Pago Pago, AMERICAN SAMOA — The 39th Legislature has moved to initiate legal action against the Pula and Pulu administration, asserting that the executive branch violated the Fiscal Year 2026 budget law by continuing to pay salaries for unconfirmed department directors.

Lawmakers had deliberately removed those salary lines from the budget, and last week’s Tuesday joint session of the Senate and House concluded with a unified decision to seek a court ruling.

During the discussion, senators and representatives voiced growing frustration over what they described as a pattern of unchecked executive decisions.

Senate President Tuaolo Manaia Fruean cited several examples, including the administration’s independent reduction of employer contributions to the ASG Employees Retirement Fund, the continued service of board appointees rejected by the Fono, and the payment of salaries that the Legislature had explicitly defunded. He also referenced the conduct of the Governor’s Chief of Staff during a recent House hearing, which has become a critical point in the strained relationship between the branches.

Tuaolo informed members that the Governor had sent him a letter requesting a meeting with him and the House Speaker at Sadie’s Restaurant to discuss the incident and other matters.

"Let me inform you now with due respect," Tuaolo told House Speaker Savali Talavou Ale. "I have already discussed this request from the Governor with Senate members, and I have told them my decision. The only condition I will meet with the Governor is for him to terminate his Chief of Staff."

The Senate President said that it would be an insult to the Fono to see the Chief of Staff at the meeting or during any other government event, as if nothing happened, while members of the Fono are present.

"I will not have the dignity and authority of the Fono compromised," Tuaolo declared.

Several senators echoed the sentiment that the Legislature has made repeated efforts to work collaboratively with the administration, only to be met with actions that disregard legislative authority.

Senator Gaoteote Palaie Tofau remarked that the Governor appears determined to act according to his own judgment, even when it contradicts decisions made by the Fono. He added that this attitude has filtered down through the executive branch, pointing to the past incident in the House of Representatives when the Governor’s Chief of Staff told the Vice Speaker that he had no authority over him and could not direct his actions.

“It was very disrespectful,” Senator Gaoteote said. “In all my years in the Fono, I have never witnessed such conduct. This sets a dangerous precedent, and if we fail to respond, it will only happen again. As the President stated, the dignity and authority of the Fono must not be compromised.”

Senator Togiola T.A. Tulafono recommended formalizing the Legislature’s concerns in a joint resolution that would accompany the legal filing. He suggested that the case should address not only the budget issue but also other areas where lawmakers believe the administration has failed to follow established processes.

House Speaker Savali emphasized that the FY2026 budget law clearly removed funding for unconfirmed directors, yet those salaries have been paid since the fiscal year began on October 1, 2025. He said the Fono has repeatedly written to the Governor, but the concerns have gone unanswered. Savali also thanked the Senate for supporting the joint resolution censuring the Chief of Staff, adding that the official’s remarks reflected on the Governor himself.

Although the Speaker initially urged that the Fono’s leaders meet with the Governor as requested, he later reversed his position after hearing the Senate President’s stance. Tuaolo maintained that any apology should be delivered before the full Legislature, not in a private meeting.

“If he wants to apologize for his Chief of Staff’s disrespectful behavior, then the proper place for that apology is before the Fono, in front of all its members,” Tuaolo argued. “That is why I am not meeting him at Sadie’s-by-the-Sea as he requested. If I go and he apologizes to me privately, I will not accept it.

“As I’ve said, I do not want members of the Fono attending government functions and seeing the Chief of Staff freely walking around. It is inappropriate and sends the wrong message to the public — that anyone can get away with what he did. No. I will not allow the Fono to become the laughingstock of the community. I must protect the dignity of the Fono.”

Vice House Speaker Fetu Fetui, Jr. thanked the Senate President and voiced his full support for the decision, emphasizing that his stance was not influenced by his own involvement in the exchange with the Chief of Staff, but by the need to ensure such conduct does not occur again.

House members expressed their support for pursuing a judicial ruling. Several noted that the Governor has yet to submit the unconfirmed directors for legislative review, despite earlier assurances.

Senator Muagututia M.T. Tauoa agreed that the Fono’s leaders should not meet privately with the Governor and insisted that any discussion must take place before both chambers. Muagututia did not hold back as he rebuked House Speaker Savali for considering a private meeting.

“Please, Speaker Savali, do not politicize this situation by meeting with the Governor privately,” Muagututia said. “You have been doing that kind of thing ever since you entered the Fono many years ago, and you are still doing it. The Fono is the institution where matters affecting the well-being of the Territory are to be addressed. Stop it.”

The severity of Senator Muagututia’s remarks was softened somewhat by the laughter that rippled through the chamber, but the substance of his message was unmistakable.

Following Muagututia’s assertions, the Speaker withdrew his intention to attend the proposed meeting and called for a show of hands. A clear majority of senators and faipules voted in favor of taking the matter to court.