Senate President Tuaolo Manaia Fruean says that, based on his reading of the Governor’s comments regarding the Fiscal Year 2026 budget, he can use $519,000 to pay salaries of directors using his constitutional authority.
The Senate President emphasized that only the Fono has appropriation authority, and it is his understanding that once the budget law has been signed, the Governor is obligated to follow it. He said the Governor must submit the $519,000 in a supplemental appropriations bill to the Fono for approval before he can spend this money.
In a discussion with senators last week, the Senate President asked for their opinion on what action the Fono should take if the Governor spend the $519,000 to pay directors without the Fono’s approval.
Tuaolo said he discussed the confirmation of directors—who have not been submitted for Fono approval—with Deputy Attorney General Roy Hall, and Hall agreed that all director should be approved by the Fono.
The Senate leader then asked for an opinion from Senator Togiola Tulafono on the issue.
The former Governor said the power to appropriate funds rests solely with the Fono. He explained that the budget law authorizes the spending of government funds, and the Governor may only spend what the Fono has appropriated in the budget law.
He said the Governor cannot spend funding that are not authorized in the budget law.
Togiola acknowledged the Senate President’s desire to ensure that the law is followed.
He said they can pass a resolution for the appointment of a special prosecutor to handle the matter, or they can pass a resolution to restrain the governor from spending funds not appropriated by the Fono.
However, he cautioned that the Senate should not rush into taking any action at this time. He said such measures may be interpreted as a threat, and added that there’s also an extreme measure that the Fono can take, and it may come to that but for now he recommended restraint.
The Senate President said a letter is being sent to the Governor informing him of the requirements of the law which he should follow.
