Governor Doesn’t Sign Budget Bill, Issues Executive Order

Governor Lolo Moliga’s signature did not go on the FY2021 budget bill by midnight last night which would have meant the closure of ASG.

But the governor citing constitutional authority issued an executive order last night which continues operations of the American Samoa Government at FY2020 budgetary levels.

According to the governor, operations will use funds not otherwise appropriated for 15 days or until the formal budget or other appropriations measures are adopted.

No expenditures for projects or activities in excess of FY2020 levels may be made by any instrumentality of the government.

The governor’s executive order cites Article IV Sections 6 and 7 of the Revised Constitution of American Samoa and the American Samoa Code Annotated.

Article 1V of the Revised Constitution, Executive Branch: Section Six-Executive Regulations states the governor shall have the power to issue executive regulations not in conflict with laws of the United States applicable to American Samoa, laws of American Samoa or with the Constitution.

Section 7-Supervision and control by Governor…The governor shall have general supervision and control of all executive departments, agencies and instrumentalities of the Governor of American Samoa.

American Samoa Code Annotated Section 4.0111 (b) relates to the powers of the governor.

“The governor has general supervision and control of all departments, offices, divisions, bureaus, agencies or instrumentalities of the executive branch of the government.”

The executive order comes after the Fono leaders informed the governor yesterday that they remain firm on the approved FY2021 budget and that there’s no authority for a continuing resolution on the territory’s law books, as the governor has suggested.

The Senate President and Speaker’ letter was in response to one from the governor asking for an explanation of why the Fono slashed the budgets of executive branch departments and agencies and raising the Fono’s budget by $500,000.

Lolo asked the Fono to consider a continuing resolution while the Fono revisits the FY 2021 budget bill.

In his executive order issued last night, the governor said it is imperative to maintain government operations, specially as the territory is in the midst of a state of emergency.

He mentions that a special session of the Fono has been called to finalize the budget for FY2021 and his order is intended to only be temporary in nature and limited to maintain only the current levels of operations until the budget has been formally adopted.

In KHJ News conversations with lawmakers yesterday they maintain that the Fono has complete authority in approving government appropriations and the governor’s actions amount to him trying to take over that authority which is vested in the Legislature.

Tags: , ,