The "Sky-bi" is a centerpiece of Carney's campaign for Mayor, and the "logo" for related news releases
BREAKING NEWS -- "Moderate Progressive Republican" candidate for Minneapolis Mayor will hold a 4 PM news conference at city hall today on Carney v State of Minnesota -- the lawsuit challenging Governor Pawlenty's Political Contribution Refund "elimination" is now the first of two "unallotment" lawsuits -- If the Governor and Legislature can't "work out" the unallotment disagreement, Carney recommends the Legislature study the meaning of non-criminal "corrupt conduct in office" in the Minnesota Constitution's impeachment provisions
The news conference will be at 4 PM today, at Minneapolis city hall, by Father of Waters
Carney is not calling for Governor Pawlenty's impeachment, but sees a potential need to begin studying impeachment provisions
Carney is organizing a second "Citizens' Petition for a Redress of Grievances -- Unallotment", this may or may not advance very far before Tuesday's election. A copy of the e-mail that was sent to candidates, and the petition, follows this news release, and is well worth reading
Carney is writing a book on unallotment
Other Mayoral candidates have been invited, and may or may not come -- the issues are not as central to their campaigns
Carney will also attempt to file his second ballot dispute lawsuit Monday; he anticipates a Constitutional challenge based on both the Court's attempt to collect a "filing fee", and on other First Amendment grounds. The city of Minneapolis rejected Carney's first Affidavit of Candidacy, which stated "Moderate Progressive Republican" as his political principle; Carney was forced to re-file, and chose "Moderate Progressive Censored"; filed under protest
UPCOMING -- A joint news conference of "insurgent" Minneapolis Mayoral candidates will almost certainly be announced for Monday, at city hall, time to be determined
UPCOMING -- A singing event is also being organized for Monday
Contact: Bob Carney Jr.
bob@republicancontract.com
cell: 612-803-9084
For immediate release
Minneapolis, MN, October 30, 2009 – "Moderate Progressive Republican" candidate for Mayor of Minneapolis Bob Carney Jr. will hold a news conference today at city hall, at 4 PM, to report on his Political Contribution Refund lawsuit: Carney v. State of Minnesota, and to comment on a second "unallotment" lawsuit that has just been announced..
The first is a class action lawsuit challenging Governor Pawlenty's attempt to use unallotment powers to, as the Pawlenty Administration describes it, "eliminate" the Political Contribution Refund program for the current biennium. A hearing was held on Carney v. State of Minnesota October 13th, in Ramsey County District Court. There is already an extensive record of filings in the case, on-line at www.republicancontract.com The original Complaint has been downloaded hundreds of times.
Yesterday a second lawsuit was reported on by the Star Tribune, and by Doug Grow at Minnpost, challenging the Pawlenty Administration's attempted unallotment of a supplemental dietary assistance program, and a rental property tax refund program.
Both these programs and the Political Contribution Refund program are different from almost all other unallotment categories, because individuals have "standing to sue" when they are affected in a way that is different from the public at large.
"In my June 30th testimony before the Legislative Advisory Commission, I identified the rental property tax refund as similar to my Political Contribution regarding this standing issue," Carney said, adding: "On the one hand, I'm glad the two new suits are going forward, but on the other hand, the legal costs will have to be paid by either the citizens of Minnesota, or as a percentage from those who have been harmed."
Carney wrote the Legislative Advisory Commission October 5th, calling on them to hold a second hearing on unallotment, based on the sweeping claims of unallotment power the Pawlenty Administration has made in Carney v. State of Minnesota.
"As a Republican -- one of the three words in my political principle -- I think 'political questions' are properly resolved between the legislative and executive branches, and of course ultimately by the citizens. However, the unallotment situation has reached a point where, after a further LAC hearing, it may be necessary for the LAC to recommend that a Legislative Committee, Subcommittee, or task force conduct a hearing to study the meaning of the phrase: "corrupt conduct in office" in our Minnesota Constitution's impeachment provisions.
According to the Minnesota Constitution, a Governor "...may be impeached for corrupt conduct in office or for crimes and misdemeanors;..." The state Constitution further provides: "Sec. 3. SUSPENSION. No officer shall exercise the duties of his office after he has been impeached and before his acquittal."
Carney is not a lawyer, but that didn't stop him from writing a book in 2000, The Nixon-Clinton Impeachment: A new Constitutional Theory (online at bobcarneyjournal.com). The book examines both the relationship, and the separation, of criminal and non-criminal grounds for impeachment in the Federal Constitution. "We need to note that in our Minnesota Constitution criminal and non-criminal grounds for impeachment are separated by an 'or'," Carney said, and added: "this appears to strongly suggest that a 'power grab' of the kind the Governor is attempting with his sweeping claims of unallotment powers may, by itself, or in combination with fundraising activities that are legal, constitute 'corrupt conduct in office'".
"I am not calling for Governor Pawlenty's impeachment," Carney said.
Carney knows of no historical example of anyone ever being impeached in Minnesota.
<end>
Following is an e-mail Carney sent to Minneapolis Mayoral and City Council candidates regarding the Second Citizens' Petition for a Redress of Grievances -- Unallotment
Dear fellow candidates:
I've launched a second Citizens' Petition drive, and I'm asking you to sign it (just confirm with a “yes” by return e-mail). This one challenges the Pawlenty administration's “unallotment”.
The basic idea behind Minnesota's unallotment law is clear and simple. Unallotment allows the Governor to unilaterally reduce spending when an economic downturn throws the budget out of balance.
Minnesota's unallotment was designed to provide for a kind of “mid-course correction” during an economic dip. The law requires at least one hearing by the Legislative Advisory Commission – Legislative leaders and key committee chairs.
Here's the “spirit of the law”: The Governor and Legislative leaders are supposed to talk, and agree on where to trim, to get the state through an economic dip. Unfortunately, there always seems to be a battle between the “spirit of the law” and the “devil in the details.”
What we've got today is no dip – it's more like a depression than a recession.
And Governor Pawlenty's unallotment is no “mid-course correction.” It's a power grab.
In Minnesota, we've always started a biennium with a balanced budget (sometimes a little late, after a special session).
Not this year – the current biennium was launched with a $2.7 billion deficit.
And it was launched with no special session.
I'm for the “spirit of the law”. But so far this year, the “devil in the details” seems to be winning.
I testified at the June 30th Legislative Advisory Commission hearing. I warned the Pawlenty administration that unless they reconsidered, and stopped the attempt to use unallotment to “eliminate” (their word) the Political Contribution Refund program, I would sue. They didn't stop, and I did sue. Here's one preliminary result: we have, in writing and in court, a record of the sweeping unallotment powers Governor Pawlenty is claiming. Progress is being made.
I use quote marks around “Republican” when talking about “Pawlenty Republicans”. As a Moderate Progressive Republican -- a real Republican, as in “...republican form of government,...” – I'm appalled as I witness what is emerging. Here's what I told the Legislative Advisory Commission in an October 5th letter calling on them to hold another hearing:
We should expect a future “Republican” candidate for Governor to campaign along this line – maybe not with these words, but with this message:
“This Bud's for YOU! Elect me... I'll use my action figure unallotment super power to unilaterally balance the budget on my pinky. Makes you feel good to elect DFL'ers to the Legislature? Wife wants you to vote for 'em -- put out a sign? Go ahead! Let 'em play their games. It don't matter what they pass for spending – Gov has the checkbook – I'll be the decider for Minnesota on what's spent and what's not spent. But listen – you gotta give me this: 'boots on the ground' -- one third plus one in one house of the Legislature. That's all we need".
According to this plan, there won't be any deficits – the Governor will just slash programs as he sees fit. Governor Pawlenty claims the power to cut or even eliminate programs for a biennium.
This is what's coming -- to a political theater near you.
Unless we stop it now.
Fortunately, next week this issue is also coming to a voting booth near all of us.
Here's why this is a city election issue:
Local Government aid has been cut 42% in five years.
Our state is becoming polarized on a rural/urban divide. With a 1/3 + 1 rural legislative base, the Pawlenty “Republicans” can and will use unallotment to fuel a divide between big city Minnesota and Rural Minnesota.
And, oh yes... did anyone mention that Mayor Rybak is running for Governor?
Our Legislature has always been the “network hub” of the state – the place where people representing different interests come together with this basic instruction from the Citizens: compromise,... yes compromise,... (but never on fundamental principles), to enact a budget and a tax system that is fair to everyone.
Governor Pawlenty wants to downsize and micromanage this network hub – using just his cell phone.
If he succeeds, it literally won't matter what Citizens of Minneapolis tell the Legislature. A “Republican” Governor and his Legislative “boots on the ground” will decide what to spend. And they won't have to listen to anyone who's not on their side (of the trenches).
Here are the questions our Governor has put to the Citizens of Minneapolis:
Do we want to EFFECTIVELY ABOLISH the Legislature's authority to set our state's budget? Please answer Yes or No.
Should it matter AT ALL what we tell our representative in Saint Paul? Please answer Yes or No.
This is a City of Minneapolis election issue.
I'm asking Minneapolis Mayoral and City Council candidates to join in signing this second Citizens' Petition before the election. Beyond that, I think we should launch this as a petition drive for all Citizens of Minneapolis, and Minnesota.
Here's my one campaign promise in this campaign: “If elected Mayor of Minneapolis, I will run against Pawlenty for President, and show the people in Iowa what a real Minnesota Moderate Progressive Republican is.”
I want you to know that I see this second Citizens' Petition drive partly in the context of my own effort to move the Minnesota Republican Party in a more moderate and progressive direction. But it goes beyond that. I want to work with people of all parties, or no party, who are independent thinkers – candidates who are not a part in a Party Machine.
Here's a summary of what you are being asked to agree to in the second Citizens' Petition:
The Legislative Advisory Commission must hold another hearing, to question the Pawlenty Admnistration about the sweeping unallotment power they have now claimed in writing and in court.
After this hearing, the Legislative Advisory Commission must consider whether to recommend a second hearing, to study whether Governor Pawlenty's unallotment actions, “when considered separately, or when viewed in combination with Governor Pawlenty's other political, fundraising and/or campaign-related activities, may or may not rise to the level of an impeachable offense against the Citizens of the State of Minnesota.”
Please call me or e-mail me if you have any questions. I'm asking all candidates (even the machine candidates) to sign this before the election next Tuesday. I will send out news releases on the progress of this second Citizens' Petition. If you agree, the news releases will name you, and announce your support of of the petition.
Sincerely,
Bob Carney Jr.
Moderate Progressive Republican candidate for Mayor of Minneapolis
cell: (612) 803-9084
Here is the second Citizens' Petition:
Second Citizens' Petition for a Redress of Grievances -- Unallotment
Whereas:
The current Minnesota fiscal biennium began with an unprecedented $2.7 billion deficit, and,
Whereas:
No known previous Minnesota biennium, after the completion of any needed special session, has ever commenced with a deficit, and
Whereas:
Governor Pawlenty has claimed, in writing and in court, sweeping unallotment powers in the case: Carney v. State of Minnesota, apparently extending to the unchecked, unilateral power of the Governor to spend any amount, from zero to the full legislative appropriation, for almost all categories of Legislative appropriations, and
Whereas:
Such sweeping claims of executive power appear to fundamentally usurp the Constitutional role and authority of the Legislature, and
Whereas:
Courts are justifiably reluctant to attempt to resolve “political questions” if this can be avoided, and where individual standing to sue is not clear, now
Therefore, We, the undersigned Citizens of Minnesota do Petition our State Legislature, and demand:
First,
that the Minnesota Legislative Advisory Commission study the court record of Carney v. State of Minnesota, and hold a hearing to question Governor Pawlenty, and/or Minnesota Management and Budget Commissioner Tom Hanson, regarding whether the Pawlenty administration's claimed powers are proper, consistent with Minnesota statutes, or even Constitutional, and
Second,
that the
Legislative Advisory Commission consider, subsequent to the hearing, whether or
not to recommend that a further hearing be conducted by a Legislative Committee,
Subcommittee, or Task Force, to study the meaning of the phrase “corrupt conduct
in office”, as found in Article VIII of the Minnesota Constitution, with regard
to whether the nature and scope of Governor Pawlenty's unallotment actions,
although not criminal, when considered separately, or when viewed in combination
with Governor Pawlenty's other political, fundraising and/or campaign-related
activities, may or may not rise to the level of an impeachable offense against
the Citizens of the State of Minnesota.