WHEREAS, the State of Minnesota administers a biennial operating budget exceeding $60 billion in state and federal funds, and Minnesota residents who fund this operation currently have no real-time, public access to information about how, where, and to which vendors those funds are being disbursed;
WHEREAS, the Feeding Our Future fraud — in which federal prosecutors documented the theft of over $250 million from Minnesota-administered federal nutrition programs beginning as early as 2018 — occurred and persisted in part because no real-time visibility mechanism existed to flag anomalous spending patterns as they emerged;
WHEREAS, the Early Intensive Developmental and Behavioral Intervention (EIDBI) program grew from $1 million in state expenditures in fiscal year 2017 to $343 million by fiscal year 2024, a rate of growth unsupported by any corresponding increase in the eligible population, and no public accountability mechanism flagged this variance in real time;
WHEREAS, a housing assistance program projected at $2.6 million annually reached $104 million in expenditures by 2024 with no public variance reporting mechanism and no mandatory pre-contract review that would have disclosed the scope of commitments before they were executed;
WHEREAS, the State of Texas has operated a fully public, searchable fiscal transparency portal for every state expenditure since 2007 on the second-largest state budget in the country, demonstrating that comprehensive real-time fiscal transparency is operationally achievable at scale;
WHEREAS, the federal government has eliminated federal income tax liability on tips and overtime wages for qualifying workers, and Minnesota residents do not automatically benefit from this relief because the state has not conformed its administrative guidance, resulting in continued state tax liability on income the federal government has determined should be exempt;
WHEREAS, Minnesota's existing whistleblower protection framework under MN Stat. 181.932 provides statutory protection but lacks the structural presumption and intake infrastructure necessary to make reporting fraud a viable and protected act for state employees who witness it;
NOW THEREFORE, by virtue of the authority vested in me as Governor of the State of Minnesota under Minnesota Statutes 16A, 16C, 181.932, 13, and Article V, Section 3 of the Minnesota Constitution:
Now Therefore, I, Tom Berhane, Governor of the State of Minnesota, by virtue of the authority vested in me by the Constitution and laws of this State, do hereby order the following:
War Room Dashboard — Launch Within 180 Days
Minnesota Management and Budget is directed to design, build, and publicly launch a real-time fiscal transparency dashboard — designated the War Room — within 180 days of the effective date of this Order. The dashboard shall be accessible at warroom.mn.gov with no paywall and no login requirement. Every state expenditure over $10,000 shall be searchable by agency, vendor name, vendor tax identification number, contract number, dollar amount, date of expenditure, program purpose, and designation of state or federal funding source. All data shall be updated by 8:00 AM Central each business day. The operational model for the War Room is the Texas Comptroller's Transparency Portal, which has operated continuously since 2007. MMB shall publish a public development timeline within 30 days of this Order and provide monthly progress reports on the War Room dashboard itself as it is built.
Pre-Contract Sunlight — 10-Day Public Review
Effective upon launch of the War Room dashboard, all state contracts over $50,000 must be published on the dashboard for a mandatory 10-day public review period before execution. The published contract shall include the vendor's identity, full scope of services, total contract value, payment schedule, and funding source. No contract may be executed before the 10-day window closes. Any resident may submit a documented objection through the dashboard during the review period; the responsible agency must respond in writing within 5 business days. Exceptions to the 10-day requirement require the Governor's written authorization and are limited to documented emergency circumstances. The Office of the Governor shall publish all exception authorizations on the War Room dashboard within 5 business days of issuance. No exceptions are permanent or programmatic — each requires individual review.
Independent Fiscal Monitor — Appointed Outside Political Structures
There is hereby established the Office of the Independent Fiscal Monitor. The Monitor shall be appointed by a panel of three retired Minnesota Supreme Court justices, selected by their respective Chief Justice class year. The Monitor does not report to the Governor, does not report to the Legislature, and is not subject to removal by either branch except for cause as determined by the appointing panel. The Monitor serves a single fixed term of five years. The Monitor shall publish quarterly assessments of state spending against budget projections, with findings published directly to a dedicated public website — independent of editorial review by any state agency or office. Reports are published in full, without redaction, except where specific statutory confidentiality requirements apply to named individuals. The Office of the Independent Fiscal Monitor is funded through the Resident Solution Fund established under Directive 01.
Whistleblower Integrity Hub — Legal Presumption and Intake Protocol
The Office of Inspector General is directed to establish a dedicated Whistleblower Integrity Hub within 90 days of this Order, providing a secure intake portal accessible to all state employees. Any state employee who reports fraud, waste, or abuse through documented channels via the Hub is protected from adverse employment action under the following terms: in any employment proceeding initiated within 24 months of a protected disclosure, there shall be a legal presumption that the adverse action was retaliatory. The burden of proof shall shift to the employing agency to demonstrate the adverse action was unrelated to the disclosure. The OIG shall respond to every intake submission within 10 business days. Full Disclosure reporters who provide their name and position, and whose disclosures lead to confirmed fraud findings and physical recovery of state funds, are eligible for an Integrity Dividend of up to 10% of recovered funds, capped at $250,000 per disclosure. Dividends are disbursed only after confirmed fraud, successful prosecution where applicable, and physical recovery of funds by the state treasury.
Vendor Debarment Registry — Public and Real-Time
Minnesota Management and Budget shall establish and maintain a public Vendor Debarment Registry on the War Room dashboard. Any vendor debarred from state contracts due to fraud, material non-performance, or legal violations shall be listed on the registry within 5 business days of the debarment determination. The registry is searchable by vendor name, tax ID, and basis for debarment. Any state procurement system shall be configured to prevent the execution of contracts with listed vendors — the bar is systemic, not discretionary. MMB shall publish debarment criteria and the appeals process on the War Room dashboard. A vendor on the registry may petition for removal after the debarment period expires; the petition and MMB's determination shall both be published on the dashboard.
Federal Funds Parity — Closing the Feeding Our Future Gap
All federal pass-through funds administered by Minnesota state agencies are subject to identical War Room transparency requirements as state-appropriated funds. This includes but is not limited to Medicaid, nutrition assistance programs, housing assistance, and education grants. The absence of real-time visibility into federal pass-through funds was a documented structural condition that allowed the Feeding Our Future fraud to continue. That condition is closed by this Order effective upon the launch of the War Room dashboard. MMB shall coordinate with relevant agencies within 60 days to map all federal funding streams into the War Room data architecture.
Tips & Overtime Tax Relief — Administrative Conformity Within 60 Days
The Department of Revenue is directed to issue administrative guidance within 60 days of this Order conforming Minnesota's state tax treatment of tips and overtime wages to current federal exemptions eliminating federal income tax liability on qualifying tips and overtime. This conformity shall be implemented through administrative guidance and shall not require new legislative action. The Department shall publish plain-language guidance for employers and workers within 30 days of issuing administrative direction, and shall update withholding tables accordingly. The relief shall be effective for the current tax year to the maximum extent permitted by existing administrative authority. Minnesota workers who receive tips or overtime should not continue to pay state income tax on income the federal government has already determined they should keep. This is a worker benefit. It takes effect in 60 days.