Title 4 — Executive

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.

(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 …

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 …

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…

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 ea…

(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, pe…

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.

(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 cons…

(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 amo…

(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 fam…

(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 des…

(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 …

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 l…

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.

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 pro…

(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 o…

(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 …

(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 successo…

(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…

(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 representati…

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; 20…

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…

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.

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 …

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 consecutiv…

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 incap…

The salary of the Territorial Auditor shall not be reduced during his term of office. History: 1985, PL 19-21 § 1.

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.

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 involvi…

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.

All audits required for or sought by a government agency shall be cleared through the territorial audit office. History: 1985, PL 19-21 § 1.

(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…

(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…

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 …

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.

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.

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.

(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 Legisla…

(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 authorize…

The Territorial Auditor, or an employee or contractor of the Territorial Audit Office so designated in writing by the Territorial Auditor, shall have the power to inspect and make copies of books, records or files of all territorial agencies, and any and all instruments and docum…

The existing Territorial Audit Office is terminated 10 days after the effective date of this act, and all office space, appropriations, equipment and records of the existing territorial audit office are then transferred to the newly created Territorial Audit Office. Within 10 day…

There is established within the Executive branch of the government a Department of Treasury, headed by the Treasurer of American Samoa. History: 1987, PL 20-29 § 19.

The Treasurer of American Samoa shall possess sufficient professional qualifications and experience in governmental finance and accounting or equivalent private sector experience, to carry out the purposes of this chapter. History: 1987, PL 20-29 § 19.

(a) Unless otherwise provided by law, the Treasurer has the powers and duties to: (1) collect and deposit all locally raised revenues from any source, including income taxes, excise taxes, other taxes, license fees and payments for services; (2) receive and deposit all funds from…

The Treasurer, with the concurrence of the Territorial Auditor, shall establish a uniform system of accounting. An accrual method of accounting that meets generally accepted principles of governmental accounting must be maintained. History: 1987, PL 20-29 § 19.

Promptly after the close of each fiscal year, the Treasurer shall publish and issue a detailed report on the financial affairs of the government for such fiscal year and submit copies to the Governor, Legislature, and Territorial Auditor. History: 1987, PL 20-29 § 19.

The Treasurer shall adopt rules pursuant to section 4.1001 A.S.C.A., et seq. to accomplish the purposes of this chapter. History: 1987, PL 20-29 § 19. +

Workers compensation awards approved by the commission for government employees that remain unpaid because the government did not have insurance coverage shall be transferred to the government treasury as accounts payable. The Treasurer shall pay these awards out of funds earmark…

This act shall be known as the Administrative Law Judge Act of 1998. History: 1998, PL 25-37.

(a) The Office of Administrative Law Judge is created as an independent agency of the Executive branch of government. The head of this office shall be known as the Administrative Law Judge. In a contested case, as defined in 4.1001, or other grievance or controversy before (b) an…