to other prosecution under the law.

(e)    At the appropriate time and in the appropriate manner, this section or its substance should be considered as a Constitutional Amendment to the Revised Constitution of American Samoa.

 

History: 1977, PL 15-23 § 1.

 

4.0110 Compensation and perquisites-Allowances for former Governor and surviving spouses-“Former Governor” defined.

(a)    The Governor is entitled to an annual salary of $85,000 and other perquisites provided by law including but not limited to: the rent-free use of Government House (the Governor’s official residence in Fagatogo); the free use of vehicles for executive, ceremonial duties and family use; and a reasonable food, beverage and entertainment budget for the official residence specified by line item in the Governor’s annual fiscal budget.

(b)    The Lieutenant Governor is entitled to an annual salary of $75,000 a year and other perquisites as provided by law including rent-free government quarters, and free use of a vehicle for executive, ceremonial duties and family use.

(c)    Each former Governor shall be entitled, for the remainder of his life, to receive from the American Samoa Government a monetary allowance at the rate per annum of 60% of his highest salary during his last year in office, payable monthly by the treasurer of American Samoa Government.  However, such allowance is not payable for any period during which such former Governor holds an appointive or elective office or position in or under the American Samoa Government or the Federal Government to which is attached a rate of pay other than a nominal rate.

(d)    The surviving spouse of each former Governor shall be entitled to receive from the American Samoa Government a monetary allowance at the rate per annum of 30% of the former Governor’s highest salary during his last year in office, payable monthly by the Treasurer of the American Samoa Government.  The monetary allowance of such surviving spouse;

(1)   commences on the day after the former Governor dies;

(2)   terminates on the last day of the month before such widow;

(A)    dies; or

(B)     remarries; and

(3) is not payable for any period during which such widow holds an appointive or elective office or position in or under the American Samoa Government or the Federal Government to which is attached a rate of pay other than a nominal rate.

(e) As used in this section, the term “former Governor” means a person:

(1)    who, on or after January 1, 1978, shall have held the office of the Governor of the Territory of American Samoa for a full term of at least 4 years;

(2)    whose service in such office shall have terminated other than by removal pursuant to A.S.C.A., 4.0109 of this chapter; and

(3)    who does not then currently hold such office.

(f)  Funds shall be made available from the Office of the Governor’s budget.

 

History: 1977, PL 15-23 § 1; 1982, PL 17-52 § 1; amd 1985, PL 19-6 § 1; 2001, PL 27-3; 2001, PL 27-6.

 

                                  Amendments:      1982 Raised compensation.

1985 Subsection (b): added “including rent-free government quarters”.

 

                                  4.0111                Powers of Governor-Appointment and confirmation.

(a)    The elective office of the Governor of American Samoa is created. The Governor is responsible for the faithful execution of the laws. The Governor has powers and duties and responsibilities as delegated to him from time to time by the President of the United States or his designee, those portions of the U.S. Constitution applicable to American Samoa, the U.S. law applicable to American Samoa, the Revised Constitution of American Samoa, the American Samoa Code and by the direction of his own executive rules.

(b)    The Governor has general supervision and control of all departments, offices, divisions, bureaus, agencies or instrumentalities of the executive branch of the government.

 

 

History: 1977, PL 15-23 § 1.

 

Case Notes:

Because the Governor has general supervision and control of all executive departments, agencies and instrumentalities of the Government, personnel decisions are subject to his direction as long as his actions are in accordance with applicable territorial and federal laws and rules.  Rev. Const. Am. Samoa.  Art. II § 7; A.S.C.A. § 7.0110; A.S.C.A. §§ 4.0102, 4.0111(b).  Sala v. American Samoa Government, 21 A.S.R.2d 14 (1992).

 

                                   4.0112               Appointive powers and confirmation procedures.

(a)    Appointive powers of the Governor and the legislative confirmation procedures are as follows: directors of cabinet departments (those under 4.0301), and the heads of bureaus or offices who do not report either to the head of a cabinet department or to the head of a bureau or office whose appointment is subject to confirmation by the Legislature, shall be appointed by the Governor, and confirmed by a majority vote of the entire membership of each house of the Legislature. All other appointments shall be by the Governor unless by law that particular position is subject to confirmation by the Senate or by the Legislature.

(b)    Nominations of appointments made during an adjournment of the Legislature or less than 5 legislative days from the end of a legislative session shall be acted upon at the next regular session convened.

(c)    Appropriated funds shall not be used to pay employees for service in positions requiring confirmation if their names are not submitted for confirmation prior to the end of the next regular session after they begin service in those positions, and no person shall serve as an acting director of a department, office, or bureau for more than 90 days whether consecutive or not, without confirmation by the Legislature.

(d)    If a nomination of appointment is rejected, the authority to serve in office ceases immediately. Failure to confirm a nominee at a session at which his confirmation is considered does not preclude the Governor from resubmitting that name for the same position, at the next succeeding session.

(e)    The head of each executive department, bureau, or office subject to confirmation may hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified unless sooner removed by the Governor.

(f)     It is the specific intent of this chapter to empower the newly elected Governor to select his own team of department, bureau, and office heads, subject to confirmation.

(g)    All department heads incumbent upon the first day of the administration of the newly elected Governor, 3 January 1978, shall automatically tender their resignations effective that day. This resignation procedure shall be followed by incumbent department, bureau, and office heads, subject to confirmation, by tendering their resignations effective on the first day of a new Governor’s administration.

 

History: 1977, PL 15-23 § 1; 1978, PL 15-80; amd 1986, PL19-36 § 1.

 

Amendments: 1978 Section amended generally to add provisions relating to legislative confirmation procedures.

1986 Subsection (b): deleted “or special”. Subsection (C): replaced ‘may” with “shall”; deleted “or

special”; and added provisions for length of term.

 

                                  4.0130               Powers of Lieutenant Governor.

The elective office of the Lieutenant Governor of American Samoa is created. The

Lieutenant Governor has executive powers and duties as prescribed by the revised Constitution of American Samoa, the American Samoa Code or delegated by the Governor. The Lieutenant Governor has no legislative duties or functions.

 

History: 1977, PL 15-23 § 1.

 

                                  4.0131               Delegation of executive authority.

Authority but not the responsibility vested in the Governor or any other persons in the executive branch of the government may be delegated by that person to other officers and employees of the executive branch.

 

History: 1977, PL 15-23 § 1.

 

4.0140 Authorization to borrow money and incur indebtedness.

The Governor is authorized to allow the American Samoa Telecommunications Authority (ASTCA) in the name of the American Samoa Government, to borrow money and incur indebtedness for infrastructure projects, and mortgage, assign, hypothecate and give security interests in ASTCA property and earned revenue to secure such indebtedness.  Such authority to borrow shall be limited to only funds from the U.S. Department of Agriculture Rural Utilities Service (RUS) made available on July 2, 2009 under the American Recovery and Reinvestment Act.  This authorization to borrow money and incur indebtedness shall in no event exceed a total aggregate amount of ten million dollars ($10,000,000.00) and shall be limited for the purposes set out in ASTCA’s application for funding dated August 21, 2009.

 

History: 2010, PL 31-13 § 1.

 

 

Chapter 02

 

(RESERVED)

 

Chapter 03

 

EXECUTIVE DEPARTMENTS, BOARDS, AND AGENCIES

 

Sections:

 

4.0301

Required departments.

4.0302

Appointment-Investigative proceedings.

4.0320

Public Defender-Office created.

4.0321

Assistant Public Defender.

4.0325

Territorial Registrar.

4.0330

Registrar of Vital Statistics.

4.0335

Director of Manpower Resources.

4.0340

 

Department of Human Resources.

4.0301      

Required departments.

(a) There are, within the Executive branch of the territorial government, the following departments:

(1)      a department of legal affairs;

(2)      a department of health;

(3)      a department of public works;

(4)      a department of education;

(5)      a department of agriculture;

(6)      a department of administrative services;

(7)      a department of port administration;

(8)      a department of local government;

(9)      a department of public safety;

(10)  a department of parks and recreation;

(11)  a department of human resources; 

(12)  a department of treasury; 

(13)  a department of marine and wildlife resources;

(14)  a department of commerce;

(15)  a department of human and social services;

(16)  a department of youth and women's affairs; and (17) a department of homeland security.

(b) Each department has such responsibilities as are prescribed by law or assigned by the Governor.

 

History: 1962, PL 7-28; 1965, PL 9-25; amd 1976, PL 14-31; amd 1979, PL 16-39; amd 1980, PL 16-55 §

6; 1987, PL 20-14 § 1; PL 20-29 § 1; 1988 PL 20-62; amd 1997 PL 25-4, 2008, PL 30-35.

 

Amendments: 1976 Substituted department of health” for “department of medical services”, and “department of administrative service” for “department of administration services”.

1979  Added provision that the departments were within the executive branch, added department of public safety, and divided section into 2 subsections.

1980  Added paragraph (a) (10).

1987 Public Law 20-14: added paragraph (a) (11). Public Law 20-29: capitalized the word “executive”; added “the” before “territorial government;” added paragraph (a) (12).

 

Reviser’s Comment: Section 2 of PL 16-39. provided:

The office of public safety, administratively created, is abolished and such functions as are assigned by law are transferred to the department of public safety. Wherever the words “office of public safety” appear in the Code, the words ‘department of public safety” or “department”, if appropriate, are substituted.

 

                                  4.0302               Appointment-Investigative proceedings.

(a)  The Governor may appoint such boards, commissions, and executive agencies as he deems advisable.

(b) Any board of investigation which may be appointed shall have full authority to subpoena witnesses, administer oaths, and report contempt to the High Court, which shall punish as for contempt in open court. The proceedings and reports of a board of investigation shall be as designated by the Governor in the order convening any such board.

 

History: 1962, PL 7-28.

 

                                  4.0320              Public Defender-Office created.

(a)  The office of Public Defender is created as an independent agency of the executive branch of the government.

(b) The Public Defender shall be appointed by the Governor of American Samoa and confirmed by the Legislature, for a term of 4 years and shall serve until his successor is appointed and qualified. He may be reappointed for 1 or more subsequent 4-year terms.

Vacancies in the office shall be filled by the Governor for the unexpired term. The first Public Defender appointed pursuant to this section shall be appointed for a term commencing 1 January 1978.

(c)  The Public Defender shall be a qualified attorney who is a graduate of an accredited law school with at least 3 years of experience in criminal trial work, licensed to practice law in this territory, and shall be removed from office only for good cause by the Governor.

(d) The Public Defender shall devote full time to the performance of his duties and shall not engage in the private practice of law. The compensation of the territorial Public Defender shall be at the same grade as that of the Deputy Attorney General and shall not be reduced during the term of his appointment.

 

History: 1977, PL 15-57 § 1.

 

                                  4.0321              Assistant Public Defender.

(a)    Subject to the approval of the Governor, the Public Defender shall employ 1 or more Assistant Public Defenders, and at least 1 investigator, 1 secretary, 1 file clerk, and any other employees necessary to discharge the function of the office.            

(b)    The Assistant Public Defender shall serve at the pleasure of the Public Defender, be employed on a full time basis, and not engage in the practice of law.

(c)    The compensation of an Assistant Public Defender shall be at the same grade as that of an Assistant Attorney General.

 

History: 1977, PL 15-57 § 2.

 

                                  4.0325               Territorial Registrar.

(a)    The Governor of American Samoa or his authorized representative shall create and establish the position of Territorial Registrar.

(b)    The Territorial Registrar shall be a part of the executive branch and shall have his offices where the Governor or his authorized representative shall designate.

 

History: 1968, PL 10-53.

 

                                  4.0330               Registrar of Vital Statistics.

The Governor of American Samoa or his authorized representative shall create and establish the position of Registrar of Vital Statistics.  The Registrar of Vital Statistics shall be under the control and supervision of the Director of Homeland Security.

 

History: 1968, PL 10-53; 2008, PL 30-35.

 

                                  4.0335               Director of Manpower Resources.

Repealed by PL 25-40 § 2.

 

                                   4.0340              Department of Human Resources.

Repealed by PL 25-40 § 2.

 

 

 

Chapter 04

 

TERRITORIAL AUDIT OFFICE

 

Sections:

 

4.0401

Definitions.

4.0402

Office established.

4.0403

Territorial auditor.

4.0404

Appointment and term of office.

4.0405

Removal.

4.0406

Salary.

4.0407

Employees.

4.0408

Outside specialists may be hired.

4.0409

Annual plan.

4.0410

Clearance of all auditing services required by government agencies.

   4.0411

Audit standards.

4.0412

Audit procedures and requirements.

   4.0413

Audit reports.

 4.0414

Investigation reports.

 4.0415

Annual report.

 4.0416

Funding for the territorial audit office.

 4.0417

Budget.

 4.0418

Prohibitions.

 4.0419

Access to records.

 4.0420

 

Transition.

4.0401      

Definitions.

As used in this chapter unless the context requires otherwise:

(a)    “Agencies” or “agency” means any board, department, office, commission, committee, or agency created by the Constitution, statutes, or executive orders of the Governor.

(b)    “Audit” means an independent examination of books, performance, documents, records and other evidence relating to the receipt, possession, obligation, disbursement. Expenditure, or use of public funds by any agency or any activity of any agency or relating to any contract or grant to which any agency is a party, including any operations relating to the transactions. “Audit” includes financial compliance audits, economy and efficiency audits, and program results audits or any combination thereof as the territorial auditors may deem appropriate.

(c)    “Investigation” means an inquiry into specified acts or allegations of impropriety, malfeasance, misfeasance, or nonfeasance in the obligation, expenditure, receipt or use of public funds or into specified financial transactions or practices which may involve impropriety, malfeasance, misfeasance, or nonfeasance.

(d)    “Public funds” means any money, credit, or gifts in kind, from whatever source derived, used directly or indirectly for the support of any agency.

 

History: 1985, PL 19-21 § 1.

 

 

                                  4.0402              Office established.

There is established as an independent agency a territorial audit office, which shall be under the direction of the Territorial Auditor. The office includes the Territorial Auditor and his staff.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0403               Territorial auditor.

The Territorial Auditor must be a person experienced and competent in governmental auditing, financial management, or government operations and budgeting. The Territorial Auditor shall be a certified public accountant or a certified internal auditor holding a current certificate from any state of the United States.

 

History: 1985,  PL 19-21 § 1.

 

                                  4.0404               Appointment and term of office.

The Governor appoints the Territorial Auditor, who shall be confirmed by the Legislature. The Territorial Auditor shall serve a term of 4 years from the date of his appointment by the Governor. No person shall serve as Territorial Auditor for more than 8 years, whether consecutive or not. No person shall serve as Territorial Auditor, or as Acting Territorial Auditor without being confirmed by the Legislature, for more than 180 days, whether consecutive or not, in any calendar year.

 

History: 1985, PL 19-21 §1.

 

                                  4.0405              Removal.

The Territorial Auditor can be removed from office only by the Governor and with the affirmative vote of two-thirds of the members of each House of the Legislature, and only for one or more of the following causes: conviction of a misdemeanor or a felony, mental or physical incapacity, malfeasance, misfeasance, nonfeasance or unethical actions or conduct, or pursuant to subsection 4.0418 of this chapter.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0406              Salary.

The salary of the Territorial Auditor shall not be reduced during his term of office.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0407             Employees.      

Other than contract employees, such assistants and other staff as may be necessary shall be career employees within the limits of appropriations. 

 

History: 1985, PL 19-21 § 1.

 

                                  4.0408               Outside specialists may be hired.

 The Territorial Auditor may obtain the services of independent certified public accountants, qualified management consultants or other professional persons, as he deems necessary to assist him in carrying out his duties.  Independent specialists shall be used for any audit involving the territorial audit office, or with respect to which the Territorial Auditor or the territorial audit office has a conflict of interest, including an audit of any agency, contract, or grant for which the Territorial Auditor has had management responsibility or in which he was employed during 2 years preceding the time period covered by the audit, or during the 2 years preceding or subsequent to the audit time period.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0409              Annual plan.

The annual workplan of the territorial audit office may be amended at any time by the Territorial Auditor within the limits of available appropriations, without advance notice or permission from any person or agency.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0410                Clearance of all auditing services required by government agencies.

All audits required for or sought by a government agency shall be cleared through the territorial audit office.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0411               Audit standards.

(a)    The audit standards shall be consistent with the provisions of this act and with generally accepted auditing standards. The audit standards shall incorporate the standards for audit of governmental organizations. Programs, activities, and functions published from time to time by the United States General Accounting Office, including those standards issued by the American Institute of Certified Public Accountants referred to therein.

(b)    All audits conducted or caused to be conducted by the Territorial Auditor shall be performed with the highest degree of professionalism and with strict avoidance of any degree of partisanship or bias.

 

History:  1985, PL 19-21 § 1.

 

                                  4.0412                Audit procedures and requirements.

(a)                        At the conclusion of an audit, the Territorial Auditor or his designee shall discuss the audit with the officials whose agency, grant, contract, or activity was subjected to the audit and submit to them a list of his proposed findings which may be included in the audit report. The preliminary audit and proposed findings shall not be made public prior to the receipt of comments from the agencies solicited. If the officials are not available for personal receipt of the list of audit findings, then delivery shall be deemed made when it is delivered to the agency. The agency shall submit to the Territorial Auditor within 30 days after the receipt of the list of findings its written statement of explanation or rebuttal concerning any of the adverse or critical audit findings, including any corrective action to be taken to preclude a recurrence of any adverse findings. The Territorial Auditor shall publish the substance of the agency response in the audit report.

(b)                       An audit report shall make special mention of:

(1)                       any apparent violation of laws within the scope of the audit; and

(2)                       any improper expenditures, any improper accounting procedures, all failures to properly record financial transactions, and all other inaccuracies, irregularities, shortages, and defalcations.

(c) Specific allegations naming a person involved in improper or illegal acts found in connection with an audit shall be included in a separate confidential special report which shall be transmitted only to the attorney general and federal agencies when applicable.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0413              Audit reports.

Each report on a financial and compliance audit or an economy and efficiency performance audit must include a statement of the scope of the audit, the findings resulting from the audit the underlying cause and the significance thereof, and an explanation or rebuttal submitted by the agency audited. A copy of each report must be submitted to the Governor, the President of the Senate, the Speaker of the House, and the head of the audited agency. If the audit discloses an apparent violation of a criminal statute, a copy of the report shall also be submitted to the Attorney General. Audit reports are public records.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0414              Investigation reports.

Each report on an investigation must be submitted to the Governor, the President of the Senate, the Speaker of the House, the head of the agency or agencies investigated, and the Attorney General.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0415              Annual report.

The Territorial Auditor shall report on his activities and findings to the Legislature and the Governor at least once every calendar year, and this report shall be made public.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0416               Funding for the territorial audit office.

Adequate funds will be provided to allow the territorial auditor to carry out the responsibilities of the territorial audit office.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0417             Budget.

(a)    The Territorial Auditor shall prepare a budget in the same form as other agencies of the American Samoa government and shall be subject to the same budget ceilings. The budget of the Territorial Audit Office shall be included in the Governor’s budget submission to the Legislature. The Territorial Auditor shall have authority within budget limitation to approve expenditures.

(b)    If it should be necessary to obtain funds in excess of the balance in the budget account, a supplemental budget request shall be submitted to the Governor for presentation to the Legislature.

 

History: 1985, PL 19-21 § 1.

 

                                  4.0418              Prohibitions.

(a) The Territorial Auditor and the managers may not;

(1)     become a candidate for elective public office;

(2)     hold any other public office, by appointment or otherwise, except for appointments on governmental advisory boards or study commissions or as otherwise expressly authorized by law;

(3)     be actively involved in the affairs of a political party;

(4)     actively participate in a political campaign for a public office;

(5)     hold a legal, equitable, creditor or debtor interest in a partnership, firm, or other entity which contracts with the territorial audit office during his term of office;

(6)     have a direct or indirect financial or economical interest in the transaction of an agency audited by the territorial audit office during his term of office (written disclosure of any such interest and formal disqualification from participation in a post audit involving that agency may constitute compliance with this paragraph if the interest is either insubstantial or results directly from an interest held before assuming the position in the territorial audit office);

(7)     conduct or supervise a post audit of any agency for which he was responsible or by which he was employed or with which he contracted during the preceding two years; or