(1) The voting members of the Board of Governors of the academy shall be:
(1) Secretary of Samoan Affairs.
(2) District Governor of Manu’a.
(3) District Governor of the Eastern District.
(4) District Governor of the Western District.
(5) Chairman, Senate committee on Samoan Affairs.
(6) Chairman, House committee on Samoan Affairs.
(7) President, American Samoa community college.
(8) Chairman, American Samoa arts council.
(9) Chairman, American Samoa humanities council.
(2) The non-voting members of the board of governors of the academy shall be:
(1) Governor of American Samoa
(2) Lieutenant Governor of American Samoa
(3) Chief Justice of the High Court of American Samoa
(4) President of the Senate
(5) Speaker of the House of Representatives
(6) American Samoa’s representative to the U.S. House of Representatives
(7) Territorial Historic Preservation Officer
(8) Territorial archivist
(9) Superintendent of the National Park of American Samoa
(b) Terms of office. Members of the board shall serve in accordance with their appointments or election into the offices or positions to which they are officially appointed or elected. Non-voting members may actively participate in board meetings.
(c) Vacancies. A vacancy occurs when a member is removed for cause or no longer serves in one of the positions listed in subsection (a). Any vacancy shall be filled when a successor is appointed or elected to the then vacant position.
(d) Removal. No member of the board may be removed during the term of office of such member except for just and sufficient cause.
(e) Chairman and other officers: call of meetings.
(1) The chairman and vice chairman shall be selected from the members of the board, and shall serve at the pleasure of the board.
(2) The Secretary of Samoan Affairs shall call the first meeting of the board no later than two months after the effective date of this act. The chairman and vice-chairman shall be selected at this first meeting.
(3) The board may select other officers as may be necessary.
(4) The chairman may call meetings of the board as he or she deems beneficial, and must call a meeting of the board within 10 days at the written request of any 5 voting members.
(f) Support staff. Secretarial and administrative staff support for the purposes of maintaining a proper records, financial reports and all important decisions of the board shall be provided through the office of the President of the American Samoa Community College, until established otherwise by the board.
(g) Powers. The board is hereby authorized to conduct the following:
(1) to achieve to the maximum extent possible, the findings contained in this act;
(2) to establish a duly organized program whereby the Samoan language is given under study to the fullest extent possible in terms of origin and meanings, diction, grammar, and usage of Samoan words and the Samoan language. This program shall be called the “Samoan language institute”;
(3) to establish an organized program to properly transform as many words as practical of the English language into words of the Samoan language. This program shall be designated the “Samoan-English words transformation institute”;
(4) to organize and establish a program whereby a comprehensive Samoan-English dictionary text be written and compiled. This program shall be called the “Samoan-English dictionary institute”;
(5) to properly screen, review and give approval, support or non-support of proposals that claim expertise on Samoan culture;
(6) to establish a cultural center;
(7) to direct and manage the academy;
(8) to adopt a corporate seal and logo;
(9) to make agreements and contracts with persons, private or governmental entities and to make payments or advance payments under such agreements;
(10) to sue and be sued in its corporate name and to complain and defend in any court of competent jurisdiction;
(11) to represent itself, or to contract for representation, in all judicial, legal, and other proceedings;
(12) to solicit, accept, and dispose of gifts, bequests, devises of money, securities, and other properties of whatever character, for the benefit of the academy;
(13) to receive grants from, and enter into contracts and other arrangements with, federal, state, or local government, public and private agencies, organizations, institutions, and individuals;
(14) to acquire, hold, maintain, use, operate, and dispose of such real property, including improvements thereon, personal property, equipment, and other items, as may be necessary to enable the board to carry out the purposes of this act.
(15) to obtain insurance to cover all activities of the academy including coverage relating to property and liability, or make other provisions against losses;
(16) to exercise all lawful powers necessarily or reasonably related to the establishment of the academy in order to carry out the provisions of this act and the exercise of the powers, purposes, functions, duties, and authorized activities of the institute.
(h) Accounting and audit reports. The executive director, through the board, shall be responsible for the submission of an annual audit report of all official expenses, assets, liabilities and financial operations. The report shall be submitted to appropriate federal and local agencies, and major private donors. The report shall be made available to any person or organization who has an interest in the activities of the academy.
(i) Interest and income. Interest and earnings on amounts received by the academy shall be the property of the academy and shall be expended to carry out the purposes of this act. The board shall be held to a reasonable and prudent standard of care, given such information and circumstances as existed when decisions are made.History: 2000, PL 26-32.