Last week Governor Pulaalii Nikolao Pula appointed a new member of the Board of the LBJ Tropical Medical Center, Maaelopa Bob Tuiasosopo. The appointing memo said that Maaelopa was replacing Afamasaga Dr Talifa Talifa.

But it turns out that Dr Talifa’s term does not expire until November 20, 2026 and he has threatened legal action if he is removed from the board before his term expires.

Dr Talifa, who retired after more than 4 decades as a dentist at the Health Department and LBJ Hospital said in a letter to the Governor that this was the second attempt to remove him from the board before the lawful expiration of his term.

“This pattern of repeated baseless termination efforts constitute a disturbing misuse of executive discretion and borders on harassment and retaliatory conduct, in direct violation of both statutory and constitutional protections afforded to appointed officials under American Samoa law,” he wrote.

In his October 9 correspondence to the Governor Dr Talifa cited Sec 31.0205 of the American Samoa Code Annotated: A board member may be suspended or removed only for cause and through the due process procedures prescribed by law. He said the statute explicitly requires that removal be based on substantial cause such as malfeasance, neglect of duty or incapacity and that the affected member receive written notice of such cause with an opportunity to respond.

He told Governor Pulaalii that his letter does not cite any statutory cause or identify any procedural basis for his removal.

Also no charges, evidence or notice of a hearing have been provided.

Dr Talifa also states that unless cause as defined by statute is legally substantiated, he is entitled to serve his full term. “A unilateral termination without proper cause or procedure,” he said, “constitutes a breach of public contract and interference with the independence governance of a public body. “

Noting that this was the Governor’s second attempt to remove him from the LBJ Board without legal justification, Dr Talifa deduced that “such repeated targeting now appears to be a pattern of harassment, retaliation and abuse of authority.”

Dr Talifa said the invocation of “concerns with various issues of governance,” does not constitute valid cause for termination nor does it reflect any misconduct on his part.

He told the Governor that he has consistently performed his duties with diligence, transparency and fidelity to the mission of the Medical Center. “Thereforce I view this repeated conduct as an effort to intimidate or dissuade me from carrying out my lawful responsibilities as an independent board member.”

Dr Talifa served notice that if “this unlawful termination not be immediately withdrawn, I will have no alternative but to take appropriate legal action to safeguard my rights and restore the integrity of the board.”

Dr Talifa received the termination letter from the Governor via email sent October 8 by Andra Samoa of the Governor’s Office. He was in Hawaii for his wife’s medical treatment when he received the email.

Dr. Talifa joined the LBJ Board in November of 2022.