July 2014 MML Review

The Official Publication of The Missouri Municipal League

TheMissouri Municipal

July 2014

Review

In This Issue: • Opening Prayer And The

Establishment Clause

• Bowling Green: Offering The Best Of Small-Town America

2014 MML Annual Conference Issue

2 / July 2014 The Missouri Municipal Review www.mocities.com

This information is for institutional investor use only, not for furtherdistribution to retail investors, and does not represent an offer to sellor a solicitation of an offer to buy or sell any fund or other security.Investors should consider the investment objectives, risks, chargesand expenses before investing in any of the Missouri SecuritiesInvestment Program’s portfolios. This and other information aboutthe Program’s portfolios is available in the Program’s currentInformation Statement, which should be read carefully beforeinvesting. A copy of the Information Statement may be obtained bycalling 1-877-MY-MOSIP or is available on the Program’s website atwww.mosip.org. While the MOSIP Liquid Series seeks to maintain astable net asset value of $1.00 per share and the MOSIP Termportfolio seeks to achieve a net asset value of $1.00 per share at thestated maturity, it is possible to lose money investing in the Program.An investment in the Program is not insured or guaranteed by theFederal Deposit Insurance Corporation or any other governmentagency. Shares of the Program’s portfolios are distributed by PFMFund Distributors, Inc., member Financial Industry RegulatoryAuthority (FINRA) (www.finra.org and Securities Investor ProtectionCorporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is awholly owned subsidiary of PFM Asset Management LLC.

Missouri Securities Investment Program

A Cash Management Program for School Districts, Counties, Municipalities

and Other Political Subdivisions

William T. Sullivan, Jr.Managing Director631-806-9470 cell

[email protected]

Maria AltomareManaging Director

1-800-891-7910 [email protected]

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 631461-800-891-7910

P.O. Box 11760 • Harrisburg, PA 17108-17601-877-MY-MOSIP

Registered Representatives

Adam GabrielSr. Managing Consultant1-800-891-7910 x3093

[email protected]

Barry BallouSr. Marketing Representative

[email protected]

Administered by: PFM Asset Management LLC

Sponsored by:Missouri School Boards Association • Missouri Association of School Administrators

Missouri Association of School Business Officials • Missouri Association of Counties • Missouri Municipal League

The MissouriSecuritiesInvestment Program(“MOSIP”) is a comprehensive cashmanagement program for schooldistricts, counties, municipalities, andother political subdivisions. MOSIPwas created in 1991 by the MissouriSchool Boards Association.

MOSIP offers its investors aprofessionally managed portfolio withcompetitive money market rates.MOSIP stresses maintaining safety,liquidity and yield as the primaryinvestment objectives.

CONTENTS

DEPARTMENTS

President

Councilmember Jan MarcasonKansas City

Vice PresidentMayor Bill Kolas

Higginsville e

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS

Ruth Baker, City Clerk, Manchester; David Bower, Mayor, Raytown; Conrad Bowers, Mayor, Bridgeton; Roger Haynes, Deputy City Manager, Mexico; Bill Johnson, Director of Administration, Fulton; David Kater, Mayor, Desloge; Patrick Kelly, Mayor, Brentwood; Donald Krank, Councilmember, Black Jack; Paul Martin, Attorney, Olivette; *Norman McCourt, Mayor, Black Jack; *Ron Monnig, Councilmember, Slater; Raeanne Presley, Mayor, Branson; John “Rocky” Reitmeyer, Alderman, S t . Peters ; Randal l Rhoads , Mayor, Lee's Summit; Matthew G. Robinson, Mayor, Hazelwood; Frank Roland, Mayor, Hillsboro; Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Tom Short, City Administrator, Carthage; Robert Stephens, Mayor, Springfield; *Gerry Welch, Mayor, Webster Groves; *Kevin Wood, Mayor, Harrisonville.*Past President e

AFFILIATE GROUPS: Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs.

Laura Holloway, EditorContributing Editors: Dan Ross and Richard Sheets

Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109.To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at [email protected]. The League’s Website address is: www.mocities.com.

www.mocities.com The Missouri Municipal Review May 2014 /3

Review VOLUME 79, NO.4

Missouri MunicipalThe

July 2014

The Official Publication of The Missouri Municipal League

26 A Day In The Life: Missouri City Clerks

28 Professional Directory

29 News From The Bench

34 Events/MemberAccomplishments/Classifieds

5 OpeningPrayerAndTheEstablishmentClause by Pam Fellin

8 80th MML Annual Conference Brochure• Conference Overview• NominatingProcedures• Registration Information• TentativeAgenda

18 MunicipalAdvisor?What'sThat,AndWhyShouldI Care? by Nathan R. Howard

20 BowlingGreen:OfferingTheBestOfSmall TownMid-America by Dan R. Lang

23 MML2014LegislativeWrapUp by Richard Sheets


Beautifying Missouri Since 1965Wherever you walk, park or play – McConnell & Associates is the region’s first choice for pavement maintenance and sports surfaces. One Call Does it All Kansas City(800) 779-6066 St. Louis(888) 962-9247 Pevely(636) 475-7733 www.McConnellAssociates.org

Restore and protect your paved surfaces with the leader in pavement maintenance services.

Installation and maintenance of superior indoor and outdoor sport surfaces.

MAC 52, MAC Pro-Blend and MAC Micro-Pave quality sealers double the life of your asphalt surfaces.

MAC14-009 MML Ad.indd 2 6/26/14 3:26 PM

www.mocities.com The Missouri Municipal Review July 2014 / 5

Mo s t p e o p l e at least k n o w

of the concept o f the constitutional separation of church and state, so from time to time, we field questions from our clients regarding the use of prayer during board or council meetings. Fortunately, we now have a recent United States Supreme Court decision that offers new guidance establishing parameters for prayers that will survive a constitutional challenge.

As is true with most issues people feel strongly about, there is no shortage of opinion and commentary related to the May 5, 2014, U.S. Supreme Court opinion that upheld the practice of legislative prayer in Town of Greece, New York v. Galloway in a 5-4 split decision. This article is intended to provide a snapshot of the Supreme Court’s opinion to help guide municipalities in understanding the impact of the Court’s ruling and to create a practical framework to consider when prayers are a component of public meetings.

Simply stated, the opinion of the Court reads:

“The Town of Greece does not violate the First Amendment by opening its meetings with prayer that comports with our tradition and does not coerce participation by nonadherents.”

Town of Greece

In 1999 , Greece , New York , established a practice of opening the monthly town board meetings with a roll call, the Pledge of Allegiance and a prayer. This practice was challenged by Susan Galloway and Linda Stephens, two local citizens who attended and actively participated in the town

board meetings. Prior to the legal challenge, Galloway complained to the board that she found the prayers “offensive,” “intolerable,” and an affront to a “diverse community,” and both Galloway and Stephens complained that “Christian themes” were ever-present to the exclusion of those with differing religious beliefs.1 The board heard the complaints and “the Town invited a Jewish layman and the chairman of the local Baha’i temple to deliver prayers.” In addition, “a Wiccan priestess who had read press reports about the prayer controversy requested and was granted an opportunity to give the invocation.”2 In their legal challenge, Galloway and Stephens alleged the Town violated the First Amendment’s Establishment Clause by preferring Christian prayers over others and by sponsoring sectarian prayers. As clarification, the Establishment Clause is the first pronouncement of the First Amendment to the United States Constitution which states “Congress shal l make no law respect ing an establishment of religion … ” U.S. Const. Amend. I.

Galloway and Stephens requested an injunction to limit the prayer to an “inclusive and ecumenical prayer that referred only to a generic God.”3 The

district court upheld the Town’s practice of prayer finding no violation of the F i rs t Amendment because the Town did not exclude any religions from participating in the prayer program. The dis tr ic t c o u r t a c k n o w l e d g e d m o s t p r a y e r s w e r e given by Christians in the town meetings, but opined this was due to the demographics of the community and not “an official policy or practice of discriminating against

minority faiths.”4 Furthermore, the District Court relied, at least in part, on the opinion set forth in Marsh v. Chambers that “permitted prayer in state legislatures by a chaplain paid from the public purse, so long as the prayer opportunity was not ‘exploited to proselytize or advance any one, or to disparage any other faith or belief.’”5 In other words, the prayer should not attempt to convert citizens to a particular religion, and the prayer should not criticize any other faith or belief.

Galloway and Stephens appealed, and the United States Court of Appeals for the Second Circuit reversed the district court’s holding based upon the premise that a “reasonable observer” may view the prayer as a validation of Christianity. The Second Circuit opined that “the Town’s failure to promote the prayer opportunity to the public, or to invite ministers from congregations outside the town limits” essentially lead to a preference of the “Christian viewpoint.”6 The Second Circuit went on to say that an invitation to pray at a town meeting may put citizens in an “awkward position”7 by encouraging their participation in a belief system differing from their own or having the appearance of disrespect if they chose not to participate.

OPENING PRAYER AND THE ESTABLISHMENT CLAUSE

by Pam Fellin


Feeling loSt?let Joe lauber be your guiDe.Available to serve as city attorney or as special counsel for specific projects.

816-525-7881 [email protected]

The choice of a lawyer is an important decision and should not be based solely on advertisements.

A s m e n t i o n e d p r e v i o u s l y , however, the United States Supreme Court reversed the Second Circuit’s decision and invalidated the Second Circuit’s analysis that conceivably would have required public notice of a prayer opportunity and invitations to ministers in surrounding communities. In doing so, the Court spent a considerable amount of time laying the groundwork of its opinion discussing the Marsh decision. In particular, the Court explored the historical significance of the Establishment Clause, stating that Marsh stands for the proposition that “it is not necessary to define the precise boundary of the Establishment Clause where history shows that the specific practice is permitted”8 and the Establishment Clause “must be interpreted by reference to historical practices and understandings.”9

HisTory And PurPose of LeGisLATive PrAyer

History and tradition should not be overlooked when considering a prayer program in light of the fact that the Court spent so much effort explaining the significance throughout the Greece opinion.

The practice of legislative prayer began with the First Congress and one of the earliest items of business was “to appoint and pay official chaplains.”10

Congress has continued this practice from that point forward. This tradition

“assumes that adult citizens, firm in their own beliefs, can tolerate and perhaps appreciate a ceremonial prayer delivered by a person of a different faith”11 and promotes unity of multiple faiths in furtherance of a tolerant and diverse community. The Supreme Court opinion also points to legislative prayer in setting the stage for conducting public business by creating a sense of

solemnity, reminding the lawmakers to set aside their differences, and encouraging the lawmakers to seek “a common aspiration to a just and peaceful society.”12 The Court suggests that it is not the public, but rather the lawmakers who may benefit from taking a moment of quiet reflection before turning their attention to the sometimes difficult task

of governing. The Court also notes that legislative prayer is valuable in the sense that it creates an opportunity for the board to publicly acknowledge the presence and contributions of religion in the community. Many religious organizations offer social services to community members regardless of their beliefs or affiliation.

The history lesson by the Court reminds lawmakers and the public that our founding fathers promoted the concepts of tolerance and diversity with the expectation that policymakers focus on the task of governing with a clear perspective for the benefit of the community as a whole.

THe firsT AmendmenT And coercion

So, you might be asking yourself, what does the First Amendment allow or prohibit in the context of a prayer program?

The First Amendment declares that “government may not coerce the citizens to support or participate in any rel igion or i ts exercise.”13

Considering this, the Supreme Court was “not persuaded that the town of Greece, through the act of monthly meetings, compelled its citizens to engage in a religious observance.”14

The Court notes, however, that the “the analysis would be different if the town board members directed the public to participate in the prayers, singled out dissidents for opprobrium, or indicated that their decisions might be influenced by a person’s acquiescence in the prayer opportunity.”15 This statement supports Justice Thomas’ concurring opinion, which simply states that “actual legal coercion” is the threshold that may move the municipality over the line and “peer pressure” does not constitute coercion.16

The Court also notes “the First Amendment is not a majority rule, and government may not seek to define permissible categories of religious speech. Once it invites prayer into the public sphere, government must permit a prayer giver to address his or her own God or gods as conscience dictates, unfettered by what an administrator or judge consider to be nonsectarian.”17 It also is suggested that an attempt to monitor the prayers by the municipality reviewing or approving them prior to the meeting or requiring redaction of Christian-specific language moves a municipality closer to crossing the line of establishment of religion.

"The history lesson by the Court reminds lawmakers and the public that our founding fathers promoted the concepts of tolerance and diversity with the expectation that policymakers focus on the task of governing with a clear perspective for the benefit of the community as a whole."


The lesson to be learned with the First Amendment analysis by the Court is that policymaker’s should take a “hands off” approach in their prayer program to avoid blurring the line between ceremony and coercion. Even if the prayer practice is held prior to the opening of the business portion of the meeting, it may be best to follow the practice of federal and state legislatures and invite clergy, of any and all faiths, to offer the prayer.

consTrAinTs

The Court is careful to note that the ruling in Greece does not mean that the Establishment Clause has no constraints. Again emphasizing the significance of tradition and history, the Court establishes that “the relevant constraint derives from its place at the opening of legislative sessions, where it is meant to lend gravity to the occasion and reflect values long part of the Nation’s heritage. Prayer that is solemn and respectful in tone, that invites lawmakers to reflect upon shared ideals and common ends before they embark on the fractious business of governing serves that legitimate function.”18 In other words, prayer should be initiated at the beginning or prior to the meeting to serve the purpose of putting lawmakers in the right frame of mind to conduct business on behalf of the community.

Key fAcTors of PrAyer ProGrAms

So, what does this all mean? The Supreme Court opinion outlines several factors throughout the ruling that should be considered when establishing or continuing legislative prayer. Here are a few considerations to make as you take a moment to reflect on prayers in your government meeting:

• Timing. The Court emphasized the significance of when in the meeting the prayer takes place. In the town of Greece, the prayer took place at the beginning of the meeting in what was described as the ceremonial session when the board was not engaged in policymaking but rather in more general functions such as recognizing members of the community.

• Conversion. The purpose of the prayer should promote quiet reflection of the lawmakers rather than attempt to convert or gain new followers.

• Coercion. There should be no

action taken against those who choose not to participate in the prayer , and the lawmakers’ decision on any given issue should not be influenced by whether or not a group or individual is a prayer participant.

• Prayer Giver. It may be wise to rethink the process of having the mayor or board members offer the prayer even if it is done prior to the policymaking session. The Supreme Court distinctly and repeatedly referred to the historical practice of employing chaplains.

• Choice of Clergy. Choice of c lergy should represent the demographics of the community as close as possible, but there is no requirement to go outside the boundaries of the city to create a more diverse pool of prayer givers.

• Review of Prayer. No prior review and/or approval of the prayer should be required by the governing body.

concLusion Clearly this remains a contentious

issue due to the emotional connections individuals have with their faith. Putting this guidance to use can give you peace in determining if your government meeting prayers would pass constitutional muster.

OUR PASSION FOR WATER IS REFLECTED IN ALL WE DO.

WATER OUR FOCUSOUR BUSINESSOUR PASSION

1.800.523.5826 | carollo.com

In 80 years, a lot has changed. Our single-minded passion for water has not, and remains as meaningful today as it was eight decades ago. And that will never change.

ReviewMag_JULY_ReflectionsAd_4.75x3.75.indd 1 6/24/14 1:36 PM

Pam Fellin, an Associate Attorney with Lauber Municipal Law, LLC, in Lee’s Summit, is the Assistant City Attorney of six Missouri cities. Pam formerly worked as the Acting Chief Deputy County Counselor of Jackson County, Missouri, and has extensive complex contract experience through former corporate positions. Pam is an active member of MML and the Missouri Municipal Attorneys Association. She can be reached at 816-525-7881 or [email protected].

1 Town of Greece v. Galloway, __U.S.__ (2014) (S.C. #12-696)

2 Id. at 3 (quoting Complaint in No. 08-cv-6088 (WDNY), ¶66).

3 Id. at 4.4 Id. 5 Id. (quoting Marsh v. Chambers,

463 U.S. 783 (1983)).6 Id. at 5.7 Id. at 6.8 Id. at 8 (quoting County of

Allegheny, 492 U.S. 670).9 Id.10 Id. at 7 (quoting Marsh).11 Id. at 16.12 Id. at 6 (quoting Lynch v.

Donnelly, 465 U.S. 668 (1984).13 Id. at 18 (quoting County of

Allegheny).14 Id. at 19.15 Id. at 20.16 Id. (opinion of Thomas, J.)17 Id. at 14.18 Id.


T he 80th MML Annual Conference will be held Sept. 14-17, 2014, at the St. Charles Convention

Center in St. Charles, Mo. The Conference provides a fantastic opportunity to meet and discuss common issues and solutions with your counterparts from across the state. Numerous workshops and sessions will keep you abreast of the issues affecting your city. Topics this year include: IT security, energy efficiency, telecom regulation, Sunshine Law, the Affordable Care Act and much more.

On Tuesday, the General Session/Business Meeting speaker will be Brian Shul. Brian will share his inspiring story of flying a SR-71 Blackbird and surviv-ing a jet crash during the Vietnam War.

conference reGisTrATion And HoTeL reservATions

All registrations must be made online. The process is simple to do and multiple registrations can be made in one transaction. You will be given two payment options: 1) to pay by credit card, or 2) if paying by check, a “Bill Me” option that will generate an invoice for you to print/process your payment. Online conference registration is lo-cated on the League’s website at www.mocities.com.

The St. Charles Convention and Visitors Bureau is in charge of assign-ing all rooms for the Conference. The room block will open July 1, 2014. All attendees must use the housing link provided by the St. Charles CVB on the MML website at www.mocites.com. Attendees may select from a number of

hotels listed on the housing link. A conference brochure is included

in this issue of The Review with details about the conference agenda, special events and the St. Charles CVB Hous-ing Form.

Business session

A very important activity during the Conference is defining statewide municipal issues and developing practi-cal solutions through the resolutions/policy-making process. It is important that each municipal official become involved in developing the “2014-2015 Missouri Municipal Policy,” so views can be heard from municipal officials throughout the state. Official voting on the municipal policy and election of officers and board of directors will occur during the business session at the Conference on Tuesday.

resoLuTions commiTTee

The 2014 Resolutions Committee of the Missouri Municipal League will meet prior to the Conference on July 29 to consider the recommendations of the four separate policy committees. The report of the Resolutions Commit-tee will be made to the delegates at the business meeting during the Confer-ence. Any municipal official desiring to have a specific topic considered should submit a proposed resolution to League headquarters as soon as possible. Any resolutions brought directly to the An-nual Conference must be submitted 24 hours before the annual business meeting with copies (200) provided to the League’s president, the resolution’s chair and the executive director.

The statements recommended by the Resolutions Committee and ap-proved by official vote of the League’s membership will become the “Mu-nicipal Policy Statement” for 2014-2015. This policy will provide the guidelines for the legislative program of the League, and direct the activities of the League’s staff during the 2015 session of the General Assembly.

Mayor Matthew Robinson of Hazelwood has been appointed chair-man of the Resolutions Committee for 2014. Other members are: Mayor Dale Bagley of Macon, Alderman Donna Baringer of St. Louis, Loss Control and Member Services Director Patrick Bon-not of MIRMA, Mayor David Bower of Raytown, Mayor Conrad Bowers of Bridgeton, Alderman Shane Cohn of St. Louis, Executive Director Tim Fisch-esser of St. Louis County Municipal League, Mayor Barry Glantz of Creve Coeur, City Administrator J.T. Hardy of Sullivan, Alderman Christine Ingras-sia of St. Louis, Mayor Leonard Jones of Grandview, Mayor Patrick Kelly of Brentwood, Mayor Bill Kolas of Hig-ginsville, Mayor Norman McCourt of Black Jack, Mayor Robert McDavid of Columbia, Mayor Arthur McDonnell of Kirkwood, Counselor Terry McVey of Kennett, Councilmember Steve Moore of Fulton, Executive Director Jan Neitzert of Missouri Park and Rec-reation Association, Mayor Raeanne Presley of Branson, Mayor Kathleen Rose of Riverside, Councilmember Debi Salberg of Webster Groves, Mayor Mike Schneider of Overland, Councilmember Arthur Sharpe, Jr., of University City, Councilmember Gary Shaw of Joplin, Councilmember Scott

COME CELEBRATE 80 YEARS UNITED! MML 80TH ANNUAL CONFERENCE


With PeopleService, it’s more than just the full-range of water and wastewater

services we provide. It’s also the attentive and skillful way our services are

delivered to your community.

For more than 25 years, PeopleService has been dutifully serving people and their

communities. It’s a responsibility we take very seriously, and our attention to detail

has a ripple effect throughout every community we serve.

We’re PeopleService, Inc., one of the Midwest’s leading providers of municipal water

and wastewater operations and management. You can depend on us.

877-774-4311

peopleservice.com

Service You Can Depend On. People You Trust.

Wagner of Kansas City, Mayor David Willson of Manchester, and Mayor Kevin Wood of Harrisonville.

Conference Highlights And En-tertainment

In addition to the regular educa-tional sessions, several special events are planned for conference delegates.

Sunday, Sept. 14, MML will host the 2014 MML Third Annual Scholar-ship Golf Outing. This event requires separate registration.

Also on Sunday, 1-3 p.m., MML will host a Pre-Conference Workshop. Dr. Mike Mowery of Strategic Gov-ernment Resources will present on “Overcoming the Five Dysfunctions of a Team.”(Cost $45)

On Sunday evening from 6-7:30 p.m., there will be a Grand Opening Reception in the Exhibit Hall that will provide an opportunity to meet the Missouri Municipal League’s board and staff, as well as visit the numer-ous vendors exhibiting at this year’s Conference.

The Exhibit Hall will feature more than 125 firms, offering the latest prod-ucts and services tailored to municipal needs.

On Monday evening, Sept. 15, the City of St. Charles is hosting an event called “Illumination” celebrating 100 years of St. Charles Parks and Recre-ation. St. Charles welcomes Missouri Municipal League to this event. There will be a shuttle service beginning at 5 p.m. to Frontier Park from the Conven-tion Center. Delegates may enjoy food and beverage, live music, fireworks and much more. MML Attendees will have a VIP section under a tent with tables and chairs. A complimentary dessert station will be located under the tent. Everyone will be given two drink tokens for beer or wine. Attendees are responsible for any food purchased from the food trucks.

Affiliate Group FunctionsAs they have for many years, the

League’s affiliate groups have sched-uled meetings and sponsored sessions in conjunction with the Annual Confer-ence.

The City Clerks and Finance Of-ficers Association (CCFOA) has sched-uled its Advanced Academy session from 9 a.m. – 4 p.m., Sunday, Sept. 14, “I.G.N.I.T.E. Productivity & Accelerate Results” (The Academy is open to all

conference attendees; registration is through the Management Development Institute at MSU. For registration or questions contact Belinda Davis at 417-836-6866 or [email protected].) Registration fee is $125 for CCFOA members and $155 for non-members. CCFOA also is sponsoring “Public Ser-vice is a Noble Calling” at 10:45 a.m. on Monday, Sept. 15. On Tuesday, Sept. 16 at 3:30 CCFOA is sponsoring a session on “The Power of a Purchasing Card.”

The Missouri Park and Recre-ation Association (MPRA) is sponsor-ing a session on Monday, Sept. 15, at 9 a.m. on “VISITMISSOURITRAILS.COM.”

The Government Finance Officers Association (GFOA) has scheduled a session on “Budgets Upside Down – Tired of Looking at Your Budget the Same Old way?” at 9 a.m., on Monday, Sept. 15.

The Missouri City/County Man-agers Association is sponsoring a ses-sion – topic is TBA. Tuesday, Sept. 16 at 2 p.m.


MML NOMINATING PROCEDURES

T he governing body of the Missouri Municipal League consists of the President, Vice President, all Past Presidents who continue to hold elective office, 12 Board Members who are elected municipal officials and five Board Members who are appointed municipal officials. The Bylaws require there be at least one Board Member from each of the eight Missouri Congressional Districts, and no municipality can

be represented by more than one Board member (except officers and Past Presidents). Board Members are limited to not more than two consecutive full terms. Officers (President and Vice President) shall have served not less than one year on the Board.

At the Annual Conference, nominations for President, Vice President and Board Members are made by a Nominating Committee of not more than 11 municipal officials appointed by the President. The Committee holds an open session to explain the nominating procedures and to allow delegates to suggest names for nomination. The Committee then meets in executive session to prepare a slate of nominees. At least 24 hours before the Business Meeting, the Committee posts the slate of nominees. Within ten hours of the Business Meeting, other nominations may be made by petition signed by at least ten municipal officials representing at least ten municipalities. The petition provision provides an open process within which interested municipal officials may challenge the Committee’s nominees.

The Nominating Committee determines which members of the slate may be contested by the petition without jeopardy to the requirements of the Bylaws for the composition of the Board. The vote in any contested election is by written ballot, and each member city present has one vote.

The Board of Directors and membership have adopted an open and accessible nominating procedure. Municipal officials are encouraged to communicate suggestions to the Nominating Committee directly or through League headquarters. The Committee Members solicit input at the Annual Conference (where they are easily identified by ribbons) and at the open meeting of the Committee. Your MML nominating process is open and easy, but it is up to you to use it.

2014 Nominating Committee Chair: Mayor Norm McCourt, Black Jack, [email protected]


2014 MML Annual Conference, St. Charles Join Us September 14-17, 2014!

Pre-Conference Workshop: "Overcoming The Five Dysfuntions Of A Team." Strategic Government Resources speaker Dr. Mike Mowery will share why trust is such an important component for effective governance and how a strong level of trust enables council and staff to resolve difficult issues even when there is conflict. Mowery will cover the five challenges every team must overcome to be effective.

2014 MML Scholarship Golf Outing:Joins us for the MML Scholarship Golf Outing on Sunday, Sept. 14. The four-person scramble will be held at the Quarry at Crystal Springs in Maryland Heights, Mo. Proceeds benefit the scholarship program established by the MML Board of Directors to assist those employed in municipal governement with furthering their education. Separate registration required.

Town Hall Theater: Pull up a chair at the new Town Hall Theater, located just outside the Exhibit Hall entrance on Monday, Sept. 15. The Town Hall Theater allows you the opportunity to visit in-depth with the featured Town Hall presenters in an area set apart from the full exhibit floor. Check the schedule of featured exhibitors when you arrive and take this time to learn more about how they can enhance your city!

Exhibit Hall: Don't miss the Exhibit Hall, with more than 125 firms featuring the latest products and services tailored to municipal needs. Several special events will be held in the Exhibit Hall, including the Grand Opening Reception on Sunday evening and a coffee break, box lunch and snack party on Monday.

MML General Session: Brian ShulBrian Shul is one of the most popular and dynamic keynote speakers in America today. His compelling story of living fearlessly and embracing the opportunities each day resonates with men and woman of all ages. As an Air Force fighter pilot, Brian was shot down in the Vietnam War and severely burned in the ensuing crash.

Initially given up for dead, he was finally rescued and spent one year in hospitals, endured 15 surgeries and was told his flying days were over. Amazingly, Brian returned to active duty flying, and became one of only 93 men in history to fly the SR-71 spy plane, the fastest jet ever built. Brian masterfully uses his aviation slides and stories as a vehicle to tell a story of hope, overcoming obstacles and daring to dream. From lying near death in the jungles of Southeast Asia to flying the world’s fastest jet, Brian shares his amazing story in this most unforgettable one-of-a-kind presentation.


REGISTRATION: All registrations must be made online, regardless of payment option. For those who need to pay by check, please select the “Bill Me” option for your payment method. Once you have completed the registration process, you will be prompted to view/print your registration. Please print (2) two copies, one for you and one to submit with your payment.

FEES: $275 per person; includes Monday box lunch only. You will need to purchase other meals/event tickets when you register. This registration fee does not cover hotel registration. You must purchase all meals/events tickets at the time you register. Spouse/guest registration is complimentary; however, additional meal or event tickets for spouse/guest must be purchased at the time of registration. More information on the meals/events tickets below.

TICKET ADJUSTMENTS: All ticket adjustments must be made by Sept 5, 2014. Adjustments need to be emailed to Lori Noe at [email protected].

HOTEL RESERVATIONS: The St. Charles Convention and Visitors Bureau will be in charge of assigning all rooms for the Conference. All attendees must use the housing link provided by the St. Charles CVB, which can be found on the MML website www.mocities.com to make hotel reservations. Attendees may select from a number of hotels listed on the housing link.

CANCELLATIONS: Cancellations must be received by email to Lori Noe at [email protected] or faxed to 573-635-9009 to League headquarters prior to 5 p.m., Friday, Sept. 5, 2014, to be eligible for a full refund. A $40 cancellation fee will be charged on all cancellations received after Sept. 5, 2014. Officials who register for the Conference, who do not attend and do not cancel prior to the Sept. 5 deadline will be billed for the full conference registration and any ticketeditems purchased at registration.

Sunday, Sept. 14

Pre-Conference Workshop $45

Monday, Sept. 15

Complimentary Box Lunch (one per delegate) XX

Extra Box Lunch for Guest $17

Tuesday, Sept. 16

City Clerks/Finance Officers Association Breakfast $20

General Luncheon $22

Reception/Annual Banquet and Entertainment $45

Wednesday, Sept. 17

Buffet Breakfast $22

Please contact League headquarters at 573-635-9134 with any questions.

Missouri Municipal League, 1727 Southridge Drive, Jefferson City, MO 65109; Phone: 573-635-9134; Fax: 573-635-9009

August 14, 2014 Deadline for Hotel Reservations September 5, 2014 Deadline for Conference Cancellations (must be emailed to Lori Noe at [email protected])September 5, 2014 Deadline for any adjustments to your registration (must be emailed to Lori Noe at

[email protected])

Come Celebrate 80 Years United!MML 80th Annual Conference

September 14 – 17, 2014St. Charles Convention Center


2014 MML ANNUAL CONFERENCE TENTATIVE AGENDA

SUNDAY, SEPTEMBER 14, 20149:00 a.m. – 4:00 p.m. CCFOA ADVANCED ACADEMY -“I.G.N.I.T.E. Productivity & Accelerate Results”Are you ready to improve your productivity … significantly? This proven process examines the ways you work and identifies areas where you can implement productivity principles that leverage “Your Natural Productivity Style.” (The Academy is open to all conference attendees; registration is through the Management Development Institute at MSU. Contact Belinda Davis at 417-836-6866 or [email protected]. Registration fee is $125 CCFOA members and $155 non-members.)Speaker: Cathy Sexton, Productivity Expert and Coach

11:00 a.m. MML THIRD ANNUAL SCHOLARSHIP GOLF OUTING- The Quarry at Crystal Springs - Four person scramble. (1 Crystal Springs Quarry Drive, Maryland Heights, MO. Box lunch and drinks provided. Requires separate registration; cost: $95.)

12:00 p.m. REGISTRATION OPENS1:00 p.m. – 3:00 p.m. MML PRE-CONFERENCE WORKSHOP -“Overcoming The Five Dysfunctions Of A Team”(Cost $45, 2 credits MGI electives)In order to be most effective, every team must overcome these fivechallenges. If a team does not overcome them, it will become more and more dysfunctional. In his best-selling book, The Five Dysfunctions of a Team, Patrick Lencioni explains not only how these five dysfunctions build upon each other, but also, how to overcome them. Participants understand why trust is such an important component for effective governance and how a strong level of trust enables council and staff to resolve difficult issues even when there is conflict.Speaker: Dr. Mike Mowery, Strategic Government Resources

5:00 p.m. NOMINATING COMMITTEE6:00 p.m – 7:30 p.m. GRAND OPENING RECEPTION

MONDAY, SEPTEMBER 15, 20148:00 a.m. REGISTRATION 8:00 a.m. EXHIBITS OPEN

9:00 a.m. CONCURRENT SESSIONS MUNICIPAL GOVERNMENT 101: COUNCIL PROCEDURES (MGI)Session will cover the basics of municipal government. VISITMISSOURITRAILS.COM (Mo. Park and Recreation Association) LiDAR: DOING MORE, MUCH MORE, WITH LESS - Advances in Light Detection and Ranging (LiDAR) equipment and software are creating unprecedented opportunities for municipalities to get more done with less. BUDGETS UPSIDE DOWN: Tired Of Looking At Your Budget The Same Old Way? How About Turning It Upside Down? (MO-GFOA) -This session will introduce the audience to the concept of outcomes and how certain program budgeting decisions can be made based on what the community desires.

10:45 a.m. CONCURRENT SESSIONS MUNICIPAL GOVERNMENT 102: LEGAL ISSUES (MGI) - The speakers will discuss legal issues facing local government officials, including an analysis of frequent areas of liability and risk. INFORMATION SECURITY & DATA PRIVACY - Discussion of information security and data privacy issues/concerns, risks and recommendations. PERMITTED INVESTMENTS FOR LOCAL GOVERNMENTS PUBLIC SERVICE IS A NOBLE CALLING (MO-CCFOA)

12:00 p.m. BOX LUNCHEON - Exhibit Hall

1:15 p.m. CONCURRENT SESSIONS HUMAN RESOURCES: MAKING THE BEST DECISIONS (MGI) -How to make the best decisions in employment including how to effectively hire and terminate employees, day-to-day administration of personnel matters and being able to support the decisions that are made.

COST SAVINGS THROUGH ENERGY EFFICIENCY - This session will explore the opportunities and benefits of leveraging the energy savings,while sharing ideas on ways that can help start or expand energy-saving efforts. THE CHANGING ENVIRONMENT OF TELECOMMUNICATIONS -Panel will review the effects of new telecommunication legislation, litigation and what’s likely coming down the pike. GRAND DIAGRAM OF TIF - A timeline of how TIF operates, including the reverse process to address unanticipated change in circumstances requiring amendment of the plan.

2:30 p.m. CONCURRENT SESSIONS MISSOURI OPEN MEETINGS AND RECORDS ACT (MGI) - Let the sun shine in! An official from the Missouri Attorney General’s office will review what municipal officials need to know about the Sunshine Law. CULTURAL DIVERSITY IN YOUR MUNICIPALITY: AN ASSET OR A LIABILITY? - Emmanuel Ngomsi, Ph.D,. uses the best examples of successful diverse communities to highlight how to use diversity as an asset to make municipalities a harmonious place for residents and visitors, and more attractive to businesses. THE 15 CRITICAL COURT CASES EVERY MISSOURI MUNICIPAL OFFICIAL MUST KNOW - Survey of the 15 most important legal decisions to cities including: economic development, sovereign immunity, freedom of speech and religion, elections, ethics, appointment and removal, zoning, etc.

3:30 p.m. SNACK PARTY - Exhibit Hall

5:00 p.m. “ILLUMINATION” - The City of St. Charles welcomesthe Missouri Municipal League at Frontier Park - Live music and food.Shuttle service available.

TUESDAY, SEPTEMBER 16, 20147:30 a.m. REGISTRATION

9:00 a.m. GENERAL SESSION“The Other Side of the Rainbow” - Brian Shul, SR-72 Blackbird PilotBUSINESS MEETING/ADOPTION OF “2014-2015 MISSOURI MUNICIPAL POLICY”/ELECTION OF OFFICERS

12:00 p.m. AWARDS LUNCHEON “Federal Perspective” - Ralph Becker, First Vice President, National

League of Cities and Mayor, Salt Lake City, Utah

2:00 p.m. CONCURRENT SESSIONS WHAT IS DNR UP TO NOW? (MPUA) BASICS OF PLANNING AND ZONING (MGI) AFFORDABLE CARE ACT T.B.A. - MCMA Session

3:30 p.m. CONCURRENT SESSIONS PUBLIC WORKS CONTRACTING (MGI) WHAT THE JUDGES WANT TO TELL YOU - Panel of municipal judges will discuss the limits and appropriate roles of municipal courts. Panel will also discuss the recent hot button issues of red light cameras, Mack Creek II and the sheriff’s retirement fund. THE POWER OF A PURCHASING CARD (MO-CCFOA) COLLECTIVE BARGAINING

4:45 p.m. ADJOURN6:00 p.m. HOSPITALITY HOUR 7:00 p.m. ANNUAL BANQUETEntertainment: Ambassadors of Harmony

WEDNESDAY, SEPTEMBER 14, 20117:30 a.m. BREAKFAST BUFFET Address: “What To Expect On November Ballot Issues”- Jason Kander,Secretary of State (Invited)

CONFERENCE ADJOURNS

MGI* Denotes Municipal Governance Institute sessions that count towards the Certified Municipal Official certification.


A Special Thank You To MML's Annual Conference Sponsors!

General Session SponsorAmerican Fidelity Assurance Company

Tote Bag SponsorThe Bank of Missouri

Special Sponsors

Curtis, Heinz, Garrett & O’Keefe P.C.Gilmore & Bell, P.C.

Institute for Building Technology and SafetyMissouri American Water Company

Municode/Municipal CodePiper Jaffray & Co.

Unique Paving Materials Corp.VOYA Financial


illum nation100 Years of St. Charles Parks & Recreationi

The City of St. Charles w e l c o m e s

Missouri Municipal League 2014!

MONDAY, SEPTEMBER 15TH

F R O N T I E R PA R K

LIVE MUSIC!a t Jayc e e Sta g e

IrIe Sun: 5:30pm - 7:00pm

The FabulouS moTown revue

7:30pm - 9:00pm

To and From The ConvenT Ion CenTer, provIded by The GreaTer ST. CharleS Cvb

ShuTTle ServICe avaIlable

mml... IllumInaTInG

mml. . . I llum InaT InG The FuTure!

FOOD TRUCKS5:00p m - 8:00p m

FIREWORKS 9:00pm SponSored by:


MML’s Annual Scholarship Golf Outing is a popular event with Annual Conference attendees each year, in large part due to the hard work and dedication of coordinator Tony Russo.

As an experienced golfer and previous tournament participant, Russo saw opportunities where MML could improve the experience for participants and he approached MML about helping.

Russo now takes the lead each year with the tournament and has incorporated several e lements to contribute to the event’s growing success.

Improvements have included expanding the prizes offered, and giving some away with a random drawing in order to reward golfers of all skill levels.

“You don’t have to be a big golfer to win something nice,” said Russo.

As the tournament continued to grow, Russo saw an opportunity to incorporate a scholarship component, where MML could use funds raised to help students seeking to get involved with local government.

In 2012, MML was able to award

Tony Russo

one $500 scholarship. In 2013, funds allowed for two $500 scholarships.

As the event has continued to gain traction, Russo began adding the chance for outside firms to sponsor a golf hole. This has helped the scholarship component to grow.

Watch for more new ideas and opportunities as the annual MML Scholarship Golf Outing continues year to year.

When Russo is not organizing the tournament for MML members, he works with Cochran Engineering, working to establish and develop a new office for the company at the Lake of the Ozarks. Russo resides in St. Louis with his wife of 31 years, and they have two children.

For more information regarding the tournament or to register, visit www.mocities.com or call Tony Russo at 314-435-3779.

GOLFING FOR A GOOD CAUSE

2014 MML Third Annual Scholarship Golf OutingThe Quarry At Crystal Springs

1 Crystal Springs Quarry Drive, Maryland Heights, MO 63043 | (314) 514-0154

Sunday, September 14th| Registration @ 11:30am | Shot Gun @ 12:30 pm

GOLD LEVEL Scholarship sponsor, $500.00, includes:Hole signage, lunch, 4 drink tickets each, (4) mulligans and (4) golfers

SILVER LEVEL Scholarship sponsor, $400.00, includes:Lunch, 4 drink tickets each, (2) mulligans and (4) golfers

BRONZE LEVEL Scholarship sponsor, $95.00, includes:Lunch, 4 drinks tickets, (1) golfer

Additional mulligans and skins are available for purchase at the course.

DEADLINE - Sept. 1, 2014. Registrations are on a first-come, first-served basis and must be made online. There are two payment options available: 1) to pay by credit card, or 2) for those who want to pay by check, please select “Bill Me” for your payment method. Remember all golf must be prepaid by Sept 1. When you have completed the registration process, you can print an invoice to submit with your payment and one for your records. Please call Tony Russo @ (314-435-3779) with questions.


For 100+ years, HR Green has focused on business accountability through every step of the journey: design, construction, ownership and operation.

Learn more at HRGreen.com

16020 Swingley Ridge Road, Suite 205, St. Louis, MO 63017 | Phone 636.519.0990 | Toll Free 800.728.7805

Will You Be Tweeting At MML's Annual Conference?

Share the valuable information you will gather at MML's Annual Conference. Follow @MoCities for conference updates and be sure to share tweets with your followers.

Use the Conference hashtag

#MoCitiesMatter


As will be discussed more fully below, the Rules can be said to encompass anyone who provides

advice relating to municipal securities issuances, including those persons who traditionally referred to themselves as “Financial Advisors,” “Bond Advisors” and “Bond Consultants,” among others. The Rules also encompass persons who have not traditionally considered themselves to fall within one of the above-referenced categories, such as attorneys, engineers, certified public accountants, investment advisers, investment bankers and underwriters. Because of the Rules’ potential impact on a variety of market participants, it is important for municipal governments who are either thinking about or in the process of undertaking a municipal bond or note transaction to consider whether the person providing them with advice is appropriately registered and is providing such advice in a manner that is consistent with federal securities laws. In addition, municipalities should consider the differing roles that the various professionals play within the municipal market and the duties such professionals owe to their municipal entity clients.

wHAT is A municiPAL Advisor?Pursuant to the Act, a municipal

advisor is defined as any person who provides advice to a municipality regarding the issuance of municipal bonds and the investment of bond proceeds. A person who is deemed a municipal advisor owes its clients a fiduciary duty, that is, a municipal advisor must provide advice that is solely in its clients’ interest. In general, however, a person who merely provides “general information” would not be a municipal advisor because such person would not be providing “advice” under

MUNICIPAL ADVISOR? WHAT’S THAT, AND WHY SHOULD I CARE?

by Nathan R. Howard

the Rules. In addition, there are several other exceptions to the Rules that will allow individuals to provide “advice” without being deemed fiduciaries to municipalities or otherwise obligating such persons to act in the best interest of their municipal clients.

Of the var ious exempt ions , o b s e r v e r s a n t i c i p a t e t h a t t h e “Underwriter Exemption” will be one of the most utilized. Pursuant to the underwriter exemption, once a broker-dealer or investment banker is engaged as the municipality’s “underwriter,” that person will be permitted to provide advice similar to that of a municipal a d v i s o r , w i t h o u t b e i n g d e e m e d a municipal advisor. To utilize the underwriting exemption, many broker-dealers and investment bankers will begin providing engagement letters to prospective clients early on in the course of the parties’ relationship. It is further anticipated that these engagement letters will generally be non-binding, meaning that municipalities will have the ability to terminate the relationship at any time prior to the sale of bonds. However, the scope of the underwriter’s engagement must be limited to a particular transaction and cannot open-ended. Regardless, once a municipality executes an engagement letter or similar document evidencing an engagement, the broker-dealer will become an “underwriter” for purposes of the underwriter exemption. As the underwriter, a broker-dealer will be able to provide advice similar to that of a municipal advisor, including advice relating to the structure, timing and terms of a bond issuance, throughout the course of the transaction without being obligated to act in its client’s best interest.

I n a d d i t i o n , a p e r s o n m a y provide advice to a municipality if the municipality has engaged an

“Independent Registered Municipal Advisor” (IRMA) to provide advice in connection with the same matter upon which the third-party is seeking to advise (the IRMA Exemption). The municipal advisor’s independence, and status as an IRMA, is dependent upon the municipal advisor’s relationship with the person seeking to utilize the exemption. In this regard, to be independent the municipal advisor must not have been associated with the person relying on the exemption at any point during the immediately preceding two-year period. In addition, the municipal advisor must be appropriately registered with the SEC. Finally, the person wishing to utilize the IRMA Exemption must provide certain disclosures to the prospective client and receive an acknowledgement from that client specifying that it has engaged a municipal advisor and that it will be relying on the advice of that municipal advisor with respect to any information received from such person.

An exemption also is available for individuals who provide advice as part of a response to a Request for Proposals (RFP). The RFP must be conducted in a competitive manner in order for a person to be able to provide advice under this exemption. In this regard, the SEC has specifically stated that in order for the RFP to be considered competitive, it must be distributed to at least three firms.

F i n a l l y , t h e r e a r e l i m i t e d exemptions available for attorneys, cert i f ied publ ic accountants and engineers who wish to avoid being deemed municipal advisors. In general, the Rules do not consider these persons to be municipal advisors so long as they do not provide services that would otherwise cause them to be deemed municipal advisors, such as providing advice with respect to the issuance of bonds.

On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Act) was enacted. Among other things, the Act created a new group of regulated persons known as “Municipal Advisors.” In September 2013, more than three years after the Act was enacted, the Securities and Exchange Commission (SEC) adopted a series of rules primarily designed to clarify which persons are required to register as Municipal Advisors (Rules). The Rules became effective on July 1, 2014.1


wHAT does THis meAn for municiPALiTies?

A s n o t e d a b o v e , m u n i c i p a l advisors are obligated under the Act to serve as fiduciaries to their municipal entity clients and act in their clients’ best interest. However, many municipal governments have for a long time relied upon the advice of their broker, underwriter or investment banker (collectively, Underwriters) and have not traditionally utilized financial advisors. For these governments, neither the Act nor the Rules mandate the use of municipal advisors. In fact, the Act makes it clear that municipalities are in control of their bond transactions, and are able to utilize whatever service provider they choose, albeit within certain regulatory parameters. Regardless, so long as underwriters adhere to the Rules, and municipalities understand the risks involved in receiving advice from a non-fiduciary in an arm’s length commercial transaction, underwriters will be able to provide advice similar to that of their municipal advisor counterparts to their municipal clients.

In addition, the Rules, acting in conjunction with other applicable regulations, will require underwriters t o p r o v i d e d o c u m e n t a t i o n t o municipalities in connection with the non-fiduciary arm’s length nature of their relationship to such clients, as well as any documentation relative to an underwriter’s reliance on any particular municipal advisor exemption. This information will allow municipalities to make an informed decision about whether they should rely on such parties to provide advice. Similarly, municipal advisors will be required to disclose to their current and prospective clients any material conflicts of interest that they may have with respect to their ability to provide unbiased advice to such client or prospective client. This too will assist municipalities in assessing the prospective engagement of any particular municipal advisor.

Further , munic ipal advisors will be subject to rigorous regulatory compliance, licensing, and continuing education requirements for the first time. These requirements are likely to result in an increase in municipal

advisor competencies, and will provide municipal entities with the assurance that the municipal advisor they have engaged is sufficiently trained and has the capacity to provide the requested services.

In light of the foregoing, and based on statements from the SEC, as well as the recent Missouri State Auditor’s report on General Obligation Bond Sale Pricing, it is anticipated that those municipalities who utilize and rely on the advice of municipal advisors will achieve appreciable financial benefits for themselves and for their tax payers. In addition, it is anticipated that the numerous exemptions available to underwriters will allow municipalities not utilizing a municipal advisor to continue to receive services from their preferred professional.

Thus, within the municipal advisor community, the Rules are generally viewed as creating an environment in that municipalities will retain control of their bond issuance processes, while benefiting from the existence of the new regulations. Underwriters, however, generally have a less favorable view of the Rules, which is due, at least in part, to the fact that they will have to change

their business practices in order to avoid obtaining fiduciary duties. What impact the Rules will ultimately have on the municipal market is yet to be seen. However, we know that the municipal market has changed, the delineation of roles between municipal advisors and underwriters now are clearer than ever, and municipalities, if they so choose, will be able to obtain advice from municipal advisors who are federally mandated to act in their best interests.

For more information on the Act and the Rules, you can visit the Government Finance Officers Association’s Municipal Advisor Rule Resource Center at: GFOA.org. Or, if you would like information about municipal advisor firms in your area, visit: NAIPFA.com.

Nathan R. Howard is an attorney with the Affinity Law Group, LLC, based out of St. Louis, Mo. He is a nationally recognized expert in municipal advisor regulation and compliance. Mr. Howard also serves as general counsel and regulatory consultant to the National Association of Independent Public Finance Advisors, as well as numerous municipal advisor and investment advisor firms nationwide.

1 Subject to change. Reflects anticipated effective date as of the date of authorship.

Hochschild, Bloom & Company LLP Providing governmental Certified Public Accountants services to the midwest Consultants and Advisors since 1949

Chesterfield 636-532-9525 Washington 636-239-4785 hblcp.com


THe BeGinninG

Bowling Green is located in Pike County in northeastern Missouri . A United States Land Patent was issued to John W. Basye on December 23, 1818, a mere nine days after Pike County was established. Bowling Green was located “at the top of the hill” 400 feet above the surface of the Mississippi River, located 12 miles to the east. The principal interest in this location was the presence of a large spring, the only steady source of water in the immediate area.

As one might suspect, the name Bowling Green was given to the town by settlers that arrived from Bowling Green, Kentucky. The two communities were laid-out alike. The original town was 2,640 feet long and 1,237 feet wide. In 1823, Bowling Green was incorporated as a city. For many years agriculture was the chief enterprise, and is still a vibrant segment of the local economy to this day.

counTy seAT

The city of Bowling Green serves as the county seat for Pike County. The cornerstone for the present courthouse was laid on Sept. 13, 1917. It is the sixth courthouse erected in the County. Fire destroyed the fifth courthouse in October 1915.

After fire destroyed the fifth courthouse, the possibility of having two courthouses was considered, one in Bowling Green and the other in Louisiana. Voters supported this proposal during an election in 1915. However, the Missouri Supreme Court

BOWLING GREEN: OFFERING THE BEST OF SMALL TOWN MID-AMERICA

by Dan R. Lang

The city of Bowling Green is a fourth-class city with 5,300 residents located in northeastern Missouri. Incorporated in 1823, the community has a city administrator form of government with a mayor, six-member board of aldermen and professional staff. The government has its own police and fire departments, public works, building, parks and recreation, library and municipal airport.

declared the election to be invalid. When resubmitted to the voters, the present location in Bowling Green was chosen. Henry H. Hohenschild was selected as the architect for the new courthouse. The 85-foot square building was constructed of Bedford stone and gray Georgia granite. The building cost $100,000 to construct and is located on “The Square” in Bowling Green.

Two Governors And A sTATesmAn

The city of Bowling Green is no stranger to politics. Past residents of the community have included two governors and a statesman.

Gov. Robert Alexander Campbell was a Confederate Civil War veteran. He was elected to the Missouri Legislature in 1868, was lieutenant governor in 1880 and served as governor for a very brief period of time.

Gov. Elliott W. Major was the governor from 1913 to 1917. He was born in 1864 and was elected to both the state senate and as attorney general. In 1899, he was chosen as a member of the

commission appointed to revise the Missouri Statutes. He was elected governor in 1912 by the largest plurality ever given to a candidate for that office.

Perhaps the most famous c i t izen of Bowling Green is Champ Clark. Champ Clark was born March 7, 1850. He served as a member of ongress for many years. Champ Clark presided as speaker of the house of representatives from 1911 to 1919. Most notably, at the Democratic National Convention in 1912, Clark led on 27 ballots for the nomination as their candidate for president. He had a clear

majority on nine ballots prior to the final naming of Woodrow Wilson. The two-thirds rule of the convention in place at the time prevented Clark’s nomination. Champ Clark died in March 1921 and is buried in the Bowling Green Cemetery.

In American political history, Martin Van Buren was the only other person who failed in the Democratic nomination for the presidency after having received a majority of the votes at the national convention. His home in Bowling Green has been preserved as a designated National Historic Landmark. The house is open for tours during the summer months at a minimal cost to the public.

eArLy commerce

As previously mentioned, the early commerce in the area was primarily agr icul tura l . To get agr icul tura l products to market, a shortline railroad was constructed in 1882. The railroad extended for about 30 miles from


We can solve every problem

on this list.Canoe?

As water and wastewater problems grow, more and more of our local communities arerealizing that they may be up that famous creek:

capital improvement projectstechnical challenges shortages of licensed personnel government regulationsrevenue shortfalls.

Missouri’s own AllianceWater Resources is anational leader in solvingexactly these problems.When you’re up theproverbial creek, call (573) 874-8080 or visitwww.alliancewater.com

View Project Profiles at www.alliancewater.com

Bowling Green to near the city of Wentzville in St. Charles County. The rail connected Pike County to the St. Louis and Keokuk Railroad. Although the rail line is no longer present, the original depot still remains.

TrAnsPorTATion

The city of Bowling Green is located at the intersect ion of US Highway 54 and US Highway 61. Highway 61, known as the Avenue of Saints, connects St. Louis with St. Paul, Minn. This major transportation route provides direct access to and from Bowling Green to other transportation routes located throughout the region.

The Bowling Green Municipal Airport is located 85 miles north of downtown St . Louis . The airport has one asphalt runway, Runway 13-31, which is 3,204 feet in length. Common activities at the airport include corporate flying, emergency medical evacuation, and recreational flying. Life Flight Eagle, an emergency medical transportation provider, utilizes the airport to transport critically ill patients to necessary medical facilities. Total economic output for the airport has been estimated at $1.2 million.

wATer/sewer sysTem

The city of Bowling Green has a potable water system that consists of two raw-water reservoirs, eight wells, two raw water pumps and transmission mains, a treatment plant, three high-service pumps, three elevated storage tanks, a ground storage tank and a distribution system that consists of a combination of older cast iron mains and newer PVC mains.

In addition to producing its own water, the City also receives water from the Clarence Cannon Wholesale Water

Commission. The Commission extracts its raw water from Mark Twain Lake. A combination of these two water sources allows adequate water production capacity for future growth. Alliance Water Resources, Inc. operates and manages the City’s water system.

T h e s a n i t a r y s e w e r s y s t e m consists of gravity collection mains and manholes, seven lift stations and related force mains, and a wastewater treatment facility with a capacity to treat 0.85 million gallons per day.

The wastewater treatment plant was built around 1998. The plant is an extended air plant with two aeration basins, two clarifiers and two sludge

basins. Currently, the wastewater treatment plant treats an average of 0.50 million gallons per day.

mAjor emPLoyers T h e l a r g e s t e m p l o y e r s i n

the community are the Northeast C o r r e c t i o n a l C e n t e r a n d T r u e M a n u f a c t u r i n g . T h e N o r t h e a s t Correctional Center is a minimum/medium security institution. The facility was constructed in 1998 and includes 11 housing units. The institution contains around 2,100 offenders and employs almost 600 personnel.

For more than 65 years, True Manufacturing has been an industry


leader in refrigeration products. These products are used in commercial and residential applications, and by beverage distributors and bottlers. The products include traditional reach-ins, food-prep tables, milk coolers, glass door merchandisers, horizontal freezers and display cases. True Manufacturing ships its products around the world. The Bowling Green facility was expanded in 2011 to 400,000 square feet. The plant employs more than 300 persons.

noTABLe Businesses Two of the most notable businesses

in Bowling Green are Bankhead’s Chocolates and Woods Smoked Meats.

Bowling Green is home to its very own chocolate factory! Visitors come from near and far to taste-test the confections made at Bankhead’s Chocolates. The chocolate factory is family-owned with four generations helping to hand-dip each piece of chocolate.

Woods Smoked Meats has been in the smoked meat business for more than 60 years. Their “Sweet Betsy From Pike” brand of smoked meats has won more than 500 state, national and international awards. The log-cabin store allows you to see and smell the smoked meats in their meat display case and see first hand their quality meats, barbeque sauces and spices.

AmisH communiTy

One of the more unique features of the Bowling Green area is the presence of an Amish community. The local Amish are comprised of approximately 60 families. There are a number of local Amish businesses that make and sell various products. These products include custom woodworking, furniture, rugs, horse-drawn farm equipment, fabric and various food items.

It is not unusual to see Amish buggies around the community. A number of businesses provide hitching posts. The local Walmart features a shed specifically designed for the Amish to park their buggies. It is the only Walmart Amish horse shed in the country!

cuLTure

O n e o f t h e c u l t u r a l a s s e t s accessible to community residents is the Saint Louis University Lay Center for Education and the Arts, and Henry Lay Sculpture Park. This facility is

a 350-acre property located between Bowling Green and the neighboring community of Louisiana.

The Henry Lay Sculpture Park consists of 20 acres with a path that takes guests on a 40-minute walk through a working Maple Grove, past the historic McElwee Cemetery and through a variety of sculpture pieces. This free facility features a separate walking trail though the woods, open fields and along two lakes highlighted with signage identifying various flora and fauna.

PArKs And recreATion

A parks and recreation department was recently established to expand the parks and recreational opportunities for local residents. The City has four parks totaling more than 600 acres. The parks include the Bowling Green Conservation Area, City Park, 15th Street Park and the Cancer Memorial Park.

Another park, Tourism Park, is owned and maintained by the Bowling Green Convention and Visitors Bureau.

A “ S y s t e m W i d e P a r k s and Recreation Master Plan” was completed in 2012. The Master Plan provided a comprehensive analysis

and recommendat ions for future development.

Future park projects during 2014 include the addition of primitive camp sites, a sand volleyball court, fitness stations and walking path lighting. Each of the parks offer specific recreational elements to enhance the experience of community patrons.

THe fuTure

G u i d e d b y i t s a d o p t e d comprehensive plan, the future of the city of Bowling Green holds much promise. A combination of direct access to major transportation routes, coupled with a hard-working labor pool with small-town values suggest a bright future for the community. These factors, and others, combine to truly make Bowling Green one of the best examples of small town Mid-America.

Dan Lang has spent the last 37 years involved with local government, both as a public city staff employee and as a private consultant. He has worked as a city staff employee for the cities of Lake Saint Louis, St. Peters and St. Charles. He is presently city administrator for the city of Bowling Green. Lang has received seven Excellence in Planning awards for various projects and served for five years as chapter president for the Missouri Chapter of the American Planning Association.

Above: Bowling Green has four parks totaling more than 600 acres.

Right: The local Walmart features a shed specifically designed for the Amish in the community to park their buggies.


T he 2014 legislative session began with a flurry of activity as leadership in both the House and Senate

pushed to re-enact the 2013 wireless communication legislation that was held to be invalid by the courts. After several very contentious committee hearings, where municipal officials from across the state testified that deregulation of the wireless industry was unnecessary and potential ly harmful to Missouri communities, the General Assembly hastily re-adopted most of the 2013 wireless legislation that was thrown out.

Once the wireless legislation was Truly Agreed To and Finally Passed, the House and Senate settled down to work on the budget and proceeded with deliberations on the other 1,800 bills that had been filed. Many of the remaining bills had a direct impact on municipalities. Due to the many contacts made by municipal officials to their legislators, the League was successful in removing a municipal sales tax exemption for the utilities and equipment used in the preparation of food from HB 1865. The League also was successful in preventing the passage of SB 843 that would have imposed new onerous and unclear Open Meetings and Records Law provisions. The legislature also failed to pass legislation to prohibit breed-specific dog ordinances (HB 1116 and SB 865) and to prohibit the use of red light traffic enforcement cameras (HB 1976). However, legislation that would have clarified the law regarding the use of red light traffic enforcement cameras (HB 1557) did not pass. Missouri Municipal League staff will review all

MIRMAMMiissssoouurrii IInntteerrggoovveerrnnmmeennttaall RRiisskkMMaannaaggeemmeenntt AAssssoocciiaattiioonnPPhhoonnee:: 557733..881177..22555544WWeebb:: wwwwww..mmiirrmmaa..oorrggMMiissssoouurrii’’ss FFiirrsstt MMuunniicciippaall SSeellff IInnssuurraannccee PPooooll

BBEENNEEFFIITTSS::OOnnee ccoommpprreehheennssiivvee ppaacckkaaggee!!PPrrooaaccttiivvee lloossss pprreevveennttiioonn ttrraaiinniinnggOOnn--ssiittee ssaaffeettyy ttrraaiinniinnggAAnnnnuuaall ppoolliiccee ffiirreeaarrmmss ttrraaiinniinnggRRiisskk MMaannaaggeemmeenntt GGrraanntt PPrrooggrraammAAqquuaattiicc aauuddiitt rreeiimmbbuurrsseemmeennttPPoolliiccee aaccccrreeddiittaattiioonn rreeiimmbbuurrsseemmeennttSSeemmiinnaarrss && wwoorrkksshhooppssVViiddeeoo lliibbrraarryy

CCOOVVEERRAAGGEE::WWoorrkkeerrss’’ CCoommppeennssaattiioonnPPrrooppeerrttyyGGeenneerraall LLiiaabbiilliittyyPPuubblliicc OOffffiicciiaallss LLiiaabbiilliittyyEEmmppllooyymmeenntt PPrraaccttiicceess LLiiaabbiilliittyyLLaaww EEnnffoorrcceemmeenntt LLiiaabbiilliittyyAAuuttoommoobbiilleeBBooiilleerr && MMaacchhiinneerryyAAiirrppoorrtt

2014 MML LEGISLATIVE WRAP UPby Richard Sheets

Truly Agreed To and Finally Passed bills to determine whether legal action or model ordinances/policies are needed.

Gov. nixon Preserves essenTiAL municiPAL services for missouriAns

The Missouri Municipal League greatly appreciated Gov. Nixon’s veto of harmful bi l ls that would have significantly diminished voter-approved municipal sales tax revenues, forcing cuts to essential local services for Missouri citizens across the state.

The bills vetoed by the Governor include SB 584, SB 693, SB 662, SB 612, SB 829, SB 727 and HB1455. Harmful provisions in these bills were added during the final hours of the 2014 legislative session without providing the chance for adequate review.

MML opposed these bills for the following reasons:

• The bills provided local sales tax exemptions for a variety of unrelated activities, from data processing to recreation park admissions.

• M u n i c i p a l i t i e s w o u l d l o s e millions of dollars in revenue that is needed for basic services that citizens expect and demand, such as police and fire protection, parks, streets and more.

• The harmful provisions in these bills were added during the final hours of the 2014 legislative session. This means that there was no chance for adequate review of the impact of these exemptions.

• The monetary impact of these

bi l l s could be substant ia l ly higher than estimated. Some municipalities may have seen a greater impact from these bills due to the makeup of their local economy.

• These local sales taxes were voted on and approved by citizens to fund specific local services. These exemptions would have d i m i n i s h e d t h e a m o u n t o f revenue going to these popular services.

• S o m e o f t h e r e v e n u e l o s t could have jeopardized local bond commitments , leaving c o m m u n i t i e s v u l n e r a b l e t o default.

diminisHinG LocAL revenue THrouGH LeGisLATive AcTion

As this and past legislative sessions have shown, municipal governments are under attack by special interests who want to be exempted from local taxes and regulations. We do not see this trend ending anytime soon. As the political rhetoric about smaller government, lower taxes and fewer regulations intensifies in Jefferson City, it will be incumbent upon all municipal officials to demonstrate to legislators that (at least at the municipal level) regulations and taxes are not excessive and are supported by citizens. It also is critical that we educate state legislators on the connection between local taxes and local services, as well as the connection between local regulations and quality of life in our communities.

Richard Sheets is the Deputy Director of the Missouri Municipal League. Contact him at 573-635-9134 or [email protected].


The National League of Cities counts over 1,900 municipalities as members, plus the 49 state municipal leagues, meaning NLC represents over 218 million Americans. The NLC is similar to your state municipal league, but with...

• Representation and advocacy on the federal level,

• A vast pool of geographically diverse members to connect with,

• Its own distinct set of programs designed to help your city save time and money, and

• A plethora of NLC resources and publications to help your city navigate the most difficult local government challenges.

COME TO AUSTIN, TXLIVE MUSIC CAPITAL OF THE WORLD

TALK ABOUT THE ISSUES...through more than 30 workshops, facilitated discussions and Policy and Advocacy Committee meetings.

GET SOLUTIONS...that will make a difference for your community through the Exposition Hall, the City Showcase, and mobile workshops.

CONNECT WITH PEERS...which are an invaluable resource through NLC member networking councils and constituency groups.

LEARN ABOUT NLC...by participating in governing the association at the Annual Business Meeting.

Helping City Leaders Build Better Communities

MEMBERSHIP INFORMATION | [email protected] | (202) 626-3100 | (877) 827-2385 | www.nlc.org

Austin Convention Center | November 18 -22, 2014

LET THE SUNSHINE IN!

NEW Online Training Class Missouri Open Meetings and Records Law

Understanding the Missouri Sunshine Law is vital to serving e�ectively as a local government o�cial. Custom made for MML, this class answers your questions:

o How should I post a meeting?

o When can a meeting be closed?

o What constitutes a meeting?

o How does the law apply to emails?

o How soon must a record request be ful�lled?

o What are the penalties for violating the law?

Complete at your convenience! Classes are accessible for 30 days after purchase. Learn more at www.mocities.com.


Follow MML!

www.mocities.com

www.twitter.com/mocities

www.facebook.com/mocities


A DAY IN THE LIFE ...

In 2014, The MML Review is featuring insights from local government officials across the state in the series, "A Day In The Life." In this issue, The Review asked several

Missouri City Clerks to share what inspired them to serve in their community and other questions to provide a glimpse into their role as city leaders.

Dana Louderbaugh, City Clerk, City of Fair Grove

Ruth Baker, City Clerk, City of Manchester

Georgia Fox, City Clerk, City of Pleasant Valley

What sparked your interest in local government? Louderbaugh: I was very involved in my childrens school, volunteering and meeting alot of people. I became president of the PTA for several years. I had attended several school board meetings. The position was posted so I wanted to work for the cummunity ... our school and city work well together.

Baker: One evening some time ago, the doorbell rang and standing outside was a man who advised that he was a candidate for alderman of our ward. His wife was with him, and the three of us talked about issues in the City for a few minutes. A couple weeks later at the polls, I saw the energy, activity and excitement in these local elections, and learned the next day that the man, who had campaigned in our neighborhood, had been elected as one of the City’s aldermen. Then, at an event in early 1999 with my husband, the local fire chief at the time, I met the mayor of Manchester who I realized was the same person who had stood on our front porch a few years before, and I had an excellent opportunity to talk at length with him and his wife. At that time, I became more aware of local government, which is often taken for granted, and found it intriguing.

Fox: Honestly, I answered an ad in the paper for a “bookkeeper” for the city of Alba. The job was presented to me as an accounts payable position and some secretarial work. Within a short time of starting I realized that there was a lot more to this position than “secretarial work." Fortunately Alba was a member of

MML. I met Richard Sheets of MML and the rest is history. I often say Richard knew me when I was a baby clerk. But really, no person was more instrumental in my training than him. Between Richard and our auditor, Matt Mense Sr., of Mense, Churchwell and Mense, they gave me all the training I needed to get through that first year. Once I figured out what I was doing, I was hooked! The satisfaction of knowing you are helping your community is something that no other administrative job can give you.

What do you love about your community?

Louderbaugh: Everything ... We have a small community compaired to most with a population of 1,393. But that makes us special ... we come together when there is someone in need. For example, our community built a house for a family because their child could not get around his house in his wheelchair. The family was one of the finalist for “Extreme Home Makeover” several years ago, but was not selected. The local community came together had fundraisers, people donated time, money and skills to build them a new house. It took time but the project was completed.

Baker: Having been a long-time resident of the area, I appreciate the historical background, as wel l as a l l the new development and activity. I have seen this area grow from a country-like setting to that of a vibrant community with high-quality services and excellent parks and recreational opportunities.

Fox: The communtiy I work in now is Pleasant Valley. I love that Pleasant Valley is a small town surrounded by big cities but has not lost its small-town feel or values.I also worked for the communities of Butterfield and Alba. In Butterfield, I loved that all the council, department heads and other community organizations were so dedicated and worked tirelessly to make their town a better place to live. I also loved the history of the city. Alba was blessed with so many residents from professional fields. They have a highly educated population and it was obvious they had many dedicated professionals responsible for making sure the city had all of its needs.

What do you enjoy most about serving as the clerk in your city?

Louderbaugh: I enjoy knowing I do the best I can for my community. I try to save money every chance I get. I like the feeling I get when I know it is a job well done.

Baker: No two days are alike; there is much variety and many challenges. The fast-paced position of the city clerk includes much diversity and often gives the feeling of accomplishment and satisfaction.

Fox: Again, I would have to say serving my community in a direct and tangible way. I’ve also worked in larger cities, in their finance department, where I felt like I was just a cog in the wheel. I had no influence over policy and no ability to find cost-saving measures to help the city. It was basically a data entry job. This really helped bring home what I truly love about being a city clerk. When I find a way to save the


MISSOURI CITY CLERKS

city $1,000 or $10,000 or $100,000 dollars a year, I like to put that into tangible terms by thinking of the little old lady down the street on social security who is counting on me to help reduce her tax or user fee burden. It gives me a great deal of joy to think I can help someone like that.

What challenges do you face in your position?

Louderbaugh: Trying to stretch the most benefit out of a small amount of money.

Baker: Each day can present a new cha l lenge , espec ia l l y in e f fect ive ly completing numerous projects within deadlines while being interrupted often by citizens, elected officials, business owners, or other employees during the workday.

F o x : C i t y g o v er n m en t , l i k e p r i v a t e industry, continues to try to operate leaner and leaner. There are a great deal of responsibilities and very little time. There are many projects you have identified but have not found the time or the resources to pursue. I have also found what is unique to this position is that you never feel like the work is done. There are always more things you should do or wish you were doing, always more projects that you know you should seek out and address. Simply stated, the job is never done. It might help to state and put into context, my experience is in smaller cities where the city clerk often acts as city administrator without the title (out of necessity). Since the clerk does not have the title, they have to be very diplomatic about how they lead the city, most of the time it is done by coaching the elected officials and encouraging them to take up various issues that need to be addressed.

What advice would you give to a new city clerk, or someone considering the field?

Louderbaugh: Get involved with the city clerk orginization and training, training training. You will learn something new everyday in this position. It is a high stress profession but it is worth the feeling you get when you know you have benefitted your community.

Baker: Having come to the city from the private sector, I would recommend that a new city clerk become a member of the local organization(s) of city clerks, as the collective knowledge and networking of that group of individuals is invaluable.

Fox: Use the resources available to you! I have never met a city clerk that was unwilling to help another city clerk with some advice or information (MOCCFOA). Never. MML is a huge resource. Your city’s auditor/accountant also can be a huge resource. As I said before, Matt Mense, Sr., was a huge influence on me. He taught me government accounting 101. The lessons I learned from him I still use today, 14 years later. And of course, we all get to know the city attorney pretty quickly. They will help steer you out of any potential legal trouble.

When you were a child, what did you want to be when you grew up?

Louderbaugh: Teacher or nurse and a wife and mother. I got to be a teacher and a nurse by being a wife and mother.

Baker: As a young child, I dreamed of being a nurse and caring for people. I later decided I wanted to be a teacher and help children learn. In 1999, I started working at the City of Manchester, taking on the responsibilities of a city clerk, including among many other things, caring for people and helping people learn!

Fox: When I was 5 years old, I wanted to be a singer. I wanted to move people with my voice and be able to influence others with my songwriting skills. The only problem is that I have a horrible singing voice and I’m not really good at poetry! I guess God knew that my mission in life was going to be to help others through good, ethical, responsible government. I could not be happier with the “disappointment” of the outcome of my career choice.

Most people would be surprised to learn …

Louderbaugh: I have traveled a lot.

Baker: During the week, although I am seen behind a desk enjoying my career in

local government, on weekends, for years, my therapy has included working in the yard, especially digging into the soil and planting. Also, in connection with my son’s fascination with classic vehicles, I have been drawn into a world of nostalgia and enjoy seeing him restoring his classics. In contrast, I have had season tickets to the St. Louis Muny for years and totally appreciate the theater and concerts with my daughter.

Fox: I am a huge heavy metal rock fan. I kind of giggle to myself just thinking about how those two things, local government official and headbanger, seem very, very different. I find it very therapeutic after particularly stressful days, though.A fact less shocking, is that I took 4th in a national competition when I was in 6th grade for a writing assignment. First prize got to meet the President (Jimmy Carter at the time). That probably should have been an indication to me that I was going to go into some form of professional writing.

To what location would you most like to travel, and why?

Louderbaugh: With my laid-back ways I think Alaska or Canada for the views.

Baker: I have three dream United States vacat ions and two dream vacat ions abroad. Having both German and Irish heritage, I would, of course, like to visit Germany and Ireland, the birthplaces of my great grandparents and grandfather, and hopefully have an opportunity to find and visit with some of my relatives who are still residing in their homeland. The United States vacations I would like to take would include the northeast to see the beautiful, colorful fall foliage, a trip through Canada to Alaska and a trip to a Hawaiian paradise.

Fox: I would like to travel to other city’s council meetings. This is not my private interest but my professional one. I would like to get out and see more, firsthand, about how other c it ies operate and determine if there are things that we can do better. I constantly wish there were more hours in the day, more days in the week, that I could pursue learning from others.


SERVING MISSOURI MUNICIPALITIES FOR MORE THAN 46 YEARS.

A marketplace for products and services . . .A marketplace for products and services . . . professional directory

www.innovateics.com [email protected]

573-885-1344 112 Downey Place Cuba, MO 65453

Municipal Advisory Services

Planning - Forecasting - Economic Development HR Administration - Finance - Risk Management

LARKIN

Omaha Fort CollinsKansas City

Drinking WaterWastewater StormwaterAquaticsMunicipal Streets

9200 Ward Parkway, Suite 200Kansas City, Missouri 64114

P | 816.361.0440 www.LRA-Inc.com

ENGINEERS / ARCHITECTS / PLANNERS Family-owned business celebrating 45 years of excellence

Contact: Thomas P. Weis, P.E., President Email: [email protected] Office: 636.207.0832 Fax: 636.207.0328

Visit our website at www.phweis.com

St. Louis Office: 16296 Westwoods Bus. Pk. Dr. Ellisville, MO 63021

A member of the ACEC (American Council of Engineering Companies of Missouri

Illinois Office: 1405 Nickell Street Sauget, IL 62206

8

Public Finance andMunicipal Bond Underwriting

1010 Grand Blvd.• Kansas City, MO816.860.7244866.651.9262 Toll Freeumb.com

Underwriter • Financial AdvisorMunicipal Leasing • Bond Refundings

Hochschild, Bloom & Company LLP Certified Public Accountants

Consultants and Advisors

Governmental Services

Financial audits Policies and procedures Fraud and forensic accounting Internal control reviews Employee benefits CAFR consulting Budget assistance Interim support Auditing and assurance Monthly accounting

Chesterfield (636) 532-9525 Washington (636) 239-4785 www.hbclp.com


WHO MANAGES LOCAL PUBLIC SAFETY? CITIES OR THE STATE?

by Kenneth J. Heinz

NEWS FROM THE BENCH

seATBeLTs

Recently, in City of St. John v. Brockus, ED99644 (Decided May 20, 2014), the court of appeals found that an ordinance allowing for primary enforcement of a seatbelt violation did not conflict with a state statute (§307.178 RSMo) that prohibited primary enforcement of the state statute requiring the use o f s e a t b e l t s . P r i m a r y e n f o r c e m e n t m e a n s stopping and citing a driver for a seatbel t violat ion without any other reason for stopping the vehicle.

TrAffic cAmerAs

The court of appeals has issued seven opinions in the past year or so addressing the issue of camera enforcement, all opinions adverse to the cities. Those cases are: Smith v. City of St. Louis, 409 S.W.3d 404 (Mo. App. E.D. 2013), Unverferth v. City of Florissant, 419 S.W.3d 76 (Mo. App. E.D. 2013), Ballard v. City of Creve Coeur, 419 S.W.3d 109 (Mo. App. E.D. 2013), Edwards v. City of Ellisville, 426 S.W.3d 644 (Mo. App. E.D. 2013), Damon v. City of Kansas City, 419 S.W.3d 162 (Mo. App. W.D. 2013), Brunner v. City of Arnold, 427 S.W.3d 201 (Mo. App. E.D. 2013) and City of St. Peters v. Roeder, ED100701, decided June 3, 2014 (Mo. App. E.D. 2014).

T h e s e o p i n i o n s r e p r e s e n t a significant departure from traditional analysis of statute/ordinance conflict. Edwards is perhaps the most significant of these seven opinions. The court in Edwards opined that because Section 304.281 RSMo, pertaining to running red lights, regulates the conduct of “drivers and pedestrians,” the Ellisville ordinance was in conflict with the state statute.

In these cases, the courts of appeal have held that the attempts of municipalities to use traffic cameras

as a public safety solution at city intersect ions confl ic ts with state statutes. The Supreme Court granted transfer on June 24, 2014, to a case arising out of the city of St. Louis involving red light cameras.

sPeed cAmerAs

Early this year, the court of appeals also struck down Moline Acres’ use of a camera device to capture speeding vehicles. However, in May the Missouri Supreme Court granted transfer in the case of Moline Acres v. Charles Brennan. Both the St. Louis and Moline Acres cases follow the General Assembly action in failing to pass any of the pending legislation this year pertaining to the use of traffic cameras.

The trial court in Mr. Brennan’s case found that the ordinance conflicted with state law, specifically Sections 304.009 and 304.010 RSMo pertaining to speeding by vehicle operators.

Generally, municipalities are authorized to adopt ordinances that supplement state law, but may not pass ordinances that create an irreconcilable conflict with state statutes. The test for determining if a conflict exists is whether the ordinance permits what the statute prohibits or prohibits what the statute permits. Usually a state law

does not expressly state what is an irreconcilable conflict.

Moline Acres has argued that its ordinance does not prohibit the enforcement of the state s p e e d i n g l a w s s i n c e nothing in the ordinance allows a vehicle operator to exceed the posted speed limits in the City or punishes a vehicle operator for complying with those same speed limits. It also argues that its ordinance does not infringe upon the state’s right (or ability)

to enforce its speeding laws on state highways, nor the ability of the City’s police officers to charge offenders under either the state statutes or its municipal ordinances.

Unlike the state speeding statutes, Moline Acres asserts that its ordinance establishes a mechanism for placing responsibility upon the owners of motor vehicles for the unsafe manner in which their vehicles are operated. The two offenses are different, and the fact that both involve vehicles travelling at excessive speeds does not place them in conflict. An ordinance holding the owner of a vehicle liable for unsafe operation by another does not conflict with a statute holding a vehicle driver responsible for the manner in which he/she operates the vehicle.

In the Brennan case, the City argues that both the state statute prohibiting speeding and the City’s ordinance are aimed at achieving the same goal, reducing the instances of speeding vehicles on roadways. The statute does so by punishing drivers, the ordinance does it by imposing liability on vehicle owners. Just because the statute and ordinance differ in their approaches at mitigating the same societal danger, does not place them in irreconcilable conflict. This is similar


to the Brockus case where it was held that the fact that St. John’s ordinance and the state seatbelt statute differ on enforcement, i.e., whether a suspected violation is sufficient grounds in and of itself to conduct a traffic stop, does not render them in conflict with one and other.

Traffic ordinances are enacted pursuant to a city’s police powers. Courts “presume that an ordinance enacted pursuant to a municipality’s police power is valid, and the party contesting the ordinance bears the burden of proving its invalidity.” City of Creve Coeur vs. Nottebrok, 356 SW3d 252, 258 (Mo App. E.D. 2011). The burden is on the party contesting the ordinance to negate every conceivable basis that might support it. If reasonable minds might differ as to whether a particular ordinance is reasonably related to the protection of the general health, safety or welfare of the public, then the issue should be decided in favor of the ordinance. Nottebrok was the first test case for traffic camera enforcement in Missouri in 2011. When Creve Coeur’s ordinance was upheld, many felt that cities had “the green

light” to enforce red light camera ordinances. Many cities, attorneys and other commentators expressed surprise that the Nottebrok opinion was disregarded after only two years.

The ultimate question before the Supreme Court is whether the camera enforcement ordinances are expressly based upon rational public policies and designed to promote the health, safety and welfare of its citizens.

Several statutes provide additional authority for cities to “enact and make all such ordinances and rules, not inconsistent with the laws of the state, as may be expedient for maintaining the peace and good government and welfare of the city ... ” and to “enact and ordain any and all ordinances not repugnant to the constitution and laws of this state, and such as they shall deem expedient for the good government of the city, the preservation of peace and good order… and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect ... ” Sections 546.902; 79.110 RSMo.

While it is difficult to ascertain what the Supreme Court has in mind in agreeing to hear the camera enforcement cases, the issue of whether cities can legislate on these public safety issues by imposing additional restrictions will certainly be argued. Whether or not the Supreme Court will revisit the red light camera issues and restore the Nottebrok decision remains to be seen. The Missouri Municipal League and other cities are expected to file additional briefs in support of the right of cities to regulate public safety by ordinances that are not inconsistent with state law. The final decisions could affect a host of issues where both the state and cities have similar regulation, not only for traffic laws, but also many other issues such as smoking, texting while driving, alcohol and firearms.

Kenneth J. Heinz is a principal with Curtis, Heinz, Garrett & O'Keefe, P.C. He serves as general counsel for several communities. Heinz has been active as special counsel to many municipalities in Missouri and Illinois on municipal issues. He has delivered seminars to many public and private groups at the local and state level on municipal issues, such as municipal contracts, zoning, and sunshine law. Contact the firm at 314-725-8788 or www.chgolaw.net.


Shafer, Kline & Warren, Inc.Shafer, Kline & Warren, Inc.Forming Partnerships. Delivering Results.Forming Partnerships. Delivering Results.

www.skw-inc.com

Development InfrastructureEnergy Pipeline

FGM exists to enhance communities by creating quality environments.

fgmarchitects.com

O’Fallon618.624.3364

St. Louis314.439.1601

F l o r i s s a n t Va l l e y F i r e P r o t e c t i o n D i s t r i c t F i r e S t a t i o n # 1

P a t t o n v i l l e F i r e P r o t e c t i o n D i s t r i c t F i r e S t a t i o n # 1

• Current Job Opportunities

• Member City Websites

• Daily Local News

• MML Conferences

• Latest Legislative Action

• Publications

• Sample Ordinances

www.mocities.com

Why Should You Visit MML's Website?


www.molagers.org 1-800-447-4334 701 W. Main St. Jefferson City, MO

Are Your Employees Prepared for Retirement?

Missouri LAGERS has partnered with nearly 300 cities to provide secure retirement income.

Come see us in Booth #22 at the MML Annual Conference in St. Charles

to discuss your city’s opportunity to partner with Missouri LAGERS

www.molagers.org (800) 447-4334

[email protected]


Do you stay home from conferences and conventions that might be helpful to you as a public official because you are worried about criticism from constituents? If the answer is “yes,” you may find these tips for successful conference attendance useful.

wHiLe you Are AT THe conference

Take time to carefully review the entire program. Read it thoroughly. Make notes and map out your time. Allow time for informal discussions. Some of the best thoughts and ideas come from such dialogue.

Determine which workshops you will attend. Which will have the most benefit to your community? If there is more than one person in your delegation, get together and try to get the widest possible exposure to the available programs and seminars.

Be prepared to take notes or tape various speakers.Visit the exhibits and gather literature on significant products and services. Ask questions, take notes and allow

enough time to cover the entire exhibit hall.Keep a daily log or diary of what you did each day. You’ll be surprised how much you’ve covered. This will be a

handy reference to substantiate your “positive” participation in the conference. Of course, allow some time for rest and relaxation. Learning and leisure are compatible.

Make one person (if more than one delegate is attending) responsible for summarizing notes, speeches, literature and other items before you leave the conference.

wHen you GeT Home

After you return home, the various findings should be typed and summarized in a succinct written report. Copies of the report should be reproduced for government personnel, other governing body members and key audiences in the community. Certainly, editors and news directors of the local media should get copies. Have copies of the report available for the public at the next meeting of the city council. Be prepared to respond to the news media on what the delegates learned that relates directly to local problems.

Communicate what you learn at meetings regardless of where they are held. Current trends, opinions, facts and quotes are newsworthy. Special attention to your local problems – and what you learned about them – is very significant to the news media and various community groups. So, do your homework.

Don’t apologize for the costs of the trip if you are asked. But, be ready to answer these questions: What did this trip cost for your delegation compared to the total budget? What is the cost of this in-service training for you as compared to the governmental unit’s in-service training as a total? Check the dollars and the percentages. You’ll find it relatively small. And, as elected municipal officials, setting policy and goals for a multi-million dollar public service, are you expected to operate in a vacuum? No, you’re not. Don’t be defensive; just lay out the facts. What you learn at such meetings may easily save your municipality thousands of dollars. But more importantly, you’re trying to do a better job for your community by learning. And that’s what it’s all about.

Remember, conferences and conventions are necessary for local government members. Such state and national conferences are the only places you can get the background and understanding needed to deal with current problems. The future of municipal government depends on informed public officials. Your participation needs no apologies.

GETTING THE MOST FROM YOUR CONFERENCE ATTENDANCE


mmL cALendAr of evenTs

July18-20 MMAA Summer Seminar, Tan-Tar-A, Osage Beach, Mo.29-31 Missouri Main Street Connection 2014 Get Plugged In Downtown Revitalization Conference, Clayton, Mo.

September1 Labor Day3-5 Governor's Conference on Economic Development, Osage Beach, Mo.14-17 MML Annual Conference, St. Charles, Mo.14-17 ICMA Annual Conference, Charlotte/ Mecklenburg, North Carolina15 Financial Disclosure Ordinance Deadline30-Oct. 1 Missouri Water and Wastewater Conference, Jefferson City, Mo. October8-10 Missouri Public Utility Alliance Annual Conference, Osage Beach, Mo.

November4 Election Day11 Veteran's Day18-22 NLC Congress of Cities Conference, Austin, Texas

For more events, visit the events calendar at www.mocities.com.

memBer AccomPLisHmenTs

cLAssifieds

AssisTAnT ciTy AdminisTrATor / direcTor of finAnce The city of Roeland Park, Kansas, located in Johnson County, is seeking an Assistant City Administrator / Director of Finance who will also oversee community development and neighborhood services. The selected individual will work under the supervision of the City Administrator. Minimum qualifications for the position include a bachelor's degree or an equivalent combination of education / experience; five years of progressively responsible finance and economic development experience; considerable knowledge of municipal finance, economic development tools / agreements. Salary range is $53,400 to $83,422. Please see www.roelandpark.net/aca-finance-director/. Send confidential resumes, cover letters, and references by 7/24/14 to: Aaron Otto, City Administrator, 4600 West 51st Street, Roeland Park, Kansas 66205.

PuBLic service AwArd

Congratulations to the city of Black Jack Mayor Norm McCourt for recognition by the North County, Inc., for his dedication to the community with a Public Service Award! The award honors an outstanding individual whose long-time service has had a positive impact on the community.

ciTy AdminisTrATor GreG miLLs nAmed PuBLic AdminisTrATor of THe yeAr

C o n g r a t u l a t i o n s t o t h e C i t y o f Riverside’s City Administrator Greg Mills, named Public Administrator of the Year by the Greater Kansas City Chapter of the American Society for Public Administration!

jAy T. BeLL ProfessionAL mAnAGemenT AwArd winner

B i l l J o h n s o n , d i r e c t o r of administration, city of Fulton, was chosen as the 2014 Jay T. Bell Professional Management Award by the Missouri City/County Management Association.

Johnson received the award at the Association’s spring conference Awards Banquet on May 1 at Camden on the Lake Resort in Lake Ozark.

T h e a w a r d r e c o g n i z e s a member’s outstanding commitment to the profession of local government management and is the Association’s highest honor for its members. Johnson has served the city of Fulton since September 1996. Johnson is a very active member of the MCMA as well as the Missouri Municipal League as a Board Member.

senior service Honor

City of Blue Springs Mayor Carson Ross received the Senior Service Award from the Missouri Lieutenant Governor's office. He was nominated by state Rep. Sheila Solon, R-Blue Springs, for his service over the years, including more than 750 hours of volunteer service each year.

ricHArd r. noLL ouTsTAndinG AssisTAnT AwArd winner

Georgia Ragland, assistant chief administrative officer of Kirkwood, was chosen as the 2014 Richard R. Noll Outstanding Assistant Award by the Missouri City/County Management Association.

Ragland received the award at the Association’s spring conference Awards Banquet on May 1 at Camden on the Lake Resort in Lake Ozark.

The recipient must hold an adminis t ra t ive pos i t ion tha t i s responsible for assisting the chief administrative officer in carrying out various administrative duties and other responsibilities. Ragland has served the city of Kirkwood since 1998 and is a very active member in her community.


July 2014 MML Review

Documents

missouri municipal review

mosip stresses

mosip termportfolio

programs website

school districts

pfm fund distributors

mosip liquid series

astable net asset value