In appellate brief, Pawlenty says he legally unallotted the budget

Gov. Tim Pawlenty formally lodged his defense today with the Minnesota Supreme Court in the ongoing unallotment litigation.

The case deals with $5.3 million that Pawlenty cut from a dietary program for low-income people. The cut was part of $2.7 billion in unallotments that Pawlenty made after the 2009 legislative session adjourned in May.

Shortly before adjournment, Pawlenty said he would use unallotment to solve the deficit for the biennium that didn’t begin until July 1.

June 4, 2009, is a very important day in Pawlenty’s defense.

The brief, which was written by lawyers in the office of Attorney General Lori Swanson, a DFLer, said that Minnesota Management and Budget Commissioner Tom Hanson on June 4, 2009, notified Pawlenty and legislators that “probable general fund receipts for the 2010-2011 budget would be less than anticipated” in the February 2009 economic forecast. The first unallotments were made on July 1.

Hanson’s determination on June 4 gave Pawlenty the authority to unallot the 2010-2011 budget, according to the brief.

“The public records confirm that each of the conditions of section 16A.152 [the unallotment statute] was satisfied with respect to the unallotments made for this biennium,” the brief states.

Ramsey County District Court Judge Kathleen Gearin in December ruled that Pawlenty’s cuts were illegal because the drop in revenues wasn’t a new development. The brief takes issue with Gearin.

“[T]he district court erroneously concluded that the statute was inapplicable because the State’s budget crisis was not ‘unforeseen,’” the brief states.

Oral arguments before the court are scheduled for next month.