Pago Pago, AMERICAN SAMOA — Comments made by Governor Pulaalii N. Pula in a statement after signing the Fiscal Year 2026 budget bill have become the focus of Fono ire as lawmakers voice their constitutional authority, which is at the heart of their argument with the Governor. Likewise, the Governor is citing constitutional authority as the cornerstone of his argument with the Fono.

The argument is over the Fono’s final approval of the FY2026 Budget that includes eliminating salaries of directors that the lawmakers say were never confirmed by the Legislature. After the Governor signed the budget into law, he said he was going to pay them anyway, using the surplus generated from revenues exceeding expenditures.

With both sides citing constitutional authority, in the end, it is probable that lawyers or the courts will have the final say to interpreting the Articles of the Revised Constitution of American Samoa, in deciding who has ‘right on their side’.

THE ARGUMENT

In his statement, the Governor expressed his intention to allocate the $519,000 for the salaries of appointed directors within the executive branch that had been slashed from the FY2026 budget during the joint budget sessions based on the surplus generated from revenues exceeding expenditures.

To do this the Governor invoked his constitutional authority related to the oversight of appointments, administration, and management of executive offices and their personnel, as is delineated in Article IV, Section 7 of the Revised Constitution of American Samoa.

The cited Article IV, Section 7 grants the Governor general supervision and control over all executive departments, agencies, and instrumentalities of the Government of American Samoa, but the executive regulations cannot conflict with applicable U.S. laws or American Samoa's own Constitution and laws. 

The Governor further clarified that his decision to sign the budget law was not merely for administrative convenience, but rather a significant commitment to the welfare of American Samoa’s workforce and the stability of the territory's governance.

“Ultimately, my responsibility lies with the people of American Samoa,” he stated.

The statement the Governor released also includes a summary of the executive budget proposal in tandem with the legislative proposal, to ensure complete transparency.

The Fiscal Year 2026 Budget Summary revealed a modest overall reduction of $7.8 million (1.0%), with the Executive’s initial proposal of $815.4 million being adjusted to the Legislature’s approved total of $807.6 million.

(Samoa News should point out that the Fono disagreed with the ASG summary, with Senate President Tuaolo Manaia Fruean bringing up the inaccuracies in the budget summary released by the Governor’s Office, during a joint meeting requested by the Senate and held Tuesday morning,  October 7, 2025, at the Senate lounge.)

During the joint meeting held on Tuesday, Tuaolo solicited input on potential actions the Fono might consider should the Governor proceed with spending the $519,000 for director salaries without receiving prior approval from the legislative body.

Notably, Tuaolo brought up the reason the Fono had slashed the salaries of directors that the Governor is saying he will continue to fund invoking his constitutional authority.

The Senate President recalled that Governor Pulaalii 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.

Tuaolo affirmed that he and House Speaker Savali will stand by the collective decision of both legislative chambers on how to proceed on the issue. However, he expressed frustration over the governor’s continued disregard of 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, which is outlined in Article IV, 4.0112 Appointive powers and confirmation procedures of the Revised Constitution of American Samoa.

The Article lays out the appointive powers and the legislative confirmation procedures as follows:

(a) “…directors of cabinet departments (those under 4.0301), and the heads of bureaus or offices who do not report either to the head of a cabinet department or to the head of a bureau or office whose appointment is subject to confirmation by the Legislature, shall be appointed by the Governor, and confirmed by a majority vote of the entire membership of each house of the Legislature. All other appointments shall be by the Governor unless by law that particular position is subject to confirmation by the Senate or by the Legislature.“

Article II, Section1. Legislature. (c) of the Revised Constitution of American Samoa delineates the Fono’s authority to allocate and spend funds.

In reviewing their options to respond to the Governor’s statement, lawmakers asked Senator Togiola T.A. Tulafono for his thoughts. Togiola, a former Governor, underscored that the authority to allocate and spend funds clearly lies with the Fono, as established by the budget law.

He explained that this legislation explicitly delineates how government funds can be paid, reinforcing that the Governor lacks the authority to disburse funds that have not been properly authorized within the budget law's framework.

However, while acknowledging the Senate President’s commitment to upholding the law, Togiola suggested that the Fono could consider passing a resolution to appoint a special prosecutor to investigate the situation further, or a resolution to prevent the Governor from spending any funds not formally appropriated by the Fono.

Nevertheless, he advised caution, recommending that the Senate refrain from hasty actions that could be construed as threatening. 

Togiola also highlighted the existence of more extreme measures that the Fono could employ if necessary, but he urged a measured approach at this juncture.

In response to the situation, the Senate President confirmed that a formal letter would be dispatched to the Governor, detailing the legal requirements he is expected to comply with regarding the expenditure of public funds.

BACKGROUND

Senate President Tuaolo clarified that the $7.8 million figure cited in the Governor’s Office press release —  in the FY2026 budget summary — 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 stated. “That resulted in a final approved budget of $807,555,113.“