Governor wants clarification on statutes necessitating Fono confirmation of directors under his purview

Pago Pago, AMERICAN SAMOA — Governor Pulaalii Nikolao Pula has expressed serious concerns regarding the legality of delaying budget hearings for offices whose directors have yet to receive confirmation from the legislative assembly. In a letter dated September 17, addressed to the leaders of the Fono, the governor affirmed his commitment to submitting the names of the directors, who are pending confirmation, by the end of the current week.

Furthermore, Governor Pula requested that both the Senate President, Tuaolo Manaia Fruean, and the House Speaker, Savali Talavou Ale, provide clarity on the specific local statutes that necessitate the confirmation of directors heading line agencies that operate under the governor's direct oversight. This inquiry is critical, as it impacts the governance and operational efficiency of these agencies.

In addition, the governor reminded the leadership of correspondence he sent back in January to Speaker Savali Talavou Ale, in which he requested a comprehensive list of all positions that he believes require legislative confirmation.

“To date, I have not received such a list,” said the Governor.

“If your position is that the heads of line agencies reporting directly to the governor must be confirmed, please clarify what aspect of the law has changed. To my knowledge, the relevant statute has not been substantively amended since the 1970s.

“I am curious to hear from you what change occurred that warrants this new interpretation of the law.”

According to a previous report by Samoa News, Senate President Tuaolo Manaia Fruean stated during earlier budget hearings that individuals who have not been officially confirmed should not be allowed to testify about their respective budgets.

Fruean supported this position by referencing relevant legal provisions, asserting that all directors must go through a confirmation process, regardless of any existing contracts they may have. He emphasized that while each director is currently serving under a contractual agreement, the new administration requires the Fono to confirm all directors. Essentially, he pointed out that a binding contract cannot override established law.

"The law is crystal clear: a contract cannot override the law," Fruean emphasized, highlighting the importance of adhering to legal protocols.

Deputy Speaker of the House Fetu Fetui resonated with Fruean’s concerns, stressing that as elected representatives, lawmakers must address and rectify such oversight. “It is our responsibility to correct these mistakes. If we don’t take action, we are effectively condoning them,” he remarked, underscoring the weight of legislative accountability. Fetu further noted that there are specific laws and established policies that must be upheld to maintain the integrity of government processes.

In light of these considerations, Chairman of the House Budget Committee Vailoata Amituana’i announced the postponement of the budget hearing, allowing time for further investigation into these matters to ensure compliance with legal and procedural standards.

Currently, the budget hearings for the Public Defender’s Office and the Public Library have been postponed since the heads of these agencies have yet to undergo confirmation hearings.