Virtual File - Item

Text: Bill Walsh
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Subject:
Dear Senator Fischbach,
Anderson, Kristyn M (MMB)
Friday, December 29, 2017 3:24 PM
Sen. Michelle Fischbach
Kevin Matzek; Tom Bottern; Stephanie James; Dornfeld, Joanna (GOV); Simpson,
Amanda (GOV)
RE: Salary for the lieutenant governor
I received the below inquiry on your behalf from Senate Counsel, Stephanie James.
The Minnesota Constitution provides that the "compensation of the lieutenant governor shall be prescribed by law."
Minn. Const. art. V, sec. 5. In 2001, the legislature prescribed, by session law, that beginning in 2003, the lieutenant
governor's salary would be set at 65 percent of the Governor's salary. Minn. Laws 2001, ist spec. sess., ch. 10, art. 1, sec.
2 ("Effective January 6, 2003, the salaries of other constitutional officers are set at the following percentages of the
salary of the governor ... lieutenant governor- 65 percent."). In 2013, when the legislature increased the governor's
salary, the legislature prescribed by session law that "[t]he salaries of the other constitutional officers shall be adjusted
to retain their proportional relationship as of January 1, 2013, to the salary of the governor." Minn. Laws 2013, ch. 142,
art. 6, sec. 12. See also Minnesota House Research, January 2016, State Elected Officials' Compensation,
http://www.house.leg.state.mn.us/hrd/pubs/ss/sseloffcomp.pdf.
The Constitution and laws use the words "compensation" and "salary," respectively. According to the Minnesota canons
of construction, words in statutes are to be construed according to their common usage. Minn. Stat. sec. 645.16. This
same rule of interpretation-that words must be given their ordinary meaning-also applies to constitutional
provisions. State v. Pett, 253 Minn. 429,432, 92 N.W.2d 205, 207 (1958) (stating court will not substitute words with
well-defined meaning in constitution with other words having a different meaning).
To determine the common meaning of words, courts often resort to dictionary definitions. See, e.g., Rasmussen v.
Glass, 498 N.W.2d 508, 511 (Minn. Ct. App. 1993) (consulting v_arious dictionaries to construe the word "creed"). The
Merriam-Webster online dictionary defines "salary" to be "fixed compensation paid regularly for
services." https://www.merriam-webster.com/dictionary/salary. It defines "compensation" to mean "payment,
remuneration" https://www.merriam-webster.com/dictionary/compensation, and defines "pay" to include "to
discharge a debt or obligation." https://www.merriam-webster.com/dictionary/pay. Based on the plain meaning of
these terms, the State is required to pay the lieutenant governor the salary prescribed by session law.
As the last elected President of the Minnesota Senate, you will become Lieutenant Governor upon a vacancy in that
office. Minn. Const. art. V, sec. 5. Accordingly, when you become Lieutenant Governor, pursuant to constitution and
law, the State will be required to pay you 65% of the Governor's current salary.
Please let me know if you have any additional questions.
Sincerely,
Kristyn Anderson
General Counsel I Legal Services
651-259-3648 (office)
651-296-8685 (fax)
1
Minnesota Management and Budget
658 Cedar Street, Saint Paul, MN 55155
mn.gov/mmb
m~ MANAGEMENT
I I AND BUDGET
From: Stephanie James [mailto:Stephanie.James@senate.mn]
Sent: Thursday, December 21, 2017 3:56 PM
To: Anderson, Kristyn M (MMB)
Cc: Sen. Michelle Fischbach ; Kevin Matzek ; Tom
Bottern
Subject: Salary for the lieutenant governor
Hello Ms. Anderson - I am an attorney in the office of Senate Counsel, Research, and Fiscal Analysis. Sen. Fischbach
requested that I communicate with you about your assertion that MMB is required to pay the lieutenant governor a
salary.
The Constitution provides that "[t]he compensation of the lieutenant governor shall be prescribed by law." You have
apparently interpreted this provision to mean that the lieutenant governor is required to accept a salary of the
prescribed amount. Please describe any legal authority you have for this interpretation. As far as we are aware, no
court has interpreted this provision. Another reasonable interpretation of the provision is that the amount permitted
for a salary is prescribed by law, but there is no requirement that the lieutenant governor accept a salary of the
prescribed amount.
Thank you.
Stephanie James
Senate Counsel
651-296-0103
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