The Missouri Municipal Review - March 2012

The Missouri Municipal

Review

The Official Publication of The Missouri Municipal League

March 2012

Inside This Issue: ♦ Sustainable Communities

Through Active Living

♦ Improving Missouri’s Initiative Petition Process ♦ Embracing Change ♦ Leading The Charge: Decision Making ♦ Strong City Ordinances Can Keep DNR At Bay ♦ Five Common Website Mistakes

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

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

MOSIP offers its participants a professionally managed portfolio with competitive money market rates. MOSIP stresses “safety of principal” as the number one objective and is rated AAAm by Standard and Poor’s.

Registered Representatives

William T. Sullivan, Jr. Managing Director 1-800-891-7910 x225 sullivanw@pfm.com

Maria Altomare Managing Director 1-800-891-7910 x222 altomarem@pfm.com

P.O. Box 11760 • Harrisburg, PA 17108-1760 1-877-MY-MOSIP 77 Port Plaza Drive • Suite 220 • St. Louis, MO 63146 2 /West March 2012 1-800-891-7910

Administered by: PFM Asset Management LLC Sponsored by: Missouri School Boards Association • Missouri Association of School Business Officials Missouri Association of School Administrators

This information 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 Money Market 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). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Member SIPC. Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor's rating criteria, the AAAm rating signifies excellent safety of invested principal and a superior capacity to maintain a $1.00 per share net asset value.

However, it should be understood nor a recommendation to The Missouri Municipal Review that the rating is not a "market" rating www.mocities.com buy, hold or sell the securities.

The Missouri Municipal

Review

March 2012

VOLUME 77, NO. 2

The Official Publication of The Missouri Municipal League

contents

President

4 / President’s Report

by Mayor Norman McCourt

Mayor Norman McCourt Black Jack

6 / Healthy People, Healthy Places — Building Sustainable Communities Through Active Living

by Tammy Zborel and Stephanie Rozsa

Vice President

Councilmember Susan McVey Poplar Bluff

9 / Strong City Ordinances Can Keep DNR At Bay

by Phil Walsack

Immediate Past President Mayor Carson Ross Blue Springs

10 / Protecting Missouri’s Initiative Petition Process For Citizens

by Missouri Secretary of State Robin Carnahan

e MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS Donna Baringer, Alderman, St. Louis; Conrad Bowers, Mayor, Bridgeton; Denise Chisum, City Clerk, Lee’s Summit; Roger Haynes, Deputy City Manager, Mexico; Bill Johnson, Director of Administration, Fulton; David Kater, Mayor, Desloge; Bill Kolas, Mayor, Higginsville; Allison Light, Alderman, Harrisonville; Jan Marcason, Councilmember, Kansas City; *Ron Monnig, Councilmember, Slater; Reanne Presley, Mayor, Branson; Don Reimal, Mayor, Independence; John “Rocky” Reitmeyer, Alderman, St. Peters; Lisa Robertson, City Attorney, St. Joseph; Arthur Sharpe, Jr., Councilmember, University City; Tom Short, City Administrator, Carthage; Paul Ward, Councilmember, Kirkwood; *Gerry Welch, Mayor, Wesbster Groves; Terry Wilson, Mayor, Pleasant Hill; *Kevin Wood, Mayor, Harrisonville. *Past President

e

15 / Government’s Data Detectives

by Jonathan D. Breul and John M. Kamensky 17 / Five Common Mistakes On City Websites

by James C. Hunt 18 / Leading The Charge: Decision Making

by General Anthony Zinni 20 / The 7 C’s: A Blueprint For Embracing Change

by Katherine W. Lawson

departments 22 / Professional Directory 25 / Quarterly Staff Highlights 26 / FAQ: Revenue Sources (Taxes) 30 / 2012 Calendar of Events Laura Holloway, Editor Contributing Editors: Dan Ross and Richard Sheets

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. www.mocities.com

13 / Analyzing The Benefits Of Economic Development Projects

Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109.

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

The League’s Web site address is: www.mocities.com.

The Missouri Municipal Review

March 2012 / 3

President’s Report. . .

MML President Mayor Norman McCourt Black Jack

2

012 is well underway and your staff at the Missouri Municipal League is hard at work. The Missouri legislative session began Jan. 4, and several bills have been filed that could directly impact municipalities. Some of the major issues include: right to

work, prevailing wage, redundant reporting requirements, billboards, tax credits, bidding requirements, property tax reform, TIFs, streamlined sales tax, and the so-called “fair tax” or more aptly the “everything tax.”

It’s important for city officials to stay informed about events that are emerging in the Legislature.

The League makes this easy for you with the weekly legislative reports and email alerts sent throughout the session. Please watch for these alerts and contact your legislators when the League calls on you! Tell your legislator how these bills will affect your community. We are a strong voice when we act together.

While no one knows for certain which bills will pass during this year’s legislative session, we can be certain that a number of them will affect Missouri municipalities. Upon adjournment of the Missouri Legislature on May 18, your League staff will take to the road holding a series of “Legislative Wrap-Up Dinner Meetings,” with dates and locations to be determined. The League staff will provide a summary of the impact of the new laws on your municipality at these meetings. They provide an excellent opportunity to engage League staff and voice your concerns, so watch for a meeting location most convenient for you.

Local government week, April 30 – May 4, is just around the corner! Mark your calendars and think about some creative ways you can show your citizens everything your municipality offers. This year, the League will visit several cities across the state to help celebrate all of your valuable services to the public. In partnership with the Missouri Association of Counties and the Missouri School Boards Association, events are planned in the St. Louis area, Kansas City area and Springfield. Event speakers will share the good things happening in those communities and how citizens benefit from government at the local level each day. Find more details about Local Government Week at www.mocities.com.

In the meantime, I encourage you to take advantage of the online training services offered through the League’s website at www.mocities. com. For a low cost, your staff can conveniently train on a wide variety of topics, from successful management techniques to extraordinary customer service. Don’t miss these opportunities.

Online training is just one way the League works to provide you with the tools you need to be successful. I encourage you to use the League staff as a continual resource to strengthen your staff, services and city.

Follow us @MoCities!

4 / March 2012

The Missouri Municipal Review

www.mocities.com

MISSOURI MUNICIPAL LEAGUE ELECTED OFFICIALS TRAINING CONFERENCE Capitol Plaza Hotel, Jefferson City June 14-15, 2012 The Missouri Municipal League will be conducting the Elected Officials Training Conference June 14-15 in Jefferson City. The Conference emphasizes the knowledge base all newly elected officials will need to govern effectively. The changes that continually occur in the municipal arena make this a Conference that all officials (not only newly elected) should consider attending.

TENTATIVE PROGRAM

THURSDAY, June 14, 2012 9:00 a.m.

Registration 10:00 a.m.

Conference Start/History and Structure of Missouri Municipal Government – Kevin O’Keefe 11:00 a.m.

Conflict Resolution – Sarah Reed 12:00 noon Lunch 1:00 p.m.

Budgets – Mark Levin 2:30 p.m.

Ethics – Nancy Thompson 3:30 p.m.

Liability and Risk – Christine Bushyhead 4:15 p.m.

Q & A – Nancy Thompson & Christine Bushyhead (DINNER ON YOUR OWN) FRIDAY, June 15, 2012 7:30 a.m.

Breakfast/MML Services and Website 8:15 a.m.

The Missouri Open Meetings and Records Law – Tom Durkin 9:45 a.m.

Public Works Contracts – Joe Lauber 10:30 a.m.

Economic Development Tools and Due Diligence – Tom Kaleko 11:15 a.m.

Taxation and Revenue – Joseph Lauber 12:00 noon Q & A – Tom Kaleko and Joseph Lauber 12:15 p.m.

Adjourn

Plan To Attend!

This year’s Conference will be held at the Jefferson City Capitol Plaza Hotel. Please make room reservations directly with the hotel: Capitol Plaza Hotel, 415 West McCarty Street, Jefferson City (800-338-8088). Please keep in mind that room check in is not available until after 3:00 p.m. on June 14 (although early check in may be available for an extra fee). When making reservations, let the hotel know that you are with the Missouri Municipal League in order to receive the special conference rate ($99).

The registration fee for the Conference is $130. The cost includes the lunch on Thursday and breakfast on Friday as well as conference materials.

If you have special needs, please attach a separate sheet describing your requirements. The League requests a two-week notification in order to make these arrangements.

Reservations should be received by June 8. CANCELLATIONS must be received at League headquarters by 5:00 p.m., June 11, or it will be necessary to bill you for the registration fee.

DETACH AND RETURN THIS SECTION TO: (Or register online www.mocities.com)

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

2012 Elected Officials Training Conference

Municipality__________________________________________ Name________________________________________________ Title______________________________________ Registration fee: Check enclosed____

Bill City___

Will pay at conference____ Credit Card ____

Credit Card Information: MasterCard or Visa (circle one) Card Number: Cardholder Name:

Exp. Date:

3-digit security code

Cardholder Billing Address: Phone Number: _________________________________ Email: ________________________________

www.mocities.com

The Missouri Municipal Review

March 2012 / 5

HEALTHY PEOPLE, HEALTHY PLACES – BUILDING SUSTAINABLE COMMUNITIES THROUGH ACTIVE LIVING

by Tammy Zborel and Stephanie Rozsa

L

ack of physical activity is a leading factor contributing to major health conditions such as obesity, cardiovascular disease and diabetes. As rates continue to rise across the country, local governments can expect to see a range of associated financial and social impacts across their communities, including direct medical costs, loss of productivity, absenteeism and disability.

Local leaders play an important role in promoting public health through creating the conditions – removing barriers, increasing opportunities and providing information – for individuals to incorporate healthy options such as physical activity into their daily lives.1 Promoting “active living” may involve repurposing existing land, developing new infrastructure, utilizing design features that invite activity and creating targeted community education campaigns. Programs and policies that enable and encourage physical activity are important investments in the future of a community. This guide explores several benefits of active living and presents examples of steps cities can and are taking to increase access to healthy options.

Benefits Of Active Living

Active communities exemplify several core elements of sustainability: they provide opportunities for increased public health, benefit the local economy, deter crime and support the environment.

Public Health

Regular physical activity benefits overall health and well-being and reduces the risks of serious medical conditions. Yet according to the Centers for Disease Control and Prevention (CDC), 25 percent of adults do not participate in any leisure-time physical activity, and rates of childhood obesity have tripled since 1980 to almost 20 percent. While

6 / March 2012

several factors contribute to physical inactivity, insufficient access to safe, convenient and inviting resources such as parks, playgrounds, sidewalks, trails or other recreational facilities present common, but avoidable challenges. In 2010, 50 percent of youth across the country lacked such access, and only 20 percent of census blocks had a park located within a half-mile from its boundaries. Studies have shown that increased access, combined with informational outreach campaigns, were highly effective at increasing physical activity.

The city of Somerville, Mass., is demonstrating the effectiveness of strong leadership through policies, programs and infrastructure improvements that increase both physical activity and healthy food choices. Within the first year of the Shape Up Somerville program, bike ridership nearly doubled, while school children reduced their weight gain by approximately 15 percent. The initiative – developed through Tufts University and now integrated throughout the City – targets all segments of the community, including schools, city government, civic organizations, community groups and businesses, and engages parents, restaurants, researchers, healthcare professionals and city staff. In an interview The Missouri Municipal Review

with PBS, Mayor Joseph Curtatone expressed his commitment to promoting access to healthy options across the City and assures residents, “We’re not telling you how to live your life, we want to make sure that we’re giving you the best options.”

Economic Development

Initiatives that promote active living also create quality of life amenities that spur local economic growth. For example, pedestrian-friendly shopping areas increase property values, boost sales tax revenues, support tourism and may help to attract or retain new workers and aging populations. Property values in the city of Chattanooga, Tenn., increased between 1988 and 1996 by 127 percent following investments in open space and a system of parks and trails.

Today Chattanooga’s investments in high-quality recreational and outdoor opportunities, including hiking, biking, kayaking and hosting the largest rowing regatta in the southeast, are paying “green dividends” as businesses and skilled workers are returning to the City at a steady pace. For Mayor Ron Littlefield, the City’s philosophy is simple, “Make the City the best it can be for the people who live there and the rest will follow.”

www.mocities.com

Walkable access to public transportation has also been shown to yield significant economic benefits. A recent study across 15 major market areas found increased property values of homes in neighborhoods with walkable access to transit – by as much as $4,000 to $34,000 – compared with similar homes in auto-dependent neighborhoods. Multi-modal transit that accommodates pedestrians and bicyclists also adds value to a local economy by infusing transit-accessible neighborhoods with new shoppers and businesses.

Public Safety

Green, open and active spaces such as parks, playgrounds and community gardens attract people to the outdoors and offer opportunities for physical activity and social interaction. Connecting these resources with transportation options such as trails, bike lanes and sidewalks further contributes to an increased social presence and sense of community. The presence of pedestrians and bicyclists also serves to increase public safety both by reducing traffic speeds and by generating additional eyes on the street to deter criminal activity.

Signs of blight or disrepair such as trash and graffiti, or lack of adequate lighting and safety features may however discourage the use of public spaces. Revitalizing abandoned, vacant or underutilized parcels of land may contribute to creating welcoming, attractive and safe resources for social interaction and activity. Improvements to the Village Green Park in Macon, Ga., including a new playground, basketball facilities and picnic tables, resulted in increased park usage by more than 25 percent while incidents of crime or violence dropped by more than 50 percent.

Strategies to revitalize a highcrime neighborhood in Cincinnati, Ohio, included adding outdoor art, transforming an abandoned lot into a landscaped butterfly garden, enhancing areas through planters, benches,

www.mocities.com

trashcans and lighting, and increasing police presence. As a result, major crime in the neighborhood decreased almost 22 percent while community involvement with the police department has almost doubled.

Environmental Health

Initiatives to increase active living also offer a number of important environmental benefits, including reduced air and water pollution, decreased traffic congestion and the cleanup and repurposing of vacant land. Green, open spaces such as parks, community gardens and woodlands in particular support local biodiversity, and help to minimize environmental impacts associated with storm-related events such as water pollution or flooding.2 To reduce carbon emissions from the transportation sector, many cities are embracing cost-effective alternatives such as biking and walking. Local leaders can increase opportunities and create a safe and supportive environ-

The Missouri Municipal Review

ment for biking and walking by ensuring connected lanes, paths and infrastructure. Bike share programs such as B-Cycle in Denver are gaining popularity as one way cities can promote active living. 3 Results from the first year indicate that 43 percent of trips taken by bike replaced a car trip, thereby avoiding more than 300,000 pounds of carbon emissions and almost 16,000 gallons of gasoline; health-related impacts include an estimated 6.3 million calories burned and 1,800 pounds lost. An increasing number of cities are also promoting alternative transportation through adopting a “complete streets” policy or similar initiative to ensure that users of all ages and abilities have access to options such as safe and connected bike lanes, sidewalks, public transportation and road systems.

Recommended Resources

The National League of Cities’ Institute for Youth, Education and Families program on Community

March 2012 / 7

Celebrate!

LOCAL GOVERNMENT WEEK April 30 - May 4, 2012 Plans are underway to host three events across Missouri celebrating the services provided by municipalities each day.

Join the MML, the Missouri Association of Counties and the Missouri School Boards Association to celebrate local government. Events will highlight the partnerships that have taken place between local government entities and the impressive results. Look for more information on events during Local Government Week in the St. Louis area, Kansas City area and Springfield!

How can your municipality celebrate? Plan now for a unique way to highlight the value of your city this spring.

Find a list of ideas to celebrate your city at www.mocities.com.

Wellness provides tools and resources for municipal leaders to combat childhood obesity and promote healthy communities.

The National League of Cities’ Center for Research and Innovation program on Sustainability offers resources to help cities develop and strengthen initiatives at the intersections of environmental stewardship, economic prosperity and social responsibility.

Leadership for Healthy Communities. 2010. Action Strategies Toolkit: “A Guide for Local and State Leaders Working to Create Healthy Communities and Prevent Childhood Obesity.”

Active Living By Design works with local and national partners to build a culture of active living and healthy eating through community design.

Centers for Disease Control and Prevention, Office of Surveillance, Epidemiology, and Laboratory Services (OSELS). 2010. “The Community Guide: Promoting Physical Activity.”

International City/County Managers Association. 2005. “Active Living and Social Equity: Creating Healthy Communities for All Residents.” Tammy Zborel is the senior associate in the Sustainability Program and Stephanie Rozsa works in the Knowledge Development Program in the Center for Research and Innovation at the National League of Cities. For additional information about cities and sustainability, visit the sustainability section of NLC’s website at www.nlc. org/sustainability, email: sustainability@nlc.org, and follow us on Twitter @NLCgreencities.

DeDication.

Service. experience.

A law firm dedicated to the practice of municipal law.

Notes: 1 Along with physical activity, another crucial factor in promoting healthy lifestyles is access to fresh, healthy foods. NLC’s publication “Developing a Sustainable Food System” presents several strategies cities are using to increase food access.

2 Please see NLC’s publication “Green Infrastructure: Using Nature to Solve Stormwater Challenges” for more information on this topic.

3 For examples of successful bike share programs and ideas to get started check out NLC’s publication “Integrating Bike Share Programs Into a Sustainable Transportation System.”

816-525-7881 jlauber@laubermunicipal.com www.laubermunicipallaw.com The choice of a lawyer is an important decision and should not be based solely on advertisements.

8 / March 2012

The Missouri Municipal Review

www.mocities.com

Strong City Ordinances Can Keep DNR At Bay

I

n this era of evolving regulatory policy, the federal and state environmental agencies are asking municipalities to do more inflow and infiltration (I/I) removal in their wastewater collection systems. But there comes a point when a municipality has to ask itself, “What is our responsibility?” Sources of I/I can be found in both the public side and the private side. A leaking 8-inch sewer main that is owned, operated and maintained by the city is an I/I source that needs to be investigated.

A leaking service lateral coming from a single residential dwelling is also an I/I source. In most Missouri cities, this lateral would not be fixed by the city and would be the homeowner’s responsibility to repair.

In 2009, the Missouri Municipal League published the results of a questionnaire regarding sewer rates and policies. They found that in 91 percent of Missouri’s municipalities the “owner of the property was responsible for the maintenance of the entire length of the lateral line.” But what does the “entire length of the lateral line” mean? Plus, another question arises, “Where exactly is the dividing line of responsibility between the city’s main and the homeowner’s lateral?”

This question is answered in a city’s ordinances. Ordinances establish the powers and basic procedures of the city. They are the city’s written laws and are enforced by the city. More specifically, utility ordinances establish a city’s authority to own and operate a utility; prescribe the rules and regulations for operating the utility; and set procedures for customers to receive utility service from the city.

The ordinances that govern connection to the city’s infrastructure are usually called permanent or code ordinances. Most Missouri municipalities compile these laws in their code book.

So, who cares about ordinances? A well-written ordinance provides the ultimate direction and instruction for the city staff regarding it assets. A city employee knows, for example, that the city owns, operates and maintains 8-inch and larger sewer collection lines. That is the city standard specification … “if it’s ours, it’s 8 inches and larger.” The ordinance also www.mocities.com

by Phil Walsack lets the city and its customer know exactly who owns and operates what asset. This fact is truly the most important issue. The “line of responsibility” is defined by asset ownership. Here is an example of a sewer connection ordinance: The Owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation or other purpose, situated with the City and located within 225 feet of a publicly-owned sanitary sewer and abutting on any street, alley or right of way in which there is now located or may in the future be located a publicly-owned sanitary sewer of the city, is hereby required at the owner(s) expense to contract with a contractor to install suitable plumbing facilities, therein, and to connect such facilities, therein, directly to the nearest publicly-owned sewer, in accordance with the following specifications.

In Missouri, many city ordinances spell out that the sewer lateral’s connection to the city’s main collection piping is the homeowner’s responsibility. A homeowner, seeking to tap into the city’s sewer collection main, would hire a private contractor or plumber to make the actual installation. This process is usually inspected by a person employed by the city (a utility inspector). Some argue that if this connection point is under a public roadway that the connection is the city’s responsibility. It is not. The city ordinance, in this case, would state that the lateral connection is owned, operated and maintained by the homeowner. An example follows: 1. The homeowner hereby agrees to construct and maintain said sewer subject to the following conditions: a. The City’s engineer shall have the right to supervise and direct the construction of the sewer lateral in accordance with the latest version of the City’s sanitary sewer collection system standards.

Any public street or highway shall be opened by a plumber or sewer excavator licensed by City, and all work shall be performed subject to all the rules and regulations of city governing this type of work and all other applicable laws, rules and regulations. b. Any sewer laterals shall become the responsibility of the landowner whose property they benefit, with all rights and

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responsibility associated therewith. c. The homeowner shall thoroughly refill, compact and maintain all trenches in a condition satisfactory to City’s engineer and to any other affected agency of City and shall immediately repair and maintain any sidewalk, curb or pavement damaged by the excavation, installation, construction, maintenance and use of said sewer.

2. It is expressly understood by the parties that this sewer and any connection thereto, shall be used for sanitary sewer. No stormwater, run-off water, downspouts, footing drains (perimeter drains) or sub-soil drains shall be connected thereto.

This ownership boundary between the homeowner and city has been evolving in recent years. Some utilities want the actual tapping into the city sewer collection main to be completed by city staff and the connection saddle is provided by the city. This is also reflected in the city ordinance. Cities that want more control of their I/I tend to want control of the sewer tap process. If sewer collection operators watch enough closed circuit television video of their systems, they will invariably see “hammer taps.” These are typically “connections” in the city’s vitrified clay pipe made by hitting the piping with a ball-peen hammer and crushing the city’s pipe until the customer’s lateral can be shoved into the hole. These “hammer taps” are a huge source of I/I in older cities.

In the extreme example, several Missouri cities have decided that they want ownership of the customer’s sewer lateral from the city’s main to the cleanout location made at the private property boundary with the public easement. This enables the city to control more sewer assets and hopefully get the upper hand on I/I. Again the city ordinances are the place where this ownership line is specified. Phil Walsack is manager of Environmental Services for Missouri Public Utility Alliance (MPUA).

This article is a reprint from Alliance Advantage, issue January 2012

March 2012 / 9

Protecting Missouri’s Initiative Petition Process for Citizens Robin Carnahan, Missouri Secretary of State

I

n my office, the initiative petition process comes up often as a focus. It has grown immensely in both the attention the process receives and the amount of work it requires.

Most people’s experience with this process involves being approached by someone with a clipboard outside of a local business or library. People are asked to provide their signature if they support a certain issue. Over the last few years, this has become a very popular way for people to affect the political process, and there is no indication that it will slow down.

History

Most people don’t realize that this process has been around for quite a long time, and it is only in the past few years that it has really become a big part of election year politics.

The initiative and referendum process became part of Missouri’s Constitution as a result of a few very vocal and active advocates. In 1907, after the legislature passed a proposal establishing the initiative and referendum process, supporters embarked on a year-long voter education tour spanning the whole state. Ultimately, after all the mailers, speeches and events, voters ended up approving the initiative petition process by a margin of nearly 36,000 votes.

Some of the laws our state is known for were passed using the initiative petition process. For instance, in 1940, a constitutional amendment to establish a nonpartisan system for nominating, appointing and retaining judges was passed. This was copied by several states and is now known as the “Missouri Plan” for judicial selection.

In the 1930s, it was also used to promote other causes. Missouri voters enacted initiatives to allow public employee benefits and to create a Conservation Commission to manage fish, game and forest resources. More recently, voters adopted the “Hancock Amendment” that limited state and lo-

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Missouri Secretary of State Robin Carnahan

cal taxes. In 1992, a term limits initiative was adopted and in 1994, a campaign finance reform and riverboat gambling initiatives were approved by the voters.

Looking back, it becomes obvious that the initiative petition process was enacted as a way for a grassroots group of citizens to affect the law-making process.

Process

However, in the past 10 years, this process has grown into something bigger than a grassroots way for Missourians to make their voice heard.

Instead, it has become an increasingly popular way for various moneyed and political interests to either bypass the legislature or affect the political climate in Missouri.

The process is a fairly involved undertaking, and requires a great deal of time and resources. Before people can even take a petition to the streets, they must submit it to the Secretary of State’s office.

First, the form of their petition is approved by the Secretary of State’s The Missouri Municipal Review

office and the Attorney General. The Secretary of State then prepares a summary statement of no more than 100 words and the State Auditor prepares a fiscal impact statement, both of which are subject to the approval of the Attorney General. When both statements are approved, they become the official ballot title.

The ballot title is the summary people see on the petition when they sign it. That whole process usually takes approximately a month, and after it is completed, they can start gathering signatures.

The signature gathering process is what really requires people to dedicate lots of resources. Groups need to gather signatures in at least six out of the nine congressional districts in the state of Missouri. For changes to state law, they need to gather more than 90,000 signatures. For changes to the state constitution, they need to collect more than 150,000 signatures. This is required just to get an issue on the ballot.

Potential Problems

In recent years, my office has seen an unprecedented growth in the number of petitions people want to be able to circulate.

For example, in 2004, 16 petitions were submitted to the Secretary of State’s office to be approved for circulation. For this election cycle, more than 140 petitions have already been submitted to be approved for circulation. In less than 10 years, there has been nearly a 900 percent increase in the number of petitions.

Many times it is the same group submitting multiple versions of the same petition that is slightly altered.

For instance, one group submitted 27 different versions of petitions relating to local taxes on cigarettes or tobacco products.

Additionally, a different group has submitted 22 different versions of petitions relating to income, earnings and sales taxes. The biggest change is the sheer amount of petitions people are submitting initially. www.mocities.com

Solutions

This dramatic increase in the number of petitions our office has to deal with leads us to look for bi-partisan ways to improve the process in several different ways.

It is important that Missourians have a method to petition their govern-

ment for change — this is a value and a process we should be proud of. However, it is also something that should not be abused to the point where it only becomes part of a political game that not only wastes time and energy, but taxpayer dollars and resources.

How can we best put in adequate

INITIATIVE PETITIONS SUBMITTED 2004-2012

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The Missouri Municipal Review

safeguards that maintain this democratic process while at the same time providing some protections to safeguard against abuse? The Secretary of State’s office is proposing an idea that was recently filed as a bill in the state Senate (Senate Bill 817) called the “Initiative Petition Integrity Act." The bill would require groups to show at least some support for their idea to even start the process. With this legislation, after the form of the petition is approved, petitioners must collect and submit 1,000 sponsoring signatures from registered voters in Missouri within 45 days. This requirement will ensure that the petitioner has the desire, the ability, and the grass roots support to gather signatures. It also requires the Secretary of State to post initiative petitions online prior to certification of the official ballot title and allows Missourians 15 days to submit comments regarding an initiative petition.

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Additionally, the bill would strengthen the integrity of the signature gathering process by:

• Barring individuals with forgery convictions from gathering signature.

• Banning paying signature gathers “per signature” because that encourages people to collect faulty or fraudulent signatures.

• Requiring that anyone who signs a name other than their own is guilty of a class one election offense.

These ideas are common sense changes to the process that keep it working well for everyone, and the issue has bi-partisan support. We recognize the importance of allowing citizens the right and ability to petition their government for change. We must also discourage abuse of the system so it can truly benefit Missouri for years to come. Robin Carnahan is the Missouri Secretary of State. For more information, contact the office at 573-751-4936, email SOSmain@sos.mo.gov or visit www.sos.mo.gov.

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The initiative petition process is also bogged down with lawsuits, that waste time and tax dollars. In the past eight years, there has been a more than 10-fold increase in lawsuits relating to initiative petitions.

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ANALYZING THE BENEFITS OF ECONOMIC DEVELOPMENT PROJECTS Background

State, provincial and local jurisdictions utilizing incentives defined by an economic development policy do so to promote and grow the local economy through job creation, wage and compensation growth, and tax base expansion. To reach the goals identified in the policy, local jurisdictions need to measure the benefits of projects receiving economic development incentives against the cost of the public expenditure, or willingness to forgo future revenue. While there is no single best method for conducting analysis and it is impossible to predict all impacts a project will have on a community, providing a thorough and rigorous analysis of each project is critical for the purposes of government accountability and long-term revenue impacts.

Recommendation

The Government Finance Officers Association (GFOA) urges state, provincial and local government officials to examine the benefits and costs associated with economic development projects, programs and policies. Jurisdictions should analyze each project and its ability to achieve stated goals as identified in the economic development policy, and generate sufficient benefits to justify the cost and risk.

economy. Sales taxes can be estimated on the projected portion of disposable income that will be spent by a new employee.

As a result of increased economic activity within a state, provincial or local jurisdiction, there will be a number of indirect economic effects through employment and income multipliers. Multiplier impacts can be direct, indirect or induced. Increase in final demand (sales) in a jurisdiction requires inputs into the production process plus the need for further inputs (jobs) and other inputs of production (direct and indirect).

Assumptions about impacts to business (commercial, industrial, etc.) and residential property tax should take into consideration additional demand for new or remodeled business properties as a result of economic activity and the ability for existing house stock to accommodate new resident workers. Other transactional taxes or fees the jurisdiction will receive from development may be estimated on a

fabric structures

Benefit Elements

Growth and Diversification of Revenue Base. Jurisdictions have a vested interest in realizing expected direct benefits of economic development through revenues from development activity. An analysis should include estimates of income, sales, property, and transactional taxes based, in part, on the jurisdiction identifying where new employees will live and spend money. For example, estimates of income tax revenue assumptions should include the percent of employment that will be filled by residents of the jurisdiction versus commuters and the total portion of personal income that will become part of the jurisdiction’s www.mocities.com

per-household or new employee basis.

An analysis should include assumptions about other development-related fees, whether one-time, ongoing business taxes or payment in lieu of taxes (PILOT) where they apply.

It is important that the revenue analysis measure the impacts from business displacement and the “new” revenue generated within a jurisdiction rather than the result of business activity that is moved from one existing business to another.

Multi-jurisdictional Benefits. The full benefit of the economic development project may not be captured solely by the local jurisdiction. An analysis of project benefits should take into account other jurisdictions and the project impact.

Assessing Intangible Benefits. Other project benefits may be incurred by the local jurisdiction that, while not exactly quantifiable, can be estimated for the purpose of providing the jurisdiction’s decision makers with the most thorough information. Examples of these intan-

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Benefit Analysis Net Present Value Consideration

MML Welcomes New Communications Staff

T

he Missouri Municipal League welcomes Communications Specialist Laura Holloway as a new team member.

She began working with MML in January.

Holloway brings more than 12 years of communications and public relations experience to the position and will focus on publications, online content and marketing, and strengthening networking opportunities among members. She is excited to promote the valuable services members provide for Missouri citizens.

Previously, Holloway served with the Missouri Department of Transportation, leading the organization’s social media outreach and supporting internal and external communication initiatives. She served as the editor of MoDOT’s monthly internal publication and recorded a weekly webcast to employees statewide.

Holloway was also the web editor for the Missouri Division of Tourism, and spent a franktastic year in mobile marketing with the Oscar Mayer Wienermobile.

She lives with her husband and two children in Jefferson City.

14 / March 2012

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Determining the benefit of a project requires assumptions about the timing of benefit streams that will take place in the future and are based on conditions like employment, occupancy, etc. These benefits will most likely be received in a period other than the one in which the costs are incurred, requiring the calculation of the net present value of the project. For example, a public investment may be required at the onset of a project with annual commitments to operational costs. To make appropriate comparisons between the costs and benefit streams, a net present value analysis should be performed. The analysis should contain a clear description of the adjusted impact for the jurisdiction, the constructed methodology and the assumptions employed. It is important to acknowledge the strengths, weaknesses and limitations of results so that decision makers are fully informed.

This article is a reprint of a Best Practice from the GFOA website at www.gfoa.org.

References.

•Mike Mucha, “Fiscal Impact Analysis: How to Use It and What to Look Out for”, Government Finance Review, October 2007.

•GFOA Best Practice, Developing an Economic Development Incentive Policy, 2008.

•Paul Harris and Ronald Berkebile, “A Financial Analyst’s Toolkit: Analyzing the Fiscal Impacts of Economic Development Projects”, Government Finance Review, June 2008.

•ICMA Report, Preparing a Local Fiscal Benefit-Cost Analysis, Volume 37, Number 3, 2005.

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Government’s Data Detectives

by Jonathan D. Breul and John M. Kamensky

T

here is a growing trend across governments to use data analytics to make better decisions, and in some cases to predict (or avoid) certain outcomes. For example, Adrienne Breidenstine, an analyst on the Baltimore mayor’s staff, puzzled over how to further the mayor’s goal of increasing the city’s high-school graduation rate. She is one of the city’s “data detectives” looking for ways to improve performance.

She knew from the literature that a key to increasing graduation rates is reducing student absenteeism. So by digging into school records, she found the main reason for absences was for health reasons, predominantly asthma attacks.

So she took existing data from the schools, emergency rooms and socialservices agencies and plotted the absent students on a map, checked emergency medical service calls and other records, and identified which neighborhoods had

the most incidences. In response, the city launched a campaign in those neighborhoods, sending out public-health and social-services staff to work with parents to come up with solutions.

So what does it take for your jurisdiction or agency to create a corps of data detectives? A recent report, “From Data to Decisions: the Promise of Analytics,” jointly sponsored by the IBM Center for the Business of Government and the Partnership for Public Service, calls on government leaders to employ data analytics and invest in trained data analysts — the people we call “data detectives.” The managerial framework for analytics is the use of transparency (that includes accessibility by non-technical staff); accountability (that includes creating a clear “line of sight” so employees can see how what they do fits into the broader picture) and a focus on results.

We have found that there are four actions government leaders can take to use analytics to create data-driven

decision-making in their agencies:

Collect Better Data

The most common approach to increasing availability of data is to compile existing data into a single compendium, or single web portal, and publish it on a regular schedule. But just publishing random data isn’t helpful. Agency leaders will need to prioritize their data collection and sharing by linking data to clearly defined outcome goals and identify what performance information is needed to track progress against them.

There will also be a need for leaders to allow easy feedback, via social-media tools, from employees and—where appropriate—the public. This creates an early-warning system to alert program managers about possible performance and data reliability problems.

The best model of a cross-agency, data-intensive web portal that includes interpretive tools is the federal government’s Recovery.gov, which tracks the

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spending of federal stimulus grant and contract money. Many states, and some cities, have created similar websites.

Conduct Better Analysis

Executives will need to be able to make sense of the flood of new data using analytic tools that can help both decision-makers and the public. This means executives will have to understand who their users are and what kind of data and data displays are useful for providing meaning to the data. Information seen as useful to program managers might be very different than information seen as useful by city councilmembers, legislators or the public.

Many organizations have adopted “dashboards,” often using maps, to display information for decision-makers and the public. A good example is New York City’s My Neighborhood Statistics, which map all 311 service calls and other city-collected data by neighborhood.

Make Better Decisions

“The challenge today is no longer in collecting information,” says performance expert Harry Hatry. “The challenge now lies in using the information

16 / March 2012

that is regularly collected.” He found that the effectiveness of programs can be improved by taking timely corrective action based on information collected.

In the United States, this has fueled a movement to use “performance-stat” systems based on frequent goal-focused, data-driven meetings to support decision makers in reaching priority goals.

The “Stat” approach began in cities like New York City and Baltimore and has since spread to states as well as federal agencies. Hatry and his colleague, Elizabeth Davies, have prepared a guide to these data-driven performance reviews that summarizes best practices in conducting such meetings.

Take Smarter Action

Real-time data should not be colected and used solely to react to past events. Using smart sensors and interconnected data sets will allow more sophisticated analyses of data that are predictive in nature.

For example, Santa Cruz, Calif., launched an experiment in 2010 using large sets of data and a sophisticated algorithm to forecast when and where crimes were most likely to take place.

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The city then began to deploy police officers preemptively to stop them before they occurred. Does it work? According to ABC News, property crime dropped 27 percent.

Because of the success in the use of analytics, states, localities and the federal government are all engaging in greater use of these approaches. Look for a data detective in a government agency near you.

Jonathan D. Breul is a GOVERNING contributor. He is the executive director of the IBM Center for The Business of Government and a partner with IBM Global Business Services. He is also a fellow of the National Academy of Public Administration. John M. Kamensky is a senior fellow with the IBM Center for the Business of Government, and a fellow of the National Academy for Public Administration. This article is re-printed with permission from Governing magazine’s Better, Faster, Cheaper blog from Feb. 16, 2012.

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FIVE COMMON MISTAKES ON CITY WEBSITES

T

by James C. Hunt

he Internet is a wonderful tool that has revolutionized the way we conduct our daily lives. Cities have also embraced this new technology, and it has proven to be an effective way to communicate with citizens, visitors and prospective businesses. Cities have invested thousands of taxpayer dollars in developing city websites, and the successful ones are reaping the rewards of increased efficiency, better communication and wide exposure.

Unfortunately, poorly designed and managed city websites litter the Internet and frustrate citizens and visitors alike.

These are five of the most common mistakes on city websites:

on content to the technical gurus can be a fatal mistake for your city website.

The site should reflect the character and direction of the leadership and management of the city. I recommend forming a diverse committee to meet on a monthly basis to suggest ideas and improvements for the site. Things are changing at a rapid pace, and we need to stay current and provide the best content to keep the city website updated and relevant. Can we video stream the parking authority meetings or add a searchable complaint system?

These are things that can better communicate with and inform the public. The IT department can tell us if it’s possible; leadership can make it happen.

Failure Of City Leaders To Monitor The Site

Failure To Realize Why It’s Called The World Wide Web

As I speak around the country, I often mention something I saw on a city website, and I get a blank stare from the mayor or councilmember. Many will admit that they very seldom visit their own city’s site. In the digital world, this is as bad as failing to see a tree lying in the middle of your busiest street. The city website is often the first stop for many people who are visiting or doing business in your city; therefore, you need to visit often and note items that need attention. After all, you would never allow a police cruiser to be parked in front of city hall with four flat tires.

However, each day millions of people visit city websites with dead links and outdated information.

Having Technical People Solely Responsible For The Content Of The Site

This is surely not a knock on the IT department, but leaving decisions

While I doubt many people will confuse Paris, Texas, with Paris, France, you would be surprised at how many city officials seem to think that the only visitors to their websites will be from within their state or country. Most site selection companies use the Internet as their primary information outlet. A company from Oregon looking for a plant site should not need to get out an atlas to find out about a city. We need to think big. When you are in Richmond, tell the visitor whether it is in Indiana or Virginia! In this global economy, most visitors or companies will not be “driving into town.” Give them the information they need, and make it easy to find.

Fuzzy Contact Information

I was looking for a mailing address to send a proposal to a city recently, and felt sure that I could get the mailing address on its website. Wrong!

I spent about five minutes (an eternity on the Web) and finally gave up. Not everyone communicates via email. We need to make it easy to communicate.

Email addresses, phone numbers, fax numbers and street addresses are all a necessity and cost us nothing to add to our site.

Jim Hunt is a past president of the National League of Cities and is the founder of Amazing Cities, where he works with cities and organizations to instill excellence. He serves on the town council in Clarksburg, West Virginia, and was the president of the Test Virginia Municipal League in 1996. He can be reached at jimhunt@amazingcities.org. This article is a reprint from the Texas Town & City magazine, issued January 2012.

Out-Of-Date Information

The worst thing that can happen when a citizen is visiting a city website is to look at the calendar of events and see a listing for the 2007 Spring Fling.

There is no excuse for having a stale site.

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LEADING THE CHARGE: DECISION MAKING

by General Anthony Zinni

D

ecision making is the soul of leadership.

Good leaders know how to make decisions. Good leaders make tough decisions. Good leaders make good decisions.

How do successful leaders make decisions? What goes into making sound decisions? What are the different ways to make them?

How do decision-making processes work? A lot of observation, thought and study have gone into answering these questions.

Studies of decision making point out three effective decisionmaking processes: analytical, recognitional and intuitive.

Analytical Decision Making

Analytical decision making involves careful and detailed examination of all pertinent data relating to the decision. The data is collected, studied, integrated and evaluated in a way that brings about the most informed decision.

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Recognitional Decision Making

In fields of endeavor with regularly repeating situations and conditions, standardized analytical processes have been developed. In the military, we have developed an elaborate analytic planning process for making operational decisions. Our catalogue of the kinds of data and information required for processing and integrating the decision process is based on the study of military history and military experience over literally thousands of years.

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Recognitional decision making bases decisions on rapid identification of patterns or trends.

We make recognitional decisions every day without thinking about it – in driving for instance. No two driving situations are the same, yet over time and with experience, we internalize sets of patterns that resemble most situations we will encounter: the weather, the layout of the cars, traffic conditions, rates of speed, lights. We process all this data very rapidly and recognize the emerging patterns – when to stop, when to turn, when to slow down, when to speed up, when to stay away from some guy. This is classic recognitional decision making. We see patterns and trends and immediately register decisions and actions. The ability only comes from a great deal of experience.

Modern approaches to decision making work to develop pattern analysis skills in leaders. In today’s fast-moving and competitive world, these skills have obvious advantages in speed of decision making and focus on collecting and processing the most relevant data and information. Leaders with recognitional skills know how to glean from experience the core elements needed to make sound judgments. For these reasons, and because recognitional skills can be learned, recognitional decision making has become the mainstay of leader development programs in fields where there is no time for detailed and exhaustive analysis.

Intuitive Decision Making

Most of us recognize some form of intuitive decision making, usually seen as coming out of an instinctive, seat-ofthe-pants feeling: “My gut tells me to go this way and not that way.” Some leaders have an uncanny ability to take a quick read or to sense some intangible element not evident to others that gives them a clear insight to the right call.

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Like millions of others, I watched the “Miracle on the Hudson” unfold on TV in January 2009 – the remarkable fear of pilot Chesley “Sully” Sullenberger as he safely landed his stricken airliner in the icy Hudson River in New York, and rapidly oversaw the evacuation of all on board. As I watched him describe these events, I couldn’t help but think that this man had to be the supreme intuitive decision maker. In three and a half minutes, with no time for analysis or review of options, he intuitively processed more than 40 years of experience and study of his profession, and calmly made a series of perfect decisions. Any less than perfect decisions would have likely led to the deaths of some or all on board.

How did he arrive at those perfect decisions? What processes passed

through his brain? He probably couldn’t tell us. But the processes come dramatically alive in the cockpit audio tapes of the minutes before the river landing.

We can hear his cool, steady voice work through the systematic consideration and elimination of options, while assessing the condition of his engines (both of them were dead), glide time and space, and the best place in the water to set the plane down.

Few of us can become decision makers at the Sullenberger level, but his story clearly demonstrates how analyzed experience, developed skills and a decisive mind combine to produce a hero in action.

Some people have good intuition.

Other people think they do, but don’t.

What’s the difference? Can people be trained to become good intuitive deci-

sion makers: I’m not sure. But I lean toward doubt.

New leaders in any field are first taught to be analytical decision makers.

As they progress and gain experience, they can be trained to become effective recognitional decision makers. A few truly exceptional leaders evolve into superb intuitive decision makers.  General Anthony Zinni is chairman of the Board of BAE Systems, Inc. He retired from the military in 2000 after commanding the U.S. Central Command. Zinni has participated in presidential diplomatic missions to Somalia, Pakistan, Ethiopian and Eritrea, and state department missions involving the Israeli-Palestinian conflict, and conflicts in Indonesia and the Philippines.

This article is a reprint from the Texas Town & City magazine, issue January 2012.

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THE 7 C’s A Blueprint For Embracing Change

by Katherine W. Lawson

D

uring the ongoing economic downturn, whether or not we are approaching recovery, one fact is clearly reflected in the news media: federal, state and local municipal governmental organizational cutbacks are severe and are predicted to continue.

We are undergoing dramatic change at all levels of government and must change the way we do business. Systemic governmental change is imperative. For those of us who embrace change, new opportunities exist in the “C” of Change, which to my thinking involves seven crystalizing characteristics.

Creative Thinking

We need to recognize and facilitate our ability to be creative. We need to hire those who can express their creative approach to problem identification and finding solutions. Daniel H. Pink explores in A Whole New Mind his belief that right-brained creative individuals will rule the future. He details the new six senses that will be highly desirable for our leaders in this new age of global competition. He explains that, after the information and knowledge age, “hightouch” abilities are desirable to bridge relationships, envision the future, and move beyond traditional ways of thinking. Such creative thinking is an essential ingredient to building new relationships and developing a seamless service delivery system where all people are involved in each step of the process of governing.

Catalyst

We need to be a catalyst to change.

We must be willing to nudge and push

our agencies forward, even where others may seem perfectly content not to.

Nudging requires planting ideas, being aware that it is not important to get the credit, the position authority and the recognition that we all might appreciate.

More significant for any initiative is that we move it forward, the key component of continuous learning and improving.

We need to benchmark, set higher goals, strive to achieve them with others and be a catalyst to change. Stephen Covey, in The 7 Habits of Highly Effective People, discusses how listening and feeding back what we think we have heard our customers (citizens, clients) say is a vital part of being a great catalyst to change.

Listen and replay and listen again to be sure we get it right. Then, we can take the next step and make change happen.

Comprehension

Listening and comprehension are embodied in the practice of community involvement, especially in public forums. Whether it is a council meeting, board of supervisors or an advisory board, public comment needs to be instrumental in forming public policy, rules or regulations. We need to be careful to ensure total accessibility, consider alternate formats and make accommodations as requested. Every voice is critical to build the capacity of a whole community. Improving an organization requires that we keep our ear to the ground. This idea is exemplified in Why TQM Fails by Brown, Hitchcock and Willard.

Beyond listening, organizations should be integrated into communities and their activities. For organizations

that thrive under TQM practices, empowerment and involvement with the community leads to ownership and commitment for the whole community.

Not only must employees step out into the community, but the community must be able to have a reach into our operations, protocol and practices. Such strategic alliances and collaborative work build the capacity of the whole community to thrive. Through working in this integrated manner, we transfer ownership to stakeholders and share leadership to build better communities and organizations.

Courage

It takes courage to consider expanding services, or finding how to provide the same services at a reduced cost, without knowing what is coming down the economic road of tomorrow.

In Robert Staub’s Heart of Leadership, he outlines the “Seven Acts of Courage.” He believes these are essential to build an organization that is effective at multiple levels. He includes: the courage to see the current reality; dream and put forth a vision; confront issues and people; take value-added actions in life; self-examine; and be receptive to the strengths and talents of others. Lastly, like Covey, Staub says we need to have the courage to learn and grow.

Compromise

Texts such as Leading Quietly, by Joseph L. Badaracco Jr., identify the qualities in leaders who seek dramatic change. One characteristic he highlights is that these leaders are willing to compromise. These leaders may not be

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dominating the conversation, but have a strategic say in it. These leaders use compromise to reconcile difficult ethical dilemmas. Everyone will need to learn the art of compromise as we negotiate our differing perspectives and develop consensus. Badaracco says compromise is the art of crafting responsible, workable “solutions.”

Effective leaders regard challenges as appealing to their imagination and ingenuity and as an occasion for hard, serious work throughout the process of compromise. Badaracco further elaborates that compromise is a component of important dialogue and, for quiet leaders, this is something we will continue to engage in with each budget development process. We need to consider our ability to compromise and be flexible.

In The Change Masters, Rosabeth Moss Kanter concludes that people who are the most successful at influencing others are those who are clear about what they want, but flexible in how they achieve it.

Challenge

We need to challenge ourselves and the members of our municipality to be the best we can be. Robert Staub espouses this principle in The Heart of Leadership. He says that we must be sure to trust each other, and “encourage the heart.”

We need to face the challenges before us through a willingness to learn.

Staub examines the accelerated pace of change with newer technologies.

Written many years ago, his text anticipated the impact of the now emergent practices affecting the pace of change.

Just consider the recent advent of social media technology: YouTube, Twitter, Facebook, LinkedIn, and so on. We now see governmental, private and nonprofit organizations converging on this new technology, although many have no defined strategy. Such technology is changing the way we do business.

As the world is changing, so is our community of service. In tandem with our community partners, we need to focus on looking forward with our consumers in hand, listening to what they want to become. We can challenge ourselves to be person-centered, and ask about the hopes and dreams of the individual who is seeking support, assistance or direction, and share our knowledge about what services are available to support the fullest possible self-determination and self-reliance.

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Celebration

We need to be sure to take the time to celebrate success. Our organizational success and the broader success of our communities are surely something for which we can be thankful. Whether we throw a pizza party, a covered-dish supper, or simply celebrate our cultural diversity, each celebrated event builds hope and reinforces combined success.

Working together at all position levels, we are a family of sorts. We can nurture each other, console each other.

Let’s recognize that most employees spend more time at work than any other single place. We see each other more than we see our children or spouses, and important positive interchange can become the flagship of our agencies.

As individuals, as sections, as agencies and as governments we need to know each other within our organizational walls, between buildings and throughout the broader community. We might employ telecommuting, shared work spaces or other creative cost controls, but with our partners, we will maintain some organizational identity and a shared identity as a member of the whole community. We all have exceptional gifts and talents and can celebrate that we are appreciated. A talent show, a holiday ball, anything is possible, particularly where we value our partners and value their unique position to enhance our effectiveness in the broader landscape of human support services.

Conclusion

Awareness is key. Whether we are practicing community inclusion, integrated approaches, or community engagement, nothing is more important than recognizing the community we serve is the reason we exist and is essential to our survival. Managers and staff are but one part of the broader whole and all community partners can be winners with each step forward.

The “C’s” are ways to stimulate community growth by engaging the human capacity for increased selfdetermination, self-reliance, and the community’s ability to help determine the direction we will follow. We must create a climate, both internally in our governmental organizations and externally among the community we serve, to ensure that more people can contribute to economic growth and stability. This requires that we improve our outreach strategies, broaden our networks and establish new partnerships to manage

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the funds necessary to support a rapidly changing community. Such practices will enable us to leverage the resources both in-kind and financial, and be the most competitive contenders for the scarcer grant money available from foundations, and at the state and federal level.

As we rethink the challenges ahead, how will we respond to improve our effectiveness? In Why TQM Fails, Brown, Hitchcock and Willard conclude that employees should be expected to embrace the challenge of change and be proactive and self-directed about their own learning. Collective and collaborative learning in organizations requires that we enter into dialogue together, in free and creative exploration of subtle issues and a “deep listening to one another.” Further, we can develop a “habit of reflection,” which requires we recognize our own preconceived notions and then set them aside so we can carefully examine the ideas of others.

Change is inevitable. Either we will be a primary catalyst to change or we will be subjected to unexpected changes that can throw our organizations into panic. In the 7 Habits, Stephen Covey discusses the value in being proactive, taking hold of the opportunity to manage change, to steer the ship through trying times. In my view, the “C’s of Change” can be integrated into every level of our municipal operations so our organizational membership can lead the way by being a catalyst to positive, inclusive change. Further, I see that change can occur most effectively and most rapidly at the municipal level rather than at the state or federal levels. That is where citizens can be the most active, most engaged and most included, so that we develop an inclusive integrated capacity not yet fully realized. Katherine W. Lawson, MPA, is president of Families At Work, Inc. She began her career in municipal government and held a range of health and human services positions that intersect with – and sometimes are funded – by the federal government. She earned her BA and MPA at Virginia Commonwealth University. Her faith and values include community service and community support through volunteerism and her public policy think tank, Families At Work. For more information go to www.familiesatwork.org. This article is a reprint from Virginia Town & City, issue November 2011.

March 2012 / 21

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QUARTERLY STAFF HIGHLIGHTS Legislation

League staff began preparations for the 2012 legislative session.

Staff reviewed all pre-filed bills introduced by the General Assembly.

Staff coordinated and attended a meeting of municipal lobbyists and leaders to discuss bills and strategies for the 2012 session.

League Office Updates

Staff changes were made with the departure of Legislative Associate Patrick Bonnot. Deputy Director Richard Sheets now directs the League’s advocacy program. Editor and Communications Associate Katie Bradley and Member Services Associate Stuart Haynes have transitioned into new positions of policy and membership associates.

Laura Holloway joins MML as the new communications specialist.

She comes to us from MoDOT with an extensive communications background.

We are excited to have Laura onboard.

Staff prepared for a new billing cycle. All members will now be billed in January of each year.

Conferences And Meetings

Executive Director attended NLC Steering Committee Meetings in Washington.

www.mocities.com

Staff made preparations for the Missouri City/County Management Association Winter Workshop.

Staff began program development and made hotel arrangements for the Missouri City/County Management Association Spring Conference.

Staff made preparations for hotel arrangements and program for the MML Legislative Conference held in February.

The MML Board of Directors met in November in Fulton, Mo. Staff met with officials from Missouri School Board Association, Missouri Department of Economic Development, Missouri Economic Development Council, Missouri Association of Counties, Department of Natural Resources, Missourians for Fair Taxation, and the Coalition for Missouri’s Future.

Deputy Director attended the MSAE board meeting.

Staff prepared and attended the Central MML Meeting in Marshall.

Staff began preparing for Missouri Local Government Week.

Research And Publications

Staff initiated a wage survey.

Staff published The Missouri Municipal Review, “MML Monthly Newsletter”, “MMAA Newsletter,” and the “MML Legislative Bulletin.”

The Missouri Municipal Review

Staff responded to more than 1,000 inquiries this quarter. Topics included were: council procedure, elections, utilities, Sunshine Law, personnel, financial management, planning and zoning, taxes, conflict of interest, purchasing, annexation, police, streets, economic development, parks, building permits, liquor, municipal court, animals, legislation, offenses and traffic.

Online Training

Thirty-four members have utilized the League’s online training program. Top classes include: Anger & Stress Management and Local Government 101.

Technical Assistance

The League’s wage information service, WAGQUE, was provided to 14 municipalities this past quarter.

All publications and inquiry materials were delivered in an electronic format allowing inclusion of photos, direct links and graphics.

Membership

The municipality DesArc joined the League this reporting period of November, December and January.

League membership stands at 668. Your League staff welcomes the new member officials. Please contact us whenever we may provide assistance.

March 2012 / 25

Frequently Asked Questions Each day your Missouri Municipal League staff answers dozens of questions on municipal issues. For this issue of The Review, the FAQs focuses on municipal taxes. Municipal officials should keep in mind that special regulations may apply to their city. In particular, St. Louis County cities have a different arrangement in regards to the local sales tax. As with all legal matters, municipal officials are urged to consult their city attorney for guidance in the specific problems faced by their municipality. Answers provided in this column should serve only as a general reference.

Q. What Are The Main Sources Of Revenue For Missouri Municipalities?

League surveys have found that the sales tax, property tax and utility gross receipts taxes are the primary revenue sources for Missouri municipalities. When comparing Missouri municipalities with those in other states, it is found that Missouri municipalities must rely on their own local funding sources more than cities in many other states where the cities may receive greater state funding.

Q. What Is Subject To The Sales Tax In Missouri?

All sales of tangible personal property are taxable unless there is a specific statutory exemption. All sales of services listed as taxable in Section 144.020, RSMo including telephone and telegraph services, are subject to sales tax.

Q. What Is The Process For The Enactment Of Sales Tax?

The basic steps for the passage of sales tax are as follows: (1) municipality passes an ordinance calling for the issue to be placed on the ballot on the next election;

Revenue Sources (Taxes) (2) following voter approval a copy of the ordinance, election results, and a map of the city boundaries is sent to the Department of Revenue (DOR); (3) within 3-6 months DOR will begin collecting the new sales tax and remitting the proceeds to the city.

Q. What Types Of Sales Taxes Are Available?

Currently there are six different sales taxes that may be utilized by most Missouri municipalities. The first is the general purpose sales tax; proceeds from this tax may be used for any municipal purpose. The five other sales taxes are: capital improvements, transportation, storm water/parks, fire protection and economic development.

Revenue generated from these taxes may only be used for the particular purpose which the sales tax was created.

Q. We Need To Fund Our Law Enforcement Efforts, Is There A Sales Tax For This?

No. Currently, there is not a specific sales tax earmarked for law enforcement. A few municipalities have had special legislation passed providing authority for their city to impose a law enforcement sales tax, but again there is not a law enforcement sales tax available for most municipalities. Cities seeking to fund their law enforcement department through a sales tax may wish to consider using a general sales tax.

Q. What Rate May A Sales Tax Be Imposed?

It depends. The rate at which a particular sales tax may be imposed depends on the type of sales tax. General sales taxes may be imposed at one-half, seven-eighths or 1 percent. The capital improvement sales tax may be imposed at one-eighth, one-fourth, three-eighths or one-half. The transporta-

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tion sales tax may not exceed one-half of 1 percent. The storm water/parks sales tax may not exceed one-half of 1 percent. The fire protection sales tax may not exceed onefourth of 1 percent. The economic development sales tax may not exceed one half a percent. There is no cap on the cumulative total of each of the individual sales tax.

Q. What Is A Stacked Sales Tax?

The term “stacked sales tax” is generally used to refer to multiple capital improvement or general revenue sales taxes.

The statutes for both the capital improvement and the general revenue sales tax provide that these taxes may be imposed at given rates and that such imposition must be preceded by voter approval. These two particular sales taxes do not include the limiting language found in other sales tax authorizations setting a maximum amount for the respective sales tax. Some cities have thus passed multiple general revenue or capital improvement sales taxes, hence the term “stacked sales tax.”

Q. The Voters Did Not Approve Our City’s Sales Tax, How Long Must The City Wait Before Submitting The Issue To The Voters Again?

It depends on which type of sales tax is being considered. For capital improvements, storm water/parks, and the economic development tax, the city must wait at least one (1) year prior to resubmittal. For other types of taxes, there does not appear to be a minimum waiting period.

Q. What Is An “A” Or “B” City?

St. Louis County has unique laws governing its sales tax distributions. The sales tax rate in St. Louis County is composed of some county-wide taxes plus some

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The Missouri Municipal Review

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Missouri County Record - Submitted 2/28/08 (continue to use till updat individual city sales taxes. The county-wide taxes and some of the individual taxes are distributed by the Department of Revenue to the county government for further distribution to the cities. Some individual city sales taxes are distributed by the Department of Revenue directly to the city. St. Louis County has several unique distribution formulas. One is for the 1 percent county-wide sales tax where cities are either in “Group A” or “Group B.” Group A cities receive sales tax revenues based on point of sales, while Group B cities share a “pool” based on population. The county government handles this distribution.

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Q. What Is A Use Tax?

The local use tax is applied, in lieu of the local sales tax, on transactions that individuals and businesses conduct with out-of-state vendors, including catalog and direct market sales. Sections 144.757-144.761 RSMo authorizes any incorporated city, town or village to impose a local use tax.

Q. What Is The Rate At Which A Use Tax Would Be Applied?

The city may impose a use tax only at the same rate as its city sales tax rate. If the city’s sales tax rate is repealed, reduced or increased by voter approval, then the city’s use tax rate is similarly repealed, reduced or increased.

Q. How Is The Use Tax Collected?

If the out-of-state vendor has a facility in Missouri, the vendor will collect the local use tax, along with the state use tax, and remit both to the Missouri Department of Revenue (DOR). If the out-of-state vendor does not have a facility in Missouri, the purchaser must file a use tax return with DOR but only if the individual or business has more than $2,000 in such purchases during the calendar year.

Q. What Is The Process For Imposing A Local Cigarette Tax?

RSMo 149.192, passed in 1993, prohibits municipalities from enacting any new cigarette tax.

Q. Is There A Local Option Gasoline Tax?

Yes, Article IV, Section 30(a)(3) provides municipalities with the authority to impose a local option tax on gasoline. The tax requires a two-thirds majority voter approval. Mathews, Missouri is the only known municipality in the state to currently impose this tax.

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Q. Is A Vote Of The People Always Needed To Increase Revenues?

It depends. In 1980, the voters of Missouri approved the Hancock Amendment to the Missouri Constitution. One of the key elements of this amendment is that any new license, tax or fee must be approved by a majority of the local voters prior to imposition. Prior to the passage of Hancock, city councils had been able to increase key funding sources such as property tax levies without seeking voter approval. In the wake of Hancock, it looked like minor revenue sources such as bus fares or concession pricing was going to require going through the election process. The Missouri Supreme Court in the landmark case Keller v. Marion County Ambulance District developed a five point test to determine if a revenue source is really a tax needing voter approval or a user fee that can be increased without voter approval. Determining if a particular revenue source is a user fee or a tax is something that requires consultation with the city attorney. Generally, user fees are thought to include items such as utility fees, swimming pool passes, building permits or bus fares.

Revenue sources that clearly require a vote of the people under the amendment include property tax levies and sales taxes.

Q. What Is The Maximum Amount Our City Can Set The General Property Tax Levy At?

the maximum levy amounts that municipalities may impose. This process is often referred to as the “roll back.” The governing body of each municipality may set the municipality’s levy at or below this roll back rate. Municipalities may only go above the roll back rate with voter approval. For all municipalities except villages, the general operating levy may be increased to a rate of up to $1.00 per $100 of assessed value with voter approval.

Villages are limited to $0.50 per $100 of assess value. In addition, all municipalities (including villages) may impose an additional levy of up to $0.30 per $100 of assessed value over their respective maximum for a period of up to four years if approved by a two-thirds majority of the voters.

Q. Are There Other Types Of Property Tax Levies?

Yes. A number of special purpose property tax levies are available to municipalities. These include levies for parks, health, solid waste, museums and libraries. Many of the answers in this FAQ come from information available on the Department of Revenue’s (DOR) website, League surveys and staff articles. More information about municipal revenue sources can be found on the MML “OneStop-Shop” under “taxes.” Municipal officials needing guidance about specific situations in their communities should consult with their purchasing officer or city attorney.

In accordance with the Hancock Amendment, the Missouri state auditor sets

The Missouri Municipal Review

March 2012 / 27

42nd Annual Legislative Conference February 14-15, 2012

MML board members met before the Conference on the morning of Feb.14.

W

inter weather did not stop MML members from taking the time to visit Jefferson City for the 42nd Annual Missouri Municipal League Legislative Conference.

Despite a snow storm the day before the conference, 230 attendees traveled to the Capitol Plaza Hotel to hear a variety of legislators speak

about pending legislative issues that affect cities.

During the evening of Feb. 14, attendees visited with Senators and Representatives informally during a legislative reception held at the hotel.

The next morning, many were up bright and early to hear Missouri Secretary of State Robin Carnahan address League members at the Capitol,

MML President Mayor Norm McCourt, Black Jack, welcomes attendees. Pictured left is MML Vice President Councilmember Susan McVey, Poplar Bluff.

28 / March 2012

followed by a legislative breakfast and a visit with their local lawmakers.

The conference was a valuable opportunity for local officials across Missouri to share legislative concerns with legislators and the MML.ď ą

In addition to learning about legislative issues, attendees visited with legislators, municipal colleagues and MML staff.

The Missouri Municipal Review

www.mocities.com

Missouri Secretary of State Robin Carnahan speaks with MML members about the initiative petition process.

Find her article and more information on the proposed improvements for the process on page 10 of this Review.

Pictured at the legislative breakfast are Lebanon’s City Administrator Chris Heard and MML Board Member Alderman Donna Baringer, St. Louis.

www.mocities.com

Moline Acres Alderwoman Darlene Bell and Mayor Michele DeShay visited with their local legislators on Feb. 15.

The Missouri Municipal Review

March 2012 / 29

Congratulations Deanna L. Jones Master Municipal Clerk!

Deanna L. Jones, MMC and City Clerk of the City of Velda City, has earned the prestigious Master Municipal Clerk designation from the International Institute of Municipal Clerks.

The MMC is one of the two professional designations granted

by IIMC. To qualify for entrance into the Master Municipal Clerk Academy, which prepares participants for achieving the MMC status, one must have earned the CMC designation.

To earn the CMC designation, a municipal clerk must attend extensive education programs. The designation also requires pertinent experience in a municipality. The program prepares the participants to meet the challenges of the complex role of the municipal clerk by providing them with quality education in partnership with 47 institutions of higher learning.

The MMCA is an advanced continuing education program that prepares participants to perform more complex municipal duties.

The program has an extensive and rigorous educational component, a professional and social contributions component, and a commitment to lifelong learning. The Academy members must demonstrate that they have actively pursued educational and professional activities and have remained informed of current sociopolitical, cultural, and economic issues that affect local governments and municipalities.ď ą

30 / March 2012

2012 CALENDAR OF EVENTS March 8-18 12-16

Legislative Recess NLC Congressional City Conference, Washington, DC

April 3 18-20 30-May 4

Municipal Election Day MCMA Spring Conference, Westin Hotel, Kansas City, MO Local Government Week

May 1-4 2-4 18 20-24 21-25

Local Government Week MO GFOA Spring Institute, Lake Ozark, MO General Assembly Adjourns International Institute of Municipal Clerks Annual Conference, Portland, OR Nation Public Works Week

June 14-15

MML Newly Elected Officials Conference, Capitol Plaza Hotel, Jefferson City, MO

July 13-15 September 9-12 15 29-Oct 3 October 1-3 November 6 27-Dec 1

Missouri Municipal Attorneys Association Summer Seminar, Tan-Tar-A, Osage Beach, MO MML Annual Conference, Hilton Branson Landing, Branson, MO Financial Disclosure Ordinance Deadline ICMA Annual Conference, Denver, CO

International Assn. of Chiefs of Police Annual Conference, San Diego, CA Election Day NLC Congress of Cities, Boston, MA

The Missouri Municipal Review

www.mocities.com

www.mocities.com

The Missouri Municipal Review

March 2012 / 31

K ING

H E R S H EY

Raising the bar on service to municipalities in Missouri William B. Moore reflects the kind of dedication and professionalism that every attorney at the King Hershey law firm is committed to. Bill was recognized this year by the Missouri Municipal Attorneys Association, and honored with the Lou Czech Award for: • His professional accomplishments in serving the public’s interests and the various governmental jurisdictions that he serves.

• His professionalism and respectful relationships with elected officials, the public and other local government professionals.

• His commitment to training and supporting young professionals just entering the field.

• His contribution of valuable time and effort spent serving the local, state and international city attorneys associations; serving on Municipal League committees and in other capacities that have proven beneficial to the public welfare or the promotion of the profession of municipal law.

• His record of ethical conduct in all private and professional matters.

Congratulations to our friend and colleague, Bill Moore.

King Hershey Welcomes Your Challenge in the Areas of: • Municipal Law • Municipal Finance • Zoning and Land Use

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