A lawsuit was filed yesterday in the High Court of American Samoa by Sen. Velega Savali Jr. to bar the territorial government from spending public funds for next month’s Samoan Heritage Week in Hawai’i without Fono approval.

Named in the lawsuit, filed by local attorney Marshall Ashley, are Gov. Togiola Tulafono and government Treasurer Magalei Logovi’i. It says that the governor plans to spend public funds on the event and he will direct Magalei to spend public funds and the Fono has not passed any bills appropriating any funds for such a purpose.

Last week the Governor submitted for legislative approval a $50,000 appropriation bill to fund the Samoan Heritage Week in Honolulu, which Afimutasi Gus Hannemann— chairman of the organizing committee had told Samoa News is set for Aug. 8-14th at Ke’ehi Lagoon Park.

The Governor’s proposal was received by the Fono leadership the afternoon of July 14. The bill was then introduced in the Senate on July 15, while the House is waiting until lawmakers reconvene Aug. 16 to introduce the bill.

According to Velega’s complaint, the Fono has not passed a bill appropriating funds for Heritage Week and the Fono is now in recess and set to reconvene on Aug. 16.

“Thus, the Fono will not appropriate funds for the Samoan Heritage Week until after the conclusion of this event, if at all,” the complaint states.

Additionally, expenditure of public funds prior to appropriation by the Legislature would “usurp” the Fono’s power to review and approve —in advance— the expenditure of public funds.

Velega’s complaint noted that the defendants expended public funds on the event last year without receiving prior legislative approval, adding that the Legislature did appropriate funds, but only after the funds had already been spent.

(The administration requested $200,000 for last year’s event but the Fono didn’t give the final approval until after the celebration was over.)

The lawsuit cites local cases supporting the plaintiff’s position in which the court had ruled that executive branch cannot spend public funds without legislative appropriation or approval.

In the current case, the complaint says the Executive Branch “is attempting to unlawfully spend precious public funds without prior lawful authorization” from the Fono.

“This behavior is not in the best interest of the territory and cannot be tolerated,” said Velega, adding that he has standing to sue in this matter, in his capacity as a Senator.

If the defendants “are not enjoined from using the public funds without prior Legislative authorization, irreparable harm will be experienced by the Legislature through the loss of Constitutional and Statutory power and the people of American Samoa through the loss of precious public funds,” the complaint alleges.

Velega requests that the court:

•    issue a temporary restraining order to refrain defendants from spending public funds on the Heritage Week without Fono approval;

•    issue a preliminary injunction enjoining defendants from spending public funds without prior appropriation by the Fono, pending further order of the court;

•    issue a permanent injunction enjoining defendants from the conduct complained of herein;

•    award to plaintiff the costs and disbursements herein, including reasonable attorneys fees; and

•    award plaintiff such other and further relief as the court may deem proper.

Plaintiff is also seeking the court for an expedited hearing to show cause as to why a preliminary injunction should not be issued. A date was not confirmed yesterday.

There was no immediate reply yesterday afternoon from the Attorney General’s Office —who are expected to represent the defendants - over the lawsuit.