A concurrent resolution that Senators approved Thursday declares that the Governor’s Executive Order which transferred the Department of Corrections under the Department of Public Safety is “invalid and without legal effect”.
In his March 16, 2026 Executive Order, Governor Pulaali’i Nikolao Pula said that inmate escapes from the Territorial Correctional Facility have continued unabated, highlighted by the most recent escape involving a corrections officer who allegedly assisted the escape of an inmate in the trunk of her vehicle. He said the ongoing security failures at the TCF and Juvenile Detention Center present a clear and immediate threat to public safety and demand urgent executive action.
Temporarily placing the Department of Corrections under the Department of Public Safety, and appointing the Commissioner of DPS as Interim Director of Corrections, is necessary to immediately address security issues at the TCF and JDC, said the EO.
But according to the concurrent resolution that senators approved by unanimous vote the EO exceeds the Governor’s authority.
Sponsored by Senate President Tuaolo Manaia Fruean the measure says the Department of Corrections was established by statute as a stand alone executive department with its own director. Neither Article IV of the Revised Constitution nor the American Samoa Code Annotated Section 4.0111 grants the Governor authority to amend, suspend or override statutes even temporarily nor to merge or restructure executive departments created by law.
According to the Senate measure even though the EO characterizes the transfer of the Department of Corrections to the Department of Public Safety as temporary, the order does not contain a sunset clause, end date or statutory authority permitting the Governor to suspend, alter or disregard the requirements of Title 9, which established the Department of Corrections. And the mere use of the term temporary does not confer legal authority to restructure a department established by statute.
By attempting to restructure the Department of Corrections through Executive Order, the Governor is effectively attempting to perform the Fono’s legislative function encroaching upon the separation of powers and undermining the constitutional role of the Legislature, says the resolution.
The Legislature declares that the Governor’s Executive Order is invalid and without legal effect to the extent it purports to transfer the Department of Corrections under the Department of Public Safety or reassign statutory powers established In Title 9.
Further the Legislature reaffirms that only legislation may amend the structure, authority or placement of executive departments created by statute. The concurrent resolution urges that if the Governor believes structural changes are necessary to submit a bill proposing amendments to Title 9 so that the matter may be properly reviewed through the legislative process.
The concurrent resolution has been sent to the House of Representatives.
