STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

___________________________________________________________________

Carol Becker, Case Type: Writ of Mandamus

Case #
Plaintiff,

vs. SUMMONS

Betsy Hodges, Mayor of City of Minneapolis,

Defendant.
___________________________________________________________________

THE STATE OF MINNESOTA to the above-named defendant, Betsy Hodges Mayor of

Minneapolis:

You are hereby summoned and required to answer the attached complaint of the

plaintiff that is hereby served on you. You are also required to serve a copy of your answer

on the plaintiff at City Hall, 350 S 5th Street S, Minneapolis, County of Hennepin, State of

Minnesota, within twenty (20) days after the service of this summons on you, exclusive of

the day of service. If you fail to serve your answer within the time and manner set forth

above, judgment by default will be rendered against you, without further notice, for the relief

demanded in the complaint.

CAROL BECKER

Dated: August 21, 2014

Carol Becker
Attorney Pro Se
3201 48th Ave S
Minneapolis, Minnesota 55406
(612) 275-4437
STATE OF
MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

___________________________________________________________________

Carol Becker, Case Type: Writ of Mandamus

Case #
Plaintiff,

vs. COMPLAINT

Betsy Hodges, Mayor of City of Minneapolis,

Defendant.
___________________________________________________________________

Plaintiff, Carol Becker, for her Complaint against defendant, Mayor Betsy Hodges

states and alleges as follows:

VENUE AND JURISDICTION

1. Plaintiff, Carol Becker, is a resident and taxpayer in the City of Minneapolis and

has been for the past 24 years.

2. Plaintiff, Carol Becker is a member of the Minneapolis Board of Estimate and

Taxation and has been since 2005.

3. Betsy Hodges is the Mayor of the City of Minneapolis and has been since January 1,

2014.

4. The City of Minneapolis Charter Chapter V, Section 8 plainly states:

 Recommended budget. By August 15, the Mayor must recommend to the City Council

and to the Board of Estimate and Taxation a budget, which must

(A) include a message outlining the budget's significant features;

(B) estimate the revenue, expenses, and budgetary needs for each board, commission,

department, and officer;

(C) recommend any capital improvements for the next five fiscal years;

(D) summarize all taxes applicable to property in the City and their effect; and

(E) recommend any necessary or prudent legislation or other action affecting the City's
finances.

Maximum taxation. By the time set by general law, after a public hearing, the Board of

Estimate and Taxation must set the maximum amounts and rates that the City Council

and other boards may levy, including the maximum amount and rate for the general

fund and each other fund. The amounts and rates set under this section 9.3(a)(4) are

subject to any other applicable law.

After a public hearing on the budget for and taxes payable in the following year, the

City Council and each board must adopt a budget, which must

(A) appropriate money for each board's, commission's, department's, and officer's

operations;

(B) provide for payment of the City's general-obligation debt service;

(C) levy any tax, up to the maximum set by the Board of Estimate and Taxation,

necessary for those purposes; and

(D) tax the property in the City in an amount, without regard to the maximum set by

the Board of Estimate and Taxation, that will satisfy any judgment against the City.

5. Mayor Betsy Hodges has violated Chapter V, Section 8 of the Minneapolis City
 Charter by failing to submit a budget to the Minneapolis City Council and Board of

Estimate and Taxation that includes a statement of all proposed expenditures, the

revenue from all sources and a recommended five-year capital improvement

program.

6. The detailed budget is necessary for the Board of Estimate and Taxation to determine

what an appropriate property tax levy should be for the following year for the residents

of Minneapolis. The detailed budget is also necessary for the citizens of Minneapolis

to have appropriate input into whether they think the City is proposing an appropriate

level of services and an appropriate level of taxation to support those services

through public hearings. The Mayor has proposed a property tax levy but the data

needed to evaluate the appropriateness of this levy is not contained in the budget.

7. The maximum property tax levy must be set by September 30th by state statute

275.065. The Mayor has stated via email that she will provide a budget by

September 12th, the day before the public hearing to take comment on the proposed

property tax levy, which is September 13th. This means that an individual has only

one day to get the budget, read the budget (which is approximately an inch thick),

prepare comments on the budget, organize with other individuals, get time off work

and attend the public hearing.

WHEREFORE, plaintiff requests that this Court issue a Writ of Mandamus requiring

the Mayor to file the required budget with the Minneapolis City Council and the Board

of Estimate and Taxation immediately and that the budget the Mayor submits fully

comply with the requirements of the City Charter.

FURTHER, plaintiff requests that she be granted all of her attorneys fees, costs and
 disbursements for having to bring this action.

ACKNOWLEDGMENT

The undersigned hereby acknowledges that costs, disbursements, and reasonable

attorney and witness fees may be awarded to the opposing party pursuant to Minnesota
Statutes, Section 549.21, Subd. 2.

CAROL BECKER

Dated: August 21, 2014

Carol Becker
Attorney Pro Se
3201 48th Ave S
Minneapolis, Minnesota 55406
(612) 275-4437