“Are we ready to give the Fono that type of power?” was a question asked by many students who attended the Veto-Override awareness campaign held at the ASCC lecture hall last week Thursday, where Veto-Override Committee member Fainu’ulelei Alailima Utu explained to the students that a veto is a decision made by the governor not to approve a bill passed by the Fono. The veto override is a lawmaking process wherein the Fono votes on a bill to pass a law — over a governor’s veto.

Presently, in order to pass over — or override — a governor’s veto, a 2/3-majority vote of members of each house is required, along with the approval of the US Secretary of the Interior. He explained that American Samoa is the only US Territory that has to send a veto override to the US secretary of the Interior for approval.

He said a “yes” vote on the referendum will remove the step requiring American Samoa to send a veto override to the US Secretary of the Interior for approval and the local Fono will then have full veto override authority.

Fainu’ulelei made it clear to the students that if the veto override referendum passes, it will not change American Samoa’s political status with the United States. He also noted that in a democracy, there is a separation of powers that builds a system of checks and balances into the lawmaking process.

He further told the students, a yes vote means that American Samoa legislators — who are chosen by our people — live in American Samoa, and know the daily challenges faced by our people, will have the ability to make laws without the involvement of the US Secretary of the interior. He reiterated, the Fono will then have the same veto override authority, which all the other legislatures have in the 50 states and four US territories.

Fainu’ulelei said, the governor can still veto a bill approved by the Fono, but if the Fono overrides the governor’s veto, with at least a 2/3 vote in each house, the bill becomes law with no involvement by the US Secretary of the Interior.

He pointed out further benefits of voting yes to the veto override referendum, among which are: 

1.            Local lawmakers will have the ability to make laws to protect our people, culture, language, land, ocean and natural resources without overriding authority of the US Secretary of the Interior.

2.            American Samoa will have a fair system of checks and balances between the executive branch and legislative branch, like the governments in all 50 states and US territories.

3.            A federal official will no longer decide the fate of a bill, and;

4.            ASG will no longer be the only territory where there is no system of checks and balances between executive and legislative branches.

DISCUSSION

During the forum discussion, ASCC student Princess Auva’a asked, “Are we ready to give the Fono that kind of power?” She pointed out, “There is a need for that third pair of eyes to review such things.”

Attorney General Talauega Eleasalao Ale asked Auva’a, “Do we not trust our own people to make our own laws and our own decisions?” She responded, “No… not with everything going on at the Fono, which recently proposed a bill to raise their allowances to $10,000 and also proposed to raise the Governor’s salary to $125,000 a year. Do you think we want to give them, both branches too much power as such?”

Medicaid Director, Sandra King Young, who is also a member of the override committee, pointed out to the students the veto override creates checks and balances and that is much needed in the territory. She said, having someone who has no knowledge about what’s going in our territory decide the fate of a bill for American Samoa is not right.

“Our own people should decide our own bills,” she said, and further stated that the veto override power should have been given to American Samoa in 1977, when American Samoa first elected their Governor.

However, some students pointed out that unless the senators are voted into the Fono, they will remain with the vote of “no”.

Auva’a said that it’s true our senator selection is unique in a great way —preserving our culture — however she posed the question, “Are we choosing the perfect candidates to make our laws for us?” And, answered, “Some of these men (with all due respect) have no educational backgrounds, no credentials, and no experience. Aside from being a High Chief.”

She noted, “The selection of senators is different. The presenters argue today that they are voted in by the people in their districts, but that’s wrong. The title of being a senator, is passed on from one Matai to the other.” Auva’a said “If a district only has one qualified chief to be a senator, then he will continue on with the title, whether he is performing or not, healthy or sick, he will still continue as senator and still be getting paid.”

Auva’a and other students at the forum took issue with how the forum was conducted, claiming that while it is said it was to promote public awareness, the tone of the presenters was quite different as they seemed more into telling the students to vote yes “by contrasting in a persuasive form, by telling us ‘Facts’ and the ‘Truth’, according to what ‘They’, the committee have sought out to be the truth.”

Auva’a said the presenters pointed out that American Samoa is the only territory with a Veto Override that is required to be passed also by a federal official. But, she noted, Senate selection in American Samoa is completely different from the others.

She asked, “Why now? Why would we want to change this? Is it because, as they said, people had said to them ‘you are the only Territory that hasn’t?’ Sounds like pride comes into play here! Or is it because PM Tuilaepa had made a comment that Am.Samoa is still a dis-organized territory?”