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Text: 62-CV-17-4271 Filed in Second Judicial District Court 7/20/2017 12:59 PM Ramsey County, MN
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
State Representative Rena Moran and State Representative Marion O'Neill,
Petitioners,
v.
State House Speaker Kurt Daudt, in his official capacity only; Jim Reinholdz,
Controller and Chief Financial Officer of House Budget and Accounting Office, in his official capacity only; Minnesota House of Representatives Budget and Accounting Office; the Ninetieth Minnesota State House of Representatives,
Respondents.
Case Type: Civil Court File No. _______ _
PETITION FOR ALTERNATIVE WRIT OF MANDAMUS
INTRODUCTION
The above-named individual legislator-petitioners Hon. Rena Moran and Hon. Marion O'Neill seek a writ of mandamus from this Court to direct the above-named governmental respondents to pay the Minnesota state house members their salaries of $45,000 per annum as prescribed by the Legislative Salary Council, mandated by the Minnesota Constitution and Minnesota statute.

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62-CV-17-4271 Filed in Second Judicial District Court
7/20/2017 12:59 PM
Ramsey County, MN
During last year's election, a state constitutional amendment was enacted that created a Legislative Salary Council which established the base salary of state legislators at $45,000, effective on July 1, 2017.
Contrary to this clear constitutional and statutory law, the respondents have continued to pay House members at the old salary rate of $31,140 per annum instead of the $45,000 per annum. Since July 1, 2017, Senate members have been paid $45,000 per annum.
Under these circumstances, this petition requests a writ requiring the respondents to immediately pay the House members $45,000 per annum which is what the law requires and what the Senate members are receiving.
Additionally, the petitioners request that the writ be issued as soon as possible and also that the writ would cover back pay from July 1st.
PARTIES
1. The petitioners are members of Minnesota's House of Representatives
The Respondent Minnesota House of Representatives is part of the legislative
branch of the Minnesota government. The State House's financial department is called the House Budgeting and Accounting Office which does payroll for House members. Hon. Kurt Daudt is Speaker of the House. Mr. Jim Reinholdz is Controller and Chief Financial Officer of the House Budget and Accounting Office.
JURISDICTION
The Court has jurisdiction over this petition for writ of mandamus seeking
prospective injunctive relief pursuant to Minnesota Statute § 586.01, et seq. and Rule 65.01
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of Minnesota Rules Civil Procedure because the respondents are withholding pay, a
beneficial interest, from the petitioners who are individual House members.
PETITION
4.
The petitioners petition the Court for a writ of mandamus pursuant to Minnesota Statute § 586.01, et seq., requiring the Government commencing on July 1, 2017 to pay Minnesota state legislators the $45,000 annual salaries "prescribed" by the Legislative Salary Council ("Legislative Council").
5.
The Petition is necessary because the respondents, since July 1, 2017, have been only paying House members salary at $31,140 per annum; meanwhile, State Senators, since July 1, 2017, have been receiving the legally-required $45,000 per annum.
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The Minnesota Supreme Court has held that the Constitution mandates the funding of constitutional prerogatives of elected officials. See State ex rel. Mattson v. Kiedrowski, 391 N.W.2d 777 (Minn. 1986) (requiring funding of State Treasurer's constitutional prerogatives).
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Amended at the 2016 general election, Minnesota Constitution, Article IV, section 9, requires the Legislative Salary Council (Council) to "prescribe" the salaries of Minnesota state legislators by March 31st of each odd-numbered year:
Sec. 9. Compensation.
The salary of senators and representatives shall be prescribed by a council consisting of the following members: one person who is not a judge from each congressional district appointed by the chief justice of the Supreme Court, and one member from each congressional district appointed by the governor. If Minnesota has an odd number of
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congressional districts, the governor and the chief justice must each appoint an at-large member in addition to a member from each congressional district. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the most members in the legislature. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the second-most members in the legislature. None of the members of the council may be current or former legislators, or the spouse of a current legislator. None of the members of the council may be current or former lobbyists registered under Minnesota law. None of the members of the council may be a current employee of the legislature. None of the members of the council may be a current or former judge. None of the members of the council may be a current or former governor, lieutenant governor, attorney general, secretary of setate, or state auditor. None of the members of the council
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may be a current employee of an entity in the executive or judicial branch. Membership terms, removal, and compensation of members shall be as provided by law. The council must prescribe salaries by March 31 of each odd-numbered year, taking into account any other legislative compensation provided to legislators by the state of Minnesota, with any changes in salary to take effect on July 1 of that year. Any salary increase for legislators authorized in law by the legislature after January 5, 2015, is repealed.
The constitutional text also provides that "[a]ny sala1y increase for legislators authoi-ized in
law by the legislature after January 5, 2015, is repealed."
8. Consistently, Minnesota Statute § lSA.0825, subdivision 7, provides that the
council, among its duties, prescribe and set the salaries for the legislators:
By March 31 of each odd-numbered year, the council must prescribe salaries for legislators to take effect July 1 of that year. In setting salaries, the council must take into account any other legislative compensation provided to the legislators by the state and the most recent budget forecast. The council must submit a report by March 31 of each odd-numbered year with the prescribed salaries to the governor, the majority and minority leaders of the senate and the house of representatives, the chairs of the committees in the senate and the house of representatives with jurisdiction over the
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legislature's budget, and the chairs of the committees in the senate and house of representatives with jurisdiction over finance. The report must describe the council's rationale for selecting the prescribed salaries.
9.
Accordingly, once the Council prescribes the legislator salaries, the Constitution requires that the Council-prescribed legislator salaries be paid by the respondents.
10.
In January, February and March of 2017, the Council held about six meetings to prescribe legislator salaries. The Council considered other legislative compensation, the budget forecast, and an extensive amount of other data and analysis.
11.
On March 21, 2017, the Council prescribed $45,000 as the legislator salary effective July 1, 2017: Based on our consideration of these materials and our extended discussion, the Legislative Salary Council prescribes that salaries of Minnesota senators and representatives be set at $45,000, effective July
1, 2017. Attached hereto as Exhibit A is a true and correct copy of the Council's report dated March 21, 2017. In its report, the Council noted that salaries of Minnesota's legislators have been fixed at $31,140 since 1999. Id.
12.
Once the Council prescribes the. legislative salaries under the Minnesota Constitution, Article IV, Section 9 and Minnesota Statute § 15A.0825, subdivision 7, the respondents are obligated to pay the constitutionally-prescribed salaries.
13.
After the Council's report was issued on March 21, 2017, the Speaker of the House Kurt Daudt wrote a letter instructing Jim Reinholdz and the House Budget and Accounting Office not to follow the Council's $45,000 prescribed sala1y on July 1, 2017, but
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stick with the prior salary level of $31,140, because he argued, erroneously, the state legislature is not required to fund a Council-prescribed legislative salary increase. See Exhibit B (I<:urt Daudt's letter dated March 16, 2017 to Jim Reinholdz, Controller for the House of Representatives.)
14.
At the. time, in response, Senate Majority Leader Paul Gazelka told WCCO differently about the Council's prescribed salaries of $45,000, "That's what the Constitution directs ... I don't know how you can possibly get around that." See Exhibit C.
15.
Since July 1, 2017, House members have been paid at a rate of $31,140 per annum -less that the legally-required $45,000.
16.
Meanwhile, since July 1, 2017, Senate members have been paid the legally-required $45,000 per annum.
17.
Respondents have violated a clear legal duty to pay the house members a salary of $45,000 per annum.
18.
Petitioners have been specifically injured from the respondents' public wrong.
19.
Beyond the writ of mandamus, there is no other remedy adequate at law.
PRAYER FOR RELIEF
The petitioners pray for the following relief:
1. For an order to show cause on a hearing scheduled as soon as possible for the respondents to show why they would refuse to pay the $45,000 annual salaries to the state house members commencing as soon as possible with back pay to July 1, 2017;
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2. For a writ of mandamus requiring the Government to pay the $45,000 annual
salaries to the state legislators commencing as soon as possible with back pay to July 1, 2017;
and
3. Award other relief that the Court may deem just.
Dated: July 20, 2017. Is/Erick G. Kaardal Erick G. Kaardal, 229647 Mohrman, Kaardal & Erickson, P.A. 150 South Fifth Street, Suite 3100 Minneapolis, Minnesota 55402 Telephone: 612-341-1074 Facsimile: 612-341-1076 Email: kaardal@mklaw.com
Attorneyfar Petitioners
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements and reasonable
attorney and witness fees may be awarded pursuant to Minn. Stat. §549.211, subd. 3, to the
party against whom the allegations in this pleading are asserted.
Dated: July 20, 2017
Is/Erick G. Kaardal Erick G. Kaardal
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