Missouri Municipal Review July 2017

REVIEW

A U N I T E D VO I C E FO R M I SS O U R I M U N I C I PA L L E AG U E CO M M U N I T I E S

THE MISSOURI MUNICIPAL

July/August 2017

MML 83rd Annual Conference Sept. 10-13, 2017 Tan-Tar-A Resort, Osage Beach Join Us!

Utility Shut Offs • Missouri Sunshine Law • Senate Bill 5 Update

Missouri Securities Investment Program A Cash Management Program for School Districts, Counties, Municipalities and Other Political Subdivisions

The Missouri Securities Investment Program (MOSIP) is a comprehensive cash management program for school districts, counties, municipalities, and other political subdivisions. MOSIP was created in 1991 by the Missouri School Boards Association.

MOSIP offers its investors a professionally managed portfolio with competitive money market rates. MOSIP stresses maintaining safety, liquidity and yield as the primary investment objectives.

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

Relationship Managers

William T. Sullivan, Jr. 631.806.9470 cell sullivanw@pfm.com

Trish Oppeau 314.619.1792 direct oppeaut@pfm.com

Jason Glidden 816.642.8552 direct gliddenj@pfm.com

Client Services Group (CSG) • 1-877-696-6747, Option 3

Mary Dix 314.815.5483 direct dixm@pfm.com

Amber Cannegieter Key Account Manager cannegietera@pfm.com

Joshua Groff Client Consultant grofj@pfm.com

Scott Bilheimer Client Consultant bilheimers@pfm.com

Melissa Rodgers Client Service Representative rodgersm@pfm.com

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 • 1.800.891.7910 • www.mosip.org This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security.

Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website at www.mosip.org. While the MOSIP Liquid Series seeks to maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.

2 theReview July/August 2017 (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. org) and Securities Investor Protection Corporation

REVIEW

THE MISSOURI MUNICIPAL

July/August 2017; Volume 82, No. 4

CONTENTS Cover Review 5 Preventing Delinquent Utility Bills

by Bryant Parker

Learn what steps cities may take to bring predictability to outstanding utility charge collection under Missouri law.

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Features 9 Missouri Sunshine Law:

10 Ways To Ensure Compliance

by Joseph E. Martineau

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MML 83rd Annual Conference

Departments 4 President's Review

Missouri Sunshine Law

22 FAQ: Service Animals 25 Getting To Know You: Betty Montano, City Clerk, Kirkwood

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28 MML Elected Officials Training Conference Photos

30 News From The Bench: Senate Bill 5 Update

by Ken Heinz

32 Professional Directory 34 Calendar And Member News

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Mayor Kathy Rose, Riverside; Vice President: Mayor Matthew G. Robinson, Hazelwood; Immediate Past President: Mayor Randall Rhoads, Lee's Summit; Eric Berlin, City Administrator, North Kansas City; Sally Faith, Mayor, St. Charles; Bill Falkner, Mayor, St. Joseph; Stephen Galliher, Mayor, Sedalia; DJ Gehrt, City Administrator, Platte City; Barry Glantz, Mayor, Creve Coeur; Tim Grenke, Mayor, Centralia; Debra Hickey, Mayor, Battlefield; *Bill Kolas, Mayor, Higginsville; Donald Krank, Council Member, Black Jack; Chris Lievsay, Council Member, Blue Springs; Paul Martin, Attorney, Olivette; *Norman McCourt, Mayor, Black Jack; Marcella McCoy, Finance Director, Harrisonville; Susan McVey, Council Member, Poplar Bluff; *Carson Ross, Mayor, Blue Springs; Scott Wagner, Council Member, Kansas City; Eileen Weir, Mayor, Independence; *Gerry Welch, Mayor, Webster Groves; Nici Wilson, City Administrator, Odessa *Past President 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 EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Dan Ross, Richard Sheets, Lori Noe Contributing Editors The Review July/August 2017; Volume 82, No. 4 The 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.

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Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109.

Cover: Tan-Tar-A Resort, Osage Beach, Missouri, is the site for MML's 83rd Annual Conference Sept. 10-13, 2017.

To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at info@mocities.com.

Website: www.mocities.com. www.mocities.com

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PRESIDENT'S Review

Kathy Rose I Mayor, City of Riverside; President, MML Board of Directors MML has focused strongly on training this year, with members benefitting from topnotch experts – and there is much more planned!

In June, more than 200 elected officials, many of them new to local government, gathered in Columbia for the MML Elected Officials Training Conference. It was a great event! Attendees walked away with the latest information regarding the Missouri Sunshine Law, budgeting, conducting city business and why servant leadership is crucial. Find photos of this year’s event on page 28.

Registration is filling up fast for the League’s popular Annual Conference Sept. 10-13, at Tan-Tar-A Resort in Osage Beach. The beautiful setting adds the perfect touch to this networking and training opportunity. Whether a new or more experienced official, this is one you don’t want to miss, and one where you want to bring a fellow official or municipal employee to join you.

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I encourage each of you to review the League’s policy process and decide if it’s a fit for you to join a committee.

Your input will shape the direction of the League and how it will best continue to serve cities across Missouri.

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Another big training initiative in 2017 is the newly launched webinars. From personnel law to the future of retail, word is getting out and live webinar attendance continues to rise. See what’s coming up and access previous webinars at www.mocities.com/ webinars.

Many webinars, as well as sessions from the Elected Officials Conference and Annual Conference, apply to MML’s Municipal Governance Institute. This certification recognizes your commitment as a leader for efficient local government. Take steps to become a Certified Municipal Official today by visiting www.mocities.com.

MML also recently held the 2017 policy committee meetings. The four committees met concurrently in Columbia in June to make any changes for the coming year regarding the best policy direction for cities. The next step is for the MML Resolutions Committee to meet in late July and finalize proposed policies that are presented to all members at the Annual Business Meeting during the League’s Annual Conference in September.

I encourage each of you to review the League’s policy process and decide if it’s a fit for you to join a committee. Your input will shape the direction of the League and how it will best continue to serve cities across Missouri.

Thank you for all of the ways you serve your community! Keep in touch with the League and share how we can best support you.

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FEATURE Review

by Bryant Parker

Preventing Delinquent Utility Bills

Utility billing issues are among the most common issues faced by cities of all sizes. Understand the steps cities may take to bring predictability to outstanding utility charge collection under Missouri law.

Deposits And Shut Offs Before disconnecting or terminating service, a local government utility service provider must provide notice informing the customer not only of the possibility of termination but also of a procedure for challenging a disputed bill.1 Due process requires an opportunity for a customer to complain to a designated employee of the local government that he or she is being overcharged or charged for services not rendered.2 Many delinquencies can be prevented by proactive deposit and shut-off procedures. The United States Supreme Court and Missouri courts have held that a public utility company may adopt and enforce, as a reasonable regulation, a rule that service will be discontinued for those customers who are in default.3 By requiring new customers to pay a deposit equal to

one month’s average utility payment before beginning service, the city has extra funds to offset unpaid utility charges.4 Local governments should adhere to uniform deposit and shut-off requirements and procedures. The Missouri Court of Appeals held that a utility provider may have been liable for the wrongful termination of service when the utility provider demanded a deposit far exceeding the amount authorized by the utility’s policy and disconnected utility service when the deposit was not immediately paid.5 The Court of Appeals further recognized potential liability for a utility provider that fails to provide a customer the standard time period allowed for payment to be made before disconnecting service, as well as when service is terminated when the amount due is in dispute.6 This liability, when considered with a local government’s duty to provide a utility customer with

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an opportunity for due process before taking any adverse action, means that any utility deposit and disconnection requirements that are only imposed upon a certain group of customers should at least be carefully considered by a municipality and scrutinized by its legal counsel before adoption.

In addition to terminating or suspending service for non-payment of its own utility charges, several Missouri statutes authorize local government utility providers to terminate services for non-payment of another utility provider’s charges. RSMo 393.015 & 393.016 authorize water corporations, municipal water utilities, and water districts to terminate water services to any customer for nonpayment of a sewer bill pursuant to a contract entered into with a sewer corporation, municipality or sewer district. Also, under RSMo § 250.236, any city, town or village may contract with a private or public water company to terminate water services, at the direction of the city, because a customer fails to pay his sewer bill.

Collection Of Past-Due Charges Collection of past-due charges, when standard shutoff procedures are not available, can be challenging. This typically occurs when a tenant leaves a rental property without paying outstanding charges and the space is reoccupied by another tenant. Unless specifically authorized by statute, a municipality cannot terminate utility service to collect bills left unpaid by a former tenant, occupant or owner of a building.7 RSMo 250.140 provides that water and sewer services

are deemed furnished to both the occupant and owner of the property. Therefore, assuming proper notice and an opportunity to dispute the charges has been given to both the owner and the current tenant of a delinquent utility property, it may be proper to disconnect the property’s water service.

However, this section does not allow a landlord to request a city disconnect water service if the tenant does not pay to prevent the landlord from being jointly liable for delinquent utility bills that exceed the utility deposit at the time of disconnection. According to the Missouri Court of Appeals, the purpose of RSMo 250.140 is to benefit the entity providing service, not the property owner.8 Also, RSMo 250.140 only applies to residences that have their own private water and sewer lines. In instances where several residences share a common water or sewer line, and in other circumstances where the property owner/landlord applies for water and sewer service instead of the tenants, the property owner/ landlord of the real property upon which the residences sit shall be solely liable for water and sewer expenses and only the property owner is to be directly billed for the services provided.

Most importantly, the Missouri Court of Appeals has explained that no Missouri statute authorizes a public utility to collect charges for service rendered to a previous customer by threat of disconnecting service to the current customer or by imposing a lien on the real estate.9 While a city may sue the owner of a building for unpaid tenant utility charges, in reality this process is cumbersome and may not be worth the time investment. RSMo 250.140 provides that water and sewer services are deemed furnished to both the occupant and owner of the property. Under this statute, a city, town, village, sewer district or water supply district may sue the occupant or owner, or both, to recover unpaid charges.

However, this section does not apply to other municipal utilities, including municipal gas and electric utilities. It also does not authorize imposing a lien for unpaid charges without pre-approval by a judge.

Difficulties With Liens Liens are specifically authorized by statute for some municipal utilities. RSMo 250.234 authorizes cities, towns and villages to impose a lien for unpaid sewer charges.

However, that state statute does not discuss the lien’s priority. It does not place the lien on par with delinquent taxes that may make it difficult to enforce the lien if other senior liens already exist against the property, such as deeds of trust or tax liens. Many of the state statutes applicable to non-charter cities authorize collection of utility charges, but most do not authorize creating a lien.

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Public water supply districts may impose a lien under RSMo 247.110, and RSMo 249.255 and 249.645, to empower public sewer districts to impose a lien for unpaid ROAD & BRIDGE DESIGN charges that “shall have priority as and be enforced in the same manner as taxes TRAFFIC levied for state and county purposes.”

ENGINEERING However, those statutes are not applicable to Missouri cities.

TRANSPORTATION PLANNING Attempting to impose liens against properties with delinquent accounts by WATER ordinance may not be the solution to RESOURCES collecting outstanding charges. A noncharter city derives its power from the LAND ACQUISITION legislature’s enactment of laws.10 Dillon’s Rule applies and limits the powers of the municipality to: (1) those granted in express words; (2) those necessarily or 411 N 10th Street, Suite 200 fairly implied in or incident to the powers St. Louis, Missouri 63101 expressly granted; and (3) those essential 5650 Mexico Road, Suite 2 St. Peters, Missouri 63376 to the declared objects and purposes of the www.lochgroup.com city or municipal corporation; not simply convenient, but indispensable.11 The state statutes authorizing the creation and operation of most municipal utilities do not authorize imposing liens for authority to impose liens for delinquent unpaid charges. Dillon’s Rule is strict, and sewer service charges.14 The MSLSD was any fair, reasonable doubt concerning the created under Sections 30(a) and 30(b) of Many existence of power is resolved by the courts Article VI of the Missouri Constitution. It against the municipality and the power is delinquencies can be enjoys even more home rule authority than denied.12 constitutional charter home rule cities and prevented by proactive The Missouri Court of Appeals has already counties under Section 30(b) that provides refused to recognize an implied power to deposit and shut-off that the MSLSD’s plan shall become the impose liens for unpaid charges for a public law of the District and take the place of and procedures.

The United utility when state statute did not expressly supersede all laws, charter provisions and grant the authority to impose a lien. As States Supreme Court ordinances inconsistent with the District the Missouri Court of Appeals explained, Plan relating to the District.15 In this case, and Missouri courts there is a “general rule that in the absence the Missouri Court of Appeals held the of a statute expressly authorizing shutoff, or have held that a public MSLSD had the authority to enact an making arrearages in service charges a lien ordinance authorizing liens for delinquent utility company may on the land on which the service has been sewer service charges because the MSLSD used, a public service company or municipal adopt and enforce, as a District Plan specifically authorized the corporation furnishing such service has no District to impose sewer service charges "to reasonable regulation, a right to cut off the service to the premises be collected from all real property served until the arrears due from the former owner rule that service will be by the sewer facilities of the District, ...

13 or occupant are paid.” and to collect or enforce collection of all discontinued for those It is unknown whether home rule cities such charges."16 While this language in the customers who are in and counties have the authority to pass District plan was held to grant the MSLSD ordinances authorizing liens for unpaid authority to impose a lien against a property default.3 charges. Although such authority may served by the MSLSD, it did not authorize exist, lien enforcement may prove difficult. the MSLSD to grant its lien priority over In St. Louis Investment Properties, Inc. v. other liens that may exist on a property, such The Metropolitan St. Louis Sewer District, as deeds of trust or tax liens.17 As the Court the Missouri Court of Appeals considered whether the of Appeals explained, the Missouri Legislature has the power Metropolitan St. Louis Sewer District (MSLSD) had to change the priorities of liens and to give a statutory lien

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priority over other liens: “the express power to collect and enforce collection of sewer charges does not carry with it an implied power to reorder lien priorities.”18 Unlike the MSLSD plan that superseded inconsistent laws, no city in Missouri, including those with home rule authority, may enact and enforce an ordinance permitting what a state statute prohibits.19 Also, where state statute has authorized a municipality to exercise a power and prescribed the manner of its exercise, the right to exercise the power given in any other way is necessarily denied.20 Therefore, to avoid conflicts with state statutes that establish the priority of other property liens, it is likely that a state statute would be needed to provide a municipal utility lien priority over other property liens under Missouri law.

Combined Billing To Prevent Delinquencies Many delinquent utility charges may be prevented by combined utility billing. Combined utility billing has been adopted by cities throughout the state. Under a combined billing process, it is important to clarify that all utility charges shown on the combined utility bill are due and payable at the same time and any partial payment will be applied proportionally to each outstanding utility balance.

One example of such language is found in Section 78-15 of the Code of Ordinances of Kansas City, Missouri. Section

78-15 provides that partial payments under combined utility bills “may be applied proportionally to each of the applicable water service, sanitary sewer service and stormwater service accounts.”

Combined billing may not be possible for all municipal utilities. Cities and counties that provide solid waste collection services that are not exempted from RSMo 260.215 must provide billing statements that separately state the solid waste collection charges. Under this statute, these cities and counties may not withhold, or authorize the withholding of, any other utility service for nonpayment of solid waste collection services charges.

Conclusion Collecting unpaid utility charges can be challenging. Cities can ease this burden by implementing proactive deposit and shutoff procedures and combined utility billing.

Bryant Parker is an attorney with the White Goss law firm in Kansas City, Missouri. He formerly served as the assistant city attorney for Manhattan, Kansas, and as an attorney for local and regional governments throughout the state.

Footnotes are available for this article upon request by contacting the League office at (573) 635-9134 or info@mocities.com.

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8 theReview July/August 2017

FEATURE Review

by Joseph E. Martineau

Missouri Sunshine Law: 10 Ways Cities Can Ensure Compliance On Nov. 16, 2016, Missouri’s State Auditor issued a report that more than 65 percent of approximately 4,000 political subdivisions she reviewed failed to comply fully with the Missouri Sunshine Law, Mo.Rev.Stat, ch. 610.

Oversights included not preparing meeting minutes, failing to document reasons for closing meetings to the public, closing meetings for reasons not allowed by law, and failing to respond timely to record requests or not at all.

While the Auditor only criticized this lack of compliance, the statute allows civil penalties and recovery of attorneys’ fees if the Attorney General or a citizen sues and the violations are knowing or purposeful.1 In extreme cases, a court could void an action taken in violation of the statute if the public interest in enforcing the Sunshine Law outweighs the public interest in sustaining the action.2 Finally, a violation can result in embarrassing publicity and political repercussion.

1. Keep In Mind That Access Is Presumed; Exceptions Narrowly Construed Absent good reason, public records and public meetings ought to be just that, public. With that recognition, the Sunshine Law provides a presumptive right of public access to public records, public meetings and public votes of public governmental bodies to any person, regardless of why they want access. 3 Exceptions to access are narrowly construed, and in most cases, not mandatory.4 When in doubt, a governmental body can check the Attorney General’s website, at http:// w w w.ago.mo.gov/miss our i-law/ sunshine-law, for answers to questions about the law and how to comply. In certain cases, a governmental body can request an Attorney General opinion or bring a declaratory judgment action seeking guidance from a court.5

2. Designate A Records Custodian A solution to many Sunshine Law problems is to designate a custodian who maintains the governmental body’s records and is versed on the law. In fact, the statute requires this, and it requires identification of that person.6 Surprisingly, the Auditor found some governmental bodies did not have or failed to identify its custodian.

3. Establish A Policy and Respond Timely To Record Requests In addition to designating a custodian, governmental bodies should develop policies for responding to record requests and maintain a log of requests. A misdirected request should be promptly forwarded to the custodian.

MML Sunshine Law Online Training • Understand the requirements for posting of public meetings; • Learn what must be included in meeting minutes; • Know what triggers the Sunshine law requirements; • Recognize what can and cannot be discussed in a closed session; • Proper response to citizen records requests.

Learn more and register at www.mocities.com! www.mocities.com

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Missouri LAGERS

You work hard for your community.

We work hard for YOU.

LAGERS members work hard. And each month of hard work helps them get a little closer to a dignified, secure retirement. LAGERS members are thousands of police officers, firefighters, librarians, utility & maintenance workers, and other public servants located in every corner of Missouri, serving their communities everyday.

Visit www.molagers.org to learn more.

4. Fees For Public Records

Missouri Local Government Employees Retirement System 1-800-447-4334

A record request need not refer to the statute, and providing it contains a reasonably understandable description of the records sought, no particular form is required. If the request seeks records in a certain format, and that format is available, the records must be

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the remaining portions produced.8 The custodian should describe generally what has been redacted9 (unless the description would reveal the content of the exempted information) and “the specific provision of law” supporting redaction.10 When designing a public record, a governmental body should as much as practicable separate exempt from nonexempt information.11 Later headaches resulting from needing to redact can be avoided by complying with this provision.

The law requires that requests be acted upon as soon as possible, but no later than the third business day following receipt. 12 A common mistake is to assume records need not be produced for three days, even though readily available. The statute requires prompt response; three days is the maximum time period for responding. One court suggested that failure to respond within three days waives any non-mandatory exception to disclosure.13 If records are voluminous, or require extensive research, making production within three days impractical, the statute allows additional time if the reason for needing that time is identified within the initial three days.14 Importantly, the duty to produce a record under the Sunshine Law is not based on a legal obligation to maintain the record. Absent an exception, records “retained” only temporarily must be provided if they exist when a request is received.15

provided in that format, and the statute encourages governmental bodies to make information available in usable electronic formats as much as feasible.7 Where requested records contain exempt and non-exempt materials, exempt materials must be redacted and

A governmental body is not required to charge for records where providing them serves the public interest. 16 Fees, if charged, should not exceed the cost of any electronic media on which the records are provided and for standard size paper copies $0.10/ page. For large paper copies, fees may be charged at the hourly staff rate for copying. Research and retrieval fees may be charged at lowest staff rate.17 Advance payment may be required.18 There is no clear guidance on whether fees may be charged for time spent redacting exempt materials, but one

court has held “attorney review time is not encompassed in research time,” and may not be charged.19

5. Provide Notice And Agendas Of Meetings Governmental bodies must give notice of the time, date and place of each open or closed meeting and a tentative agenda at least 24 hours in advance. 20 If 24-hour notice is impractical, they should provide as much notice as reasonably possible, and the meeting minutes must state the reason for shortened notice.21 Notice must be prominently posted at a place easily accessible to the public and designated for that purpose at the governmental body’s principal office. If no such office exists, it should be posted at the building where the meeting will occur.22 Particularized notice must be given to members of the news media who request notice of a particular class of meetings.23

6. Absent An Exception, Meetings Must be Open Unless an exception authorizes a closed meeting (or executive session), meetings of more than a quorum of members wherein public business is discussed must be open to the public and must be at a reasonable time, at a handicap accessible place sufficient to accommodate anticipated attendance.24 If good cause justifies departure, it must be identified in the minutes.25 Telephonic, video-conference or electronic meetings must allow reasonable means for public observation. The public may record the meeting by audio, video or electronic means.26 There is no violation of the law when members of a governmental body gather for social or ministerial (e.g. ribboncutting ceremony) purposes, providing public business is not discussed.27 But it is a violation to purposely meet in groups with less than a quorum to discuss public business if the intent of these small group discussions is to evade the law by later meeting with other members.

7. Closed Meetings Must Be Publicly Voted On And Reasons Stated

10. Exceptions Exist, But Are Limited And Narrowly Construed

Before any meeting, or portion thereof, may be closed, both the question of holding the closed meeting and the reason for closure must be voted on by roll call vote identified in publicly-available minutes.28 The topics discussed in closed meetings must be limited to those where closure is authorized.29

The Sunshine Law permits, but in most cases does not require, governmental bodies to close meetings or records involving certain topics.33 There are 22 identified exceptions in the statute, and a catchall exception for matters that cannot be disclosed by law.34 The most common exceptions are for litigation strategy matters and attorney advice, 35 real estate transactions where disclosure could affect the transaction,36 employment and personnel-related discussions,37 and sealed bids.38 Exceptions are to be narrowly construed, and there are limitations on them, discussion of which is beyond the scope of this article.

Learn more at the Attorney General’s website at http://www.ago.mo.gov/ missouri-law/sunshine-law.

8. Minutes Of All Meetings Must Be Kept Whenever a governmental body conducts any meeting, it must take and retain meeting minutes. Minutes should include the date, time, place, members present, members absent, and a record of votes taken. 30 Meeting minutes should be reviewed and approved in a timely manner. Minutes must be kept for both open and closed meetings, and if any vote is taken during a closed meeting, the minutes must identify how each member voted.31

9. Emails Are Public Records Under the Sunshine Law, “any member of a public governmental body who transmits any message related to public business by electronic means shall also concurrently transmit that message to either the member’s public office computer or the custodian of records in the same format,” but this is only required when the email is intended to be sent to two or more members of the body and if, counting the sender, a majority of the members are copied.32 This applies to both governmentrelated and personal email addresses and devices.

Importantly, email retained on a governmental body’s computers is a public record under the Sunshine Law. Even if retention would not otherwise be required, if present when a request is made and not exempt, email, even personal email, could be subject to the statute. For that reason, public employees should not use official email servers or addresses for personal business.

As the head of Lewis Rice’s Media Practice Committee, Joe Martineau focuses his practice on media and communications law, with a client list that includes local and national major media representatives.

Martineau writes articles and publications in the fields of defamation and invasion of privacy law, the First Amendment, and media law in general. An adjunct professor at Washington University for 20 years, he teaches a course on communications law. Furthermore, Martineau frequently appears on panels and conferences dealing with media law issues, and he authored the Missouri Bar CLE Tort Law chapters on Defamation, Invasion of Privacy, and Reputational Damages.

Footnotes are available for this article upon request by contacting the League office at (573) 635-9134 or info@mocities.com.

www.mocities.com

11

12 theReview July/August 2017

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13

MML 83rd Annual Conference Sept. 10-13, 2017 | Tan-Tar-A Resort, Osage Beach MML Keynote Address: Jason Roberts Building A Better Block

Jason Roberts Building A Better Block

Jason Roberts is the founder of the Oak Cliff Authority, originator of the Better Block Project, co-founder of the Art Conspiracy and Bike Friendly Oak Cliff.

Roberts worked to revive the Dallas streetcar system and has organized a series of "Better Block" projects, taking depressed blocks with vacant properties and converting them into temporary walkable districts with pop-up businesses, bike lanes, cafe seating and landscaping. His project has now become an international movement and has been featured in The New York Times, Dwell magazine and on National Public Radio.

Roberts has spoken at TEDx Austin and Oklahoma.

He is the recipient of the Champions of Change award in Washington D.C. for work in transportation innovations. Learn more about his work at www.teambetterblock.com.

Wednesday Breakfast Keynote: Vera Culley

Vera Culley St. Louis Police Department

Ms. Vera Culley is a veteran news professional and social media expert. For 12 years, she worked in television media as website content manager, on-air personality and social media manager.

In November 2014, Vera joined the St. Louis County Police Department as the social media coordinator. In this position, Ms. Culley has successfully re-engaged the community in her online efforts for the department. In 2015, Vera was awarded a Chief’s Commendation for her work during the November 2014 Ferguson unrest.

Under her supervision, the St. Louis County Police Department’s social media accounts increased by more than 75,000 followers in just the first year.

Previous Attendee Comments ...

"I love walking away with the feeling that I have learned something and can take that back to my city/community and share that info." " ... a great opportunity to network and learn."

"Excellent speakers and topics. This is one of my favorite conferences because I always come away with new information to help our city."

"As per all of previously attended conferences, very positive experience and time well spent.

I personally value the networking opportunities."

"I feel like the sessions are getting better each year that I attend.

Thank you so much for everything you do for us MML!"

Annual Banquet Entertainment: Comedian Buzz Sutherland!

14 theReview July/August 2017

Don’t Miss These Events!

MML 6th Annual Scholarship Golf Outing Join us for the MML Scholarship Golf outing on Sunday, Sept. 10, 2017. The tournament will be held at The Oaks Golf Course at Tan-Tar-A in Osage Beach. Check-in time is 9 a.m., with a shot-gun start at 10:30 a.m. Proceeds benefit the scholarship program established by the MML Board of Directors to assist those employed in municipal government with furthering their education. Separate registration is required. Learn more at www.mocities.com Exhibit Hall More than 135 firms bring you the latest services tailored for local government success. Exhibits are open Sunday evening during the Grand Opening Reception, 6-7:30 p.m., and Monday, Sept. 11, 8 a.m. – 4:30 p.m.

2017 MML 5K Run/Walk For the first time, MML will host a 5K run/walk. The 5K will be on Sunday, Sept. 10, at 9 a.m., on Tan-Tar-A property. The cost to participate is $15 and includes a shirt.

Cruisin’ the Night Away Join your colleagues on Monday evening, Sept. 11, for a night on the water.

Attendees will cruise 7 -9 p.m. Cost is $25 per person and includes beverages, light appetizers and a cash bar. Limited seating.

MML Annual Conference Hashtag:

#MML17 www.mocities.com

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MML 83rd Annual Conference Schedule At-A-Glance Sunday, September 10 9 a.m. - 4 p.m. CCFOA Master Academy - Communicating for Results & Respect, Managing Conflict 9 a.m.

CONCURRENT - 6th Annual Scholarship Golf Tourney - "The Oaks" Golf Course or 5K run/walk *NEW* Noon Registration 1-3 p.m.

Pre-Conference Workshop - Exercising Your Emotional Intelligence 5 p.m.

Nominating Committee (open session) 5:30 p.m.

Nominating Committee (closed session) 6-7:30 p.m. Grand Opening Reception

Monday, September 11 7:30 a.m.

CCFOA Breakfast (CCFOA members only) and MCMA Breakfast (MCMA members only) 9 a.m.

Welcome/General Session - KEYNOTE: "Build a Better Block," Jason Roberts 10:15 a.m.

"Meet and Greet" with Jason Roberts and coffee break 11 a.m.

CONCURRENT - Legislative Update or Planning & Zoning (MGI) 12:15 p.m. Box Lunch 1:15 p.m.

CONCURRENTS - Employment Law Update (MGI), Building a Universally Accessible Parks System, Police

Outreach and Race Relations Incentives or ISO - The PPC Program 2:30 p.m.

CONCURRENTS - Fundamentals of Municipal Gov. (MGI), The Cyber Threat Lanscape and Free

Resources for Munis, Navigating Between Elected Officials and Staff (CCFOA session) or Legacy Leadership 3:30-4:30 p.m. Snack Party 4 p.m.

Exhibitor Prize Drawings - Main stage (must be present to win) *NEW* 7-9 p.m.

Boat Cruise (limited seating)

Tuesday, September 12 7:30 a.m.

9:45 a.m.

11 a.m.

Noon 2 p.m.

3:15 p.m.

6 p.m.

7 p.m.

Bacon & Business Meeting *NEW* CONCURRENTS - Liability & Risk (MGI), Evaluating Incentives Using a Return on Investment Approach, Using Retirement Benefits to Build Better Communities or Opioid Epidemic CONCURRENTS - Ethics (MGI), Design-Build for Missouri Cities, Essential Elements of a Successful Investment Program or A Performance Management Process (CCFOA session) Awards Luncheon CONCURRENTS - Revenue Sources (MGI), Beyond Beauty: How Native Plants Help Missouri's Communities, Minimum Operating Standards on Municipal Courts (panel) or Innovation Awards CONCURRENTS - Sunshine Law (MGI), Financial Assistance Opportunities from DNR, Fundamentals of Municipal Contracting or Marketing Your Destination Reception Annual Banquet

Wednesday, September 13 7:30 a.m.

9:30 a.m.

Breakfast Buffet - KEYNOTE: Vera Culley, Social Media Coordinator, St. Louis County Police Department Conference Adjourned

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2017 Annual MML Scholarship Golf Tournament | "The Oaks" Golf Course Tan-Tar-A Osage Beach, Missouri Sunday, Sept. 10 | 9 a.m. Registration | 10:30 a.m. Shotgun Format: 4-Person Scramble (Open to all MML officials, consultants, retirees, friends) Gold Sponsor includes (4) golfers (4) mulligans (4) drink tickets (2) hole signs - $600 Silver Sponsor includes (4) golfers (1) hole sign - $500 Bronze Sponsor includes (4) golfers - $400 Hole Sponsor includes signage - $100 Team/Individual Options Individual player - $110 / Includes lunch, drinks, range balls, and a sleeve of balls.

Prizes for closest to the pin, longest drive, etc.

Skins are included in CASH pay-outs.

Register by Sept. 1, 2017. Must be pre-paid.

Requires separate registration.

Register online at www.mocities.com by Sept. 1, 2017, or contact

Tony Russo at (314) 435-3779 or email trusso@cmtengr.com.

www.mocities.com

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MML 83rd Annual Conference MML Nominating Procedures

The 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 nine 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.

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.

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

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 simple, but it is up to you to use it.

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.

MML Annual Conference Hashtag:

#MML17

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MML 83rd Annual Conference 2017 Resolutions Committee

The 2017 Resolutions Committee of the Missouri Municipal League will meet prior to the Conference on July 27 to consider the recommendations of the four separate policy committees. The report of the Resolutions Committee will be made to the delegates at the business meeting during the Conference. 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 Annual 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 approved by official vote of the League’s membership will become the “Municipal Policy Statement” for 2017-2018. This policy will provide the guidelines for the legislative program of the League, and direct the activities of the League’s staff during the 2018 session of the General Assembly.

Mayor Ken McClure of Springfield has been appointed chairman of the Resolutions Committee for 2017.

Download the MML Mobile App for Conference schedules, maps, exhibitors, sponsors, handouts and more!

Scan the QR code below or search "Missouri Municipal League" in your app store!

RESPONSIVE TO YOU. DEDICATED TO YOUR COMMUNITY.

816-525-7881 www.laubermunicipallaw.com

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

www.mocities.com

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83rd MML Annual Conference Sponsors Awards Luncheon Renovate America

Water Bottle Sponsor PFM Asset Management

Photo Booth Siemens

MML Mobile App Hamilton Weber, LLC

2017 Special Sponsors Ameren Missouri American Fidelity Ameritas Investment Corp Charles Schwab & Co. Inc. Cochran Curtis, Heinz, Garrett & O’Keefe, P.C. FGM Architects George K. Baum & Company Gilmore & Bell Missouri Department of Natural Resources - Brownfields Municode/Municipal Code Piper Jaffray & Co. Stifel Voya Financial Advisors 20 theReview July/August 2017

Experts in Municipal Bond Financing Carl Ramey | (314) 342-2242 | rameyc@stifel.com Martin Ghafoori | (314) 342-8467 | ghafoorim@stifel.com Brittany Pullen | (314) 342-2936 | pullenb@stifel.com 501 North Broadway | St. Louis, Missouri 63102 Stifel, Nicolaus & Company, Incorporated | Member SIPC & NYSE | www.stifel.com/publicfinance

Why Should You Visit MML's Website?

• Current Job Opportunities

• Webinars • Daily Local News • MML Conferences • Latest Legislative Action • Publications

• Sample Ordinances

www.mocities.com

www.mocities.com

21

FAQ:SERVICE ANIMALS

by League Staff Every workday your Missouri Municipal League staff answers dozens of questions on municipal issues. This column provides an opportunity to share some of the most frequently asked questions. In this issue, the FAQ will focus on service animals. The information in the column comes from the State of Missouri Disability Portal at http://disability.mo.gov/. As with all legal matters, municipal officials are urged to consult their city attorney for guidance for the specific challenges faced by their municipality. Answers provided in this column should serve only as a general reference.

SERVICE ANIMALS AND THE ADA Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, preventing a child with autism from wandering away, or alerting a person who has hearing loss when someone is approaching from behind.

The Department of Justice continues to receive many questions about how the Americans with Disabilities Act (ADA) applies to service animals. The ADA requires state and local government agencies, businesses, and non-profit organizations that provide goods or services to the public to make “reasonable modifications” in their policies, practices or procedures when necessary to accommodate people with disabilities. Service animal rules fall under this general principle. Accordingly, entities that have a “no pets” policy generally must modify the policy to allow service animals into their facilities.

DEFINITION OF A SERVICE ANIMAL Q. What is a service animal?

Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.

Q. What does “do work or perform tasks” mean?

The dog must be trained to take a specific action when needed to assist the person with a disability. For

22 theReview July/August 2017

example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.

Q. Are emotional support, therapy, comfort or companion animals considered service animals under the ADA? No. These terms are used to describe

animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some state or local governments have laws that allow people to take emotional support animals into public places.

Q. If someone’s dog calms them when having an anxiety attack, does this qualify it as a service animal?

It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the

dog has been trained to sense that an anxiety attack is about to happen and takes a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA.

Q. Does the ADA require service animals to be professionally trained?

No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.

GENERAL RULES Q. What questions can a covered entity’s employees ask to determine if a dog is a service animal?

In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability.

Q. Do service animals have to wear a vest, patch or special harness identifying them as service animals?

Q. My city requires me to register my dog as a service animal. Is this legal under the ADA?

No. The ADA does not require service animals to wear a vest, ID tag or specific harness.

No. Mandatory registration of service animals is not permissible under the ADA. However, as stated above, service animals are subject to the same licensing and vaccination rules that are applied to all dogs.

CERTIFICATION AND REGISTRATION Q. Does the ADA require that service animals be certified as service animals?

No. Covered entities may not require documentation, such as proof that the animal has been certified, trained or licensed as a service animal, as a condition for entry.

Q. My city requires all dogs to be vaccinated. Does this apply to my service animal?

Yes. Individuals who have service animals are not exempt from local animal control or public health requirements.

Q. My city requires all dogs to be registered and licensed.

Does this apply to my service animal?

Yes. Service animals are subject to local dog licensing and registration requirements.

Q. My city/college offers a voluntary registry program for people with disabilities who use service animals and provides a special tag identifying the dogs as service animals. Is this legal under the ADA? Yes. Colleges and other entities, such as local governments, may offer voluntary registries. Many communities maintain a voluntary registry that serves a public purpose, for example, to ensure that emergency staff know to look for service animals during an emergency evacuation process. Some offer a benefit, such as a reduced dog license fee, for individuals who register their service animals. Registries for purposes like this are permitted under the ADA. An entity may not, however, require that a dog be registered as a service animal as a condition of being permitted in public places. This would be a violation of the ADA.

www.mocities.com

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BREEDS Q. Can service animals be any breed of dog?

Yes. The ADA does not restrict the type of dog breeds that can be service animals.

Q. Can individuals with disabilities be refused access to a facility based solely on the breed of their service animal?

No. A service animal may not be excluded based on assumptions or stereotypes about the animal’s breed or how the animal might behave. However, if a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may be excluded. If an animal is excluded for such reasons, staff must still offer their goods or services to the person without the animal present.

determine, on a case-by-case basis, whether a particular service animal can be excluded based on that particular animal’s actual behavior or history, but they may not exclude a service animal because of fears or generalizations about how an animal or breed might behave. It is important to note that breed restrictions differ significantly from jurisdiction to jurisdiction. In fact, some jurisdictions have no breed restrictions.

Q. What can my staff do when a service animal is being disruptive?

If a service animal is out of control and the handler does not take effective action to control it, staff may request that the animal be removed from the premises.

MISCELLANEOUS

Q. If a municipality has an ordinance that bans certain dog breeds, does the ban apply to service animals?

Q. Are gyms, fitness centers, hotels or municipalities that have swimming pools required to allow a service animal in the pool with its handler?

No. Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed, unless the dog poses a direct threat to the health or safety of others.

Under the “direct threat” provisions of the ADA, local jurisdictions need to

No. The ADA does not override public health rules that prohibit dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas where the public is allowed to go.

MIRMA

Missouri Intergovernmental Risk Management Association Phone: 573.817.2554 Web: www.mirma.org

Missouri’s First Municipal Self Insurance Pool

24 theReview July/August 2017

BENEFITS:

RESOURCES For more information about the ADA, please visit www.ADA.gov or call the ADA information line: 800-514-0301 (Voice) and 800-514-0383 (TTY) This information is reprinted with the permission of the U.S. Department of Justice, Civil Rights Division, Disability Rights Section.

For more information about service animals and other disability issues in the State of Missouri, please go to the State of Missouri Disability Portal sponsored by the Governor’s Council on Disability at http://disability.mo.gov/.

@mocities www.facebook.com/mocities www.linkedin.com/company/mocities www.mocities.com (573) 635-9134

One comprehensive package!

Proactive loss prevention training On-site safety training Annual police firearms training Risk Management Grant Program Aquatic audit reimbursement Police accreditation reimbursement Seminars & workshops Video library

COVERAGE:

Workers’ Compensation Property General Liability Public Officials Liability Employment Practices Liability Law Enforcement Liability Automobile Boiler & Machinery Airport

GETTING TO KNOW YOU In this issue, Kirkwood City Clerk Betty Montano shares her thoughts about local government service. and their decisions can have a huge impact on local government and how it operates.

What advice would you offer to someone considering service as a local government official in their community?

Betty Montano City Clerk Kirkwood, Missouri

What sparked your interest in local government?

Montano: I have always been interested in history and government from a young age. When the opportunity came my way to interview for the city of Kirkwood, I knew it would be something that would fulfill my desires to work in government.

When I was appointed as city lerk 7 years later, I had no idea that my lifelong dream had come true.

What has been the toughest lesson you have learned during your career in local government?

Montano: The world is ever-changing and you have to be aware of your surroundings and possible incidents that might occur. After the [city council meeting] shooting in February 2008, my life changed forever. However, out of tragedy good things can happen.

While I am more cautious, I am also more understanding of the fact that it is important to assist customers as individuals. You never know what that person may be going through on that particular day and I do my best to treat everyone as I would want to be treated.

I have also learned that state legislators

Montano: Serving a local community is an experience that is not easily described. I believe there are individuals who were made for public service. They have the full understanding of what it means and that it is a time-honored profession. For me, I am one of the lucky ones who has had the opportunity to serve the public to the best of my ability.

In your opinion, what are the most important issues facing local government today?

Montano: I believe that the issues local government faces now are the laws that are being passed in Jefferson City. More communication between the state legislators and local officials needs to take place so everyone has a full understanding of the needs of the local community and the reasons for the laws that are proposed. In most cases, it seems to me that some type of compromise could be reached. As an MML member, I believe the city of Kirkwood relies on the MML to make our voices heard in Jefferson City.

our historic train station that is operated by volunteers who serve as the first impression of Kirkwood, and they do a great job! From ice cream shops to the Magic House, there is something for everyone in Kirkwood.

What are your interests outside of local government?

Montano: I spend a lot of time with family. We have a large family and there is always some type of competition or event that I enjoy attending.

Where would you most like to travel, and why?

Montano: I have heard many good things about Ireland and would love to go there.

My ancestry goes back to Ireland and Scotland, so I think it would be enjoyable to visit.

MML would like to learn more about your local government career! If you would be interested in participating with the Review's "Getting To Know You" feature, contact Laura Holloway at Lholloway@mocities.com.

How would you describe your city to someone who has never visited?

Montano: Kirkwood is a very charming community with turn-of-the-century homes and a thriving business community. Established in 1853, Kirkwood has long been known for its down-home charm, community pride, nationally recognized schools, vibrant business community, and involved residents. We have been recognized for www.mocities.com

25

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NEW! REGISTER TODAY FOR MML WEBINARS!

"I learned so much that broadened my perspective as a city councilperson and some areas where we need to improve."

~Deanna Guy, City Council, Richmond

Coming Up! July 27, 2017: Planning and Zoning, presented by Paul Martin, Attorney, Paul Martin, P.C. Aug. 23, 2017: Ethics, presented by Patricia Churchill, Attorney, Armstrong Teasdale Missed a webinar? Previous webinars are available to watch. Registration cost is $10 per webinar. Learn more at www.mocities.com/webinars.

26 theReview July/August 2017

Mayors Meeting And Welcome Reception Missouri Mayors from across the state met in Hermann on June 30 for discussion on best practices and to welcome newly elected St. Louis Mayor Lyda Krewson. Dr. Robert Koerber, mayor of Hermann, declared both Mayor Krewson and Kansas City Mayor Sly James honorary Hermannites.

The evening included a trolley ride around the city of Hermann.

Photo Credits: ThisisHermann.com

www.mocities.com

27

LOCAL Review

Tools and Training For Local Government Success 2017 MML Elected Officials Training Conference More than 200 local elected officials from across Missouri, many that were newly elected, spent two days in Columbia in June learning the most pressing topics in local government. The focus of this Conference is to present the top issues and situations an elected official often faces, covering budget basics to the Missouri Sunshine Law. The Conference also serves as a strong refresher for experienced officials and a unique networking opportunity for local officials.

Plan to join us next June in Columbia, Missouri!

28 theReview July/August 2017

www.mocities.com

29

NEWS From The Bench

by Kenneth Heinz

Mack's Creek Partially Dammed

By Supreme Court In a follow-up to the 2014, 2015 and 2016 articles in the The Supreme Court also left in effect the portion of SB 5 MML Review, we report that the Missouri Supreme Court that required an addendum to the annual financial report has upheld the finding of invalidity of Senate Bill 5 in the with calculations regarding the total minor traffic violations case of Normandy v. Greitens, SC 95624 (May 16, 2017). The revenue; the 20 percent cap statewide; and the requirement Circuit Court of Cole County had struck down portions of for every city to annually calculate the costs for minor traffic Senate Bill 5 (Macks Creek II) that generally went into effect violations as a percentage of annual general operating revenue in 2015. A lawsuit was filed by 12 communities and two and pay over any excess. individuals as plaintiffs. The circuit judge Other provisions of SB 5, such as ruled that portions of SB 5 were a special limiting minor traffic violations to $300 law designed solely for St. Louis County for fine and costs; limiting confinement and therefore unconstitutional. SB 5 for minor traffic violations; checking imposed certain minimum standards that What began as a for indigency; custody hearings; barring must be met in St. Louis County within failure to appear charges for minor traffic law to protect against three years, including a balanced budget; violations, income tax setoff for fines; etc., an annual audit; accounting; insurance; alleged speed traps such were unchallenged and unaffected by the six years for police certification by the ruling. as in Mack’s Creek has Commission on Accreditation for Law The Missouri legislature amended SB 5 Enforcement Agencies or the Missouri evolved into a wholesale in 2016 to meet certain legal objections, Police Chief ’s Association; certain written legislative weapon against lowering the maximum fine and costs policies for police; construction code to $225 and addressing housing code review; and website publication. municipalities in Missouri violations.

The plaintiffs argued that portions ...

It will be interesting to see if the of SB 5 should be stricken as being legislature will provide funding for many unfunded mandates in violation of the of the activities and standards set by SB Hancock Amendment. The Supreme 5. Due to the time required for certain of Court reversed in part, holding that the unfunded mandate argument was premature since the these obligations, municipalities may be faced with a dilemma legislature could provide funding in the future. The Court as to whether to begin now to comply or wait perhaps years held that the unfunded mandate as to additional reporting to see if there will be funding. was de minimis, apparently engrafting a new exception to What began as a law to protect against alleged speed traps the Hancock Amendment, even though the Court did not say such as in Mack’s Creek has evolved into a wholesale legislative how much de minimis. weapon against municipalities in Missouri, especially in St. SB 5 reduced the percentage of traffic violation revenue Louis County, regardless of whether a municipality has done statewide from 30 percent to 20 percent. However, it was anything wrong. This Supreme Court decision will have attacked as a special law because it reduced the revenue cap profound effects on this and other areas of the law. from 30 percent to 12.5 percent only in St. Louis County. The Kenneth J. Heinz is a Principal with Curtis, Heinz, Garrett & O’Keefe, Supreme Court upheld the Circuit Court decision of invalidity. P.C. He serves as general counsel for several communities. Heinz has The Court made a lengthy examination of prior decisions been active as special counsel to many municipalities in Missouri and on special laws. It concluded that this was a special law Illinois on municipal issues. He has delivered seminars to many public since no other county could meet the minimum population and private groups at the local and state level on municipal issues, such requirement. This was the first such decision on purely as municipal contracts, zoning and sunshine law. Contact the firm at minimum population. The Supreme Court expressly limited 314-725-8788 or www.chgolaw.com. the applicability of its decision to future special laws. This will Learn more about SB 5 from the July 2015 issue of the be an important decision to keep in mind when confronted Missouri Municipal Review magazine at http://c.ymcdn. com/ with such laws. sites/www.mocities.com/resource resmgr/JulyReview/Macks_ Creek_SB5_ Analysis.pdf.

"

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30 theReview July/August 2017

SOLUTIONS FOR LEGAL ISSUES Bringing experience, integrity and value to clients with municipal, corporate and individual legal needs – from local government, state regulation and business law to family, personal injury, trials and estate planning matters.

EXPERIENCE COUNTS

KENNETH J. HEINZ

EDWARD J. SLUYS

More than 40 years of experience in representing Missouri municipalities.

7 years of legal experience in the areas of local government law, public election, public utilities, civil litigation and appellate law.

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

Keep up with CHGO on LinkedIn

PRINCIPAL

PRINCIPAL

130 S. BEMISTON • SUITE 200 • ST. LOUIS • MO • 63105

314.725.8788 CHGOLAW.COM

Download MML's Mobile App Today!

Event Updates Member News and Info MML Webinars

Social Media

Sessions and Speakers Scan the QR Code or search "Missouri Municipal League" in your app store.

Sponsored by Hamilton Weber, LLC

www.mocities.com

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PROFESSIONAL Directory A Marketplace For Products And Services

PLANNING

MARKET ANALYSIS

ARCHITECTURE

ST. LOUIS

WWW.PGAV.COM

KANSAS CITY

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

Members of: MML ACEC APWA MPRA MCCFOA

Contact: Thomas P. Weis, P.E., President Email: tpw@weisdesigngroup.com Office: 636.207.0832 Fax: 636.207.0328 Visit our website at: www.weisdesigngroup.com

Ellisville

St. Peters

Sauget

Hochschild, Bloom & Company LLP Certified Public Accountants Consultants and Advisors

Governmental Services Financial audits Fraud and forensic accounting Employee benefits Budget assistance Auditing and assurance

Policies and procedures Internal control reviews CAFR consulting Interim support Monthly accounting

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

SMITH&CO. SERVING MISSOURI MUNICIPALITIES SINCE 1966.

CONSULTING ENGINEERS GEOTECHNICAL DRILLING

AN EMPLOYEE OWNED COMPANY 901 VINE STREET POPLAR BLUFF, MISSOURI (573) 785-9621

www.shsmithco.com

You Could Be Making a Buzz!

Contact MML today to be a part of the Professional Services Directory! www.mocities.com Info@mocities.com (573) 635-9134 32 theReview July/August 2017

Water Wastewater Streets/Roads Stormwater Site Plans Bridges

REMEDIATION LAND SURVEYORS Geotechnical Drilling UST’s Airports Industrial Parks

LOCAL Review City of Chesterfield: Veterans Honor Park Dedication Ceremony On May 3, 2017, the city of Chesterfield dedicated the new Veterans Honor Park to honor veterans of the United States Armed Forces; past, present, and future, by acknowledging the sacrifices made, sense of duty, and courage they have displayed in service to our country. Mayor Bob Nation

USTRANSCOM Color Guard presents flags.

and City Administrator Mike Geisel delivered the opening statements for the keynote speaker, Admiral Phil Davidson, C om m a n d e r of t h e Un ite d St ate s F l e e t Forces Command.

(Ret.) Petty Officer First Class Generald Wilson performed the National Anthem.

Parkway Central Band Director, Doug Hoover, and a student trumpet player, Worth Brown, performed “To the Colors� during the raising of the United States flag. The USTRANSCOM Color Guard from Scott Air Force Base proudly presented the flags for raising. Many veterans participated in raising the flags for the first time: US Flag and POW/ MIA flag: Lee Wall, Jan Misuraca, Mayor Nation, Bruce Geiger; Army: Joseph Braun and Bill Johnson; Marines: Stanley Hong and Les Birenbaum; Navy: David Volk, Sr. and Lenny Smith; Coast Guard: Keith Livingstone; Air Force: David Kanevsky, Robert Wunderlich, Bob Wunderlich and Bert Wunderlich; and

The Veterans Honor Park monument star was designed to represent the five branches of the Armed Forces.

Merchant Marines: Fritz Aljets.

The Knights of Columbus Choir, directed by Pat Bacheldor, honored the veterans with several patriotic ensembles.

Living Historians represented veterans from all eras and branches.

To learn more visit the Veterans Honor Park Facebook page.

Call For MML Board Nominations If you would like to be considered for the MML Board of Directors, please send a letter of interest by Aug. 31, 2017, to Mayor Carson Ross, Nominating Committee Chair, at League headquarters: Missouri Municipal League, 1727 Southridge Dr., Jefferson City, Mo., 65109. You may also email Lori Noe at Lnoe@mocities.com or send a fax to 573-635-9009.

Members of the 2017 nominating committee include: Mayor Norm McCourt, Blackjack; Mayor Gerry Welch, Webster Groves; City Attorney Paul Martin, Olivette; Mayor John Olivarri, Osage Beach; Council Member Michael Trapp, Columbia; Mayor Adam Couch, Odessa; Mayor Bill Kolas, Higginsville; Mayor Bill Falkner, St. Joseph; City Manager Mari Macomber, Kirksville; Mayor Bart Niedner, Louisiana; and Mayor Debra Hickey, Battlefield. The nominating committee will meet in open session at the start of the MML Annual Conference at Tan-Tar-A on Sunday, Sept. 10, 2017, to hear from interested parties. The committee will propose a slate of candidates to be voted on by MML members at the MML business meeting on Sept. 12, 2017.

www.mocities.com

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MEMBERS' Notes New Joplin Library

MML Calendar of Events July

14-16 ����� Missouri Municipal Attorneys Association Summer Seminar

17 ����� Missouri Brownfields Conference, Osage Beach, Missouri

27 ����� MML Resolution Committee Meeting, Jefferson City, Missouri

A new library opened in the city of Joplin in June, with new meeting space, an "unconference" room with lounge furniture, outdoor courtyards, a family computer room and more. Learn more about this exciting development for the City at www.joplinpubliclibrary.org!

20 ����� MML West Gate Civic Leadership Banquet, Blue Springs, Missouri 26-27 ����� Missouri Main Street Revitalization Conference, Columbia, Missouri 27 ����� MML Webinar: Planning and Zoning

August 1-2 ����� Missouri Water/Wastewater Annual Conference, Columbia, Missouri 6-8 ����� Missouri Public Transit Association Annual Conference, Springfield, Missouri 21 ����� Solar Eclipse (events statewide) 23 ����� MML Webinar: Ethics

September 4 ����� Labor Day (MML office closed) 10 ����� 6th Annual MML Scholarship Golf Outing 10-13 ����� MML 83rd Annual Conference, Osage Beach, Missouri

Christine Cates Received 2017 Missouri GFOA Excellence in Government Award The Missouri Government Finance Officers Association selected Christine Cates, assistant city administrator of Blue Springs, as this year’s recipient of the Missouri GFOA Excellence in Government Award. The award was presented at the organization’s annual meeting, held this year at Camden on the Lake. The award is sponsored by Piper Jaffray and presented to the government finance professional in Missouri who displays the high standard of leadership, professionalism, ethics, and integrity promoted by Missouri GFOA.

13 ����� Missouri State Legislative Veto Session Begins

15 ����� Financial Disclosure Ordinance Deadline 27-29 ����� Missouri Public Utilities Alliance Annual Conference, Osage Beach, Missouri

October 18 ����� MML Central Regional Meeting, Jefferson City, Missouri 18 ����� MoLAGERS Annual Meeting, Osage Beach, Missouri 22-25 ����� International City Managers Association Annual Meeting, San Antonio, Texas

November 7 ����� Election Day 18 Find more details on www.mocities.com and in the MML monthly e-newsletter.

MML Monthly News

MML's Latest Member News

Are you receiving MML's monthly e-newsletter? We may not have your direct email, or it may be landing in a junk folder. For the latest grant opportunities, MML announcements, local government events and more, be sure to include your direct email in your MML member profile, and add MML to your safe senders list.

Don't miss out!

Watch for the latest member news on the MML website at www.mocities.com.

The Latest News section features the latest updates and achievements from member cities. If you have something to submit, please email Lori Noe at Lnoe@ mocities.com!

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Kansas City Named "AllAmerica City" For Turning The Page Kansas City, Missouri, has earned national recognition as recipient of the All-American City Award for accomplishments in improving education outcomes for children age 0-8.

Kansas City is one of just 15 communities nationwide to receive the award from the National Civic League. A five-time winner of the All-American City Award, Kansas City is cited for reporting measurable progress in school attendance, summer learning and overall grade-level reading for children from low-income families, as well as for exemplary efforts in promoting civic engagement and inclusiveness.

www.mocities.com

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36 theReview July/August 2017