Pago Pago, AMERICAN SAMOA — Members of the Legislature have reached a unified agreement that the Senate President and House Speaker will formally notify the governor that he is not authorized to expend any funds from the Fiscal Year 2026 Budget that have not been appropriated by the Fono.

Lawmakers emphasized that for the governor to access and utilize unappropriated funds, he must first submit a Supplemental Appropriations Bill for review and approval by the Fono.

This consensus emerged as the key outcome of a joint meeting requested by the Senate and held Tuesday morning at the Senate lounge.

During the session, members from both chambers convened to address the governor’s recent statement asserting his intent to use $519,000 under his Constitutional authority. It is understood that the governor intended to use the funds to pay salaries of ‘appointed’ directors, i.e. not confirmed by the Fono. These salaries had been eliminated by the Fono from the FY2026 Budget bill.

The Fono has firmly maintained that any individual holding the title of director, and receiving a salary equivalent to or closely aligned with that of directors of statutory departments, must be formally confirmed by the Legislature.

At the start of the meeting, Senate President Tuaolo Manaia Fruean stated that the Senate had already resolved to pursue legal action if the matter escalates to the courts, affirming their readiness to take that course.

He voiced strong disappointment with the governor’s position, describing it as excessive and inappropriate. Tuaolo further remarked that the governor’s stance was disrespectful to the founding leaders of the Territory and to members of the House, many of whom have served in government for decades. Tuaolo emphasized that "this has never happened before."

The Senate President recalled that Governor Pulaalii N. Pula had previously stated his intention to submit the names of directors who have yet to be confirmed by the Fono. However, that commitment has not been fulfilled. Tuaolo noted that both he and House Speaker Savali Talavou Ale had formally written to the governor regarding the matter, but received no response.

House Speaker Savali expressed concern over the governor’s recent statement, interpreting it as an assertion that he would spend the funds under his own authority. “That is not what the law says,” Savali emphasized, reaffirming that the power of appropriation rests solely with the Fono.

Senator Togiola T.A. Tulafono expressed concern that the governor may intend to use funds to pay the salaries of directors whose positions were removed from the budget by the Fono, an action that, he noted, disregards the Legislature’s approved changes.

However, the former governor urged restraint, advising that the Fono avoid rushing into any immediate action and instead offer constructive support to the governor. He emphasized that governance is a shared responsibility between branches.

“If that side is proceeding in the dark, it’s up to us to shed light,” he appealed.

He recommended that Fono leadership formally write to the governor to express their disappointment over his recent statements and his disregard for the Legislature’s decisions. Togiola added that such correspondence would serve as a valuable record of the Fono’s position should the matter escalate to legal proceedings.

Senator Gaoteote Palaie Tofau voiced his support for Senator Togiola’s recommendation that the Senate President and House Speaker formally write to the governor, documenting the Fono’s position and expressing their concerns.

Vice Speaker Fetui Fetu also expressed disappointment with the governor’s statement regarding the budget. He suggested that the governor’s approach may stem from his relative inexperience and the newness of his administration. Fetui proposed that the Fono invite the governor to meet again in order to openly discuss their differences and seek mutual understanding.

Senator Muagututi‘a Tauoa offered a conciliatory perspective, urging his colleagues to adopt a Christian approach and extend forgiveness to the governor if he has made an error. He emphasized that no one is without fault, and that every individual deserves an opportunity for redemption when they make mistakes.

Senate President Tuaolo affirmed that he and House Speaker Savali will stand by the collective decision of both legislative chambers. However, he expressed frustration over the governor’s continued disregard for the Fono’s request that all unconfirmed directors be submitted for legislative approval.

“We advised him before, and he agreed,” Tuaolo stated, “but still he has not done what we asked.”

He added that he was unsure how else to convey the importance of honoring the Fono’s constitutional role in confirming executive appointments

Senator Togiola described the Senate President and House Speaker as “fathers of the Territory,” urging them not to give up easily in the face of disagreement. “A loving father responds every time his child cries,” he said, emphasizing that their leadership roles were earned through experience and the capacity to guide with wisdom and resolve.

Rather than convening another meeting with the governor, Togiola recommended that the Fono leaders write to him, offering fatherly counsel while respectfully pointing out his missteps in judgement.

Tuaolo also brought up inaccuracies in a budget summary released by the Governor’s Office. The press release claimed an overall reduction of $7.8 million in the bill passed by the Fono compared to the administration’s original proposal.

Tuaolo was not happy with the discrepancy and insisted that the matter be clarified while members of the media were present so that a correction be made.

He clarified that the $7.8 million figure cited in the Governor’s Office press release was based on the administration’s original budget submission of $815.4 million. That amount was later revised to $808.2 million after the Budget Office corrected errors in several departmental budgets.

"The Fono subsequently made additional reductions totaling $734,000, not $7.8 million as broadcast by local media," Tuaolo argued. "That resulted in a final approved budget of $807,555,113."