The 39th Legislature is taking the Pula and Pulu administration to court over what is says is a violation of the Fiscal year 2026 budget law. Specifically that the administration has paid salaries of directors who have not been confirmed by the Fono, salaries which the Fono had removed from the budget. The decision to take legal action was the outcome of a joint meeting of the Senate and House Tuesday morning.
Senate President Tuaolo Manaia Fruean said the Governor was acting like President Trump, doing whatever he wants. He referred to the administration reducing the employer contribution rate to the American Samoa Government Employees Retirement Fund on its own, appointments to boards that the Fono has rejected but are still serving, and the payment of directors salaries that the Fono had removed from the budget. According to the Senate leader, this has not happened in previous administrations. He also brought up the conduct of the Chief of Staff in the House last week.
Tuaolo revealed that the Governor has asked for a meeting with he and the Speaker to be held at Sadie’s Restaurant Wednesday to discuss what happened with the Chief of Staff and other issues. He declared that he will not attend the meeting unless the Governor removes his Chief of Staff. Tuaolo explained that he wanted to protect the dignity of the Fono. 
Senator Gaoteote Palaie said the Fono has tried to work with the administration however it seemed that the administration was doing whatever it wants. “What happened in the House also affects the Senate,” he commented. Gaoteote described the Chief of Staff’s behavior in the House as disrespectful and said if they don’t act, it would happen again.
Senator Togiola Tulafono recommended that they pass a joint resolution to take legal action and the measure should include their grounds for seeking a ruling from the court. He suggested that they cite not just the violation of the budget law, but other issues which they feel the administration has reneged on.
House Speaker Savali Talavou Ale pointed out that the Governor has not followed the Fiscal Year 2026 budget law, The Fono had removed the salaries of directors who have not been confirmed, but it is evident that the salaries have been paid from the start of the fiscal year on October 1 of last year, and continuing up to now. He said the Fono has written to the Governor several times but he has continued to ignore the Fono’s wishes. Savali thanked the Senate President and senators for standing with the House in passage of the joint resolution censuring the Chief of Staff. He continued that the statements uttered by the Chief of Staff in the House reflects on the Governor.
The Speaker had appealed to the Senate President that as leaders they should meet face to face wih the governor as he had requested.
But Tuaolo was not to be swayed. He said if the Governor wants to apologize for the Chief of Staff’s conduct, he should appear before the Fono and make his apology. He reminded that the Governor had told the Fono he would submit the directors for confirmation but up to now he hasn’t followed his promise. Representative Luaitaua Gene Pan said the Chief of Staff’s behavior was embarrassing and noted that he was not speaking to just one individual member of the House, he was speaking to the whole House. He also reminded that the Governor has not followed through with his statement to the Fono that he would be submitting the yet to be confirmed directors for legislative approval.
Rep Faimealelei Anthony Allen and Vice Speaker Fetui Fetu agreed with the move to seek a court ruling concerning the payment of director’s salaries. The Vice Speaker declared, “enough is enough.”
Senior Senator Muagututia Tauoa agreed with the Senate President that the Fono leaders should not meet with the Governor, that the should appear before the whole Fono. The House Speaker changed his mind and said that he will not attend the meeting with the Governor.
When the Speaker called for a show of hands on taking legal action, the majority of Representatives and Senators voted yes.
