Lawmakers question current admin’s “transparency and integrity”

Pago Pago, AMERICAN SAMOA — With three legal counsels employed at the Governor’s Office making high salaries, Rep. Larry Sanitoa queried the Governor’s Chief of Staff, Tuimavave Tauapa’i Laupola as to why several Administration bills submitted to the Fono are “incomplete” — delaying the legislative decision-making process.

And because of what is being termed high salaries for many staff in the Governor’s Office, House Vice Speaker, Fetu Fetui Jr., asked Tuimavave if the new governor has kept the promise made — going back to the election campaign last year — of a government of “transparency and integrity.”

High salaries for staff was raised during the Governor’s Office’s fiscal year 2022 budget hearing before the Fono Joint Budget Committee hearing where Tuimavave says there’s no big change in the FY 2022 budget compared to current fiscal year.

For FY 2022, the Governor’s proposed budget totals $7.6 million — with more than $5.3 million allocated for personnel costs, with 124 positions. This budget item includes governor’s salary of $85,000 and the lieutenant governor at $75,000 — both salaries are set by law.

More than $6.8 million is funded by local revenue and only $781,000 through federal grants, according to the Governor’s Office budget document. For FY 2021, which ends Sept. 30th this year, total approved budget was $6.42 million, with $4.26 million for personnel for 102 positions.

The highest salary level of $70,000 a year is for: Governor’s chief of staff; Legal Counsel to the Governor; ASG-Hawaii Office director; ASG Veterans Affairs Office director; and the Insurance Commissioner, who oversees the Office of the Insurance Commission, which was recently transferred from the Human Resources Department.

The next highest salary level, according to the budget document, is $68,000 for the deputy chief of staff, whom Tuimavave explained — responding to a committee question— was agreed upon by the governor and lieutenant governor.

During the budget hearing, Rep. Sanitoa — the first lawmaker given the chance to ask questions, sought confirmation as to the number of attorneys at the Governor’s Office, and Tuimavave responded “yes” — there are three: the Governor’s Legal Counsel and two assistant legal counsels.

 Sanitoa informed Tuimavave, of his concern as well as concerns from other lawmakers — in both the Senate and House — that many Administration bills submitted to the Fono are not complete, or flawed.

For example, Sanitoa pointed to legislation that restricts the use of wireless electronic devices including cell phones while operating a motor vehicle except for — among other things — emergency calls and if an earpiece is used.

According to the Tualauta faipule, it appears that the language proposed in the bill is just “cut and paste” from laws in U.S states, but “we are a territory.” With three attorneys in the Governor’s Office and with their high salaries, Sanitoa says Administration bills should provide all needed and required provisions.

Sanitoa also noted the many positions described in the budget as “assistant”, “secretary”, and “managers”. He recalled that Fono leaders have written to the governor regarding heads or directors of Executive Branch offices and agencies not yet confirmed by the Legislature and there’s been no response from the governor himself.

And he has also written to the governor, on behalf of his Tualauta constituents, on requests and proposals for his county, but up to now, there’s no reply. Sanitoa said with all these many assistants, secretaries and managers, they should at least be looking at these written requests to the governor.

The faipule suggested that as a “professional courtesy”, a written reply to not only his letter but the one sent by Fono leaders would be in order. Even a simple reply, that it’s been received and reviewed, is good.

Sanitoa said he believes “no merit system” was used to set salaries for senior officials at the governor’s office.

The budget document shows staffers making $65,000 annually — which is the same for deputy directors set by the governor. And those positions/staffers are: executive assistant to the chief of staff, two assistant legal counsels, a special assistant to the executive, executive assistant to the lt. governor, personnel manager, office manager, Special Programs/CIP administrator, financial officer, Plans and Operations Lead, chaplain, public policy advisor, and protocol officer.

There are 8 positions proposed in the budget with salary levels of $60,000: secretary to the governor, assistance financial officer, senior policy advisor, legal policy advisor, IT manager, Veterans Affairs officer, and two positions with the ASG Hawaii Office — project specialist and financial analyst.

The budget also shows that staffers making $55,000 include secretary to the lieutenant governor, communications officer, assistant communications officer, an executive assistant, a coordinator, plans and operations assistant, and four liaison officers. There are several positions earning $45,000 and $40,000 a year.

There are no increases for the Governor’s Office staff in the new fiscal year budget, according to the budget document.

During the joint budget committee hearing, Vice Speaker Fetui questioned the high salaries saying that they should be “fair and transparent” in government and should be corrected. He believes salaries of governor’s office staff are much higher than the previous governor’s staff.

He noted that he’ll never forget the wish and goal of the current governor — going back to the start of the 2020 election campaign of a government of “Transparency and Integrity.”

He asked if this goal is being abided with and followed by the new Administration. Tuimavave responded, “yes” — but Fetui disagreed, saying that what’s being done now is much different than what was lauded during the campaign season of “Transparency and Integrity.”

The Manu’a faipule sought an explanation behind the high salaries.

Tuimavave explained it was the governor’s wish to offer good salaries for sons and daughters of the territory who’ve returned to serve and the governor matches their pay with their duties and responsibilities.

Tuimavave also pointed out that the highest salary level is $70,000 which includes himself, as he deals directly with cabinet members. He offered apologies to Fetui and the Fono if it’s their observation that the pay levels are too high. Additionally, he’s taking all recommendations on this issue for review and will share the information with the governor.

But Fetui wasn’t done, and suggested that this issue in question should be resolved today and not tomorrow and for the Administration to walk-the-talk of “Transparency and Integrity” in government.

Like other lawmakers, Senate President Tuaolo Manaia Fruean agrees with the salary for the chief of staff, who oversees operations at the Governor’s Office as well as dealing directly with cabinet members.

Tuaolo also said the the Fono agrees with the governor’s intention of providing good salaries for sons and daughters who return home to serve the government. However, he said that salaries should be based on qualifications, experience and work experience but not salaries that reach the sky.

Sen. Soliai Tuipine Fuimaono remarked that salaries of lawmakers have not changed for many years and that there is a move to increase their salaries, along with a Senate bill — pending in committee — to increase salaries of the governor to $105,000 and the lieutenant governor at $95,000 a year.

Soliai asked that Tuimavave share this information with the governor for a favorable decision when the legislation comes to the Governor’s Office for review and action. (The Senate bill to hike salaries of the top two elected officials of the Executive Branch, is effective in January 2026).

A Senate bill, co-sponsored by Soliai along with two other senators and introduced in March this year, seeks to increase the annual salaries of the Senate President and House Speaker from $30,000 to $45,000.

Additionally, the legislation intends to hike the salary of other members of the Fono from $25,000 to $40,000 as well as providing an increase in pay for the Swains Island Delegate from $20,000 to $35,000.

The proposed pay increases — pending in committee — would become effective the first-day of the next Legislature after it is passed. In this case, the 38th Legislature — two years away.

Local law states that no Legislature may raise its own compensation, but a Legislature may raise the compensation of succeeding Legislatures.

Current law also sets allowances for lawmakers at $35,000 each for the Fono leaders and $30,000 for members — and the Fono can raise their allowance for a current sitting Legislature.

While the allowance is not considered income and therefore is not taxed, the lawmaker can — if he/ she chooses to — designate the allowance as income, making it taxable (and thus subject to FICA withholding that earns credits for Social Security benefits, as well as all other tax deductions including the local retirement percentage deduction).