Senate approves FY 2023 budget with changes

Pago Pago, AMERICAN SAMOA — The Senate has approved with changes ASG’s proposed budget for the new fiscal year, starting October 1 2022.

The proposed $693.41 million budget — with $84.54 million of the total allocated for salaries — is an increase of 25 percent over the previous FY 2022 $552.78 million budget.

The original budget submitted by the Government separated several divisions of the Department of Public Safety as independent agencies, including the Territorial Correctional Facility, Marine Patrol and the Fire Division.

Also the Emergency Medical Services was transferred to a newly established Search and Rescue Agency.

However changes made by the Senate and House of Representatives include transferring back TCF, Marine Patrol and the Fire Division to the Department of Public Safety and the EMS back to the hospital.

The Senators believe the move by the Governor to create the new agencies is illegal and they are anticipating seeking the Court’s ruling to determine the law to ensure the transfer is valid.

The total fiscal year 2023 final budget is capped at $693,415,535 reflecting an increase of $140,630,435 or 25 percent above the fiscal year 2022 aggregate budget of $522,785.

“The total overall total increase is attributed to the significant surge in federal grants due to COVID-19.”

According to the report, local revenue to be collected is $117 million, while grants allocated is 49 % or $341 million; enterprise funding is $223 million and Capital Improvements amount to $10 million.

For expenditures, $84,543,000 is for salaries; $3.1 million for materials and supplies, while contractual services is $17 million and $891,500 for travel; $11 million allocated under “others” and $586,500 for equipment.

 Chairman of the Budget Committee, Magalei Logovi’i told Samoa News earlier lawmakers would not allow the transfer of the divisions unless they are certain the move is legitimate.

Senate Legal Counsel, Mitzie Jessop-Ta’ase explained to the Senators that the DPS was created under Executive Order signed by then Governor John Morse Hayden in 1971, but it was legislated into law in 1979.

 “We have discovered the DPS was created under Executive Order, but when the Department was legislated in 1979, the Fire and Corrections was transferred under the DPS. Since 1979 the Fire and Corrections were under the umbrella of the Public Safety and is overseen by the Commissioner of Police.

 “It’s apparent the argument by the AG is that the law is unclear whether Fire and Corrections is assigned under the DPS, but it is clear from [Public Law 16-39] these divisions are under the Public Safety,” explained Jessop-Ta’ase.

 Magalei said it’s evident from the AG’s testimony the Public Law in question “does not clearly” stipulate that the Corrections and Fire divisions are subject to law under DPS and that the executive order is also a law.

 “And that Public Law was established based on the Executive Order which was signed by then Governor Hayden.

“However the AG says that despite the Public Law, it is not clear the Corrections and the Fire Divisions were included.

 “Now the question is — over 44 years [the Corrections and the Fire Divisions] have been operating under DPS in this manner?” asked Senator Faaivae.

During the hearing, Attorney General Fainuulelei Alailima-Utu explained the Public Law in question does not “clearly state” that the Corrections and Fire divisions were under the DPS when the Executive Order was made into law.

According to the Executive Regulation Order 2-71 signed by Governor Hayden, pursuant to governmental structure, it contemplates a Department of Legal Affairs and Public Safety with the Commissioner of Public Safety reporting to the Governor through the Attorney General.

 “Whereas the present Police, Fire and Corrections requirements necessities direct communication between the Commissioner of Public Safety.”