Dear Governor,  

Fiscal transparency is a hot topic in U.S. politics, and it’s just as important for American Samoa!

Accountability is key to earning and keeping public trust. With the rise in privately owned landscaping, construction, and [name contracting requirement] popping up in American Samoa, we need to be vigilant about how government funds are used. I recall a discussion in the Fono in February 2024 whereby there is mention of contracts going to family members of government officials, and if I'm mistaken, I apologize. But I know there are real concerns about this in our territory.

Let’s remember that most of our funds come from federal sources, and there are ethical guidelines governing their use. To help restore public trust, why not propose a law? This law would require all directors, appointed employees, and anyone authorized to enter into contracts on behalf of ASG to disclose their gross income sources, as well as those of their spouses and children. 

This disclosure should include any compensation from people or organizations, income from businesses (with names and nature of those businesses), gains from real estate, interest income, and any gifts (let’s say, over $100) they received in the previous year. They should disclose this at the beginning of the calendar year. This annual filing should be made public so that everyone can see it — the public and the Fono. Make the Attorney General and his office as the chief ethics advisor who will review for any real or perceived conflicts of interest related to contracts with the ASG. 

I understand that this might raise some eyebrows, especially given our small community and the impact of the Fa'a Samoa. However, we need ethical guidelines for using both federal and local funds. Other territories have similar laws, so it can definitely work here.

And by the way, there's a federal law (5 U.S.C. §§ 13103-1309) that mandates annual financial disclosures for all U.S. federal agencies, including the Department of the Interior. You’re familiar with this since you’ve worked there! Oh and by the way, isn’t American Samoa part of the Department of the Interior, having been transferred there by President Truman in 1951? Isn’t this why lawsuits against American Samoa go through the Secretary of the Interior? Isn’t this why when the Secretary of Interior visits, we go all out and honor them with a High Chief title? I’m not saying that we are required to comply with this federal law since we are using federal funds — or maybe I am.

But the bottom line is this — we definitely need to restore public trust in our institutions by enacting a similar law here. There are 36 million reasons to do so!

Your humble servant,

UILISONE FALEMANU TUA, ESQ.