Closed joint session sits to discuss Governor’s letter about Fono “over reach”

Pago Pago, AMERICAN SAMOA — Members of the public and local media were asked to vacate the Senate chamber yesterday morning ahead of a closed joint session of the Fono, convened to deliberate on Governor Pulaalii N. Pula’s response to allegations of unauthorized budgetary expenditures.

The Governor’s response was delivered in a letter to Fono leaders last Friday, casting a contentious shadow over the final day of the Second Regular Session of the 39th Legislature.

Senator Togiola T.A. Tulafono stated after reading the language of the Governor’s letter that it was a 'Trump-like' response, and he moved to accept the request from the House for a joint meeting.

The controversy centers on $519,000 in Fiscal Year 2026 funds that had been earmarked for Directors' salaries. However, the Fono withheld approval of the proposed expenditure, citing the fact that the Directors in question had not yet been formally confirmed. As a result, the $519,000 remained classified as unbudgeted revenue within the FY 2026 budget framework.

In his October 16, 2025 letter to Senate President Tuaolo Manaia Fruean and House Speaker Savali Talvou Ale, Governor Pulaalii praised the Fono leaders' "wisdom and commitment to serving the people of Tutuila and Manu'a as demonstrated throughout this year's budget process.

"The government's continued, uninterrupted operations into the 2026 fiscal year, reflects our shared commitment to ensure public stability and to serve our people. It is an honor working with you on the few remaining issues that need to be resolved.

"The Fiscal Year 2026 Budget was reduced by an unprecedented $25 million dollars. It is a fiscally responsible budget that breaks the cycle of overspending. Your courage in largely supporting my proposed budget will benefit American Samoa for years to come.

"However, the FY 2026 Budget transmitted to me by the Fono contains $519,000 more in revenue than in spending. While the FY 2026 Budget specifically states that unbudgeted revenue cannot be spent without the Fono's authorization, the $519,000 referenced above has been budgeted, so it does not fall under that rule. The budget includes no explanation about the money's intended purpose."

Governor Pulaalii addressed the Legislature’s adjustments to the personnel budget, suggesting that “it could be viewed as an attempt to control the Governor’s personnel decisions.” He emphasized the constitutional separation of powers, asserting that the authority to manage personnel and execute laws lies squarely with the Executive Branch.

In contrast, the Governor clarified that the Fono’s role is limited to the enactment of laws and the appropriation of budgeted funds based on projected revenues.

"The deliberate reduction of personnel budgets in specific departments, seemingly based solely on the Fono's disagreement with a department leader's salary, title, or its belief that the director is subject to legislative confirmation, constitutes an over-reach of legislative authority and violates the separation of powers guaranteed under the Revised Constitution of American Samoa," Governor Pulaalii wrote.

"Specifically, Article II vests the legislative power in the Fono, while Article IV vests the executive power in the Governor, who is charged with the faithful execution of the laws and the administration of all executive departments.

"This means the Governor is responsible for managing the people who work in the Executive Branch, while the Fono has the vital role in budgeting, to ensure fiscal accountability. It is therefore important that both branches execute their respective responsibilities in a way that respects this constitutional balance," the Governor emphasized.

In their letter, Fono leaders asserted that Governor Pulaalii had erroneously claimed the Legislature made $7.8 million in changes to the Fiscal Year 2026 budget. The Governor responded by clarifying that this figure does not appear in his correspondence with the Fono, and that the statement referencing the $7.8 million reduction was made the following day without attributing the difference to legislative action.

A press release from the Governor’s Office stated that the FY2026 budget summary reflects a slight overall reduction of $7.8 million, shifting from the Executive’s original proposal of $815.4 million to the Legislature’s approved $807.6 million.

Governor Pulaalii emphasized that the noted changes were the result of updated departmental reporting, not direct legislative adjustments. He further stressed that the situation reflects the need for consistent coordination and communication between the Executive and Legislative fiscal teams to ensure clarity and accuracy in budgetary processes.

A source who attended yesterday’s joint Fono meeting told Samoa News on condition of anonymity that many lawmakers were dissatisfied with the Governor’s response.

According to the source, several members complained that the Governor’s tone was “borderline obnoxious and disrespectful,” suggesting that he was treating Fono members “like children.” Others argued that the Governor appeared to be interpreting the situation in a way that suited his own agenda, despite the law being “crystal clear” that directors of government departments and agencies are subject to Fono confirmation.

One senior lawmaker even went so far as to propose that the Fono consider initiating articles of impeachment against the Governor.

In the end, however, members agreed to heed the advice of other senior legislators to proceed cautiously for the sake of the government’s integrity.

Senate Legal Counsel Mitzie Jessop-Ta'ase (far left) pictured with senators following the final session of the Second Regular Session of the 39th Legislature last Friday. From left to right: Mitzie Jessop-Ta'ase, Senators Gaoteote Palaie Tofau, Tuialu'ulu'u Vaimili Tuialu'ulu'u, Ma'o Faauma Gogo, Vice President Magalei Logovii, and Si'i Noaese Taeatafa. [photo: Asi A. Fa'asau]

They resolved to send another letter to the Governor, reaffirming the Fono’s position on the matter. Should that effort fail to produce a satisfactory resolution, lawmakers agreed that the issue should ultimately be settled in court.