Pago Pago, AMERICAN SAMOA — The Senate approved two major resolutions yesterday aimed at addressing questions surrounding the administration's handling of approximately $15.6 million in public funds. 

One resolution seeks the appointment of an independent prosecutor to investigate whether certain expenditures complied with territorial law, while the second calls for judicial review of constitutional issues involving the use of public funds without legislative appropriation.

Taken together, the measures represent the strongest action yet by the Senate in response to concerns raised during recent budget hearings and legislative oversight proceedings regarding the use of $10.1 million in ARPA interest earnings, $5.3 million spent on payroll and payroll-related expenses, and approximately $200,000 in OPIOID Settlement funds.

RESOLUTION CALLS FOR INDEPENDENT PROSECUTOR:

The first measure, a Senate Concurrent Resolution introduced by Senate President Tuaolo Manaia Fruean, requests that the Attorney General seek the appointment of an Independent Prosecutor (IP) to investigate whether the expenditures were made in accordance with applicable constitutional and statutory requirements.

According to the resolution, testimony and information presented during legislative hearings indicated that approximately $10.1 million in interest earnings generated from American Rescue Plan Act (ARPA) funds may have been transferred, obligated, invested, or otherwise expended without a specific legislative appropriation.

The resolution also notes that information received during budget and oversight proceedings raised questions regarding the use of approximately $5.3 million in public funds for payroll and payroll-related expenses, as well as the receipt, transfer, allocation, and expenditure of roughly $200,000 in OPIOID Settlement proceeds.

Lawmakers stated that the combined amount involved, estimated at $15.6 million, warrants an independent review to determine the relevant facts, whether proper legal authority existed for the expenditures, and whether any violations of territorial law may have occurred.

The measure cites A.S.C.A. Section 4.0801, which requires the Attorney General to conduct a preliminary investigation when sufficiently specific and credible information suggests that a covered person may have violated territorial criminal law.

The resolution states that the Legislature believes the public interest would be served by an independent investigation of the matter.

If appointed, the IP would be authorized to investigate the actions of any government official, employee, contractor, consultant, or other individual whose conduct may be relevant to the matter under review. The resolution specifically mentions persons whose actions were discussed during legislative proceedings, including Governor Pulaali'i Nikolao Pula, Executive Advisor on Finance Brett Butler, and others identified through the course of the investigation.

However, lawmakers emphasized that naming individuals in the resolution should not be interpreted as a finding of wrongdoing.

Instead, the resolution states that the references merely acknowledge that questions regarding their conduct arose during legislative hearings and oversight proceedings.

SENATE SEEKS COURT RULING ON APPROPRIATION AUTHORITY:

The second resolution, introduced by Senator Togiola T.A. Tulafono, focuses on what lawmakers describe as an actual legal controversy regarding the Executive Branch's expenditure or use of the same public funds.

The measure reaffirms the Legislature's position that the power of appropriation rests exclusively with the Fono under the Revised Constitution of American Samoa and expresses the Senate's intention to seek a judicial determination on several constitutional questions.

Among the issues identified for court review is whether interest earned on ARPA funds constitutes public money that must be appropriated by the Legislature before it can be spent or transferred.

The resolution also seeks clarification on whether approximately $5.3 million in ARPA interest earnings was used for payroll and payroll-related expenses without legislative authorization, and whether approximately $10.1 million in ARPA interest earnings was transferred, committed, or invested without an appropriation approved by the Fono.

In addition, lawmakers want a judicial ruling on whether approximately $200,000 in OPIOID Settlement funds was expended, transferred, obligated, or invested without legislative approval and whether such actions are consistent with the Revised Constitution and the Legislature's exclusive appropriations authority.

Senators argued that only the courts can provide a definitive interpretation of these constitutional questions and establish clear guidance regarding the respective powers of the Executive and Legislative branches.

The approval of the two resolutions signals the Senate's determination to pursue both legal and investigative avenues in examining the administration's handling of the disputed funds, an issue that has dominated legislative discussions during the closing weeks of the Fourth Regular Session of the 39th Legislature.