Fono remains firm: “We will not acquiesce to the appropriation of salaries for unconfirmed directors”

Pago Pago, AMERICAN SAMOA — Fono leaders have made it clear to Governor Pulaalii N. Pula that they will take “necessary measures” if he pursues his intention to appropriate excess funds from the final FY 2026 budget without prior legislative approval. 

This is outlined in a letter dated October 22, 2025, addressed to the Governor and signed by Senate President Tuaolo Manaia Fruean and House Speaker Savali Talavou Ale. This is in response to the governor’s letter reminding the Fono leaders of the separation of powers, in reference to the salaries of unconfirmed directors and their deputy directors, which were reduced, and or eliminated in the new budget.  

The Fono leaders noted that the governor made his intentions clear: he would appropriate excess funds from the final FY 2026 budget without prior legislative approval. The Fono remains firm that the only authority to appropriate monies and authorize its use rests solely with the legislature and with no other branch of government.

Fono leaders emphasized that the legislature has approved partial funding for departments and authorities, as done in the past and they have also commenced cycles after line-item vetoes, leaving excess revenues. 

“In every instance, the executive has provided supplemental budget proposals to appropriate and obligate surpluses.

“Here, the Fono made cuts to personnel salaries under its authority, provided for by law. A total of $734,000 ($519,000 from local revenue; $115,000 from grants; and $100,000 from enterprise funds) was unobligated from projected revenues. As early as January, you were informed of’ the Fono's position with respect to heads of offices and bureaus. They required confirmation,” said the Fono leaders. 

Furthermore, the Fono cited the relevant statute on several occasions, and the governor agreed in meetings and through correspondence that these directors fall within the statute and nominations would be forthcoming. 

“At some point, you changed your position and explained that 'past practices' would dictate which directors would be submitted for confirmation.” 

According to the Fono leaders, during the opening of the budget hearings, the governor announced to the Fono that nominations would be submitted. 

“By the time budget hearings concluded, not a single nomination was provided for confirmation. “The legislative changes we made were a direct response to this violation of the statute. We will not acquiesce to the appropriation of salaries for unconfirmed directors.”

 The Fono leaders noted this includes reductions for deputy directors whose salaries are not aligned with comparable titles and positions.

“You indicated that you would reallocate the excess funding based on your reading of Article N, Section 7, of the Revised Constitution of American Samoa (RCAS). 

“We feel that this is a misapplication of the law and that the executive is not authorized to appropriate monies. 

“We neither question nor do we wish to interfere with your constitutional authority to manage the executive. “However, Article U of the RCAS and 4.0112(c) authorizes only the Fono to appropriate funds and limit their use. We ask that you recognize our constitutional and statutory authority to appropriate and authorize the use of public funds,” said the Fono leaders. 

They noted that the pressing question is whether the governor has begun allocating excess funds. 

“This move would unlawfully obligate funds and create a deficiency in line-items the Fono has budgeted for the fiscal year.

“We remind you that expending and obligating funds in excess of what the legislature has approved is a felony under 10.0601 A.S.C.A. Your predecessors understood this, and that is why they provided supplemental budget requests to expend any unobligated and excess funds.” 

The Fono leaders expressed their willingness to take necessary measures to resolve these matters; however, they prefer to avoid such extraordinary actions and strongly urge the governor to reconsider his position.

BACKGROUND

The governor, in his letter, noted that the authority to manage personnel and to execute the laws resides with the Executive Branch. In contrast, the Fono's authority extends to the enactment of laws, including the appropriation of budgeted sums based on revenue projections, as stated in his Oct. 16, 2025 letter addressed to the Senate President. 

The FY 2026 Budget shows a surplus of $519,000, which has been budgeted and does not require Fono authorization for use, according to the governor. Governor Pulaali’i expressed concern over proposed personnel budget changes by the Fono that could be seen as legislative overreach, infringing on the executive branch's authority to manage personnel.

The governor emphasized the importance of maintaining the constitutional balance between the legislative and executive branches.