The House Speaker and Senate President have asked Governor Pulaalii Nikolao Pula to reconsider his position about spending funds that the Fono has not appropriated to pay salaries of directors who have not been confirmed by the Fono.
They have written to the Governor again saying that the Fono remains firm that the only authority to appropriate monies and authorize its use rests solely with the Legislature. The Fono is prepared to take the necessary measures to resolve the current dispute on the Fiscal Year 2026 budget.
In an October 22 letter, Speaker Savali Talavou Ale and Senate President Tuaolo Manaia Fruean wrote that the Fono made cuts to personnel salaries under legislative authority provided for by law. The Fono cut a total of $734,000: $519,000 from local revenues, $115,000 from grants, and $100,000 from enterprise funds.
They reminded the Governor that as early as January, he was informed of the Fono’s position that heads of offices and bureaus required legislative confirmation. “We have cited the relevant statute on several occasions and you agreed in meetings and through correspondence that these directors fall within the statute and nominations would be forthcoming.”
“At some point, you changed your position and explained that past practices would dictate which directors would be submitted for confirmation,” the letter said. The Speaker and Senate President also pointed out that at the opening of the budget hearings, the Governor had announced to the Fono that nominations would be submitted.
Yet, by the time the budget hearings concluded, not a single nomination was provided for confirmation.
Savali and Tuaolo wrote, “The legislative changes we made (to the budget) were a direct response to this violation of the statute. We will not acquiesce to appropriating salaries for unconfirmed directors. This includes decreases to salaries of deputy directors.”
The Governor had indicated that he would reallocate the excess funding of $519,000 in local revenues. The Fono leaders reacted, stating, “We feel that this is a misapplication of the law and the executive is not authorized to appropriate monies.”
They said they do not question or wish to interfere with the governor’s constitutional authority to manage the executive branch. However, they pointed out Article II of the Revised Constitution of American Samoa and Section 4.0112 © which authorizes only the Fono to appropriate funds and limit their use.
The pressing question for the Fono leaders is whether the Governor has begun allocating and spending excess funds in the FY2026 budget. They said, “This move would unlawfully obligate funds and create a deficiency in line items that the Fono has budgeted for the fiscal year.” They reminded the Governor that expending and obligating funds in excess of what the Legislature has approved is a felony under Section 10.0601 of the American Samoa Code Annotated.
This prohibits the spending of any funds in excess of what is provided I the budget. “Your predecessors understood this and that is why they provided supplemental budget requests to expend any unobligated and excess funds,” wrote the Fono leaders.
They concluded that the Fono remains committed to working in the best interest of the people and government.
Nevertheless they told the Governor, “We are prepared to take the necessary measures to resolve these matters, however we would prefer to avoid taking such an extraordinary course and strongly urge you to reconsider your position.”
They said they were available to meet with the Governor for a discussion.
