MML Review Magazine by Missouri Municipal League

REVIEW

A U N I T E D V O I C E F O R M I S S O U R I M U N I C I PA L L E A G U E C O M M U N I T I E S

THE MISSOURI MUNICIPAL

September/October 2021

MISSOURI

CITY CLERKS

Superheroes of local government 1 Virtual Meetings | MoCCFOA Certification Program | The Cybersecuritywww.mocities.com war | Tourism

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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 2 theReview September/October Distributors, Inc. is a wholly owned2021 subsidiary of PFM Asset Management LLC.

THE MISSOURI MUNICIPAL

September/October 2021; Volume 86, No. 5

CONTENTS Features 7 Other Duties As Assigned

10 Virtual Meetings: The Good, The Bad, And The Lessons Learned by Renée Kingston 13

Getting To Know You. . .

CITY CLERKS

by Judy Egbert

MOCCFOA Certification Program by Leesa Ross

15 FAQ: Parliamentary Procedure by Karen Goodwin

18 Getting To Know You: City Clerks Brooke Bell, Melissa Burton, Karen Goodwin, Bill Hanks, Sheryl Morgan, Becky Schimmel

24 The Cybersecurity War: You Are A High-Value Target!

by Shane Naugher

27 Uncovering Root Causes Behind

Billing Problems by Joe Montes

32 News From The Bench: Gross V. Parson - Missouri Supreme Court Issues Important Guidance On Sunshine Law Requests

by Nathan Nickolaus

35 Selling Fun Is Serious Business For

Hermann, Missouri. Photo Credit: Missouri Division of Tourism

The Missouri Division Of Tourism

by Stephen Foutes and Liz Coleman

Departments 4 President's Review 5 Director's Review 6 City Clerk's Review 39 Local Government Review: MML

Regional Meetings & Member Visits

41 Member News 42 MML Calendar Of Events

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Chuck Caverly, Council Member, Maryland Heights Vice President: Joe Garritano, Council Member, Wildwood; Damien Boley, Mayor, Smithville; Paul Campo, Attorney, Williams and Campo, PC; Bryant Delong, Council Member, North Kansas City; Michele DeShay, Mayor, Moline Acres; Cemal Unmut Gungor, City Administrator, Grandview; Dwaine Hahs, Mayor, Jackson; Heather Hall, Council Member, Kansas City; *Debra Hickey, Mayor, Battlefield; *Chris Lievsay, Council Member, Blue Springs; *Norman McCourt, Mayor, Black Jack; Chris McPhail, Alderman, Clever; Sheryl Morgan, City Clerk, Blue Springs; Heather Navarro, Alderman, St. Louis; Lori Obermoeller, Finance Director, Creve Coeur; Len Pagano, Mayor, St. Peters; Cindy Pool, Council Member, Ellisville; Matt Robinson, Mayor, Hazelwood; *Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Matt Turner, Alderman, Harrisonville; *Gerry Welch, Mayor, Webster Groves; Jeana Woods, City Administrator, Osage Beach *Past President AFFILIATE GROUPS Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Richard Sheets and Lori Noe Contributing Editors GRAPHIC DESIGN Rhonda Miller The Review September/October 2021; Volume 86, No. 5 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

President's Review

by Chuck Caverly, Council Member, Maryland Heights, and MML President

Moving Forward It has been a great honor to have served as your Municipal League president this past year. I cannot express enough gratitude to my fellow MML Board members, MML staff and most importantly, all of you as members. There have been many ups and downs in our communities as we have all worked to recover from the pandemic. However, there is no question that MML continued to fight with a united voice at the state and federal level. In fact, this year brought historic successes in the Missouri state legislature, with five major municipal policy objectives advanced that will all help you better serve your communities. With your encouragement and support, the League is stronger than ever.

This year brought historic successes in the Missouri state legislature, with five major municipal policy objectives advanced that will all help you better serve your communities.

This was also a big year for your MML staff. As you know, MML Executive Director Dan Ross retired in December 2020. Deputy Director Richard Sheets stepped in as interim executive director. After reviewing the work and recommendations of the MML Board of Directors Executive Director Search Committee, the MML Board of Directors voted unanimously in August to appoint Richard Sheets as MML’s new executive director. Richard has served the League for 40 years and has been instrumental in bringing about a new impression of the League at the legislative level, where he works with lawmakers and stakeholders to find solutions to municipal challenges. With his leadership, MML is seen as a strong organization sharing a united voice for cities that finds workable solutions to strengthen our communities. As executive director, Richard will continue to be the face at the Missouri State Capitol sharing our united voice and ensuring that municipal interests are taken seriously. I am confident the Board of Directors has made the best choice to ensure a bright and healthy future not only for the League, but for our cities. It is my honor and great privilege to welcome Richard to this role.

As I complete my term as president, I offer some advice to all members – Be involved! Take advantage of the League’s services and keep up to date on what is happening at the state level. MML provides a wealth of resources to handle questions of all sizes. Make sure you are receiving emails from MML, whether it is the weekly e-newsletter or the Capitol Reports during the legislative session. Staff is also available by phone throughout the week to provide guidance, best practices and additional resources tailored to your specific questions. When you take the initiative to use MML resources, attend an event, ask your questions, and share what you have learned with others, it helps all of us to speak unilaterally as Missouri cities. This is your League. Make the most of it and thank you for allowing me to serve as your president this year.

theReview September/October 2021

Director's Review

by Richard Sheets, Executive Director, Missouri Municipal League

Advocating For Local Leadership It is such an honor to be appointed as the new executive director of the Missouri Municipal League. The confidence the MML Board of Directors has shown in me is both humbling and energizing. As executive director, I look forward to working with a dedicated Board of Directors, an exceptionally talented and committed staff, and most of all, members. As local officials, you are the true leaders of this state. Your work affects the day-to-day life of Missouri citizens more than any other level of government, and it is a privilege to represent your interests to state and federal officials. Each day you tackle the crucial issues that directly impact the lives of every Missourian. From water service to transportation, public safety to city parks, your work matters so much.

I pledge to you that the Missouri Municipal Leauge will continue to fight to preserve your ability to make the local decisions that are the best solutions for your community.

I pledge to you that the MML will continue to fight to preserve your ability to make the local decisions that are the best solutions for your community. As we enter the last few months of 2021, MML will be meeting with state legislators and local government stakeholders to look at priorities for the coming 2022 Missouri Legislative Session. This is a busy time preparing for the many issues that are sure to come up next January. During this time, make sure you are receiving MML email communications. If you have not received our weekly Capitol Reports before or do not currently receive our Weekly Voice e-newsletter, be sure to contact us so we may ensure you are ready to receive the Capitol Reports in 2022. It is so important for you to be aware of the latest proposals at the state capitol that affect your city, and the weekly Capitol Report will make sure you have updates on the top issues and know when to reach out to your legislator.

When we stand together and speak with a united voice, nothing can stop us. I welcome the opportunity to continue MML’s important work to advocate for the vital services you provide.

EXPAND YOUR HORIZON MML’s Municipal Governance Institute rewards your commitment to learning new skills and abilities in the local government field. Learn how to become a

www.mocities.com

NEW! An Advanced MGI program is now available, offering custom-crafted modules with increased challenges and rewards.

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City Clerk's Review

by Octavia Pittman, CMC/MPCC, MoCCFOA President, City Clerk, City of Ferguson

Missouri City Clerks And Finance Officers Association (MoCCFOA) Have you heard that old saying “ask the city clerk, they will know the answer”? I bet you have asked and they were able to answer, too. Have you ever wondered why that is the case? Here is part of the reason why….. The city clerk is one of the oldest positions in local government. Historically this position has served as the keeper of all of the town’s records ... and, by memory (imagine that)! Even though we now have technologies and various resources available to us, this is still true today!! Your city clerk is one of the most important members of your team. From the array of duties, the wealth of knowledge, the eagerness to serve – I could go on. It is likely that they have gained the majority of their training through the Missouri City Clerks and Finance Officers Association (MoCCFOA).

The 2021-2022 Executive Board consists of: President, Octavia Pittman (Ferguson); President Elect, Melissa Burton (Overland); Secretary, Amy Edwards (Platte City); Treasurer, Deanna Jones (Berkeley); and Immediate Past President, Renée Kingston (Camdenton)

The MoCCFOA was established in 1951 as a professional organization providing opportunities and resources for professional development and continuing education designed to assist members in the performance of their daily responsibilities. With curriculum guidance through Missouri State University, the MoCCFOA offers the following annual training sessions in central locations throughout the state: • Spring Education Institute • Academies at the Missouri Municipal League Annual Conference • Fall Regional Education Sessions, and more through one of nine divisions. MoCCFOA members also are able to earn professional certifications that reflect the amount of training and level of knowledge they have been able to obtain.

Formal training is just one aspect of MoCCFOA professional development. The network built through membership in MoCCFOA is a valuable component. Through the MoCCFOA Mentor Committee, new clerks are matched with more experienced clerks from similar size or class of municipal government to provide guidance and support for someone new to the position. There are very few situations that are a completely new experience in a local government and members can often seek guidance from another member for solid advice or direction to find appropriate resources. MoCCFOA currently boasts a membership of approximately 400 municipalities, representing the smallest village or fourthclass city with a single employee, to some of the largest cities in the state. No matter the size of the municipality and the level of experience, the MoCCFOA is a place every city clerk can go for professional development and camaraderie. We have all experienced a bit of difficulty this past year, and while we are not yet in the clear, it is a relief to know that we are making progress, and the MoCCFOA is excited for the year to come. We will continue to look at innovative ways of making our association accessible while we navigate the changes of our new normal. Is your city clerk a member? For more information and/or to contact a member, visit www.moccfoa.org. We look forward to continuing work with Missouri city clerks and finance officers for years to come. 6

theReview September/October 2021

FEATURE Review by Judy Egbert

Other Duties As Assigned

Years ago, during a “Nuts and Bolts” class in a very small town, a citizen sheepishly came into the room at city hall and pulled the clerk aside. The clerk excused herself, saying that she needed to deal with something right away. Everyone was a bit concerned and very curious. It turned out that the restroom in the park was out of toilet paper. That provides a true understanding of the wide variety of clerks’ duties. Most people involved in municipal government have a good general perception of what a clerk does. There is no lack of understanding that a clerk manages elections, liquor licensing, and records. The city council would have no agenda packet, minutes or public notice for meetings without the clerk. What some may not know is the extent to which there are either additional or subsidiary activities involved in a clerk’s role. The smaller the municipality, the broader the tasks are. Clerks can be responsible for things as diverse as cemetery management, finance, human resources, utility billing, boards and commissions, general reception and even land use.

Just consider for a moment the skills and knowledge that are required for being an expert in all of these unrelated areas, and then throw in the very real need for toilet paper on top of that. Consider what it means to provide government transparency. There was a time when agenda packets and open meeting notices were posted only in hard copy on a bulletin board at city hall. Now the expectation is for these items to be on the website and social media. Makes perfect sense, and clerks routinely update websites with this and other information. But what about when the website itself needs a complete overhaul, or the URL needs to be redirected? Clerks are the ones expected to jump in, learn the skills and make it happen. Not all citizens are willing to actively seek out information electronically. Perhaps a newsletter is in order. Then there are news releases, and social media expectations. Now the clerk has become a public information officer. A function such as records management sounds pretty straightforward; but, does everyone who touches records manage them in a consistent way? And what about that new records management

software that was just purchased? To be a records manager, a clerk must also be a software expert, motivator and trainer. Speaking of training, do elected officials appear with a full knowledge about local government and their specific municipalities? Do they even know how and when to get their agenda packets? The clerk is the first link that officials have when they even consider running for office. From that time forward, the clerk is their go-to person to guide them through what can be a daunting process. Many clerks conduct training for candidates before they pick up a petition. This is valuable because it helps the candidates understand the jobs they are running for, and guides them in navigating the election process but, it is after the election that the real training begins. This is the opportunity to get into the details of how elected officials need to prepare for meetings, act during meetings, understand their roles and limitations, and be responsive to their citizens. Often the clerk will enlist other training resources, such as the Missouri Municipal League (MML), the Missouri City Clerks and Finance www.mocities.com

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theReview September/October 2021

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Officers Association (MoCCFOA) or outside trainers. Serving as support for elected officials can carry a broader range of duties than one might realize. First, the clerk must learn the personality and expectations of each individual alderman or council member. Does the mayor draft his or her own correspondence, or is the clerk expected to be a ghostwriter? When traveling, will elected officials make their own reservations or expect this to be done by the clerk? There is no one universal process, and the clerk can easily fall into the role of travel agent and social organizer. Clerks, by their nature, easily get tasked with those duties that involve care and nurturing. When an employee experiences a death in the family, it is usually the clerk who sends the card or flowers. Employee and community events have attractive invitations and decorations often because of the clerk. And speaking of events, the clerk’s job can include the entirety of event management. Large events involve multiple layers of municipal roles — liquor licensing, business/vendor licensing, public property use permits, street closures, traffic control, trash pickup, recycling, advertising, cleanup and debriefing. While this clearly involves staff other than the clerk in most cases, someone must serve as the point person to coordinate all the efforts. While some municipalities have an event coordinator on staff, in many cases the clerk fills this role. The financial duties mentioned earlier can be significant. For those who serve as clerk/treasurer, this is obvious and clearly part of the job. For those who do not serve as treasurer, there still may be finance-related activities that fall to the clerk. This can include anything that needs a separate person to accomplish separation of duties, such as payroll, cash receiving, bank reconciliations and making deposits. Grant record-keeping falls to the clerk as records manager, but it is not uncommon for the financial management and reporting to also be within the clerk’s role. And sometimes the clerk is the one to write the grant and manage the project. General administrative functions are a big part of the clerk’s job

and can be quite varied. Most manage facilities rentals, while some manage the entirety of recreational programs. Many provide front-line reception services that include telephone, walk-ins and mail tasks. When considering all of the unrelated skills required to be a clerk, one thing they all have in common is the ability to read and implement statutes and code. A clerk serving in a home rule municipality should know its charter thoroughly and how that charter interacts with other laws. While an ordinance is law and therefore should be written by an attorney, often the clerk creates the first draft that the attorney then reviews and approves. Because clerks also maintain the codification of ordinances (and usually can quote article and section for every subject), they are subject experts for all things code, including state laws. Resolutions, proclamations and policies often are created by the clerk. When it comes to internal policies, the clerk is the driving force when it comes to recognizing the need for the policy, drafting it and carrying it through the appropriate approval process. There was a time when a contract involved a handshake, not a request for qualifications, a request for proposal, scope of services, and amendments. Risk

management meant watching your step, not a series of trainings that are fully documented and site inspections from insurance companies. Hiring a new employee did not involve a two-page list of things to do prior to letting that person start working. As a society, no one expected instantaneous responses. As laws change, expectations rise, and bureaucracy grows; the clerk’s job has become not only more time-intensive, but it also carries a greater need for expertise. The role of clerk is a unique profession in that most clerks get the job first, then get the education to support the job. You do not hear children saying, “I want to be a city clerk when I grow up!” But, clerks who find their niche are passionate about the profession. They have a strong professional network and amazing training opportunities. While the specific duties can vary greatly from one municipality to the next, clerks fill an unspoken role as the link between citizens and elected officials. And, they never want you to run out of toilet paper. This article originally appeared in the October 2018 edition of Colorado Municipalities. Reprinted with permission from the Colorado Municipal League, with minor edits to reflect Missouri-specific terms.

www.mocities.com

FEATURE Review by Renée Kingston

Virtual Meetings:

The Good, The Bad, And The Lessons Learned

A very useful piece of technology for the city of Camdenton has been the Meeting Owl, a 360-degree camera and microphone that follows the speaker.

During my swearing in as president of MoCCFOA in March 2020, I had challenged our Missouri clerks to “Go Be Extraordinary” – to really step outside their comfort zones and be extraordinary leaders. Little did I know that we would be in the middle of a pandemic a week later and asked to be those extraordinary clerks I knew we were. I am proud of all Missouri Clerks for stepping up and keeping our cities moving in the right direction. We learned skills in social distancing, working from home, Zoom, Go To Meetings, WebX, and how to live stream meetings, to name a few. For the city of Camdenton, the first Zoom meeting right after the COVID-19 pandemic began was anything but smooth. You might say it was in the bad category (thankfully, it was not on Facebook Live!) We simply did not have the right pieces of technology in place or the experience to make it all happen smoothly. As the saying goes, “we have come a long way, baby.” With funds made available through the Coronavirus Aid, Relief, and Economic Security (CARES) Act, we were able to procure Chromebooks for each alderman, as well as a very useful piece of technology (in our opinion), a Meeting Owl. 10

theReview September/October 2021

The Meeting Owl is a 360-degree camera and microphone that follows the speaker. The camera will spotlight the speaker wherever they are in the room, as well as display the front of the room and the back of the room across the top. While we have returned to in-person meetings, the City continues to broadcast meetings to the City’s Facebook page live. We may only have two or three followers watch it live, although we do have one fan who is faithful to watch every meeting live and will usually comment. Several others watch the meetings later. I reached out to some fellow clerks for their help in providing some tips they learned while adjusting to virtual meetings. Here are a few of the lessons learned. • Do not eat during a meeting; otherwise a citizen will point it out. • Business up top … pajama pants on the bottom … just remember to always stay sitting down. • Any facial expression shown is now more noticeable on Zoom – see next tip!

• •

•

• • • •

Masks are great for hiding facial expressions. Zoom can teach you to be a better listener – you cannot talk over anyone, or you cut each other off. Practice patience and listening before speaking. Virtual meetings make you appreciate people and the importance of face-to-face contact; personal interaction is so important – Zoom makes reading body language harder. Remember to unmute yourself before speaking and re-mute yourself when you are done speaking. Keep children and pets in another room during meetings. Equipment that works on one platform does not always work well on another – expensive and complex audio equipment might be better left to the musician’s scene. Be mindful of your background. Do not join a virtual call if you are traveling in a vehicle, especially if you are driving. Is it possible? Yes. Advisable? No.

•

Do not do anything you would be embarrassed about if you were caught doing it during an in-person meeting.

•

Enable session lockdown to keep out uninvited guests.

Renée Kingston has worked for the city of Camdenton, Missouri for 24 years and is currently the assistant city administrator/city clerk.

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How MML Serves Members: Access to Tools and Resources

Sample ordinances and policies; articles; Attorney General’s opinions; municipal survey results (e.g. tax rates and salary data). When the pandemic hit, MML worked quickly to provide daily updates and resources for your questions, including webinars, member policy examples, and state and federal guidance.

Responses to Your Questions

From animals to zoning, your municipal questions are promptly answered by expert MML staff.

REVIEW

A U N I T E D V O I C E F O R M I S S O U R I M U N I C I PA L L E A G U E C O M M U N I T I E S

THE MISSOURI MUNICIPAL

Lobbying at the Capitol

January/February 2020

Opportunity Zones Program: Challenge and Opportunity For Every Community

MML represents your community at the state and federal level. The League works to protect local decisions for local communities.

Economic Development Issue

Publications for Members Only

Members receive the MML Review magazine, a monthly e-newsletter, technical bulletins and weekly legislative updates.

www.mocities.com 1 Bringing Data Home | Economic101 Development Projects Around The State | NLC Update Municipal Government • Positive Policing • Annual Conference Photos

Training and Networking

Right Of Way?

Learn and network through conferences, training sessions, regional meetings, webinars and the MML Municipal Governance Institute.

What is a Right of Way? Right of Way (ROW) is a city-managed strip of land where streets, sidewalks, utilities, and other public and private facilities are located. ROW widths vary, but typically consist of the street and approximately 20 feet on both sides of the roadway measuring from the center line of the roadway.

Certification Program

What Goes Into Your City’s

The Right of Way requires coordination between cities and utilities to maintain safety, traffic flow and reconstruction/maintenance.

Become a Certified Municipal Official through the MML Municipal Governance Institute. This program features a new advanced certification as well.

MML Listservs

Through members-only listservs, members can engage quickly and easily with their peers in other Missouri cities.

Your membership has many benefits! info@mocities.com 12

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theReview September/October 2021

www.mocities.com www.facebook.com/mocities

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FEATURE Review by Leesa Ross

MoCCFOA Certification Program The Missouri City Clerks and Finance Officers Association (MoCCFOA) Certification Program began in 2001, when a few experienced Missouri city clerks saw the need to begin the organization’s own certification program. At the time, the International Institute of Municipal Clerks (IIMC) had exhibited a few problems with leadership and the organization’s emphasis and support for clerks to obtain college degrees. In 20 years, this has changed and most clerks seeking certification do possess associates, bachelors and master’s degrees. The need for a Missouri program was determined, as many Missouri clerks are unable to join IIMC (a separate annual membership fee and additional training) or do not have the opportunity to travel to IIMC conferences, typically held out of state. With several seasoned clerks, the MoCCFOA met and established its own certification program, with four levels, and a timeframe of a minimum of eight years to complete. MoCCFOA focuses most resources on providing quality education and training though experienced, well-known, and sought-after speakers, on the national level and from across Missouri. Also, we utilize experienced municipal attorneys, and Missouri state agencies on the topics of leadership; organizational skills; ethics and integrity; the Sunshine Law; auditing, budgeting, procurement; maintaining public records; and liquor control. The four levels established are the Missouri Registered City Clerk – MRCC; the Missouri Registered City Clerk – Continuing (MRCC-C); the Missouri

The four levels established are the Missouri Registered City Clerk – MRCC; Missouri Registered City Clerk – Continuing (MRCC-C); Missouri Registered City Clerk – Sustaining (MRCC-S); and the top designation, Missouri Professional City Clerk (MPCC). Registered City Clerk – Sustaining (MRCC-S); and the top designation, the Missouri Professional City Clerk (MPCC). The Missouri Registered City Clerk requires 50 points of education (100 training hours), 50 experience points, and a requirement that the clerk attend the Missouri New Clerks Institute (eight hours of training specific to new clerks). If the clerk has a college degree, 67 education hours are needed. The Missouri Registered City Clerk – Continuing and Sustaining levels require 25 advanced education points and professional and community service; and a two-year waiting period between levels. The Missouri Professional City Clerk requires a two-year waiting period; and an additional 25 advanced education points and professional and community service; and the clerk is required to submit a one- to two-page letter on the meaning and value of the MRCC and

MPCC programs. Each education point earned represents two hours of training. Experience points can be obtained by serving on MoCCFOA committees, serving as an officer in your division or the state association level, and presenting at conferences. Education is an important tool for all MoCCFOA members, whether new or experienced, to stay up to date on new laws, updated rules by the Missouri State Attorney General’s Office; Missouri Ethics Commission; State Archives Offices; state procurement guidelines; and most importantly, updates to the state statutes on elections, Sunshine Law and tax initiatives. T he Mo C C F OA C e r t i f i c at i on Committee reviews all applications and grants certification. All training is set by the MoCCFOA education committee and all courses are approved by IIMC. Education opportunities are offered at a Spring Institute in March, held in Columbia; at the Missouri Municipal League Conference, held in September; and regional trainings held in November in the Kansas City, St. Louis and the southwest regions. MoCCFOA also offers scholarship opportunities for the Missouri New Clerks Institute, Spring Institute and the fall regional conferences. Presently there are 346 city clerks with Missouri Registered City Clerk status; 133 city clerks with Missouri Registered City Clerk – Continuing status; 96 city clerks with Missouri Registered City Clerks – Sustaining status; and 70 city clerks with Missouri Professional City Clerk status.

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MoCCFOA would like to thank the mayors, chairmen, board and council members, for allowing your city clerks the opportunity to participate in education and training sessions across Missouri. It is a very important aspect to our job, and the members of MoCCFOA appreciate your support! The current certification committee members are: Leesa Ross, chair, city of Frontenac Gayle Conrad, city of Cape Girardeau JoAnn Cova, city of Maryland Heights Renée Kingston, city of Camdenton Melissa Mattson, city of Albany Jodi Schneider, city of Troy Beth Anne West, city of Battlefield Leesa Ross, MPCC, is the chairperson of the MoCCFOA Certification Committee and city clerk with the city of Frontenac.

theReview September/October 2021

FAQ: Parliamentary Procedure by Karen Goodwin

The answers to these FAQs are intended for discussion purposes and to provide the reader with useful ideas and general guidance on the topics and issues covered. This article does not constitute legal advice and information provided may require consultation with applicable professionals to appropriately apply to specific circumstances.

What is the purpose of using parliamentary procedure? Parliamentary procedure was developed to protect the rights of everyone involved in a meeting. By using a structured approach to a meeting, all parties have an opportunity to be heard in an orderly fashion.

Is it required to use parliamentary procedure? Is there a state or federal law that requires boards to use these procedures? Parliamentary procedure is not required by state or federal law, but it is typically adopted by municipalities as their method of conducting business. State statutes do provide authority for cities to adopt rules to govern their proceedings.

No one can predict when service lines

will fail.

What are the most commonly used motions? The most common motions are a main motion that introduces business for consideration, motion to postpone, point of order, motion to table, motion to amend, and of course, motion to adjourn.

What are a few examples of misused motions that boards make? One very common misused or misunderstood motion is the motion to table. Typically, an item is tabled within the same meeting so that the board can revisit this item later in the meeting. It is called “laying it on the table” and a motion then is required to “remove it from the table” to bring it back for discussion. This motion sometimes gets confused with postponing or continuing an item that is typically used for pushing an item to another scheduled meeting.

Do you have any good references, books, websites or guides you would recommend? Parliamentarians.org is a good resource for books, FAQs and guides.

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theReview September/October 2021

Can you provide examples or scenarios of how parliamentary procedure works? For a municipality, the main motion, or the motion to approve an item on the agenda, is most prevalent. Typically, a bill is introduced by a board member and read for the first time. A board member then moves to read the bill for a second time, seconded by another board member. Now the bill is on the floor for discussion. After the discussion takes place, the chair calls for a roll call vote of the board for final passage of the bill to become an ordinance.

What is the role of the city clerk in administering parliamentary procedure? City clerks have historically been relied upon to know parliamentary procedure and advise their boards on the proper usage. We all learn very quickly in our careers as city clerks that we need to know how to guide our boards in meetings because we are typically the constant presence and board leadership can change often.

How do you amend a motion? Once a main motion is on the floor for consideration, a motion can be made to amend it (or change it in some way). The motion requires a second and a majority vote of the board. If there is an amendment on the floor for a vote, it must be voted upon before the main motion can be voted upon.

What is the process of making a motion? For example, is it make a motion, discuss, vote on motion; or make a motion, vote on the motion and then discuss or something totally different? A motion is made to put an item on the floor for discussion. The motion is seconded and before the motion is voted upon, the chair should call for discussion. Once discussion is ended, then the chair calls for the final vote.

Is parliamentary procedure different based on the class of the city (3rd, 4th, charter, village)? Parliamentary procedure is the same for all organizations that adopt it as their preferred method of conducting meetings. Robert’s Rules of Order is the most popular but there are other similar formats also available. Karen Goodwin is the city clerk for Florissant, Missouri. She is the recipient of the 2021 Outstanding City Clerk Award from the Missouri City Clerks and Finance Officers Association. Goodwin has earned the designation of Missouri Professional City Clerk (MPCC), the highest level for a city clerk in Missouri. She has also earned the designation of Master Municipal Clerk from the International Institute of Municipal Clerks (IIMC).

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Getting To Know You. . .

BROOKE BELL City Clerk Savannah, Missouri

What sparked your interest in serving in local government? I left a job as a manager in retail after having my first child. My husband is a law enforcement officer and I wanted a more reliable schedule for our daughter. As time passed, I got involved more. At first, I was elected as our city collector, then appointed our deputy city clerk. But when I really got involved was when I joined the Missouri City Clerks and Finance Officers Association (MoCCFOA), attended their conferences, and then attended MML conferences.

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

• •

The toughest thing I have learned has been that you cannot take everything personally. Customers are going to be mad at you and blame you, whether it is your fault or not. Explain the process to them; maybe they are upset because they are not properly informed. City managers and elected officials may not always take your advice, even if it was good advice. Do your job and stick to your morals and ethics! Be honest no matter what. You should not tell customers/ coworkers what they want to hear.

In your opinion, what are the most important issues facing local government in Missouri? The most important issue our community is facing is the increase in costs of doing business (water, treating sewage, paving streets) while our sales tax has declined. Because of our location we do not have industry; we are mostly residential. We also have not been able to pass a use tax in our community, and it has restricted our revenues.

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theReview September/October 2021

How has COVID-19 impacted your community? In our small community, the biggest impact I have noticed is that our customers are missing the face-to-face interaction. Before the pandemic we had a large majority of our customers come into city hall to pay their utility bills. In a positive light, we have had several new small businesses open and I hope they continue to grow and stay in business.

What advice would you offer to someone considering service as a local government official or employee in their community? The best advice I can offer to someone considering getting involved in local government is to get involved! The Missouri City Clerks and Finance Officers Association (MoCCFOA) is a wonderful organization to join. Their conferences give many opportunities to network and learn. Not only have I met great professional contacts, but have made dear friends. The Missouri Municipal League, International Institute of Municipal Clerks, Missouri Rural Water Association and Missouri Government Finance Officers’ Association are other great organizations that offer great conferences and learning opportunities. Check them out to see what benefits you the most.

How would you describe your city to someone who had never visited? If you had never visited Savannah, I would tell you it is a very small, close-knit community with rural values.

What are your interests outside of local government? I enjoy camping; being outdoors; watching my eldest daughter, Jasey, compete in dance and my youngest, Atley, play soccer and T-ball; spending time with my family and friends; and cheering on my St. Louis Cardinals!

Where would you most like to travel, and why? I love to travel, so really, I will go anywhere. But if I could choose, it would be somewhere warm with a beach. I have always wanted to visit Australia, but Bora Bora is sounding good right about now!

Getting To Know You. . .

MELISSA BURTON City Clerk Overland, Missouri

What sparked your interest in serving in local government? After serving in the Marine Corps and working in emergency dispatching (first, fire and EMS, then later, police), I stayed at home with my three daughters for 10 years. During that time, I completed my bachelor’s degree in Business Administration because I really did not know what I wanted to do. Late July 2005, I received a post card from the city I lived in, Flint Hill, seeking a city clerk/treasurer. The duties were described as “preparing agenda, taking minutes, typing, bookkeeping, answering the phone, etc.” I answered the postcard and stumbled into a career I loved. I keep this postcard on my bulletin board in my home office to remind me how I started.

What has been the toughest lesson you have learned during your career in local government? To find a balance in my work and personal life, while keeping focus on the servant aspect of leadership. I may not always agree with the decisions made by the elected officials I serve, but it is my responsibility to implement the policies and ordinances the City Council enacts to the best of my ability.

In your opinion, what are the most important issues facing local government in Missouri? One of the most important issues facing local governments is the public’s lack of understanding of the role of local government in day-to-day life. The decision of a local government body can have a more immediate impact, positive or negative, on a resident’s daily life faster than legislation by a state or federal body. Local government is where change happens, but it is a struggle sometimes to get people involved.

How has COVID-19 impacted your community? From a financial standpoint, Overland did not face some of the hardships experienced by other local governments. Overland’s business community is composed of essentials of life; grocery and home improvement stores, auto repair facilities, and restaurants already focused on carryout and delivery. Thanks to our solid business community, city revenues held steady. Where the City had to adapt was in the services and community events we provide to our residents. The most popular events hosted by the City are children’s events, and

luncheons for residents 55 years and older throughout the year. City council members, with the support of staff, took the initiative to adapt some of the City’s most popular events, Halloween and senior holiday luncheons, and provide a safe drive-through experience for residents of all ages. At the most recent drive-through senior luncheon, the City provided a hot meal to more than 200 residents.

What advice would you offer to someone considering service as a local government official or employee in their community? There is a lot to learn in every local government; no two cities are exactly the same. Learn the city code and know how to find the answers you need in state statutes (MML One Stop Shop is always a great starting point). Never stop learning and do not be afraid to ask questions. Be ready to commit time to serve and be willing to listen to those who have experience.

How would you describe your city to someone who had never visited? Current Overland Mayor Mike Schneider likes to call it his own “Mayberry.” In some ways, it has a small-town feel in the middle of a metropolitan area. Roots run deep throughout the City and even when people leave, they still call Overland home. After I accepted the position with the City, I discovered my own family have roots in Overland. My parents, as well as many of my aunts and uncles, called Overland home when they moved to the St. Louis area from rural Southeast Missouri in the late 1950s and early 1960s.

What are your interests outside of local government? I enjoy running and until recently, coached new runners to their first half marathon and beyond with a local running club for nearly 10 years. I love encouraging others to break their own belief barriers and accomplish goals they set for themselves. I enjoy crocheting and sewing, and constantly trying to expand my creative skills. I always love a creative challenge.

Where would you most like to travel, and why? I would love to go to Europe and visit countries via a river boat cruise. I love the ability to unpack my suitcase in a stateroom, see the sights in a different city or country each day, and return to the same room each night. www.mocities.com 19

Getting To Know You. . .

KAREN GOODWIN

City Clerk, MoCCFOA 2021 Outstanding City Clerk

Florissant, Missouri What sparked your interest in serving local government? I did not know anything about local government until I took the job as the public works director’s assistant in Ferguson when I came back to St. Louis after living elsewhere for 15 years. It did not take long for me to decide that this was my path because I felt like I could make a difference and help people every day. Shortly after this realization, I went back to school to get my Master of Public Policy Administration so I could continue to grow in this field.

What has been the toughest lesson you have learned during your career in local government? The toughest lesson, I think we all learn, is that you cannot please everyone, and people do not like change. Change is necessary for a community to grow and prosper, but it is a tough sell to those who are content with the way things are. No matter your good intentions, someone is not going to like it.

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

What advice would you offer to someone considering service as a local government official or employee in their community? Whether you are volunteering for a board or commission, employed with the city, or running for elected offices, it is a great way to get to know your community and give back in a way that is very rewarding. Public service is in your heart. If you like to be a part of the solution and help people, this is the place for you.

How would you describe your city to someone who has never visited? Florissant is a beautiful city with a strong history. From our quaint historic business district, crowned by the Old St. Ferdinand Shrine, to the bustling retail corridor on N. Lindbergh, two civic centers, two public pools and a splash pad and senior services that are unbeatable, Florissant is a hidden gem that everyone should come and see.

What are your interests outside of local government?

Local governments are facing social equity and environmental challenges. Planning for sustainability in local government will be key to ensuring a stable future.

I am the mother of four amazing adult children and I now have three grandbabies, so visiting them when I can is top on my list. I am back in school working on my PhD in public administration so that takes much of my spare time. I am also a potter so my studio is my happy place.

How has COVID impacted your community?

Where would you most like to travel and why?

The largest impact on our community has been the loss of some small businesses. The City had to cut back on some services during the height of the stay-at-home push, but the employees were resilient through it all and we have come back to full capacity without too much loss.

If I travel, it is typically to see my kids who live in several different states, but I have always wanted to travel to Austria because my family has roots there.

Superheroes of local government 20

theReview September/October 2021

Getting To Know You. . .

BILL HANKS

City Clerk Weldon Spring, Missouri What sparked your interest in serving in local government? I thoroughly enjoy the daily challenges and the satisfaction of helping others. Municipal government is the level that does the most meaningful work. It is where you can witness the results of your work daily.

What has been the toughest lesson you have learned during your career in local government? My toughest lesson was to learn to develop thick skin because your going have to deal with difficult people at times in your life. Also, I had to learn to stay neutral on every issue because I tend to wear my emotions on my sleeves and take something as a personal attack on my creditability.

In your opinion, what are the most important issues facing local government in Missouri? The most important issues facing local governments are economic recovery from the pandemic and addressing infrastructure needs. Also, it is important to keep partisan politics out of municipal government issues because local issues are very different from national issues.

How has COVID-19 impacted your community? Weldon Spring has lost businesses due to COVID-19. The budget was turned upside down because of a decrease in the revenue streams and budget cuts in addition to the bigger

demand for services. Though there were negative impacts of COVID-19, the pandemic allowed me time to conduct audits of our franchise fees and sale tax. As a result, I identified $108,600 in fees and sale tax owed to the City.

What advice would you offer to someone considering service as a local government official or employee in their community? Every municipal employee must above all be honest and trustworthy because municipal employees need to earn and maintain trust from the public.

How would you describe your city to someone who has never visited? Weldon Spring has a great quality of life. The City has so much to offer, as it is in the St. Louis metropolitan region but still maintains a rural feel.

What are your interests outside of local government? I enjoy spending time with my family, remaining active in my church community, reading historical books, and exercising. Where would you most like to travel, and why? I would love to travel to Savannah, Georgia, because of the rich history and the magnificent architecture of the buildings associated with the City.

C C www.mocities.com

Getting To Know You. . .

SHERYL MORGAN City Clerk Blue Springs, Missouri

What sparked your interest in serving in local government? Understanding that local government has a direct impact on the quality of the daily lives of residents has made me very passionate about my job and the services the City performs.

What advice would you offer to someone considering service as a local government official or employee in their community? It is a fulfilling and rewarding job and offers the opportunity to engage in and be a part of the community.

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

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

No matter how hard you try, you will never please everyone in your community.

The uncertainty surrounding COVID-19.

Our City is not too little or too big, with beautiful parks and an award-winning school district. It is great to be off a major interstate highway, not too far outside the city limits of Kansas City. We have the benefits of being a mid-sized community, while also participating in the metro area with unique amenities within a short drive.

How has COVID-19 impacted your community?

What are your interests outside of local government?

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

COVID-19 has impacted our City in much the same way it has affected other Missouri cities. The Chamber of Commerce has provided great guidance and support to the business community. The City effectively deployed technology to adequately maintain services throughout the pandemic to our citizens.

Animal welfare/rescue and golf.

Where would you most like to travel, and why? Anywhere with my husband, Tim. From touring our national parks system to a tropical vacation works for me!

Superheroes of local government

theReview September/October 2021

Getting To Know You. . .

BECKY SCHIMMEL City Clerk Grandview, Missouri

What sparked your interest in serving in local government? Earlier in my career, I worked in education. I enjoyed the service-oriented aspect of that field. When I saw an opening at the city of Grandview, I knew government jobs were similar since civil service was the goal rather than making a profit. That focus on service to people was key to my pursuit of working for local government. I have worked for the city of Grandview for more than 17 years, and every day is a rewarding experience serving citizens.

What has been the toughest lesson you have learned during your career in local government? As we all know, everything we do in local government is open to the public with very few exceptions. Transparency in government is at the heart of how tax-paying citizens hold public officials accountable. Even though it is my job to provide information to the public about all of the City’s operations, that I enjoy doing, I must constantly be aware that what I say and do is always open to public scrutiny.

In your opinion, what are the most important issues facing local government in Missouri? Planning for the future is essential to protect our electrical grid, infrastructure and natural resources such as water, air quality, and agriculture. Times are changing rapidly, and we need to respond in ways that keep up with those changes and keep them sustainable. I like to use a quote I found in The Missouri Municipal Review magazine from September 2013 titled “50 Survival Tips for Elected City Officials.” It addresses planning for the future: “A politician looks to the next election, a leader looks to the next generation.” Planning for the future involves making timely and informed decisions to anticipate what is best for the people we serve now and in the future. I have watched Mayor Jones for seven years now and like his style of leadership, which is – get to the point, make a decision, and move forward.

How has COVID-19 impacted your community? During this trying time, officials and staff at Grandview have gone above and beyond to protect our citizens, staff and elected officials. We have strictly complied with Jackson County’s requirement to wear masks and keep social distancing and capacity limits at City Hall and other indoor public venues. We also implemented software for citizens to

make appointments to enter the building for tax payments, vehicle and driver’s licensing. We used ARPA and Cares Act funds for various COVID-related expenses, that has included the purchase of a large tent at the entrance with heaters during cold weather for people to wait to be called over a P.A. system for their appointments. Our fire department officials also organized two, all-day drive-through vaccination events and ongoing clinics at our community center, all of which were and continue to be very well attended and successful. They even initiated a homebound vaccination program.

What advice would you offer to someone considering service as a local government official or employee in their community? It is very rewarding to serve the people as a civil servant. You can be a part of the local government to help operations run smoothly, that helps the City offer the services that make a city thrive and initiate progress to benefit all who live and work in the City.

How would you describe your city to someone who had never visited? Grandview is a city of more than 25,000 but has a very smalltown feel. People come together to help each other, and our elected officials and staff strive to keep the City clean, safe and beautiful. We receive great local support for our police department to help keep crime down. The Department won the 2021 ICMA Community Partnership Award for their community engagement efforts. We have 11 beautiful parks, two splash parks, a state-of-the-art community center, and an amphitheater where we offer outdoor concerts, free movie nights and annual festivals.

What are your interests outside of local government? I like to travel to see the diversity of culture, whether here in the states or abroad. When you get out of your comfort zone, you can see, hear, and eat things you normally would never even know existed. Seafood tastes much better on the coasts! And the mountains, lakes and rivers in Canada are the most beautiful I’ve ever seen. I also like to read fiction, memoirs, and articles on health and nutrition, solve word puzzles and see lots of movies.

Where would you most like to travel, and why? Any beach where the snorkeling is good!

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FEATURE Review by Shane Naugher

The Cybersecurity War: You Are A High-Value Target!

It is no secret that cybersecurity is critical for organizations of all sizes and industries. Ransomware increased by an explosive 388% between quarter two and quarter three of 2020. The effects of COVID-19 were not just felt from an economic impact but also from a huge uptick in cybersecurity risk and liabilities. The bad guys took advantage of a massive shift in the workforce working remotely and, in many cases, less securely. On top of that, the fact that so many were hypersensitive to communications revolving around COVID-19 health issues, paycheck protection program funding and economic relief set the stage for easy pickings for threat actors to step up attacks. 24

theReview September/October 2021

Ransomware is primarily spread through two predominant threat vectors: 1. End users falling victim to email phishing and/or clicking on malicious links and attachments; 2. Poor password hygiene. While information technolog y (IT) professionals have preached for years that end users should never click on an attachment or a link they are not expecting, the bad guys are becoming more convincing. In the case of poor password hygiene, we know approximately 70% of people will reuse passwords across multiple sites and services. If one site is compromised, then credentials end up posted to the darknet for sale and now the threat

actors just need to plug those credentials into software that attempts to access multiple sites. However, ransomware is not the only threat ravaging organizations from a cybersecurity perspective. Business email compromise (BEC) is arguably just as big of a threat and is often used in conjunction with a ransomware attack. In the case of BEC, access is compromised to the email account of the victim through multiple means including poor passwords, compromised credentials sold on the darknet and phishing attempts that prompt end users to enter their current credentials in a fake website that only collects the data input. In the case of the fake websites,

you may have seen emails in your inbox about needing to reset your Office 365/ Google email password, unusual signin activity that you need to verify, or over-the-limit storage that you need to correct. All of these can prompt the end user to enter their credentials freely for the bad guys and not even realize it until it is too late. Once the threat actors have access to your email account, they can send email to your staff, vendors and clients. Most of the time the threat actors will monitor communications for days, if not weeks, to determine who is the most valuable target and what are the active projects that involve finances where they can take advantage. From there, they can send emails to other staff members or even clients asking for payments to be submitted to a fraudulent bank account - the email is coming from a valid sender and, in most cases, a valid project/ subject about which the staff or client is expecting communications. This type of attack increased 50% in frequency during 2020 and cost organizations more than $1.8 billion in associated losses.

So yes, there is a cybersecurity war occurring and unfortunately city municipalities are a top target. Why? Well, for one, a private business may or may not be able to survive a ransomware attack and/or BEC and the related expense. A private business may end up just closing the doors. Municipalities do not have the option of simply closing down. Most municipalities are more aware of these type of threats in recent years, and most cases have been advised to carry cyber liability insurance to mitigate the risks. In many cases, they have been mandated to adopt this coverage. When an attacker is choosing a target, will they pick the one that may or may not have insurance and may or may not have the funds to survive? Or, will they pick the one most likely required to have funds or insurance coverage to survive these types of attacks? In this war, the high-value targets are the individuals that control the finances and operations. They are the city clerks, finance directors, CFOs and administrators. They know these are the ones that are involved in the projects,

executive decisions, and in many cases control the funds. Do you feel that cybersecurity laser dot on you yet? Just as in any physical war, you need to be prepared and have a strategy in place to defend yourself and your organization. The landscape around this war changes daily and not having a plan and strategy in place is equivalent to running across a minefield in snowshoes. The first step is to outline a formal incident response plan. At a minimum, this needs to be a formal document that outlines what steps to take and who is involved in the event of a cyber incident. This should include what type of communications are needed, in what order, and by whom. Just as in a traditional emergency, the same logic and process should be used in a cyber emergency. When a cyber event happens panic hits everyone and just like a physical emergency, keeping a cool head and following a defined process will give you a much better outcome in the end. In an ideal world, you would have an incident response platform that automates much of the process and

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In this war, the high-value targets are the individuals that control the finances and operations. They are the city clerks, finance directors, CFOs and administrators. They know these are the people that are involved in the projects, executive decisions, and in many cases control the funds.

Do you feel that cybersecurity laser dot on you yet? communications and keeps detailed documentation of all the details. Secondly you need to make sure you are keeping up to speed with the latest tools to mitigate your risk and liability. Traditional antivirus software is becoming less and less effective at stopping the latest threats. This means software everyone was so concerned with keeping up to date five years ago is completely missing the newest threats that do not act like the traditional virus and malware threats. Your protection needs to also include a zero-trust

approach to your network and data. This limits the ability of items that normally get past antivirus software and instead focuses on the activities and permissions to execute rather than a known virus signature. Finally make sure you are addressing your biggest liability — your people. Since the top two largest threat vectors come from your people using poor password hygiene and/or clicking on malicious links and attachments, this is the biggest risk to your organization. To address this, your team should

be utilizing ongoing cybersecurity awareness training and testing. Organizations that proactively train and test their users can see exponential reductions in their risks and liabilities. Your staff does not want to be a risk to the organization. Once they realize how much risk they face, they welcome the additional focus and resources training and testing can provide. It is time to gear up and get ready for battle! This war is not going away anytime soon. The more preparation and attention you give it today, the better your chances of winning against the bad guys. Your survival tomorrow depends on the training and preparation you do today! Shane Naugher is the president and owner of DaZZee I.T. Services. DaZZee I.T. Services has spent the last 21 years designing, building and maintaining complex network and security solutions for public and private entities in Missouri and Arkansas. DaZZee’s highly specialized team has been contracted by organizations from Winnipeg Canada all the way down to the Florida Keys.

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Cutting Edge Solutions

The Top Emerging Risks for Public Entities • Pressure to Reduce Costs & Align Budgets • No Long-Term Documented Plan in Place

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• Lack of Claims Management Strategy • Cyber Attacks

• Legislative Changes

• Employment Practices Liability

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• Rising Cost of New Hires • Aging Workforce

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theReview September/October 2021

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FEATURE Review by Joe Montes

Uncovering Root Causes Behind Billing Problems Note to reader: Brown Smith Wallace joined and became Armanino LLP effective August 1, 2021. The work cited in this article was completed prior to August 1.

answers yet to uncover, but by looking beneath the “billingas-usual” process, several root causes have been identified along with recommendations to resolve them.

One of the many tasks handled by public utilities, public The Components works and city clerks is utility billing. From the surface, the process of utility billing appears to be standard. Consumers The process behind water billing has many working parts, are sent a bill once a month, typically in the same range as and as such, when one part stops working, the process as a the bill they paid the month before. Maybe they complain whole is negatively impacted. On top of that, because of the about the costs, but payments come in and accuracy is rarely complexity of the process, it is difficult from the surface to questioned. know exactly which part needs to be fixed. What follows is an examination of the potential root causes that the Utility Below the surface there is a complex system of working uncovered that led to the discrepancy between billing and parts that could lead to inaccurate billing and loss of revenue. the amount of water consumed. These errors can begin at any point in the process, from meter manufacturers and reading providers to recording and billing Water Meter Specification And Installation systems. Not only are these errors small enough that they The Utility recognized that an opportunity existed to could go undetected for years, but they can also compound, recover water revenue loss by replacing outdated meters requiring the municipal utility or public works department and utilizing automated meter reading. A meter changeout to analyze every step of the process to uncover where things program was planned and performed in 2007-2008. However, have gone wrong. In this case study, you will learn what a municipal government utility director discovered when she took a closer look d? nfiel at her organization’s billing processes. Brow d She conducted a high-level analysis to inate m a t determine why the city’s water volume Con ite? S did not equal the billing volume for a d single month, and uncovered indications done n a b of problems that had been building up A erty? over several years. The director and city Prop manager called in Armanino to assist ent lopm e and uncover the root causes behind the v e Red tential? discrepancies between the billing and Po production volumes. ... If so

Initial Challenge

This project started with trying to determine why the billing data did not match up with the consumption data for the municipal government utility (Utility). This exploration took collaboration from six different organizations. There are many

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theReview September/October 2021

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the quality control and data integration were not done well, and it is believed that some problems have existed since the original installation. There were several contributing factors: • Meter type (across all size meters); • Meter registration (billing reads were to be sent in 10-gallon resolution); • Format of data to be collected, manipulated (or not) by the vendor collecting the readings and transferring the data to the Utility; • The software vendor that set up the meter accounts. A problem area uncovered was the criticality of each vendor knowing what their piece of the puzzle was and how it fit within the larger picture, and then making sure that once all the pieces were fit together, that the picture was correct.

Water Meter Measuring The billing process begins with water consumption that is measured through water meters. It is the first point in the process where accuracy could be compromised, and within meter measuring, there are several ways that could happen. Types Of Meters And What They Report There are many different kinds of water meters that measure the flow of water in different ways. Most commonly found in residential areas are displacement meters, where the movement of water pushes a disk that registers flow through the meter on the register. Also commonly used in homes and small businesses are multi-jet meters, that measure consumption through the speed of the flow of water. The different systems still measure the same thing: the amount of water usage in a location. An additional calculation needs to be made to standardize the water consumption amounts across collection meter types. Different Units Of Measure, Dials And Calibrations In addition to the different types of meters used, meters that use the same kind of measurement method might still vary in size, calibration and unit of measure. While both are displacement meters, one meter is reading water in gallons and another in cubic feet, that can cause reading discrepancies when a utility converts all readings into a standard unit.

standard unit of measure. Some measure consumption in gallons and some read in cubic feet. It is the job of the installer and the third-party company collecting these readings to assure that a standard unit of measure applies to all readings or to document, recognize and convert the measurements accordingly. The third-party hired by this Utility chose the standard measurement of cubic feet for all water readings. The problem was the Utility had changed to gallons for the meters. However, in addition to ensuring that the conversion to one unit of measure was accurate, there was another unforeseen problem. When Armanino investigated the third-party records of water meter measurements, they found that despite having chosen cubic feet for the readings, the meters recorded in gallons. These readings would then go directly to another third-party system in charge of the billing process. Utility management would have no way to know that the readings received are in the wrong unit of measurement. Billing System As mentioned earlier, a separate third-party billing system calculated consumption from readings and created the balances for billing. However, aside from the problems with the data coming into the system, there were additional problems found in how the balances and billing were recorded, sent out and collected. The recording of unaccounted water had many errors and inconsistencies between what meter was billed and not billed. The water produced by the water plant was manually recorded by personnel at the end of shifts. If inaccurate data was captured during this process, various reports did not reflect accurate water production data, that could skew the water loss data. These systems had no controls in place to require accurate data or alert employees to errors in the information provided. This led to customers with no billings, with billings for one service or with an unexpected number of bills. This also

Readings And Billing The complexity in how water meters are made and programmed is only one of the challenges in the collection of utility billing data. In the case of this Utility, a third-party company was employed to collect the meter data via a cellular network. In both the collection and organization of data, more errors were created. Reading And Recording Measurements As mentioned, the meters found in residential homes do not come with a single www.mocities.com

led to meters with no readings or meters with no calculated consumption, and problems with the billing not equaling the consumption from the readings. These were the errors that became visible enough on the surface that the Utility noticed.

Solution: Communication And Documentation From water meter recordings to customer billings, what appeared to be miscalculated numbers wound up being the result of many fractured processes and data reporting inaccuracies. Not having a universal format for data input or an automated system that could prevent the errors or alert the Utility management of them before passing to the final stages of billing caused these problems to not only go unnoticed, but to compound on one another. There are many parts to the utility billing process and many stakeholders involved in each, and the root problems

uncovered are not limited to water consumption alone. When a complex system like this is only examined from the surface – because on the surface, revenue is still coming in – public utilities can unknowingly create an environment with high risk for revenue loss. Reviewing recording systems and data can be the first step in uncovering long-existing problems that are never too late to fix. Joe Montes, ACDA, CFE, is a Data Analytics Director at Armanino. Montes is responsible for developing continuous monitoring tools and reporting dashboards to enhance controls and reduce timeintensive manual reviews. Montes has experience serving the public sector, manufacturing, financial services, construction and insurance industries, among others. Contact Joe Montes at (314) 983-1380 or email joe.montes@armaninoLLP.com.

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NEWS FROM THE BENCH by Nathan Nickolaus

Gross V. Parson

Missouri Supreme Court Issues Important Guidance On Sunshine Law Requests Every year Missouri’s courts decide several cases regarding records stored electronically, there could be no charges for Chapter 610 of the Revised Statutes of Missouri, the Sunshine researching the records. It is clear from the statutes that there Law — most concern minor points. However, this year the cannot be any copying fees for electronic records; however, Missouri Supreme Court issued a decision that can be said to most public bodies still charge for the costs of finding those be truly significant. It is important both for what the Court records. The Western District focused on the two subparts of said and for what the Court did not say. It is one of those §610.026.1 RSMo that govern the fees for producing records. rare cases where the Court was forced to look at the very Section 610.026.1(1) says “Research time required for fulfilling fundamentals of the Sunshine Law. records requests may be charged at the actual cost of research time.”(emphasis added) Section 610.026.1(2) says “Fees for The case is called Gross v. Parson and it was decided on providing access to public records maintained on computer 1 June 29th, 2021. The case involved a 54-part request for facilities … shall include only the cost of copies, [and] staff records made by Elad Gross seeking records regarding time” (emphasis added). By emphasizing the differences communications between the former Governor, Eric between the terms "staff time" and "research time" the Western Greitens, and numerous individuals including former political District concluded that attorneys’ fees could properly be associates of Greitens, as well as attorneys of the Governor’s charged for requests for paper records, but not for requests Office. Like many similar requests, Mr. Gross asked that for electronic records. Perhaps more importantly, the Western the records be provided in electronic form if possible and District seemed to say that a public body could charge for the requested that the state waive its fees. The Governor’s Office costs to find paper records, but not for electronic records. responded first with a letter saying that it would take at least a month to gather the records. Later the Governor’s Office sent Several issues were presented to the Supreme Court. a second letter saying there were more than 13,000 responsive documents, that it would take another 120 days to fulfill the request, and included an invoice for $3,618.40.2 The invoice included approximately 90 hours of “research time” billed at $40 per hour. Mr. Gross responded with a second request for records, these in regard to the Governor’s Office's response to and plans to respond to his first request. Again he requested a waiver of fees. Eventually, the Governor’s Office responded to the second request and waived the fees. Mr. Gross filed suit in regard to the first request. Mr. Gross lost his case in the Circuit Contact Joe Lauber for your day to day or special project needs Court of Cole County and he appealed to 816-525-7881 or jlauber@laubermunicipal.com the Western District Court of Appeals. The www.laubermunicipallaw.com Court of Appeals ruled largely in favor of Gross, and both sides ended up appealing to the Missouri Supreme Court. Part of the The choice of a lawyer is an important decision and should not be based solely on advertisements. ruling at the Court of Appeals was that for

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While charging for attorney fees has been a common practice, cities need to be aware that that practice can no longer continue. The most talked about was the issue of attorney fees. The Supreme Court took a different approach than the Western District had. The Court pointed out that the Sunshine Law requires public bodies to separate open and closed portions of records.3 The Court then reasoned that if the public body already had a duty to separate open and closed materials, the body could not charge for the body’s costs in doing so. This would include the costs of an attorney to determine what was open and what was closed. Therefore “Because the Sunshine Law obligates a public governmental body to separate exempt and non-exempt material without regard to any particular records request, attorney review time to determine whether responsive documents contain privileged information is not “[r]esearch time required for fulfilling records requests.”4 Prior to the Gross case, the issue of whether a city could charge for attorney review time was unclear. The only reported case on the subject found when an outside attorney billed the city for review of records to be released, that bill was chargeable to the requestor.5 The practical effect of the Gross decision is to resolve this dispute, unfortunately against cities. While charging for attorney fees has been a common practice, cities need to be aware that the practice can no longer continue. In addition, the Court discussed Mr. Gross’s complaint that the Governor’s Office failed to provide a detailed description as to why the records were not immediately available. The response was very similar to what many cities may have said in the past “that providing the documents would take at least 120 business days to complete.” The Sunshine Law requires that, “If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection.” The Court concluded that since the response did not give any explanation as to why it would take 120 days, that response violated the Sunshine Law. Even if the explanation appears obvious, it still needs to be stated. As a result, custodians of records will need to be more careful in their initial response to records requests. If the records are not going to be immediately available, it will no longer be sufficient to just say “the records are not immediately available.” Rather the response will need to be framed as something like, “the records are not immediately available because …” followed by a statement of the reasons. Fortunately, there is no limitation as to the

reasons, so lack of time remains a valid justification. Cities are also fortunate that by deciding the case the way they did, the Supreme Court did not have to address the distinctions between §610.026.1(1) and §610.026.1(2). Thus, it appears for now at least that research time, that is the time it takes to find the records, remains a viable charge regardless of whether it is a paper record or an electronic record. It is likely that this was done to avoid Hancock Amendment implications if public bodies could no longer charge for these costs. Nathan Nickolaus is an attorney with Lauber Municipal Law, LLC, and the author of The Sunshine Law 3rd Edition published by the Missouri Bar. End Notes: 1 Gross v. Parson, No. SC98619, 2021 Mo. LEXIS 226, 2021 WL 2668318 (June 29, 2021). 2 Gross at 4. 3 § 610.024.1 RSMo. 4 Gross at 17. 5 White v. City of Ladue, 422 S.W.3d 439 (Mo. App. E.D. 2013).

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FEATURE Review

by Stephen Foutes and Liz Coleman

Selling Fun Is Serious Business For The Missouri Division of Tourism

Hermann, Missouri. Photo Credit: Missouri Division of Tourism.

Missouri has long known the importance of tourism to the state’s economy – and to communities large and small. The General Assembly created the Missouri Tourism Commission more than 50 years ago to promote the state as a travel destination. Few things have underscored the importance of tourism to the state as much as the COVID-19 pandemic. In a matter of weeks, an industry that pumps millions of dollars

into Missouri’s economy every year was facing major challenges. Although some destinations, especially those offering outdoor activities, held steady, many others struggled from a sharp decline in travel. While the travel industry is on the rebound from 2020, Tourism Economics, a leading industry research firm, suggests full recovery may not happen for several more years, when

international, business, convention and event travel is projected to return to prepandemic levels.

An Economic Force As one of Missouri’s largest industries, tourism plays a significant role in the state’s economy. In Fiscal Year 2019, Missouri had 42.9 million visitors, resulting in an economic impact www.mocities.com

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occupancy rates, began to reflect the return of tourism. Lodging occupancy during the final week of March 2021 was up 161% compared to the same time period in March 2020. When final numbers are in for Fiscal Year 2021, state tourism officials expect them to show the industry’s rebound in progress.

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totaling $17.7 billion. Tourism spending generated an estimated $1.46 billion in state and local tax revenue and supported more than 300,000 jobs. The effect of COVID-19 on the travel industry was dramatic. Fiscal Year 2020,

St. Louis, Missouri (above) and Kansas City, Missouri (right). Photo Credit: Missouri Division of Tourism.

theReview September/October 2021

that included the first four months of the pandemic, saw the number of visitors to Missouri drop to 36.3 million with a total economic impact of $14.5 billion. Following months of decline, key economic indicators, such as lodging

Promoting The Show-Me State Wh e n t h e G e n e r a l As s e mbly established the Missouri Tourism Commission in 1967, the Missouri Division of Tourism (MDT) was created to serve as the commission’s administrative arm. As the state’s travelmarketing agency, MDT is responsible for promoting leisure travel, with an emphasis on bringing outside dollars into the Show-Me State. D e veloping c amp aig ns aime d primarily at residents in Missouri’s border states, MDT invests in a multichannel, layered campaign with paid, earned, shared and owned media tactics – a strategy dubbed the PESO method. Paid media is self-explanatory, as it includes all types of paid advertising. Earned media is awareness generated through public relations resulting in positive news placements. Shared media is social media, including Facebook, Instagram and Twitter. Owned media includes the assets MDT controls, such as the annual travel guide and the VisitMo.com website. MDT research staff provides data to guide the division’s marketing decisions and monitors the success of those efforts. A variety of research helps determine

the best way to reach target audiences, allowing the division to effectively and efficiently promote Missouri as a travel destination. While the division focuses on bringing people into Missouri, it also connects with travelers once they are in the state by offering services at five Official Missouri Welcome Centers, located in Conway, Joplin, Eagleville, Rockport and Hayti. Affiliate welcome centers are located in Hannibal, Kansas City (three locations), Laclede, Pineville, St. Joseph, St. Robert, Sedalia, Springfield and West Plains. Visitors stopping by the centers can pick up the Official Missouri Travel Guide, published annually by MDT, as well as information about specific attractions in the state. Welcome Center staff are knowledgeable about all areas of Missouri and offer helpful information that often leads visitors to expand their itineraries and extend their trips. In addition, the division directly supports the tourism industry through three cooperative marketing programs. Funding is provided to destination marketing organizations – convention and visitors bureaus, chambers of commerce and regional tourism officers across the state. The programs offer matching funds for marketing, resources and partnership opportunities that focus on increasing visitation and visitor spending. During Fiscal Year 2020, destination marketing organizations representing 41 counties participated in the co-op marketing programs. The Missouri Film Office, a part of the Division of Tourism, plays a role in the travel industry as well. Consumers who connect with various forms of motion media often have a desire to visit locations where their favorite movies and TV shows were filmed. The office’s primary role is to help bring film projects to Missouri and increase production spending in communities where movies and TV shows are filmed. The office maintains connections with writers, directors, actors and producers across the U.S. In recent years, the office has assisted with productions ranging from the movie “Gone Girl,” primarily filmed in and around Cape Girardeau, to Netflix’s “Ozark” that included footage from the Lake of the Ozarks.

Supporting Tourism In Your Town City officials can support tourism in several ways. • Get to know the tourism leaders in your community. Develop relationships with staff at the convention and visitors bureau, chamber of commerce, or county or city tourism office. • Know the impact of tourism on your community, including the tax revenue is generated by visitors to your city. • Amplify the importance of tourism to residents. Many attractions – including parks, entertainment venues and restaurants – that bring visitors to your area greatly contribute to the quality of life in your city. • Encourage small business owners to get involved with the local convention and visitors bureau or chamber of commerce. Many businesses – even those that aren’t usually considered part of the travel industry – can benefit from being included in efforts to promote an area as a travel destination. • Many different types of businesses interact with visitors and contribute to the overall impression travelers have of a destination.

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Missouri’s Appeal

Missouri’s major metropolitan areas, St. Louis and Kansas City, and mid-sized cities, including Springfield and Columbia, offer a wide array of museums, performing arts, sports and night life. Small towns are home to charming downtowns and a slower pace. Branson and Lake of the Ozarks continue to be favorite vacation spots.

If you had to describe Missouri’s tourism industry with just one word, “variety,” might say it best. Even people who have lived in Missouri their entire lives are often surprised at the varied attractions and experiences available throughout the state.

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With a top-notch state park system and one of the best conservation departments in the country, outdoor recreation abounds. The state’s lush landscape, numerous lakes and sparkling streams provide endless opportunities for camping, hiking, boating, swimming, fishing, cycling, birding, canoeing and kayaking. History buffs have plenty to explore at hundreds of sites that tell the stories of early explorers, Civil War battles, artists, athletes, scientists, entertainers, entrepreneurs and more. Food and drink are also a major draw. Dining at local restaurants is a top activity for many visitors. From comfort food and barbecue to international cuisine, visitors can find plenty to satisfy their appetite. More than 125 wineries offer award-winning wines and scenic views. Craft breweries and distilleries have flourished throughout the state in recent years. Missouri continues to see significant investment in creating new destinations, expanding and updating existing attractions. In the past five years, new aquariums have opened in Springfield, St. Louis and Branson. The iconic Gateway Arch became the country’s 60th national park following a complete renovation of the grounds and museum. A mountain bike park built near Ironton offers challenging trails and scenic views. The new Ste. Genevieve National Historical Park celebrates Missouri’s early French heritage. Several new golf courses, including the first public course designed by Tiger Woods, have turned the Branson area into a major golf destination. And the list goes on and on. As the world recovers from the pandemic and the public’s desire to travel continues to grow, there will be no shortage of things to see and do in Missouri. And, the business of selling fun in the Show-Me State will be more important than ever. Stephen Foutes is the director and Liz Coleman is the communications manager at the Missouri Division of Tourism, a division of the Missouri Department of Economic Development. Learn more about Missouri tourism at www.visitmo.com.

LOCAL GOVERNMENT Review

MML Regional Meetings And Member Visits MML continued regional meetings this summer, and it was wonderful to get back out and have the opportunity to visit with members in person! Staff traveled to Mount Vernon, Kansas City, North Kansas City, and Vandalia, Missouri. Attendees learned about the good, the bad and ugly from this year’s legislative session and had great discussions about what Missouri cities can expect as pandemic recovery continues. Watch the MML website and weekly newsletter for a list of upcoming regional meetings, and be sure to join us this fall and in 2022!

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MEMBER News Master Municipal Clerk Kim Barfield, city clerk with city of Pacific, Missouri, has earned the prestigious Master Municipal Clerk (MMC) designation from the International Institute of Municipal Clerks! 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.

Certified Municipal Clerk Julia Porter, deputy city clerk with the city of Blue Springs, Missouri, has earned the prestigious Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks (IIMC). 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.

Lou Czech Award, Eric Cunningham Cape Girardeau City Attorney Eric Cunningham was recently recognized at a state ceremony for his professional accomplishments in the role of city attorney. Cunningham was presented with the Lou Czech award in July at the Missouri Municipal Attorneys Association (MMAA) business meeting held Paul Campo, immediate past president, MMAA (left), in Osage Beach. The award is and Eric Cunningham, given to the municipal attorney city attorney, city of Cape Girardeau of the year whose exemplary public service best displays the same high standards of accomplishment, professionalism, and ethical conduct exhibited by Lou Czech, one of the founders of MMAA. Cunningham has served the city of Cape Girardeau for 26 years as city attorney following a decade in private practice. During his tenure he was involved in a charter review commission, a complete rezoning, numerous annexations and several lawsuits against the City. Cunningham has also been involved with review and feedback on proposed legislation.

Policy Resolutions Committee. He was appointed to the MMAA Board of Directors in 2014, serving as vice president in 2018, president in 2019, and finally immediate past president in 2020.

MML Central Division Elects New Officers At the recently held MML Central Division meeting in Vandalia, the following new officers were elected: President, Dr. Ayanna Shivers, council member, Mexico; Vice-President, Tom Charrette, mayor, Knob Noster; Secretary, Tom Oldman, council member, Sedalia.

West Gate Division Elects New Officers At the recently held MML West Gate (Kansas City Area) division meeting hosted by Kansas City in North Kansas City, the following new division officers were elected: President, Gerri Spencer, alderman, Kearney; VicePresident, Damon Randolph, alderman, Grandview; Secretary Damien Boley, mayor, Smithville.

MMAA Elects New Officers At the recently held Missouri Municipal Attorneys Association’s annual conference the following new officers were elected during the organization’s business meeting: President, Greg Dohrman (Cunningham, Vogel & Rost); 1st Vice President, Ryan Moehlman (city of Jefferson); 2nd Vice President, Jeremy Cover (Cunningham, Vogel & Rost); Board Seat, Tara Kelly (city of Kansas City). Paul Campo (Williams & Campo) will serve as immediate past president. Erin Seele (Cunningham Vogel & Rost) and Thomas Ludwig (Ludwig & Boner) will continue to serve on the MMAA Board.

Excellence In Government Award At the recently held Government Finance Officers Association of Missouri Annual Conference, Tracy Hansen, finance director for the city of Des Peres, was presented with GFOA-Mo’s top award – the Excellence in Government Award. The GFOA-Mo created the Excellence in Government Award in 2012. The award is presented to the government finance professional in the state of Missouri who displays the high standard of leadership, professionalism, ethics and integrity promoted by the Missouri Government Finance Officers Association.

He has been a very active and dedicated member of MMAA and has served on the Missouri Municipal League www.mocities.com

MEMBERS' Notes MML Calendar of Events September 2021 21-23 �� National Park and Recreation Association Annual Conference, Nashville, Tennessee 26-29 �� MML 87th Annual Conference, St. Louis Union Station 29-Oct. 1 �� Missouri Water/Wastewater Annual Conference, Jefferson City, Missouri

October 2021 3-6 �� ICMA Conference, Portland, Oregon 6-8 �� MPUA Annual Conference, Osage Beach, Missouri 13 �� MML Webinar: United WE Appointments Project 14-15 �� MoLAGERS Annual Meeting, Osage Beach, Missouri 20 �� MML Central Region Meeting, Sedalia, Missouri 28 �� MML West Gate Regional Meeting, Kearney, Missouri 27-29 �� MCMA Annual Conference, Lake Ozark, Missouri

November 2021 3 �� MML Webinar: Media Relations (Qualifies for one credit hour MML Advanced Municipal Governance Institute (AMGI)) 18-20 �� National League of Cities, City Summit, Salt Lake City, Utah Find more events and details on www.mocities.com and in the MML weekly e-newsletter.

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MML Review Magazine

Articles inside

Local Government Review: MML

Member News

Selling Fun Is Serious Business For The Missouri Division Of Tourism

FAQ: Parliamentary Procedure

The Cybersecurity War: You Are A

News From The Bench: Gross V

Other Duties As Assigned

MOCCFOA Certification Program

Director's Review

President's Review

City Clerk's Review