Republican Senators today called on the Minnesota Department of Revenue to change or delete proposed text that is accompanying amended tax returns giving Gov. Dayton credit for signing tax cuts into law. The text mentioning the Governor’s name is a significant change from normal Department of Revenue practice and violates the Code of Ethics for executive branch officials outlined in Minnesota law (MN Statutes 43A.38, Subd. 4).

Letters currently being sent to Minnesota tax filers from the Minnesota Department of Revenue include the following paragraph:

“Governor Mark Dayton recently signed legislation that aligns Minnesota’s tax code with most of the changes Congress made to the federal tax code in 2013. These changes could reduce your state income tax. The Minnesota Department of Revenue is reviewing your return to see if you’re due a refund or owe less tax. But we would need information from you to adjust your return.”

“Minnesotans should be outraged that Gov. Dayton would use his office and the Department of Revenue to send such a blatant, self-promoting and political message to the people who might benefit from this year’s tax adjustments,” said Senator Roger Chamberlain (R-Lino Lakes). “I don’t remember him including a paragraph last year in the tax booklet that told tax filers their taxes were going up because of his actions. This is a new low for this Governor.”

In fact, the text in the “What’s New for 2013” section of the Minnesota income tax instructions fails to mention Gov. Dayton’s name or the name of any other politician. It simply states that “Minnesota has a new income tax rate of 9.85% for taxpayers with taxable incomes over $250,000…”

In July 1999, Legislative Auditor Jim Nobles warned then-Governor Jesse Ventura about the use of state resources to benefit him personally, citing the Code of Ethics for Employees in the Executive Branch:

“There is a strong tradition in Minnesota against state employees and officials using public resources for private gain. By law, state employees and officials are strictly forbidden from using state time or other resources to help them obtain private benefits. For example, Minnesota Statutes 43A.38, Subd. 4 (a) says that an employee of the state of Minnesota “shall not use or allow the use of state time, supplies or state-owned or leased property and equipment for the employee’s private interests or any other use not in the interest of the state, except as provided by law.”

“Gov. Dayton using the Department of Revenue mailing list to send a self-promoting campaign piece taking credit for tax changes violates the Code of Ethics for executive branch officials,” added Senate Republican Leader David Hann (R-Eden Prairie). “If the Commissioner of Revenue and Gov. Dayton refuse to remove this language, the Legislative Auditor should look into this matter immediately.”

“Gov. Dayton raised taxes over $2.1 billion in 2013, adjusted them back a little in 2014 and is now using state resources to make sure everyone thinks he’s a tax cutter. Only in Gov. Dayton’s Minnesota.”