Missouri Municipal Review

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www.mocities.com 1 March/April 2024 REVIEWTHE MISSOURI MUNICIPAL A UNITED VOICE FOR MISSOURI MUNICIPAL LEAGUE COMMUNITIES Employee Surveys | Swimming Pools vs. Splash Pads | POST Certification
Where Tradition Meets Innovation Harrisonville

Beyond investing

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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.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is an affiliate of PFM Asset Management LLC.

2 theReview March/April 2024

MISSOURI MUNICIPAL LEAGUE

BOARD OF DIRECTORS

President: Matt Turner, Alderman, Harrisonville; Vice President: Len Pagano, Mayor, St. Peters; Immediate Past President: Michele Deshay, Mayor, Moline Acres; Judy Bateman, Alderman, St. Peters; Damien Boley, Mayor, Smithville; *Chuck Caverly, Council Member, Maryland Heights; Bryant DeLong, Mayor, North Kansas City; Reed Dupy, Council Member, Chillicothe; *Joe Garritano, Council Member, Wildwood; Jerry Grimmer, Council Member, Bridgeton; Cemal Umut Gungor, City Administrator, Grandview; *Chris Lievsay, Council Member, Blue Springs; Ken McClure, Mayor, Springfield; Sheryl Morgan, Clerk, Blue Springs; Lori Obermoeller, Finance Director, Creve Coeur; Thomas Oldham, Council Member, Sedalia; Ryana ParksShaw, Mayor Pro Tem, Kansas City; Steve Rasmussen, City Manager, Cameron; Marcieta Reed, Alderman, Vinita Park; *Matt Robinson, Mayor, Hazelwood; Mike Roemerman, Mayor, Ellisville; *Kathleen Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Erin Seele, City Attorney, Kirkwood; Robert Smith, Council Member, Poplar Bluff; Gerri Spencer, Alderman, Kearney

*Past President

AFFILIATE GROUPS

Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association

EDITORIAL

Laura Holloway, Editor

Lholloway@mocities.com

Richard Sheets and Lori Noe

Contributing Editors

GRAPHIC DESIGN

Rhonda Miller

The Review March/April 2024; Volume 89, No. 2

The Missouri Municipal Review (ISSN 00266647) 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 info@mocities.com. Website: www.mocities.com.

www.mocities.com 3 March/April 2024; Volume 89, No. 2 CONTENTS THE MISSOURI MUNICIPAL Features 6 Harrisonville, Missouri: Where Tradition Meets Innovation by Daniel Barnett 10 Using Employee Surveys To Improve Employee Retention by Mark Ellickson 15 Municipal Swimming Pools Versus Splash Pads by Dave Wiecher 18 FAQ: POST Certification by Jeremy Spratt 24 News From The Bench: The Trouble With Electronic Records: Creation v. Re-creation Under The Sunshine Law by Tayleur Blaylock and Paul Rost 27 News From The Bench: Police Officers' Bill Of Rights Case Update by Ivan Schraeder Departments 4 President's Review 28 Getting To Know You: Bob Bennett 30 MML 2023 Annual Report 34 MML Legislative Conference 36 Member News 38 MML Calendar Of Events 15 18
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President's Review

" Strong connections with our state legislators will show them we are available to assist as a resource and want to partner with them to strengthen our communities. "

Connections For Success

I am happy to share that MML concluded a very successful MML Legislative Conference in February. Each year, this event highlights our commitment to speaking as one voice at the Missouri State Capitol. It proved to be a well-attended and productive gathering, with good discussions regarding sales taxes, property taxes and broadband. It was wonderful to see so many local leaders meeting with their state legislators. Find a few photos of the event in this issue on pages 34-35 and view all photos on MML’s Flickr site at www.flickr.com/mocities.

I want to encourage you to keep that momentum going as we continue into the year. Strong connections with our state legislators will show them we are available to assist as a resource and want to partner with them to strengthen our communities. These positive relationships contribute strongly to the success of each of our cities and the citizens we all serve.

Connections are so important, whether at the MML events, the Missouri State Capitol, and of course in our own communities. You already work hard at the local level, but do not ignore the importance of connections in Jefferson City.

One way to reach out to your state legislators throughout the year is to include them in the happenings in your community. Make sure they receive your city’s newsletter and other publications. Consider inviting them to an event in your community, from a council meeting to a grand opening. Let them be part of seeing your city thrive and help them feel invested in your successes and challenges.

Of course, take the time to read the MML Capitol Report during this legislative session. MML staff not only guides you on the top issues discussed at the Capitol that week affecting cities, but alerts you to upcoming hearings, and shares the bills where fiscal notes are most helpful. With so many fiscal note requests your city likely receives, this report can help you focus your time where it will have the most impact. If you are not receiving the MML Capitol Report each Friday in your inbox, let us know! Contact MML at (573) 635-9134 or info@mocities.com

Now is also a good time to mark your calendar for MML’s upcoming Elected Officials Training. Registration is open now, and this event offers essential foundational knowledge for new officials while providing seasoned officials with opportunities for continued learning.

Now more than ever, it is essential for us to remain engaged and united in our efforts. The Missouri Municipal League serves as a platform for collaboration and advocacy, and your participation is invaluable.

Let us continue to work together towards the betterment of our communities. As always, thank you for all your service. Your work makes a difference each day to your community and citizens, and your dedication is appreciated.

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Harrisonville, Missouri Where Tradition Meets Innovation

Nestled in the picturesque landscape of western Missouri lies the inviting and innovative city of Harrisonville. Steeped in rich history and brimming with small-town charm, Harrisonville offers a tranquil respite from the hustle and bustle of city life while providing many opportunities for residents and visitors alike. From its burgeoning housing growth to its vibrant community parks and exceptional school district, Harrisonville beckons with open arms to those seeking a slice of authentic Americana.

The area was first settled in 1830, five years before Cass County was established. Harrisonville was officially incorporated in 1837 and named after Missouri Representative Albert G. Harrison. Harrisonville’s early years saw growth in population to approximately 600 people, but the town was greatly affected by the American Civil War. Order No. 11, which placed Missouri’s border counties under Marshall Law and gave residents 15 days to flee rural areas, greatly stifled the growth of Harrisonville for years following the

war. The connection of the Kansas City and Southern Railroad in 1885 enabled Harrisonville to leverage its agricultural assets and reposition itself within the regional economy.

Harrisonville flourished during the early years of the 20th century and benefited from the establishment of new transportation and utility infrastructure. The Jefferson Highway was built in 1916 through downtown Harrisonville along what is now Independence Street, and by the 1920s U.S. Highway 71 provided

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FEATURE Review
Harrisonville City Park.

a significant roadway connection to Kansas City. The Great Depression again stifled growth in Harrisonville, but federal programs enabled the City to advance several public works assets. Following World War II, Harrisonville’s population began to grow again, and the population tripled between 1950 and 1990. Harrisonville today is a community strongly defined by its connection to the region, a high quality of life and unique historical roots.

Located just 40 minutes south of downtown Kansas City, Harrisonville is a community empowered both by its position as the judicial seat of Cass County and by its transportation network and the intermodal access that exists via the interstate system, state highways, airport and railroad access. As business and industry continue to evolve over the next 20 years, Harrisonville is prepared to anchor the region’s modern commercial growth and employment opportunities, and to redefine the industry town for the 21st century.

With its housing growth, vibrant community parks, outstanding school district, and proximity to attractions and major cities, Harrisonville offers a lifestyle that is both idyllic and enriching. Whether you are seeking a place to raise a family, start a business, or simply savor life’s simple pleasures, Harrisonville welcomes you with open arms.

“What sets Harrisonville apart is the people,” Mayor Mike Zaring said. “Specifically, the citizen volunteers that give up countless hours of their personal time for the betterment of the community.”

In recent years, Harrisonville has experienced a surge in housing development, attracting individuals

and families seeking a peaceful and affordable place to call home. With a variety of housing options ranging from cottages to spacious family homes, there is something for everyone in this thriving community.

“I believe the rich history of Harrisonville is special,” City Administrator Brad Ratliff said. “Today, in a county of 115,000 residents, it features more amenities and infrastructure resources than any other city in the county. The community has such a rich and diverse outlook and so many residents who donate time and resources to help those in need.”

Another of Harrisonville’s defining features is a commitment to providing ample green spaces and recreational opportunities for residents. Harrisonville boasts a network of meticulously

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maintained parks, complete with playgrounds, picnic areas and several miles of scenic walking trails. Whether you are looking to enjoy a leisurely afternoon stroll or embark on a family adventure, Harrisonville’s parks offer the perfect backdrop for outdoor recreation and relaxation. Harrisonville boasts more than 400 acres of parkland in its 11 parks, offering an outdoor aquatic center, Scout campground, athletic facilities, and various other recreational facilities.

For families with school-aged children, Harrisonville shines brightly with its exceptional education system. The Harrisonville Cass R-IX School District is renowned for its commitment to academic excellence and student success. With top-notch faculty, stateof-the-art facilities and a diverse array

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Route 47 Missouri River Bridge, Washington, MO
County Courthouse on Historic Square. Log Cabin Festival Parade. Harrisonville Community Center.

of extracurricular activities, students in Harrisonville are provided with the tools and support they need to thrive both inside and outside the classroom. The district’s unwavering dedication to educational excellence has earned it accolades and recognition as one of the finest in the region.

“Being born and raised here, I’ve had the joy of experiencing the community come together and support one another time and time again,” said Ward 4 Alderman and current MML President Matt Turner. “It’s the place I call home and the place I am proud to raise my family.”

History enthusiasts will fall in love with all that Harrisonville has to offer. From the community’s original settling families to its role in the Civil War,

to its dedication to supporting war efforts throughout the 20th Century, Harrisonville boasts a vast and intricate history. The most celebrated piece of Harrisonville’s history is its iconic town square. With four complete blocks listed on the National Register of Historic Places, each building tells a unique story of how the community was born, developed and came to be what it is today. New investment is helping to revitalize and properly preserve this treasured asset, welcoming new and exciting shops, boutiques and restaurants.

For those seeking even more adventure, Harrisonville’s strategic positioning and connectivity offers easy access to a wealth of attractions and amenities. Situated just a short drive

from bustling Kansas City, residents of Harrisonville can enjoy the best of both worlds – the tranquility of small-town living and the excitement of urban exploration. Additionally, Harrisonville’s central location provides convenient access to a myriad of outdoor recreational destinations, including scenic lakes, hiking trails and nature preserves.

“Harrisonville is so much more than a community of 10,000 residents. It’s truly a hidden gem in the KC Metro,” Ratliff said.

As Harrisonville continues to strive for growth and innovation, the extension of Royal Street from MO-291 Highway to Jefferson Parkway is one of the cornerstones of momentum for the community. Through a strategic partnership between the City and the MO-291/71 Transportation Development District (TDD), this innovative project provides access to untapped development potential on the north end of town and will be a focal point for both commercial developments, such as restaurants, retail stores and hotels, and for residential developments that serve a wide range of demographics. This $24 million project will include one mile of three-lane road; connecting Route 291 with Jefferson Pkwy.; curbed/enclosed drainage; lighting; water mains and buried electrical main; tournament-style athletic fields; rodeo arena and livestock show barn; and a storm water retention pond with nearly a mile of sidewalk and walking paths.

“Expanding Royal Street will open up 200 acres of development opportunities, from retail to residential expansion,” Ratliff said. “The opportunity for the ball fields to draw tournaments creates

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Restored Sharp-Hopper Log Cabin (1835). Marler-Wirt-Allen Park.

a regional draw that brings thousands of competitors and their families to town every weekend – a huge win for our community!”

Construction is scheduled to begin in the spring of 2024, with a ribbon cutting for the roads by Oct. 1, 2025, and the parks sports amenities will open by March 1, 2026.

Another key development for the City is the extension of Commercial Street. Harrisonville has always been a hub of transportation, as several state highways, an interstate and multiple rail lines carry products to and through the community. Many companies ship through Harrisonville, but these numbers are expected to grow exponentially once access to highways and interstates is streamlined. The project will create a direct access point from the City’s growing industrial corridor to the I-49/Commercial Street interchange and reimagine the state of the shipping industry in Harrisonville. Construction on the project is scheduled to begin in the first quarter of 2025.

“My hope is to see Harrisonville grow in a healthy way that always maintains our small-town values but keeps our eyes always open, looking for innovative and dynamic ways to move our community forward,” Zaring said.

Over nearly two centuries, Harrisonville has established itself as a quintessential American small town with significant historic assets, high quality of life and strong regional

positioning. The continued evolution of the community will focus on building upon these assets to make Harrisonville a competitive, highly sought-after place to grow up, raise a family, build a career, start a business and enjoy retirement within the Kansas City region – a place to call home. A place Where Tradition Meets Innovation.

Daniel Barnett serves as the city clerk and public information officer for the city of Harrisonville. He holds a bachelor’s degree in digital media production from the University of Central Missouri and has served in municipal government for five years. Learn more about Harrisonville at www.harrisonville.com.

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Royal Street extension design from MO-291 Highway to Jefferson Parkway.
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Using Employee Surveys To Improve Employee Retention

Attracting and retaining employees poses a difficult challenge for many municipalities, a challenge that has become more pronounced in recent years due to America’s aging workforce, the aftermath of the COVID-19 pandemic, and shifting workplace preferences embraced by Millennials and Generation Z workers. Fortunately, employee surveys are a powerful diagnostic tool that can be used to track key aspects of employee work life, diagnose problem areas before they escalate out of control, and assist municipalities in formulating targeted strategies that improve employee job satisfaction and engagement, thus enhancing employee retention.

Using Employee Surveys To Predict and Identify Key Drivers Of Retention

The single best predictor of turnover behavior is turnover intent. Survey questions concerning turnover intentions typically focus on an employee’s intent to stay (or leave) within the next 12 months. These types of questions are good predictors of actual turnover behavior as research shows that intention to quit correlates strongly with actual turnover. Unfortunately, turnover intent by itself does not explain “why” employees intend to stay or leave, nor does it inform an organization what to do about it. This is

where employee surveys come in handy. Employee surveys provide a structured way for employees to assess their work environment – highlighting both strengths and weaknesses. Moreover, statistical analysis of survey responses can identify key “drivers” of employee retention and pinpoint specific areas requiring attention. Workplace factors believed to exert a substantial influence on employee turnover and commonly evaluated in employee surveys include:

1. Job Satisfaction: Job satisfaction is a holistic measure of how content employees are with their job. Factors contributing to job satisfaction include interesting and challenging work, alignment with personal values, and a sense of purpose. Research has consistently found a strong link between job satisfaction and employee retention, underscoring the need for organizations to regularly assess and address factors that enhance satisfaction.

2. Work-Life Balance: Maintaining a healthy worklife balance is increasingly important for employees. This holds particularly true for Millennials and Generation Z employees who are much more likely to report experiencing burnout than older generations. Municipalities that support work-life balance, offer flexible work arrangements, and prioritize employee

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well-being are more likely to retain their workforce. Employee surveys can identify specific areas where employees feel improvements could be made to better support work-life balance.

3. Career Development Opportunities: Opportunities for professional growth, skill development and career advancement are crucial drivers of retention. Employees are more likely to stay when they see a clear path for career progression. Additionally, through the utilization of demographic data collected from the survey, training programs can be tailored to address the unique requirements of employees based on factors such as gender, age, tenure, etc.

4. Compensation And Benefits: Offering competitive salaries and comprehensive benefits packages is essential for attracting and retaining employees. Employee surveys enable municipalities to assess how competitive their compensation and benefits packages are in comparison to industry standards and the local job market. While local governments face significant obstacles in competing with salaries offered by the private sector, they do hold a distinct advantage in areas such as pension plans and healthcare benefits.

5. Effective Leadership: Leadership plays a significant role in retention. Effective leaders are those who are willing to listen, keep employees informed, provide clear work expectations, are motivational and supportive, and are perceived as competent and ethical.

6. Recognition And Appreciation: Recognition for a job well done is a powerful motivator. Regular feedback, acknowledgment of achievements, and tangible rewards contribute to a positive work experience. Employees who feel recognized and appreciated are more likely to stay committed to the organization.

7. Clear Communication: Transparent and clear communication from leadership about organizational goals, changes and expectations fosters trust. Employees are more likely to remain in an organization where communication is open and honest.

8. Employee Engagement: Assessing employee engagement, encompassing aspects such as participation in decision-making, dedication to the organization’s mission, and a feeling of belonging, is essential in predicting turnover. Organizations

that prioritize and actively work towards increasing employee engagement are much more likely to experience lower turnover rates than those that do not.

9. Workload Distribution: Employee perceptions of excessive or unfair workload demands are linked to elevated levels of work stress, diminished job satisfaction, and an increased propensity for turnover.

10. Organizational Pride: Organizational pride is the emotional connection that employees develop by identifying with the achievements and reputation of the organization. Employees possessing a strong sense of organizational pride view their organization as a meaningful, significant and valuable contributor to society. Not surprisingly, organizational pride is considered one of the most powerful drivers of employee job satisfaction, engagement and retention.

Linking Survey Results To Actual Turnover

While identifying aspects of the work environment linked to employee turnover is essential, even more valuable is discerning which workplace aspects exert the most powerful impact. This is achieved through an advanced statistical procedure known as multiple regression, that can identify and quantify workplace factors that have the most influence on turnover behavior. Armed with this data, local government officials can concentrate their efforts on workplace factors that are most likely to enhance employee retention. Moreover, by using a statistical procedure known as crosstab analysis, it is possible to develop “targeted” retention strategies based on specific employee demographics and job-related characteristics.

Exit Surveys

Exit surveys are also a potential source of data for understanding the reasons behind employee departures and can offer insights when making improvements to retain existing employees.

Typically structured to include questions about reasons for leaving, exit interviews may include questions about what triggered the employee to leave or what could have influenced them to stay. Findings from exit surveys can be transformed into closed-ended survey questions for use in future employee surveys.

Elements Of An Effective Employee Survey

1. Anonymity And Confidentiality: To encourage honest feedback, employee responses should be anonymous and confidential. Employees are much more likely to provide candid responses when they feel their feedback is secure.

2. Open-Ended Questions: Although most questions in employee surveys will be closed-ended, typically using Likertscale formats for ease of completion, integrating multiple open-ended questions into the survey enables employees to provide detailed and nuanced responses that quantitative questions are unable to capture.

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3. Professionalism And Credibility: To ensure survey results are viewed by employees as credible, and because of the sensitivity of many issues normally covered in an employee survey, municipalities often enlist the services of a professional research company. In consultation with city leaders, a professional consultant will design the cover letter and questionnaire, receive the completed questionnaires, clean the data, statistically weight the data (if necessary), statistically analyze the data, interpret the findings, and submit a written report. Because city personnel are fully removed from the entire research process, employees can be assured that their responses are anonymous and confidential.

4. Employee Feedback: Employees expect to receive timely feedback regarding survey findings. This does not imply that each employee wishes to see data from every survey item; however, most employees expect to see a summary of the overall findings and potential actions based on those findings. A lack of feedback will lead employees to disregard the process, resulting in a substantial decline in future survey participation.

5. Management Action: After city leaders have had an opportunity to review the survey results, establish priorities, and formulate actions to tackle “high priority” issues, they must convey to employees the specific steps or actions being implemented to address these issues. This information can be disseminated through different channels, such as email, the city newsletter, staff meetings and quarterly supervisors’ meetings. If employee surveys are conducted on a regular

basis, city leaders can inform employees of changes in the survey cover letter. For example, “Last year’s survey included a question about retirement benefit options and the survey results led to a recommendation for the Rule of 80 that was adopted by the city council. Moreover, new questions have been added to this year’s survey based on employee input received last year.”

Conclusion

Employee surveys are an effective means of upward communication, representing one of the few formal channels for employees to provide candid feedback about their work lives. Consequently, they function as a powerful diagnostic tool that proactively identifies retention issues. However, employee surveys do not directly solve problems; instead, their primary purpose is to recognize potential problems (and opportunities) and act as a catalyst for change. When used in this capacity, employee surveys provide critical insights that assist city officials in fostering a positive work environment that not only attracts high-quality employees but also retains them in the long run.

Dr. Mark Ellickson, Ph.D. (Political Science/Public Administration), is president of Opinion Research Specialists (ORS), a full-service research consulting firm established in 1991 and located in Springfield, Missouri. Dr. Ellickson can be reached at mellickson@ellicksonresearch.com or (417) 889-4506. Please visit ORS-MO.com for more information about Opinion Research Specialists, LLC.

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Municipal Swimming Pools Versus Splash Pads

As we approached 2020, innovation in municipal aquatic facilities was advancing at a great clip. Then Covid hit and municipalities pulled back as families went into isolation. Those were dark days, but it also reinforced the value and community connectivity of well-designed municipal swimming pools and splash pads. Three years later, supply chain constrictions have eased, and families yearn to connect even more. But in the welcome return of community enrichment stifled by the pandemic, what’s best for a municipality – a swimming pool or a splash pad or combination of both? Let’s take a look.

Everything begins with a municipality’s needs and a feasibility study to meet those needs. Citizen surveys and public hearings ultimately define the need. Thoughtful budgeting and fine-tuning design and construction will ultimately shape the outcome.

Swimming pools are obviously more expensive than splash pads, both to

build and maintain. It requires a fulltime lifeguard staff, more pumps, filters, chemicals, support infrastructure like bath houses and concessions, specialized electrical systems, more maintenance and greater liability costs. A municipal swimming pool for a small Missouri town can generally run $3 million to $3.5 million or more to build.

The cost of a standard municipal splash pad is largely dependent on whether it is a drain-away system or requires filtration to recycle chemically treated water. Drain-away splash pads tap into the potable municipal water supply and let it drain into the sewer system. It can cost $350,000 to $500,000 to build, but it also uses enormous amounts of water. A drain-away splash pad can use 20,000 to 50,000 gallons of water a day or upwards to a million gallons from a Memorial Day opening to a Labor Day closing.

A splash pad with a filtration system requires more infrastructure – a holding

tank, pumps, filtration and chemicals – and can cost $450,000 or more, depending on its size. But because the water is being treated and recirculated, it can use up to 200 gallons a day or approximately 25,000 gallons depending on backwashing needs and the frequency of draining tanks through the same three-month summer season.

When opting for a swimming pool, municipalities need to think about its functionality, an important part of any feasibility study. Some cities have the capacity to field swim teams making a lap pool a consideration. Pools are also very much “hang out” areas for people of all ages, but especially teens, with a little fun mixed in. That will dictate a number of things – a diving board, perhaps an edge-of-the-water rock climbing feature, a shallow-end bucket splash and other drenching aquatics. It may feature a zero-entry for families with small children with features found in splash pads.

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FEATURE Review

Larger cities typically want a robust concession area while smaller cities tend to go with small snack bars – both concepts are designed to keep people at the pool longer. Likewise, bath houses with changing areas, showers and restrooms are standard amenities and need to be factored into planning and budgeting for pools.

A growing trend seen by Capri Pools & Aquatics is themed splash pads designed to support child development. In Sedalia, Missouri, it takes shape in a musical-themed splash pad – animated with instruments. Patrons are greeted by the neck of a guitar painted on the walkway leading to the main body of the instrument that enlivens the pad. Bench seating and surrounding wet areas of the pad are painted to look like piano keys. In Florissant, Missouri, the splash pad features some ADA elements, including an Aqua Gather station where a wheelchair can fit under an interactive splash table. It also features a pour-inplace rubber surface and an interactive

Hydro Helix, an umbrella-like feature that that can be spun to create a fun helix pattern as it sheds water. The key outcome in both is children playing and engaging in the spray area and learning. They developed social skills along with

tactile, balance, motor skills and play imagination, all stimulated safely on a wet surface with water cascading from an animated playground that fires the imagination. Meanwhile, parents can play with their children or engage with

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one another as their kids delight in a watery wonderland.

All municipalities need to consider the cost of maintenance in the planning stages. Swimming pools will need to be covered and winterized. Water lines will need to be drained, plugged and protected with anti-freeze over the winter months. Pools will generally need to be painted every three to five years and plaster or quartz surfaced pools will need to be replaced every eight to 10 years. Motors and pumps, of which there are many with pools, can have a life span of three to eight years. Idle time in cold climates tends to create more wear and tear on motors. Other maintenance factors to budget are sanitizing chemicals, pool cleaning and lifeguards. A well-designed and maintained pool should have a 25- to 30-year life span.

Likewise, splash pads require winterizing and yearly maintenance that should be part of initial planning.

Fortunately, other expenses such as chemicals and pump maintenance are much lower than pools. Splash pads also do not require lifeguards. Some cities opt for a broom-finished concrete surface to mitigate slipping on tiny feet. Communities also select unpainted surfaces to allow more of the budget to be devoted to other amenities by avoiding yearly repainting. Spray nozzles should be selected that can be easily unclogged and consideration should be given to play features that are easily replaceable without having to tear up the concrete. A well-designed splash pad with easy maintenance in mind should last 15 to 20 years.

Finally, with a little forethought, splash pads can have a longer season than pools – opening two weeks before a pool opens and closing two weeks after pools are shut down. Where splash pads are part of a main pool, this extended play time will require thought on fencing or some way to keep young children

confined to the splash pad area and not wander off toward the dormant pool. Otherwise, a stand-alone splash pad in a park should not require fencing.

Municipalities can embrace the community enrichment value of pools and splash pads that connect their citizens through leisure and play as they cool off during hot Missouri summers. But optimal and enduring value begins with careful planning with a purpose if municipalities want to make a big splash with the community they serve.

Dave Wiecher is vice president of St. Charles-based Capri Pools & Aquatics. With 38 years’ experience in the aquatics industry, he leads his team in designing and constructing both new and renovated aquatic centers, commercial pools, spas and splash pads. For more information, visit www.capripool.com.

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FAQ: POST Certification

In 2023, Governor Mike Parson signed into law Senate Bill 186, making 600 hours of basic law enforcement training the minimum to become a peace officer in Missouri. All of Missouri’s basic training academies had provided 600 hours or more of basic training since 2007, but state statute specified that no more than 600 hours of training could be required. That meant the Missouri’s Peace Officer Standards and Training (POST) Commission could only add training in additional subject areas by reducing training in other areas to comply with state statute.

At its Oct. 5, 2023, meeting, the POST Commission formed a subcommittee to explore a recommendation to increase the minimum hours to add a basic training academy requirement for active shooter/threat response training and training in recognizing and responding to human trafficking. Currently, those proposals are still under study. Because of the action in this area, we reached out to the Missouri POST Program, which is a unit of the Missouri Department of Public Safety, to get a look at what POST does and the training standards for law enforcement officers in Missouri.

What is the POST training program?

Missouri has 21 licensed basic training centers across the state. These are a combination of academies run by law enforcement organizations, higher education institutions and professional associations. Each is subject to on-site inspections, programmatic audits and unscheduled site visits. A basic training center license must be renewed every three years. State licensed basic training academies are listed at https:// dps.mo.gov/dir/programs/post/training.php

Can someone be a police officer without completing POST training?

No, state law is clear about this: Missouri statute 590.020 states that “No person shall hold a commission as a peace officer without a valid peace officer license.”

What are the minimum hours needed for POST licensing?

It is important to recognize that many Missouri law enforcement training academies provide more than the required 600 hours of basic law enforcement training, but the basic training academy requirement is now 600 hours. The additional training supplements the mandatory basic training curriculum. The Code of State Regulation requires that Missouri State Highway Patrol Troopers and Missouri Department of Conservation Agents receive at least 1,000 hours of basic training. Each of those academies actually provide more than 1,200 hours of instruction. Several municipal police training academies also provide more than 1,000 hours of instruction.

What are individual areas of study or kinds of topics covered in the training?

• Three hours in Administrative Procedures, including academy orientation, rules and regulations, and basic study skills and notetaking.

• Seventy-seven hours is required in Legal Studies, including 32 hours in Constitutional Law (rules of evidence, searches and seizures, confessions, etc.); 32 hours of Missouri Statutory Law (Missouri criminal statutes, traffic law, traffic and vehicle equipment regulations, registration, licensing and insurance, etc.);

• Sixty hours is required in Interpersonal Perspectives, including 32 hours in domestic violence and child abuse and neglect training; 24 hours in human behavior training, including tactical communications, cultural diversity, dealing with aggressive behavior, dealing with death, and ethics and professionalism;

• Two hundred forty-two hours in required in Technical Studies, including 56 hours in patrol and jail management; 53 hours in criminal investigation; 40 hours in first responder medical training; 38 hours in traffic accident and law enforcement; 37 hours of report writing; and 12 hours in homeland security training.

• Two hundred eighteen hours is required in Skills Development, including 62 hours in defensive tactics (mechanics of arrests, concepts of defensive tactics, active defense measures; handcuffing and restraint; weapons retention and disarming; ground fighting techniques and use of force scenarios, etc.); 66 hours of firearms training, including marksmanship; handgun, shotgun and rifle skills development; and shooting decisions; 34 hours of physical training and wellbeing (includes stress management and health, fitness and nutrition); 24 hours of driver training, including emergency maneuver techniques and fundamentals for law enforcement driving and 32 hours of scenario-based training , simulating potential real world encounters.

18 theReview March/April 2024
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Besides tracking training requirements, does the POST program look at other factors?

A person may be eligible for licensing as a peace officer if the individual:

• is 21 years of age.

• is a United States citizen.

• holds a valid high school diploma or equivalent.

• graduated from a Basic Law Enforcement Training Center.

• has passed the Missouri Peace Officer License Exam.

• has no criminal history as outlined in RSMo Section 590.080.1 and RSMo Section 590.100.1. Basic training recruits must have a criminal record check run on their fingerprints and are enrolled into RAPBACK, which alerts the POST Program if a person is arrested and fingerprinted in Missouri or any other state when the arrest is reported to the Federal Bureau of Investigation.

• has not had their peace officer license or certification revoked in another state, verified through the National Decertification Index.

What are the ongoing training requirements?

Missouri law also requires that all law enforcement officers receive a minimum of 24 hours of continuing law enforcement education (CLEE) training each year, with at least eight of those hours coming from approved training providers (the other hours must be POST-approved courses but can come from any approved organization or individual.) The 24 hours of annual training must include a minimum of two hours of legal studies; two hours of technical studies; two hours of firearms skill development; and two hours of interpersonal perspectives.

As part of the 24 hours of CLEE training, the training topics of racial profiling, implicit bias, and de-escalation, one hour in each, must also be covered.

• Two hours in legal studies.

• Two hours in technical studies.

• Two hours in interpersonal perspectives.

• Two hours of skill development in the area of firearms.

• Sixteen hours of electives (any of the above-listed core curricula areas).

• One hour of racialpProfiling training.

• One hour of implicit bias training; and

• One hour of de-escalation training.

Note: (racial profiling, implicit bias, and de-escalation training are part of the required 24 hours, not in addition to it.)

If a Missouri peace officer does not complete the required annual continuing law enforcement education training each year, his/her license becomes inactive, and that person cannot work as a law enforcement officer for any Missouri agency until the CLEE requirement has been met. Extensions or waivers can be provided to officers who did not complete CLEE training because of medical leave or military leave of absence.

Where or how are POST training courses provided?

The POST program team monitors officer training to ensure that annual continuing law enforcement education (CLEE) requirements are met but does not provide law enforcement training to officers. Instead, POST approves CLEE training by instructors/organizations that submit a detailed synopsis or a detailed summary of the course to be delivered, along with other required documentation, such as the instructor’s record, learning objectives, sample certificate, etc. If approved through this process, CLEE training can be provided by law enforcement agencies (including to officers from any other law enforcement agency); licensed provider organizations/ agencies of continuing education and other approved providers of continuing education.

CLEE hours may also be acquired through college courses or military training that is related to law enforcement, criminal justice related or are for the development of law enforcement administrative skills. Officers who teach CLEE courses in Missouri may also earn one hour of CLEE credit for each hour of continuing education or a basic training course taught.

Of the 24 hours of annual CLEE training required, 22 of the 24 hours can be

20 theReview March/April 2024

LOCATIONS TO SERVE YOU, WHERE YOU ARE.

completed via computer-based training. The remaining two hours of Skill Development – Firearms training must be completed through live, hands-on instruction.

Learn more about POST continuing law enforcement education, courses and licensed training centers at www.dps. mo.gov/dir/programs/post.

Does Missouri accept the licenses of law enforcement officers trained in other states and is it possible for a law enforcement officer who has left the profession to get their license back?

A veteran or former law enforcement officer from Missouri whose license has expired (licenses expire after five years without a commission), and an out-of-state, federal or military peace officer may apply for a Missouri peace officer license without attending a Missouri basic training academy. The POST Missouri Peace Officer Licensing Handbook includes an applicant assessment so that applicants can quickly determine if they will qualify.

Veteran or former law enforcement officers from other states who are determined to meet Missouri licensing standards

through equivalent training and service, and who pass a background check and the Missouri Peace Officer License Exam, can be licensed in Missouri. Missouri POST will confirm with the licensing authority in the state(s) in which the officer had been licensed had no disciplinary issues. In addition, POST runs all applicants through the National Decertification Index, a national registry of certificate or license revocation actions related to officer misconduct as reported by participating state government agencies.

A veteran or former law enforcement officer from Missouri whose license has expired (licenses expire after five years) can submit an application for relicensing by POST.

Are there scholarship programs to assist recruits attending a basic training center?

In 2023, Missouri introduced the Missouri Blue Scholarship, a law enforcement scholarship program administered by the POST Program that makes up to $5,000 available for each selected non-sponsored Missouri law enforcement academy recruit to help cover the cost of basic training. Recruits can apply for the scholarship prior to the start of basic training. In its first year, 217 Blue Scholarships were awarded, utilizing the full appropriation of $1 million for Fiscal Year 2023. For Fiscal Year 2024, $2 million was appropriated to the scholarship fund. Applications can be submitted for the current fiscal year through June 1, 2024. Missourians may also utilize federal Pell Grants and the G.I. Bill to assist with training academy tuition. (Some Missouri training academies that are run by law enforcement agencies do not charge tuition to their own recruits (and actually pay a salary) and other agencies that do not have their own academies may sponsor recruits, paying for tuition and, sometimes, paying them a salary.

Jeremy Spratt is the manager of the Missouri Peace Officer Standards and Training (POST) Program in the director’s office of the Department of Public Safety. Jeremy has been with the POST Program since 1998 and previously worked as both a municipal police officer and a deputy sheriff.

www.mocities.com 21
The choice of a lawyer is an important decision and should not be based solely on advertisements.
LauberMunicipalLaw.com 816-525-7881
Find more information and details about POST training, courses, requirements and training centers at https://dps.mo.gov/dir/programs/post/
22 theReview March/April 2024 Elected Officials Training Conference MISSOURI MUNICIPAL LEAGUE HOLIDAY INN EXECUTIVE CENTER • COLUMBIA, MISSOURI LEARN MORE AT WWW.MOCITIES.COM HOTEL INFO Holiday Inn Executive Center 2200 I-70 Drive SW Columbia, MO 65205 (573) 203-8178 Room rate: $115.00 Room cutoff date: May 6, 2024 ABOUT This Conference provides a nuts and bolts review of the myriad of important issues municipal officials face on a regular basis, from Sunshine Law to effective staff/council relations, ethics and public works contracting to budgets and more! PRICING Full registration $150 (in-person registration) $145 (virtual registration) VIRTUAL OPTION AVAILABLE!

Bob’s specialty is helping successful leaders break through the barriers keeping them from achieving their next level of impact. He has more than 20 years of C-Suite experience, including time spent as an award-winning hospital COO, a faith-based nonprofit leader, entrepreneur, and an executive coach in organizations ranging from startups to Fortune 100 corporations. Bob has a proven track record of helping leaders create transformation in themselves, their teams, their organizations, and community.

www.mocities.com 23
MML ELECTED OFFICIALS TRAINING CONFERENCE Thursday, June 6 9 a.m. Registration 9:45 a.m. Welcome - Richard Sheets, Executive Director, Missouri Municipal League 10 a.m. MML Services - Ramona Huckstep, Policy and Membership Associate, Missouri Municipal League 10:30 a.m. Fundamentals of Municipal Government - Allen Garner, Attorney, Allen Garner Law, LLC 11:30 a.m. Conducting City Business - John Young, Attorney, Hamilton Weber, LLC 12:30 p.m. Lunch 1:30 p.m. Budgets - Jeana Woods, City Administrator, Osage Beach 2:30 p.m. Break 2:45 p.m. Ethics - Casey Lawrence, Compliance and Education Specialist and Kaley Burroughs, Compliance and Education Specialist, Missouri Ethics Commission 3:45 p.m. Break 4 p.m. Emergency Management - FEMA 5 p.m. Adjourn 5:30 p.m. Reception/Networking Friday, June 7 7:30 a.m. Breakfast 8 a.m. KEYNOTE: Confident Communication - Bob Willumsen, Potential 2 Results, LLC 9 a.m. Break 9:15 a.m. Public Works Contracting - John Butz, City Manager, Rolla 10:15 a.m. Effective Staff/Council Relations - Joe Lauber, Attorney, Lauber Municipal Law, P.C. 11:15 a.m. Break 11:30 a.m. Missouri Sunshine Law - Jay Turner, Director of Sunshine Law Compliance, Missouri Attorney General’s Office 12:30 p.m. Adjourn 8 hours of MGI and 1 hour of AMGI credit available!
2024 Agenda
WWW.MOCITIES.COM Keynote Speaker BOB WILLUMSEN

The Trouble With Electronic Records: Creation v. Re-creation Under The Sunshine Law

The Missouri Sunshine Law allows public access to governmental records and meetings. Missouri courts have recognized that the “plain language of the Sunshine Law does not require a public governmental body to create a new record upon request, but only to provide access to existing records held or maintained by the public governmental body.” Jones v. Jackson County Circuit Court, 162 S.W.3d 53, 60 (Mo. App. 2005). The Eastern District Court of Appeals recently explained, however, that in certain circumstances a municipality or governmental body is required to reproduce discarded records that were previously in existence.

In Weeks v. St. Louis County, Mo., et al, --- S.W.3d --- (ED 111496 2023) (motion for rehearing and/or transfer denied January 08, 2024), the requestor sought information relating to vehicle stops made by several police departments.

One request at issue in the case was initially submitted to the City of Webster Groves (City), and then referred to the Regional Justice Information Services Commission (REJIS), because the City had contracted with REJIS to generate a report compiled from records of motor vehicle stops as required by Section 590.650 RSMo. Although REJIS had told the requester Weeks that it “could recreate the reports …[in] approximately four hours at a cost of $352” and although Weeks had agreed to pay the estimated cost, the City denied the request and instructed REJIS not to recreate the reports on the grounds that the requested records had been discarded by the City (i.e., not retained) and REJIS would have to re-generate the reports, stating that the Sunshine Law does not “mandate the creation and generation of custom reports upon request.” The trial court agreed and

granted summary judgment in favor of the City.

The Court of Appeals, though, reversed the trial court rejecting this argument, noting “Section 610.010(6) mandates that any document or study prepared for a public governmental body by a professional service, such as REJIS, shall be retained by the public governmental body.” In holding that the City was required to provide the records, the Court of Appeals explained that recreating these reports, that had been previously prepared, did not amount to creating a new, custom report that is not typically prepared.

The request also sought information that was not required to be contained in the requested reports under Section 590.650 RSMo. The Court of Appeals upheld the denial of this information, again explaining that the Sunshine Law does not require a city to generate a new record containing information compiled from existing records. The Court reasoned that although the Jones court recognized that public governmental bodies are not required to create a new record in response to a Sunshine request, at issue in Jones was a request for select information gleaned from multiple records, and then compiled into a new, custom record that was not typically generated. In contrast, the Weeks request, the Court said, only sought records that had previously been prepared on behalf of the City but had subsequently been destroyed. The Weeks decision refined Jones by holding that the Sunshine Law does not require creating atypical, “custom” records but does require providing access to “records … typically generated and compiled … in the usual course of business” even if that requires recreating or reproducing such records.

24 theReview March/April 2024
NEWS
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In addition to diverging from Jones, the Weeks decision seems to be a qualification of the Western District’s holding in Sansone v. Governor of Missouri, 648 S.W.3d 13, 24 (Mo. App. W.D. 2022). In Sansone, the Western District Court of Appeals considered whether the Governor’s office violated the Sunshine Law and record retention policy by allowing employees to use a messaging application, Confide, that automatically deleted messages sent and received through the application. Sansone submitted a Sunshine request to the Governor’s office for records relating to messages sent and received using the Confide application, information relating to user accounts, and dates and times messages were sent and received. Evidence demonstrated that Confide deletes messages from both the sender’s and recipient’s phones after a short time, and that deleted messages were not recoverable using forensic methodology. The court focused on the Sunshine Law’s definition of “public record,” noting that the law only requires public governmental bodies provide access to public records actually in existence and in the agency’s possession or under their control at the time of the request. A record must be retained by the public governmental body to be a “public record.” Since the messages were not in existence, in the custody of the Governor’s office, or retrievable at the time of Sansone’s request, there was no violation of the Sunshine Law for failing to provide them. The court noted that the use of ephemeral messaging applications, like Confide, has the practical effect of side-stepping the purpose of the Sunshine Law (or at least the records retention laws), but stated that updated legislation would be required to address the concerns associated with cellular phone technology.

In the end, the distinction between Jones (no requirement to create a record) and Weeks lies in the difference in the requests: Jones requested a custom report not typically generated while Weeks sought a report that the City’s contractor not only generated monthly and annually but that was required to be produced to the Attorney General by law which made it a routine, relatively easy to recreate report. And the distinction between Sansone and Weeks arises from

the fact that the evidence in Sansone showed the requested records were not recoverable using any forensic technique while the evidence in Weeks showed that data from which the records had been created still existed and the reports could be re-created in a relatively short time.

Finally, the Weeks decision demonstrates that Sunshine Law’s reach is not just to the public governmental body’s records but also records “prepared for the public governmental body by a consultant or other professional

www.mocities.com 25
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Police Officers' Bill Of Rights Case Update

Senate Bill 26 was introduced in December 2020, and it included the provision for the police officers’ bill of rights under Ch. 590 RSMo relating to imposing discipline on law enforcement officers. The bill with 88 other provisions was adopted by the state and then challenged by the city of St. Louis on numerous grounds. (City of St. Louis v. State of Missouri, Case No. SC99876, issued on January 20, 2024). The City asserted multiple constitutional grounds seeking to have the law declared null. One of the assertions was that the enacted law violated the unfunded mandates in violation of the Hancock Amendment.

The Supreme Court did an extensive analysis of the City’s challenges and found that all of the other assertions except the Hancock Amendment claims were not applicable to the case. The Court’s focus was directed to the violation of the Hancock mandates. The analysis focused on the mandates sections of the Hancock Amendment that require new or increased activity or service by a municipality and require increased costs to the municipality in performing those new or increased services. The Court determined that the facts raised by the City in its case were adequate to require the trial court to reconsider its judgment and hold a new hearing related to the facts raised as to the Hancock Amendment violations. The Court focused the need for the City to demonstrate “specific proof of increased costs” that must be presented in evidence at the new trial.

As a result of the City’s Hancock pleadings, the Court determined that the City had pleaded its case adequately on the Hancock Amendment claim to be heard by the circuit court on the evidence since the claim was well pleaded, not on

the trial court’s earlier ruling. The case was returned to the circuit court for a new trial on the Hancock Amendment claims only.

There are other notable analyses of constitutional claims in the case even though the determinations on the other claims were not applied. City attorneys are encouraged to review these analyses

for a good picture of the Supreme Court’s review of these potential challenges even though not applying to this matter.

What is important to know is that there remains a possibility that the police officers' bill of rights is unconstitutional under the Hancock Amendment as noted above. There should not be a carte blanc implementation without consulting your city attorney.

Ivan L. Schraeder is owner and attorney with Schraeder Law Firm. He brings more than 40 years of experience to his role as defense counsel for a number of governmental agencies and as general counsel for the Missouri Public Employers' Labor Relations Association. Learn more at www.schraederlaw.com.

www.mocities.com 27
NEWS
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FROM THE

Getting To Know You. . .

BOB BENNETT

Chief Innovation Officer

City of Parkville

What sparked your interest in serving in local government?

I retired after a 25-year career in the Army directly into the Chief Innovation Officer role for Mayor Sly James. The working environment in local government shared many of the best attributes I experienced while in uniform - an opportunity to simultaneously work and serve the community, a dedicated, patriotic workforce and the chance to make a difference with my work.

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

I was disappointed to learn that some of the interdepartmental struggles over budget and staffing are as nasty bureaucratic infighting as I ever saw in my Army career. I’m glad that leaders who work that way are the exception and not the rule for the most part, but their very existence at all reminds me of why some of our residents feel skeptical about dealing with their local government.

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

Uniting the public, private and education sectors in an effort to leverage technology and unprecedented federal support is an amazing, once-in-a-lifetime opportunity. At the local level, I have seen amazing public/private collaborations that helped us build “smart cities” and initiate some effective and equitable economic development projects. Unfortunately, the current ineffectiveness of the state legislature is an impediment to progress because the critical link between federal funding entities and city councils is minimally competent.

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

Remember your reason for serving. When situations arise that make things difficult or cause frustration, remembering why you serve will help you frame a solution that helps your community get closer to the ideal you envisioned when you started. And commit yourself longterm to the ideal you envisioned, because it may take many iterative, compromise steps to get there.

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

You know that “perfect little town” from every Hallmark movie? I live there. And it’s located less than 30 minutes from Arrowhead Stadium (as are all the other big-city attractions you can imagine).

What are your interests outside of local government?

I enjoy watching sports - especially the Chiefs and the Chicago Cubs - and I play bass in a local cover band.

Where would you most like to travel, and why?

Tales from the South Pacific is one of my favorite books; I would love to see the islands where it was based some day.

28 theReview March/April 2024
LOCAL GOVERNMENT Review
Government Officials
Local
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ANNUAL YEAR IN REVIEW REPORT 2023

The Missouri Municipal League had a strong year in 2023, with a successful legislative session, the continued success of MML events, city visits and regional meetings across the state.

MML continues to provide up-to-date resources to cities that equip members to serve communities well, including new Fact Sheets that share smaller portions of information from the traditional MML Handbooks. Members can find all of these resources in the One Stop section of the MML website, with new materials added regularly. The League also continues to work with state and federal leaders to ensure cities are represented in important initiatives such as broadband expansion and the Bipartisan Infrastructure Law.

We are honored to have had the opportunity to serve Missouri municipalities through training, events and advocacy. MML will continue to offer a united voice for cities and be your go-to resource to strengthen your community and serve your citizens well.

ADVOCACY

The Missouri Municipal League continued its commitment to advocate for municipal interests at the state and federal level. We are witnessing an unprecedented attack on local governments. These range from unfunded federal mandates to attempts by the Missouri General Assembly to reduce local revenues and strip away a municipality’s ability to protect the health and safety of its residents. Missouri cities and villages are under attack by state and federal officials, who, instead of protecting local autonomy, are attempting to supplant decisions made by local voters.

At the federal level, the Missouri Municipal League has contested environmental regulations that unfairly targeted municipal water and sewer operations with costly federal mandates. The federal government sees municipalities as easy targets to fund the cleanup of environmental problems caused by the agriculture and industrial sector.

At the state level, we saw numerous pieces of legislation filed that eliminated or reduced property taxes and exempted items from local sales taxes. Several bills sought to exclude certain video service providers from paying for the use of the public right of way. Attempts were also made to reduce the authority of municipalities to issue building permits, regulate dogs and protect neighborhoods from incompatible land uses.

The Missouri Municipal League was able, in 2023, to fend off most of the attacks directed toward municipalities and other local government entities. These attacks on local sovereignty will only intensify in 2024 as we enter into the national and state election cycle.

RESEARCH AND HANDBOOKS

MML coordinated updates and revisions to three important MML handbooks.  Gilmore Bell completed updates to the Financing Capital Improvements in Missouri Municipalities handbook.  Attorney Brian Malone, Lashly Baer, updated MML’s Planning and Zoning Procedures for Missouri Municipalities handbook.  MML worked with graduate students at the Truman School of Public Affairs to survey members and compile MML’s Fringe Benefits in Missouri Municipalities.

MML staff also created a new resource for members - MML Fact Sheets.  The fact sheets cover important portions of the longer MML handbooks for quick reference. Municipal Revenue Sources and Bidding Requirements were the first two topics.

30 theReview March/April 2024
MISSOURI MUNICIPAL LEAGUE
23
Publishedby MissouriMunicipalLeague 1727SouthridgeDrive JeffersonCity,MO65109 Price:$50.00 (Singlecopiesavailableto membercitiesatnocharge. Nounauthorizedreproduction.) May 2023 Financing Capital Improvements In Missouri Municipalites Municipal Revenue Sources BACKGROUND: Municipalities provide many services that are vital to our society. Unlike services providedbytheprivatesector,mostmunicipalservicescannotbepaidforthroughusercharges.Instead, asmunicipalitiesmustlevytaxestopayformaterialsandtheoperationalcostsassociatedwithservicessuch publicsafety,streets,parks,fireprotectionandthemyriadofotherservicestheyprovide. HANCOCKAMENDMENT:Passedin1980,theHancockamendmenttotheMissouriConstitutionrequires thatanynewlocaltaxorincreaseinexistingtaxesmayonlybeimposedwithvoterapproval.Initially,the languageintheamendmentwasthoughttorequirevoterapprovalforanyincreaseinfeeschargedbythe localgovernment.However,theMissouriSupremecourtruledthattheamendmentonlyappliestotaxes. Userfees(e.g.busfare,swimmingpoolpasses,utilitycharges)maybeincreasedwithout vote. AUTHORITY:Statutorymunicipalities(villages,3 classand class)mayonlyimposetaxesthatstatelaw specificallyauthorizes.Statelawtypicallyrestrictsboththerateaswellastheapplicationoftheselocal taxes.Intheoryhomerulecitieshavemoreflexibilitytoimposetaxesunlessstatelawhasspecifically restrictedtheiruse.However,inpractice,mosttaxeshavebeenpre-emptedbystatelaw.Forinstance, statelaw(Section92.105RSMo)limitsincometaxtojustKansasCityandSt.Louis. FOUR-DAYNOTICE:Section67.2725RSMorequiresanygoverningbodyvotingonataxincreasetoprovide noticefourdayspriortoholdingthatdiscussion. MUNICIPAL SALES TAXES Missourimunicipalitieshavesixsalestaxesavailablefordifferent municipal purposes: General Revenue, Capital Improvements, Transportation,StormWater/Parks,FireProtectionandEconomic Development. Simple majority approval from the voters is required for imposition of any of these tax measures. Missouri statutes provide specific restrictions on the rate at which these taxes may be imposed and the use of funds generated. In addition,thestatuesrequirethatspecificlanguagebeincluded ontheballot,asdetailedintherespectivestatute.Salestaxesaretobeappliedtothereceiptsfromthesale atretailofalltangiblepersonalpropertyortaxableservicesatretailwithinanycityadoptingsuchatax,as defined in Section 144 RSMo. Special rules apply to municipalities located within St. Louis County. Sales taxesareappliedbasedonthepointofsalemeaningresidentsofoneMissouricitymakingapurchasein anotherMissouricitywillpaythesalestaxbasedonthelocationofthevendor.Salestaxonremotesales withinMissouri(includingovertheInternet)willnormallybeappliedbasedonthelocationofthevendor. GeneralRevenue–TheCitySalesTaxAct,Sections94.500-94.550RSMo,detailstheimposition oftheGeneralRevenuemunicipalsalestax.Thetaxmaybeimposedatanyratenottoexceed ascentandmaybeusedforanymunicipalpurpose.Additionalgeneralsalestaxmaybeimposed longasthetotalofthegeneralsalestaxdoesnotexceedtwopercent(RSMo.94.510#2).Ifthevotersdonotapproveageneralsalestaxissue,thereisnominimumtimeperiodthatmust elapsepriortoagainplacingtheissueontheballot. 1 MISSOURI MUNICIPAL LEAGUE FACT SHEET MAY 2023

WEBINARS

MML webinars allow us to quickly serve members with information on important topics from experts in the field. Members may also download the recording to watch on demand. Topics are continually refreshed so that members have the latest information, and many of the webinars apply to continuing education, including the Missouri Governance Institute.

Webinar topics included:

• Local Economic Development Toolbox: Tax Increment Financing

• Recruiting and Retaining Talent

• Records Management Made Easy

Annual Conference, Kansas City, Missouri

Local Government Officials | 185 Cities | 150 Exhibitors

MUNICIPAL GOVERNANCE INSTITUTE

receiving their pins in 2023. Building on the foundation of the popular Certified Municipal Official program, an advanced curriculum offers increased challenges and rewards, requiring the completion of study in 14 core areas.

www.mocities.com 31

MML INNOVATION AWARDS

Nearly 20 cities submitted projects in 2023 for the MML Innovation Awards Program. These awards honor outstanding projects happening in communities across Missouri that enhance the quality of life for Missouri cities. Winners were honored at the annual MML Awards Luncheon during the MML Annual Conference in September in Kansas City.

Congratulations to the 2023 MML Innovation Award Winners!

City of O’Fallon

Metro (population greater than 30,000)

O’Fallon Path of Heroes

City of Maryland Heights

Large City (population between 15,000-30,000)

Maryland Heights Sustainability Center

City of Kearney

Medium City (population between 5,000-15,000)

Pickleball and Skate Park Complex

City of Riverside

Small City (population less than 5,000)

Reaching Riverside

City of Moberly | Member Choice Award | Fennel Complex Project

Topics

32 theReview March/April 2024
City of O’Fallon City of Kearney City of Maryland Heights City of Riverside City of Moberly
included:
Nuisance Abatement
Prevailing Wage
Sunshine Law
Marijuana Update
Economic Development
Right-of-Way Management
Aerial Applicators andYour Airport
Legislative Updates
Juvenile Detention and Supreme Court Rule 28 Implementation
2023, staff visited 31 municipalities throughout the state! Each visit was a great opportunity to answer member questions, provide resources and share information regarding programs and services. CITY VISITS AND REGIONAL MEETINGS 17 REGIONAL MEETINGS 745 ATTENDEES IN 2023 269 MUNICIPALITIES
In

MML POLICY MEETINGS

Did you know you can help shape League policy? Add your voice to the direction of the League and how we advocate by joining one of four MML policy committees. Members meet with their committee once per year in June to review and update their policies. In August, a Resolutions Committee meets to review any changes, and the proposed policy is voted upon each year by full membership at the MML Annual Conference.

Policy Committees:

• Economic Development and Human Resources

• Finance and Taxation

• Municipal Administration and Intergovernmental Relations

• Environment, Energy and Sustainable Development

TOP INQUIRY TOPICS

(listed by order of inquiries on topic)

Council Procedures • Sunshine Law • Taxes • Elections

Personnel Issues • MML Wage Survey • Marijuana

American Rescue Plan Act • Purchasing • Planning/ Zoning/Subdivision • Utilities • Conflict of Interest

DID YOU KNOW?

MML reaches more than 6,000 individuals with each mailing, including elected officials and local government employees.

MORE THAN 6,000 INDIVIDUALS

Make sure you contact us with your direct email address in order to receive important updates regarding services, training, upcoming events and legislative information!

CONNECTING LOCAL

There are so many ways to connect with MML!

• MML Review – latest topics affecting local officials.

• E-Newsletter – top announcements and news.

• Policy Committees – a great way to get involved with MML!

• Social Media – latest news on the go.

• City View Podcast

• Website – sample ordinances, job announcements, events.

• Live and On-Demand Webinars – interact live or watch later.

• Inquiry Service – thousands of questions answered each year.

• MML Conferences – connect with officials, experts and affiliates.

• Regional Meetings – network with local officials close to home!

www.mocities.com 33 33 | theReview January/February 2024
2023-2024 Missouri Municipal Policy 1727 Southridge Dr. Jefferson City, MO 65109 573-635-9134 www.mocities.com
SOCIAL MEDIA FOLLOWERS 632 LINKEDIN
FACEBOOK 2,005 X (FORMERLY TWITTER)
GOVERNMENT
1,751
OFFICIALS
WHO MAKES UP THE MISSOURI MUNICIPAL LEAGUE? Municipalities ................................................................. 651 Villages 67 Home Rule...................................................................................... 42 Special Charter ................................................................................ 5 Third Class Cities .......................................................................... 57 Fourth Class Cities ..................................................................... 480 Participating Affiliates ................................................... 145 Associate Members .......................................................... 34 Total Municipal Officials .............................................. 7,253 Elected Officials ..................................................... 3,798 Mayors & Chairmen 638 Trustees, Aldermen, and Council Members 3,160 Non-Elected Officials ............................................. 3,455 Administrators/Managers/Assistants ................................. 357 Clerks and Assistants ................................................................ 730 Legal and Courts ........................................................................ 548 Law Enforcement ....................................................................... 298 Fire Administration ................................................................... 173 Finance 380 Public Works 498 Parks 115 Misc. Officials .............................................................................. 356 March/April 2023 REVIEWTHE MISSOURI MUNICIPAL A UNITED VOICE FOR MISSOURI MUNICIPAL LEAGUE COMMUNITIES Enforcing Amendment 3 Integrated Planning MML Legislative Conference MARIJUANA IN MISSOURI Municipal Considerations For Facilities, Personnel and Taxation

MML Legislative Conference

February 20-21, 2024

More than 250 local government officials and municipal employees attended the 54th MML Legislative Conference Feb. 20-21, 2024, in Jefferson City. Attendees had the opportunity to hear House of Representative perspectives from Rep. Falkner, Rep. Haffner and Rep. Baringer. In the evening Missouri State Treasurer Vivek Malek shared information regarding a lower-interest loan program available to cities, and Governor Parson addressed all attendees the next morning.

Many attendees took this opportunity to visit their legislators at the Missouri State Capitol, sharing top concerns for Missouri cities. View photos from the event at https://www.flickr.com/photos.

34 theReview March/April 2024
LOCAL GOVERNMENT Review

MML Legislative Toolkit

View MML’s Legislative Toolkit to learn more about the legislative process, how to read a bill, important communication strategies for meeting with legislators, and a glossary of legislative terms. This guide will help you better understand the legislative process and how you can help ensure your municipality’s voice is heard. Find the toolkit at www.mocities.com/advocacy/legislative-activity.

www.mocities.com 35
Have you met with or contacted a Missouri state legislator? Let us know! MML Legislative Toolkit 1 Advocating For Your Municipality MML Legislative Toolkit 2024 • • • NEW FOR MEMBERS! • • •

Certified Municipal Clerk

Congratulations to Linda Haffecke, city clerk with the city of Huntsville, and Carla Burton, city clerk with the city of New London, Missouri, for earning the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks! To earn the CMC designation, a municipal clerk must attend extensive education programs, often totaling more than 120 educational hours. The CMC designation also requires pertinent experience in a municipality.

Master Municipal Clerk

Congratulations to Kimberlie D. Clark, city clerk/treasurer with the city of Dardenne Prairie, Missouri, for earning the designation of Master Municipal Clerk (MMC) from the International Institute of Municipal Clerks (IIMC)! To qualify for the MMC Designation, one must first earn the Certified Municipal Clerk Designation (CMC) and commit to life-long learning by attending extensive advanced education programs and making significant professional contributions to the community and municipality they serve. Those that achieve the MMC Designation have demonstrated that they have actively pursued educational and professional activities and have remained informed of current socio-political, cultural, and economic issues that affect local governments and municipalities in today’s day of age.

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36 theReview March/April 2024 MEMBER News Your input helps MML coordinate advocacy efforts. Find a Legislative Activity reporting form at www.mocities.com/ advocacy/legislative-activity, or contact MML Executive Director Richard Sheets at (573) 635-9134 or Rsheets@mocities.com. Have you met with or contacted a Missouri state legislator? Let us know! * Hamilton Weber LLC has been ranked a Metropolitan St. Louis “Best Law Firms” (2023 Edition) in six practice areas by U.S. News www.hamiltonweber.com | 636.947.4700 Trusted. Advice. Advocacy. Value.

At Missouri American Water, we hold ourselves to the highest standards in providing safe, clean, reliable and affordable drinking water. Our team consists of the industry’s leading researchers, scientists, and plant operators committed to our mission of delivering high-quality water to our customers, now and for the future.

Learn more about how we can help your community by contacting us via email: MOAWBusinessDevelopment@amwater.com.

www.mocities.com 37 Retirement Benefits Survivor Benefits Disability Benefits YOUR SECURE FINANCIAL FUTURE STARTS WITH MISSOURI LAGERS MOLAGERS.org PROVIDING HIGH-QUALITY WATER IN MISSOURI FOR MORE THAN 140 YEARS
38 theReview March/April 2024 Save The Dates! MML 2024 Conferences MML Elected Officials Training June 6-7, 2024 Columbia MML 90th Annual Conference September 15-18, 2024 Branson Find more events and details on www.mocities.com and in the MML e-newsletter. MML Calendar of Events April 2024 1 ..... MML Innovation Awards application deadline 2 ..... Municipal Elections 23-24 Missouri Concrete Conference, Rolla, Missouri 24 MML Northwest Region Meeting, Chillicothe, Missouri May 2024 5-11 Missouri Local Government Week 7 MML Southeast Region Meeting, Poplar Bluff, Missouri 15-17 ..... GFOA-Missouri Annual Conference, Lake Ozark, Missouri 16 ..... MML Southwest Region Meeting, Bolivar, Missouri 17 ..... Last Day of the 2024 Missouri Legislative Session 21 ..... MML Northeast Region Meeting, Edina, Missouri 23 MML West Gate Region Meeting, Blue Springs, Missouri 29 MML Central Region Meeting, Jefferson City, Missouri June 2024 6-7 MML Elected Officials Training, Columbia, Missouri 18 ..... MML Policy Committee Meetings, Columbia, Missouri July 2024 12-14 MMAA Summer Seminar, Osage Beach, Missouri
News & Notes Join us in our commitment to keeping Missouri’s underground infrastructure safe. MISSOURI-811.ORG Quality Training Without Leaving Your Office Or Home! www.mocities.com Learn more at: WEBINARS Missouri Municipal League
MEMBER
www.mocities.com 39 Piper Sandler has helped state and local governments of all sizes with municipal bond financings for over 50 years. Our team of experts takes the time to understand the unique needs of your community, form long-term partnerships and ultimately provide tailored solutions that meet your specific goals. We Know Missouri Municipal Finance $1.5 B Par amount of municipal bond financings in 2022*
Municipal issues completed in 2022* No. 2 In the nation by number of municipal bonds completed in 2022* Source: Long- and short-term transactions, competitive and negotiatied. Thompston Reuters, as of 1/19/2023 PiperSandler.com ©2023. Piper Sandler & Co., 800 Nicollet Mall, Suite 900, Minneapolis, Minnesota 55402-7036. 5/23 CM-23-0736 TODD GOFFOY + 1 314 726-7532 +1 913 345-3373 Todd.Goffoy@psc.com MATT COURTNEY +1 913 345-3355 Matthew.Courtney@psc.com HANNAH SNYDER +1 913 345-3302 Hannah.Snyder@psc.com
757
2023 Calendar Year 104 Long-Term Municipal Issues $3.34 Billion (USD) in Principal 1 (800) 844-3232 info@gilmorebell.com The choice of a lawyer is an important decision and should not be based solely on advertisements. Gilmore & Bell, PC has offices nationwide. See our website for an office near you. gilmorebell.com #1 MISSOURI RANKED BOND COUNSEL Source: LSEG Data & Analytics, as of 1/19/24

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