Former CEO claims PSC decision is “discriminatory”

By Lagi Keresoma

APIA, SAMOA – 23 APRIL 2022: The former Chief Executive Officer of the Ministry of Customs and Revenue, Matafeo Avalisa Fautuaalii claims that the Public Service Commission (PSC) leniency in penalising a former MCR employee, Alvin Onesemo was “discriminatory.”

A PSC investigation found Onesemo guilty of releasing a container to a close relative of his without proper authority and he breached the code of conduct of the public service but was let off easily with a “fine of $1000 talā and a stern warning.”

In a letter dated 6 April 2022 to Prime Minister Fiame Naomi Mataafa and copied Cabinet Ministers and several Government officials, Matafeo cited a similar incident in 2015 where PSC terminated an employee for what she believed was only minor compared to Onesemo’s case.

“This precedent case was ‘investigated’ by PSC in 2015 on a former ACEO-Border official who released an importer company’s container without proper authority and as a result of an actual investigation done, she was terminated outright by the PSC,” said Matafeo.

In Onesemo’s case, Matafeo said he solely and favourably assessed and released the container to a close relative without proper authority, a much bigger scale of breach of code of conduct by a public servant, yet got just a stern warning and a ST$1,000 penalty.

“With much respect your Hon. Prime Minister, this cannot sit well in the public service. This is outright discriminatory, where the same laws on the breach of conduct, and penalties imposed are not equally applied to all public servants,” said Matafeo.

She pleaded for a review against the past precedents on former public servants in the MCR for the sake of integrity.

“The concern is the implication and message this leniency sends to our staff, and especially, it will encourage conflicting and dishonest behaviour by those not yet known or caught which we at MCR are trying vehemently to stem out,” said Matafeo.

Background to the investigation
It was Matafeo who personally reported the matter to PSC on 17 June 2021 of the Assistant Chief Executive Officer’s unethical actions.

Matafeo said Onesemo had unlawfully:

• Undertook the whole process by himself in assessing, clearing and releasing one 40ft container of personal effects belonging to his cousin,
• After payment of duty by the importer, he had improperly authorised the release of the container without following the official process in the examination of the container,
• Improperly authorised the release of the container without legal authority from the CEO.

When the matter was reported, the PSC delegated investigating officer, Maiava Timothy Fesili to investigate after Onesemo denied all charges served by PSC Charging officer, Jason Hisatake.

Complaint to Law Society against PSC investigating officer
Maiava is a member of the Samoa Law Society (SLS) and his handling of the investigation is the subject of Matafeo’s complaint with SLS.

Matafeo claims the investigation was very biased and one-sided.

She received a letter from Maiava on 19 August 2021 that she, MCR Internal Auditor and relevant officials would be interviewed for contextual clarification but that never happened.

On 6 December 2021, Matafeo met with PSC Chairperson, Lauano Vaosa Epa about the status of Maiava’s investigation and not being able to interview relevant people in the matter.

She also asked Lauano that she and her staff will be available anytime for an interview but that never happened. Matafeo also said that she was told that she was not entitled to a copy of the report.

She was told that only the Prime Minister can authorise a copy for her was and she requested for a copy of the report in her letter 6 April 2022 to the Prime Minister.

She is also complaining to the Samoa Law Society.

“I am of the humble view that this member of your Society did not carry out his duties in accordance with your Society’s code of ethics, if not those of his PSC contract employment conditions, and in my view, was negligent, biased and acted as if he is the defence lawyer of the respondent instead of an investigator of the PSC to find out evidence if the respondent had actually breached the PSC’s code of ethics as in its legislation,” said Matafeo.

“I am not a lawyer, but similar to my own profession, the Samoa Institute of Accountants (SIA), I understand your society members have fundamental obligations as required by your laws,” she said.

Like SIA, I also understand that it is a professional misconduct where the conduct of the lawyer in connection with the practice of law has fallen short of the standard of competence and diligence that the public is entitled to expect of a reasonably competent lawyer.