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Title: Sen. Fischbach letter declining the salary prescribed for the lieutenant governor
Article Date: 1/3/2018
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Type: Other
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File: January-3-Letter-Senator-Fischbach.pdf 

Text: January 3, 2018
Amanda Simpson
Director of Operations
Office of Governor Mark Dayton
130 State Capitol
Saint Paul, Minnesota 55155
Dear Ms. Simpson,

I do not intend to accept the salary prescribed for the lieutenant governor. Accordingly, please do
not issue any form of payment of the salary to me.
The Minnesota Constitution, article V, sec. 5, provides for the salary of the lieutenant governor to
be "prescribed by law." The salary for the lieutenant governor was "set" in Laws 2001, chapter 10,
art. 1, sec. 2, subd. 4, at 65% of the governor's salary. Ms. Anderson assumes that "prescribed by
law" and "set" mean "required to accept payment." I do not see any authority for that assumption
in her email. As I noted in my inquiry, another reasonable interpretation is that the prescribed or
set amount is required to be offered to the individual who has assumed the office. The legal
obligation for the state to offer the salary does not create a requirement that I accept it.
To ensure that we record our understanding of this matter properly, I am willing to sign a document
acknowledging that the prescribed salary has been made available to me, and that I have declined
to accept it. I will provide you with a draft of this acknowledgment if necessary.
Thank you,
Michelle Fischbach
State Senator
Cc: The Honorable Mark Dayton, Governor of Minnesota
Kristyn Anderson, Minnesota Management and Budget
Joanna Dornfeld, Chief of Staff, Office of Governor Mark Dayton
Attachment.


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