High Court rules Barry Rose and MWS Rose Well-known American can continue to... Samoan church minister 2 Reverend Elder Siaosi Mageo passed away last Friday. At the time of his passing he had Drug cases dominate spent 53 years as the pastor of the Calvary Temple in court calendar last Lepuapua. Th e charismatic preacher was a regular on Friday 3 both local TV and radio and renowned for his humorous but piercing sermons. Samoa News off ers its condolences to A second look at cost the family. See story inside for more details. of shipping vehicle to [photo: supplied by RNZI] Manua 5 C M Tatala Maota Tele o le Y K Kolisi Tu’ufa’atasi o Amerika Samoa 9 ONLINE @ SAMOANEWS.COM PAGO PAGO, AMERICAN SAMOA WEDNESDAY, JANUARY 10, 2018 DAILY CIRCULATION 7,000 $1.00 Governor describes fi nancial environment for 2018 as “discouraging” by Samoa News Staff The 3rd session of the 35th Legislature opened this past Monday at the Fale Laumei and pursuant to prevailing statute, Governor Lolo Matalasi Moliga reported on the “successes and failures with respect to the implementation of programs in 2017 to move the territory forward,” during his State of the Territory Address. There are two documents of the address. There is one 5 pages long, and another 94 pages long. Both are in English, and both were made available to the faipule and senators. The longer version is a comprehensive report on all of the administration’s accomplishments, struggles and shortfalls; and is to be sent to the US Congress. The governor presented the shorter version orally in the Samoan language on Monday. It contained discussions and documentation of “the salient outcomes and constraints expe- rienced during the 2017 operating year,” according to Lolo. Lolo said the prevailing social, economic, and political landscape infl uences actions that are taken. For example, he said fi nancial performance fell short of expectations because of corporate challenges, which inter- C M rupted and substantially delayed the importation of cigarettes, Y K which in turn caused a shortfall of $6 million in excise tax revenues for FY 2017. Furthermore, “The lingering negative fi nancial effect of 700 instant job terminations by Samoa Tuna Processing at the FIALUPE FELILA FIAUI LUTU close of 2016, along with residual job loss in the private sector, dampened consumption in 2017 and caused business sales’ retraction in corporate and individual taxes by $5.1 million.” MONEY MATTERS SWORN IN AS NEWEST FAIPULE According to Lolo, actual revenue collections fell short of revenue forecasts by $16,541,108 (FY 2017 revenue forecast Th e newest faipule for the House of Representatives, Fialupe Felila Fiaui Lutu (middle), pictured was $108,162,500, but actual received was $91,621,392). with secretary to the House Speaker, Aliti Taliva’a, and the Senate’s chief of personnel, Ata Gaoteote “Government spending of $91,593,689 was also below on Monday aft ernoon following the closing of the Fono joint session for the 3rd regular session of the budget by $17,040,811 actual spending versus FY 2017 35th Legislature. budget, thus generating a positive balance at the close of FY Rep. Lutu took the oath of offi ce earlier in the day in the House chamber. 2017 of $27,703,” Lolo continued. Lutu won the special election held Oct. 24, 2017 for House of Representatives District #5, Sua #1 — He said the majority of planned programs for FY 2017 was comprised of Fagaitua, Amaua, Auto, Avaio, Alega, Aumi and Laulii. scaled down to not incur a defi cit. Lutu, who served as Chief Clerk of the House for more than a decade, fi lls the seat left vacant aft er “We are fully aware of the economic and social conse- Pulele’iite Li’a Tufele, Jr. stepped down to take on his new post as CEO of the American Samoa Tele- quences of our decision to scale back government activities, Communications Authority (ASTCA). but it is more important for us to demonstrate that we have the Lutu becomes the third female lawmaker in the Fono, and the second female faipule in the House, will power and the fortitude to make tough decisions,” he said. joining Rep. Vui Florence Saulo. Th e lone female in the senate is Sen. Fonoti Tafaifa Aufata. [photo: Leua Aiono Frost] (Continued on page 7) Page 2 samoa news, Wednesday, January 10, 2018 High Court rules Barry Rose American Samoa Government OFFICE OF PROCUREMENT and MWS Rose can continue to represent Aoe’e by Fili Sagapolutele and as trustee of the company’s INVITATION FOR BIDS Samoa News Correspondent 401K Profi t Sharing Plan in Based on a High Court ruling, April of 2008 and Aoe’e took IFB-2460-18 local attorney Barry Rose and over as CEO. Rose ceased all Issuance Date: January 9, 2018 Closing Date: January 19, 2018 the law fi rm Mooney Wieland involvement in management, Smith & Rose PLLC (MWS business decisions, and day-to- No later than 2:00p.m. (local time) Rose) can continue to represent day operation of ASTT and his Aoe’e Adolfo Montenegro, who “past role as an investor” ended 1. INVITATION is suing his former employer, in 2008. Sealed bids are being solicited to provide Towing Vehicles “Truck II” for the Department of Port Bluesky Communications. Therefore, said the court, the The court’s decision was decisions Rose made, as presi- Administration ( ARFF). handed down last October, after dent, have no bearing on the 2. RECEIPT & OPENING OF BIDS AST Telecom LLC (ASTT), issues in this case. dba, Bluesky Communications DISQUALIFIED AS PLAIN- Sealed bids will be received by the Chief Procurement Officer, American Samoa Government, fi led a motion to disqualify TIFFS ATTORNEYS Tafuna, American Samoa 96799, until 10:00a.m. (local time), Friday, January 19, 2018 at Rose and MWS Rose from rep- “On the surface, it would resenting Aoe’e, in his twenty- seem clear that after more than which time and place the sealed bids will be publicly opened and read. fi ve count complaint against a decade of legal representa- 3. BID DOCUMENTS ASTT and its owner, eLandia tion for a myriad of legal issues, International and two defen- Rose and his law fi rm should be Bid documents, including Specifications, may be examined at the Office of Procurement or dants, who are based in Spain. disqualifi ed,” the judges wrote. obtained there from free of charge during normal hours of operation. Aoe’e and his company “However, upon closer inspec- ACMA Management Con- tion of the evidence before us, 4. CONDITIONS sulting Inc., fi led the lawsuit last we cannot fi nd that the com- The American Samoa Government reserves the right to: May and six causes of action for peting interests weigh in favor the lawsuit are against ASTT, of disqualifi cation.” • not accept the lowest or any bid. which along with the rest of the According to the judges, defendants were represented whatever general knowledge • reject all bids and reissue and amended IFB. by RDA Law Firm American of ASTT’s policies and prac- • request additional information from any bidder submitting a bid. Samoa. tices Rose “may have gleaned Rose was the main partner in as their attorney over the years, • waive any informalities in bidding as may be in the best interest of the American Samoa the law fi rm of Rose, Joneson & we fi nd no evidence that they Government. Vargas (RJV) until its merger include specifi c facts relevant to with an Idaho law fi rm, creating the matter in question.” MWS Rose. The judges said ASTT did Rose and RJV had repre- not meet its burden of estab- DR. ORETA MAPU CRICHTON sented ASTT (Bluesky) for lishing a substantial relationship Equal Opportunity Employer / Affirmative Action Chief Procurement Officer many years. between prior matters for which RDA Law Firm argued that Rose served as an attorney for MWS Rose representing the ASTT and the instant matter, plaintiff is prohibited by the or that confi dential informa- American Bar Association’s tion that would give plaintiffs in Model Rules of Professional this case an advantage has been Conduct (MRPC) as it’s clearly passed on to Rose or MWS a confl ict of interest. Rose law fi rm. The court’s 34-page deci- The judges also state that sion, signed by Chief Justice Rose has never been house Michael Kruse and Associate counsel for ASTT, no matter AMERIKA SAMOA HUMANITIES COUNCIL Judges Fa’amausili P. Pomele how many matters he and RJV PUBLIC ANNOUNCEMENT and Muasau T. Tofi li, summa- represented ASTT for, which is rized the Aoe’e complaint, the a signifi cant difference because The Amerika Samoa Humanities Council is opening its Grant Program for the public non- several motions already fi led in RJV did not have “management profit organizations and public institutions in the Territory to submit program proposals. court on the case, including the supervision of the legal aspects Applicants must employ important and thoughtful approaches to disseminate knowledge motion to disqualify Rose and of every transaction” of ASTT and information to our communities from those aspects of the social sciences that can the MWS Rose Firm. “even when outside counsel apply to everyday lives. Program themes should focus on goals that would support the The court said this case, as were also involved.” both parties argued during the Rose and RJV also didn’t ASHC program theme of “Re-Imagining the American Samoa Dream”. hearing, resonates in a jurisdic- write the Management Agree- Two Deadlines are scheduled for this year: tion with a small bar association ment at issue here, the court and a similarly small core of said, nor did they consult, edit, • February 2, 2018 attorneys.