PSC charges suspended Health ACEO and denies her resignation

By Lagi Keresoma

APIA, SAMOA – 23 APRIL 2022: The Public Service Commission (PSC) has laid charges against the suspended Assistant Chief Executive Officer for Finance and Procurement of the Ministry of Health and has also declined her resignation.

The accused, Agnes Stowers is currently suspended while PSC finalise the outcome of a disciplinary investigation which was initiated on 2 February 2022.

On 01 March 2022, she was charged by PSC with multiple breaches of the Public Service Code of Conduct.

On 10 March 2022, Agnes sent a letter of resignation to PSC with immediate effect on the basis of “unnecessary stress on family.”

She mentioned in her letter her reluctance to return to a work environment that is “unhealthy for her peace of mind and that it was time to move on to new horizons.”

Circumstances & timing of resignation highly questionable
On 15 March 2022, the PSC responded and declined Agnes’ resignation.

“We believe that one of the main purposes of your resignation is to avoid or frustrate the disciplinary process. The circumstances and timing in which you have elected to resign are highly questionable,” stated the letter.

“We find that your admission to falsifying the Leulumoega Report and the forging of the signature of another employee was highly dishonest and a breach of the Code,” the letter continued.

The letter also pointed out that Agnes solicited funds from the service providers which they found very inappropriate especially for an ACEO of Finance and Procurement.

“Your reluctance to return to a work environment that is “unhealthy” for your “peace of mind” cannot be accepted as a valid reason to terminate the contract where there is an open investigation against you for serious misconduct,” the PSC letter stated.

The PSC then advised Agnes to provide a written submission on any of the issues raised in their investigation no later than 5.00 pm 18 March 2022, otherwise PSC will recommend to Cabinet to terminate the contract of employment without payment of end of contract entitlement due to noncompliance with the Notice Period.

Admission of misconduct
Before PSC delegated an investigation officer to the case, Agnes admitted that she:

• Sought financial assistance from the owner of BENZ Engineering Company who is a service provider for the Ministry, and she owed $4000 to BENZ owner.
• Sought financial assistance from another service provider for the Ministry, Business System Limited. On November 2021, she sent an email to the business owner with the SUBJECT: P.O. In this email she said “Please just want to let you know ua fiki atu le P.O. ae fiu e toe vilivili atu. Please advice. Fia laku mai se tupe sei fai ai aka mea fia fai (sic)”.

• Misrepresented the renovation report 7 June 2021 for Leulumoega District hospital also carried out by Transwork Ltd.
• Forged the signature of another work colleague making it look like he prepared the report.

PSC lays charges
Meantime, Agnes has been charged with four counts of breaching the PSC Code of Conduct.

Charge 1 – Breach of Section 19 (f) of the PSC Act by failing to disclose and take all reasonable steps to avoid any real or apparent conflict of interest in the discharge of her duties and responsibilities as the ACEO of Finance & Procurement at the Ministry. This involved the endorsing of procurement of services from Transwork Ltd and Esther Florist which she had personal interest.

Charge 2 – Breach of Section 19 (i) of PSC Act for failing to act with integrity and not misuse her authority or position as a ACEO to obtain personal benefits.  This is regarding the BENZ Engineer and Samoa Business Ltd who are service providers for the Ministry.

Charge 3 –  Breach of Section 1 (d) of  the PSC Act in failing to comply will all laws that apply to all lawful and reasonable instructions given by persons who have authority to given those directions.

Such failure is evident when she failed to declare her conflict of interest and calling on a colleague to cover for her in the course of the investigation.

Charge 4 – Breach of Section 19 (1) and 17 (a) and 17(c) in failing to be honest and transparent in the procurement process for companies with which she had a conflict of interest.

She had conflicts of interest with service providers owned by close family relatives but she never disclosed.

The PSC will submit its report to Cabinet with recommendations.