Fono raises concerns over some directors by-passing confirmation

Pago Pago, AMERICAN SAMOA — Senate President Tuaolo Manaia Fruean raised concerns Monday regarding the confirmation process of directors for offices under the Governor's Office and independent agencies.

He directed his question to Senator Togiola T.A. Tulafono, Chairman of the Government Operations Committee, highlighting past practices where directors of the Criminal Justice Planning Agency and the Office of Property Management were submitted to the Fono for confirmation.

Tuaolo emphasized that the Fono had approved $6 million from the Fiscal Year 2025 Budget for Medicaid to be used as a local match for the off-island referral program.

"I don't think it's right that we approve millions of dollars of government funds for the Medicaid Office yet we have no voice in the selection of the individual who will head the office," Tuaolo stated.

Additionally, he noted that the Criminal Justice Agency was awarded $10 million in ARPA funds. Tuaolo argued that while these agency directors will testify on their budgets, they are not approved by the Fono.

The Senate President informed Senator Togiola that the Governor's legal counsel supported the Fono's view that the directors of these agencies should be subject to Fono confirmation, emphasizing that it is the Governor’s responsibility to ensure this process occurs.

Senator Togiola T.A. Tulafono explained that all government departments and agencies within departments should be subject to Fono confirmation.

Togiola clarified that once individuals are appointed as directors of government offices or agencies, the law mandates that they undergo Fono confirmation.

He noted that since the time of Governor A.P. Lutali, directors of the Environmental Protection Agency (EPA), Territorial Energy Office (TEO), and the Office for the Protection and Advocacy for the Disabled (OPAD) were submitted to the Fono for approval.

This practice continued with subsequent governors, even during his own tenure as governor, Togiola recalled.

Senator Togiola advised that the Senate President send an official correspondence to inquire why the directors of these agencies have not been submitted to the Fono for confirmation.

BACKGROUND

The Governor’s Office is the umbrella for a variety of agencies and offices, including the American Samoa Medicaid Office, the American Samoa Historical Preservation Office, the Veteran's Affairs Office, Office of Vocational Rehabilitation, Office of Political Status, Constitutional Review & Federal Relations, Office of Disaster Assistance and Petroleum Management, the American Samoa Sports Complex, and the American Rescue Plan Act Oversight Office, to name a few.

The heads or directors of these offices and agencies are appointed by the Governor with no confirmation by the Fono believed necessary, according to the status quo, meaning it’s been the ongoing practice that no Fono confirmation is required, as they come under the purview of the Governor’s Office.

While there has been mumbling in the background, the Fono has chosen in past years to ‘let it go’, not insisting on confirmation hearings for the heads of these offices or agencies.