Dayton Seeks Minn. Shutdown Protection From Court

ST. PAUL, Minn. (WCCO/AP) -- Gov. Mark Dayton filed a petition in Ramsey County court Wednesday laying out services that he says must be preserved if state government shuts down July 1.

The petition asks the court to order that services such as police and prison guards, disaster and public health response, medical assistance and tax collection be kept at the minimal staffing level necessary. It deems about 13,000 of 36,000 state executive branch employees necessary to deliver those services. Dayton says he made the decision based on the guidance of the state constitution.

"I look at all of them as essential, but in this instance, that wasn't the consideration, it was direction of the constitution," said Governor Dayton.

The petition recommends that 29 state agencies retain minimal staffing while 46 close entirely, laying off approximately 22,000 state workers. Agencies that would keep the most workers on the clock in a shutdown are Human Services, Corrections, Public Safety and Veterans Affairs.

Dayton said he submitted the petition "with a heavy heart," as what would be the most significant government shutdown in the state's history looms in two weeks and a day. The Democratic governor and Republican legislative leaders have been unable to agree on how to solve a $5 billion budget deficit, and Dayton's petition asked the court to order mediation that could avert the shutdown.

"As difficult as it would be, a shutdown, it still pales in comparison with the devastating effect of Republican budget of critical areas like education," said Governor Dayton.

House Majority Leader Matt Dean criticized Dayton's petition as a "political document," and he and fellow Republican leaders said a shutdown could still be avoided if Dayton would put more energy into budget talks and less into planning for a shutdown. But on Dayton's key demand -- that Republicans agree to about $1.8 billion in new revenue from a tax increase or some other source -- GOP leaders didn't budge.

"We just don't believe that a tax increase is necessary. Citizens of Minnesota, when you tell them that this is the biggest budget in the state's history, very quickly respond, 'Then why do you need more?'" said Speaker of the House Rep. Kurt Zellers.

"Overall, what we were saying is shutdown is unnecessary, tax increase is unnecessary as well," said Senate Majority Leader Amy Koch, R-Buffalo.

Republicans don't want to spend more than the $34 billion the state is projected to collect in the next two years, but Dayton wants additional revenue to avoid cuts he says would be too steep for him to support.

Under Dayton's petition, many noticeable functions of state government would be halted. The Department of Natural Resources would maintain 220 employees for conservation law enforcement, dam and water control safety monitoring and a handful of other operations, but not to keep state parks operating. Agencies including the State Lottery, the state Arts Board and the office of Administrative Hearings would close entirely, as would numerous licensing boards for occupations from physical therapy to optometry to private detectives.

Dayton's court petition argues that five statewide objectives must still be met in a government shutdown: basic custodial care for residents of prisons, treatment centers, nursing and veterans' homes, and residential academies; maintenance of public safety and immediate public health concerns; payment of government benefits to individuals; preservation of the essential elements of state government's financial structure; and preservation of the necessary administrative and support services to provide the above provisions.

The government sent layoff notices to tens of thousands of state employees last week, and the state Department of Human Services mailed notices to 572,000 clients Tuesday warning that they might lose access to health care assistance and other services if the Minnesota government shuts down.

In the filing, Dayton suggested former state Supreme Court justices Kathleen Blatz and James Gilbert -- both of whom were appointed by Republican governors -- as mediators "to oversee and facilitate negotiations between the legislative majority, on the one hand, and the legislative minority and the governor, on the other."

Attorney General Lori Swanson had already suggested Gilbert serve as a court-appointed "special master" who will ultimately decide which state services be deemed critical. Dayton's court filing indicates that the special master's duties should include mediation.

The court filing says Dayton "commits to be present at the mediation and to devote his full time and attention to reaching an agreement."

Business groups began running TV ads critical of the governor and at a testy shutdown hearing, Minnesota's Budget Commissioner was peppered with edgy political insults.

"Thinking that we're so stupid that we're not going to notice that net spending is going to equal net revenue increases, that we're not going to figure out -- it's kind of insulting that the governor thinks the legislature is that dumb," Rep. Pat Garofalo, R-Farmington.

"I intend to do everything I possibly can in the next two weeks," said Dayton.

When asked if the shutdown could be avoided, he said, "anything is possible, where there is a will, there's a way."

Dayton and GOP leaders will meet Thursday at 1 p.m. to discuss more specifics on the budget.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved.This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)