To pay or not to pay salaries of unconfirmed directors

budget-chairmen

The Joint Legislative Budget Committees on Tuesday decided to reduce the salaries of all heads of line agencies under the Governor’s Office and to delete from the Fiscal Year 2026 budget the salaries of all other directors who have not been confirmed by the Fono.

The discussion, originally set for Wednesday, was moved up a day to ensure enough time for the budget bill to go through third reading in the House before its reviewed by the Senate in the final days of the current fiscal year. The House version of the budget bill is the one sent to the Governor for signing.

Last Friday, the joint committees decided that no funds in the Fiscal Year 2026 budget will be used to pay salaries of any director that is not approved by the Fono.

However, on Wednesday, House Speaker Savali Talavou Ale—who was not present at last Friday’s discussions—urged them to reconsider. He said that the salaries of heads of agencies under the Governor’s Office should not be removed from the budget, citing longstanding practice that the heads of these agencies are not submitted for Fono confirmation.

Senate President Tuaolo Manaia Fruean countered that the law requires that all directors must be confirmed by the Fono. He said that the budget book identifies the heads of these agencies as directors.

Senator Gaoteote Palaie noted that the salaries of these positions are the same as salaries of directors of statutory departments, so it makes sense that they should be confirmed by the Fono.

Vice Speaker Fetui Fetu said this was the opportunity for the Fono to correct the practice of having managers and division heads earning the same salaries as department directors. He said, “If we don’t correct it now, there will be dire consequences in the future.”

He added that if these individuals are being paid such high salaries, the government should consider raising the salaries of the rest of the ASG workforce.

Senator Magalei Logovii explained that there are only 17 statutory departments within ASG that are required to be led by Fono-confirmed directors. Other agencies, like Medicaid, are created under executive order and placed under the Governor’s Office. He also pointed out that offices like ODAPM (Office of Disaster Assistance and Petroleum Management), America Samoa Environmental Protection Agency, and the Criminal Justice Planning Agency receive federal grants, and he’s certain the salaries of the directors of these agencies are paid with federal money. “If those funds are not used, they will be returned to the federal grantors,” Magalei said. “We cannot appropriate that funding for other uses.”

Magalei also felt it was unfair that the persons holding these positions would not receive a paycheck when it wasn’t their fault. He put the blame on the Department of Human Resources for giving these positions the title of director.

Senator Togiola Tulafono agreed with Magalei, adding that the Fono’s appropriation authority extends to local funds. At the same time, he emphasized that the Fono must put a stop to any practice that is against the law.

Eventually, the House Speaker agreed to reduce the salaries of directors of line agencies under the Governor’s Office. The committee decided that the salaries of all other directors who have not been confirmed by the Fono be removed from the budget—the salaries would be appropriated for other purposes.

It was left to the two committee chairs, Rep. Vailoata Amituanai Vailoata and Sen. Utu Sila Poala, to propose what the reduced salaries would be and how the savings from the reduction and the salaries removed from the budget would be used.

The line agencies under the Governor’s Office are: Veterans and Military Affairs Office, Sports Complex, Equal Employment Opportunity Office, American Samoa Resilience Office, Samoan Language Commission, Historic Preservation Office, Medicaid, ASG Hawaii Office, Office of Vocational Rehabilitation, Governor’s Biodiversity Program, Office of Insurance Commissioner, Workmen’s Compensation Commission, Governor’s Drug Control Office and Information Technology Office.

The agencies with unconfirmed directors whose salaries would be removed from the budget, as per the Fono’s discussion are: Office of Property Management, American Samoa Council on Arts, Culture and Humanities, American Samoa Environmental Protection Agency, Office of Disaster Assistance and Petroleum managements, Criminal Justice Planning Agency, Administrative Law Judge, Public Defender, Feleti Barstow Public Library, ARPA, and American Samoa Economic Development Authority.