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Chapter 03 - Executive Departments, Boards, and Agencies

Chapter 03 - Executive Departments, Boards, and Agencies

4.0301 Required departments.


(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 of administrative services;

(7) a department of port administration;

(8) a department of local government;

(9) a department of public safety;

(10) a department of parks and recreation;

(11) a department of human resources;

(12) a department of treasury;

(13) a department of marine and wildlife resources;

(14) a department of commerce;

(15) a department of human and social services;

(16) a department of youth and women's affairs; and

(17) a department of homeland security.

(b) Each department has such responsibilities as are prescribed by law or assigned by the Governor.

4.0302 Appointment-Investigative proceedings.


(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 as for contempt in open court. The proceedings and reports of a board of investigation shall be as designated by the Governor in the order convening any such board.

4.0320 Public Defender-Office created.


(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 successor is appointed and qualified. He may be reappointed for 1 or more subsequent 4-year terms. Vacancies in the office shall be filled by the Governor for the unexpired term. The first Public Defender appointed pursuant to this section shall be appointed for a term commencing 1 January 1978.

(c) The Public Defender shall be a qualified attorney who is a graduate of an accredited law school with at least 3 years of experience in criminal trial work, licensed to practice law in this territory, and shall be removed from office only for good cause by the Governor.

(d) The Public Defender shall devote full time to the performance of his duties and shall not engage in the private practice of law. The compensation of the territorial Public Defender shall be at the same grade as that of the Deputy Attorney General and shall not be reduced during the term of his appointment.

4.0321 Assistant Public Defender.


(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 shall serve at the pleasure of the Public Defender, be employed on a full time basis, and not engage in the practice of law.

(c) The compensation of an Assistant Public Defender shall be at the same grade as that of an Assistant Attorney General.

4.0325 Territorial Registrar.


(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 representative shall designate.

4.0330 Registrar of Vital Statistics.


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.