Beyond investing
MOSIP has provided comprehensive investment management services, education, and support to Missouri school districts, counties and other political entities since 1991. mosip.org
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This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website at www.mosip.org. While the MOSIP Liquid Series seeks to maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is an affiliate of PFM Asset Management LLC.
BOARD OF DIRECTORS
President: Matt Turner, Alderman, Harrisonville; Vice President: Len Pagano, Mayor, St. Peters; Immediate Past President: Michele Deshay, Mayor, Moline Acres; Judy Bateman, Alderman, St. Peters; Damien Boley, Mayor, Smithville; *Chuck Caverly, Council Member, Maryland Heights; Bryant DeLong, Mayor, North Kansas City; Reed Dupy, Council Member, Chillicothe; *Joe Garritano, Mayor, Wildwood; Jerry Grimmer, Council Member, Bridgeton; Cemal Umut Gungor, City Administrator, Grandview; *Chris Lievsay, Mayor, Blue Springs; Ken McClure, Mayor, Springfield; Sheryl Morgan, Assistant to the City Administrator, Blue Springs; Lori Obermoeller, Finance Director, Creve Coeur; Thomas Oldham, Council Member, Sedalia; Ryana Parks-Shaw, Mayor Pro Tem, Kansas City; Steve Rasmussen, City Manager, Cameron; Marcieta Reed, Alderman, Vinita Park; *Matt Robinson, Mayor, Hazelwood; Mike Roemerman, Mayor, Ellisville; *Kathleen Rose, Mayor, Riverside; Erin Seele, City Attorney, Kirkwood; Robert Smith, Council Member, Poplar Bluff *Past President
AFFILIATE GROUPS
Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association
EDITORIAL
Laura Holloway, Editor Lholloway@mocities.com
Richard Sheets and Lori Noe Contributing Editors
GRAPHIC DESIGN
Rhonda Miller
The Review September/October 2024; Volume 89, 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.
President's Review
by Matt Turner, Alderman, Harrisonville, and MML President
" As I end my year as your MML president, I want to encourage you to use
MML resources regularly."
Considering All Perspectives
By the time this issue is in print, MML will have wrapped up the organization’s 90th Annual Conference. The keynote this year focused on generational differences and I’m confident that we have all faced those in our life – in our city, workplace or our home.
It can be challenging to work with people who hold a unique perspective based on background, upbringing, technology shifts and more. One thing I have learned in my experience as an elected official is how these differences can be our strengths.
Many times, it just takes digging a little deeper and considering the other perspective. I find one way to do that is to stay continually curious – ask people questions about their ideas and how they came to their conclusions. Stay open to their mindset and of course, above all, stay civil. I like this quote from Ben Franklin, who said “Be civil to all, sociable to many, familiar with few, friend to one, enemy to none.”
MML just recently published a podcast on civility, featuring Matt Lehrman. He has some great insights on how productive leadership can help a community build up residents. Be sure to check out that episode and listen to him discuss focusing on a FAIR model, which encourages local officials to:
• Focus on the facts.
• Animate public engagement.
• Integrity of your oath.
• Refresh your skills, including self-care.
You can find the podcast on the League’s website at www.mocities.com or search for Missouri City View Podcast in your favorite podcast app.
MML produces a wealth of content throughout the year in addition to the expert speakers at League events. As I end my year as your MML president, I want to encourage you to use those resources regularly. Your MML staff is here to help and can guide you to more information on topics from animals to zoning – often in your preferred format, whether a detailed handbook, a brief article or an on-demand webinar.
When your city is a member, it means YOU are a member – so take advantage of what MML has to offer! As you take the initiative to access resources, attend an event, and share your knowledge with others, it will strengthen your community. It is one of the best ways to help your citizens.
Thank you for allowing me to serve as your president this year. It has been an honor to meet so many of you at League events and I look forward to continued involvement with the League. I hope to see you at an upcoming MML event very soon!
by Michael Lanahan
Accountability Checkup: How To Diagnose If Your Team Has An Accountability Problem
Accountability is the foundation of high-performing teams, and local government is no exception. But what happens when it is missing? Here is a tale of two local government teams. Which one sounds more familiar to you?
Team 1 is responsible for issuing construction permits for the city. Unfortunately, they have earned a grim reputation: “where projects go to die.” It takes them 12 weeks to review each application, six times longer than comparable cities. Each team member has a different way of reviewing applications, leaving applicants guessing about their project’s fate. Worse still, feedback on applications is non-existent – just flat–out “accepted” or “rejected.” When you look at the frontline teammates, they have not received feedback since their last annual performance review more than 10 months ago. Promising young employees leave as soon as they can, while problem employees stay despite years of complaints. For many on this team, retirement cannot come soon enough.
Team 2 handles waste management. The trash gets picked up on time, every time and the agency has not received a complaint in years. When you walk into the central office or the main garage, you see charts and dashboards lining the walls that show how well each team is doing their work. At daily stand-up meetings, each team member shares their results from yesterday, outlines their priorities for today, and
flag areas where they need help. They get real-time feedback and support from their supervisors every day. Promising young employees supervise teams and leading projects, and problem employees have long since moved on. This team loves what they are doing and cannot wait to get even better.
If your team is more like Team 2, congratulations! You are living the municipal dream, and your residents are likely reaping the benefits.
If your team sounds more like Team 1, do not pack your bags for another city just yet. The gap between your team and Team 2 might be smaller than you think, even with limited resources. The secret weapon to bridging that gap? Accountability.
In this article, we will explore what accountability means, why it matters, and how you can diagnose the gaps on your local government team. Once you know where your accountability gaps are, you can focus your efforts on improving them and accelerating success for your teammates and citizens.
Why Does Accountability Matter?
When your team has high accountability, they know what to do and they do it well. Expectations are clear, success is measurable, and potential problems are quickly identified and addressed. You can trust an accountable team to deliver outstanding results, and they usually have a great time doing it.
Without accountability, teams fall apart. When your team lacks accountability, the symptoms are clear: missed deadlines, preventable crises, overworked star performers, and front-line issues that get punted to senior leadership, or worse, to your mayor or city council. If these symptoms sound all too familiar, your team likely has an accountability problem.
What Is Accountability?
At its core, accountability means taking responsibility for your team’s performance, both the work you put in and the results you achieve. Accountability consists of five key elements:1
• Clear Expectations
• Capabilities
• Measurement
• Feedback
• Consequences
Let us dive into each element and diagnose where your team might need some work.
Clear Expectations
What They Are: Clear expectations are the foundation of accountability. They answer a simple-yet-critical question: “What does success look like”?
At a minimum, your team needs to know:
• What they are expected to do (e.g., answer customer calls, fill potholes)?
• Key parameters to follow (e.g., regulations, ordinances, policies.)
• Timelines and due dates (e.g., next month, next week, or tomorrow.)
• The overarching goal (e.g., safe housing, clean drinking water, faster permit review.)
What “Good” Looks Like: When everyone on your team understands where they are headed, how to get there, and who is responsible for what, you can be confident that they are moving in the right direction. Mistakes may happen along the way but aligning on the end goal keeps everyone from straying too far off track.
What Happens When Things Are Off: Without clear expectations, team members pull in different directions. They do not understand the vision or how their work contributes to it. They feel like they are busy all the time, but not accomplishing anything. This misalignment leads to wasted effort, frustration and good teammates jumping ship so they can make an impact.
Symptoms of a “Clear Expectations” Problem:
• No shared understanding of your team’s main goals –everyone has a different answer.
• Everyone seems busy, but there is no real progress.
• Inconsistent results across the team, such as different approaches to reviewing permit applications.
• Talented teammates are often frustrated and confused.
• Wasted time and energy.
Capabilities
What They Are: Capabilities are the skills and tools your team needs to excel.
• Skills include the knowledge and abilities required to do the job well, such as strong writing skills for responding to constituent letters or expertise with certain software or regulations.
• Tools include the equipment and systems that enable your team to work effectively, such as a CRM platform for tracking constituent interactions or safety gear for repairing roads.
What “Good” Looks Like: As a leader, it is your job to define the necessary skills and tools for your team to be successful, identify any gaps they might have, and do everything you can to fill them. This might mean investing
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in training, updating processes, or providing new equipment to help your team excel.
What
Happens
When Things Are Off:
When your team lacks the right capabilities, everyone gets frustrated. Work takes longer, quality suffers, and citizens do not get the services they need. Your teammates may be trying their best, but without the right skills and tools, they cannot fulfill their potential.
Symptoms of a Capabilities Problem
• Your team takes significantly longer than comparable cities to do the same tasks.
• No one knows why your processes are the way they are, “it is just the way we have always done it.”
• You have not refreshed your team’s equipment in years, and you do not know how much longer until it gives out.
• You cannot recall the last time your team underwent training or professional development.
• Your teammates do not use the systems and equipment you have because they are too slow, they do not know how, or other reasons.
Measurement
What It Is: Measurement is crucial for evaluating your team’s performance. Without it, you cannot make compelling requests for additional resources, assess your team’s wellbeing, gauge citizens’ satisfaction with your team’s services, or identify potential issues before they blow up into major crises.
What “Good” Looks Like: The best teams know what to measure and how to measure it. They track what matters most to their citizens, supervisors and legislators. And they rigorously review, discuss and act on the data they have, resulting in ever-improving service for their citizens. For example, a parks and recreation department might track the number of visitors to each park, usage rate for key rental facilities, and overall return on investment for each facility.
What Happens When Things Are Off: Without proper measurement, you are flying blind. You might coast along smoothly for a while, but sooner or later, you will encounter a crisis you likely could have prevented — and you will not see it coming until it is too late.
Symptoms of a Measurement Problem
• You do not know how your team’s performance compares to your peer cities.
• Your team is constantly in crisis mode.
• You do not have data on your citizens’ satisfaction with your services.
• You do not have data on your team’s satisfaction with their jobs.
Feedback
What It Is: Feedback is essential communication that provides team members with insight into their performance. It is critical to help them build on the good, cut down on the bad, and keep improving their work to help your city and its residents thrive.
What “Good” Looks Like: Effective feedback focuses on improvement for both the teammate and the overall team. Sometimes it highlights successes and identifies areas for additional growth, helping team members refine their skills and prepare for bigger roles in the future. Sometimes it addresses poor performance, providing teammates with an understanding of what went wrong and how to improve it in the future.
What Happens When Things Are Off: Without effective feedback, team performance stagnates or gets worse. Poor performance persists, motivation dwindles, and insecurity grows. In the absence of feedback, talented employees may leave, unsure of their current standing or future with the team. Struggling teammates might not know they are lagging their peers, and it may not get addressed until citizen complaints start piling up. And by that time, it may be too late to save their job – or yours.
Symptoms of a Feedback Problem
• Lack of regular one-on-ones with direct reports.
• Positive feedback is common, but corrective feedback is rare (or vice versa.)
• Performance evaluations are too vague to drive specific improvement.
• Once-stellar employees lose confidence or motivation.
• Poor performers are surprised when they are asked to leave the team.
Consequences
What They Are: Consequences are your responses to behaviors and outcomes on your team, both positive and corrective.
• Positive consequences focus on reward and recognition for good work. Examples include employee of the month awards, team trophies and other ways to celebrate a job well done.
• Corrective consequences focus on addressing poor performance or behavior. They often include performance improvement plans, decrease in job duties or separation.
What “Good” Looks Like: Effective consequences drive stellar performance. Rewards and recognition boost teammates’ engagement, motivation and retention to a massive degree. Corrective actions help underperformers get back on track or, when necessary, remove their roadblocks to the broader team’s success.
What Happens When Things Are Off: When consequences are off, you incentivize the wrong behaviors. If top performers are treated the same as their low-performing peers, they may lose motivation and scale back their effort at work. After a while, they will likely leave for a team and leader who properly recognizes and rewards their contributions.
On the other end of the performance spectrum, when problem employees do not face any consequences, they will continue to drag down the team for as long as they are around, making things miserable for you, your teammates and the citizens you serve.
Symptoms of a Consequences Problem
• You have received multiple complaints about a team member, but you have not done anything about it.
• You cannot remember the last time you celebrated a teammate’s stellar performance.
• Your team does not have a regular reward and recognition system, such as a meaningful employee of the month program.
• Your team has a track record of top performers getting frustrated, losing motivation and leaving your team.
• Teammates have complained about unfair distribution of rewards and recognition.
Conclusion
Accountability helps government teams stay out of firefighting mode and work proactively to serve their citizens even better. Building accountability takes time, but diagnosing your team’s gaps is the first and most crucial step. From there, you can take targeted actions to close those gaps and deliver exceptional results for your community.
Michael Lanahan serves as founder and principal of MBL Ventures, a consulting and executive coaching firm that helps government, nonprofit, and business leaders navigate strategy, structure and government.
To learn more, please visit www.mblventuresllc.com, or send Michael an email at michael@mblventuresllc.com.
End Note:
1 Note: I subscribe to Peter Bregman’s factors of accountability. See Harvard Business Review, “The Right Way to Hold People Accountable” (Jan. 2016). While there are other schools of thought on accountability, I’ve found Bregman’s to be the most actionable in government settings.
Oct. 8, 2024: Northeast Region, Hannibal
Oct. 10, 2024: Northwest Region, Maryville
Oct. 15, 2024: Southwest Region, Monett
Oct. 16, 2024: Central Region, Ashland
Oct. 17, 2024: Southeast Region, Jackson
Oct. 22, 2204: South Central Region, St. James
Oct. 24, 2024: Metro East Region, St. Peters
Oct. 24, 2024: West Gate Region, Sugar Creek
by Kaylee Woelfel
Launching Missouri's Bird-Friendly Communities Program
Have you noticed changes in the outdoors and nature over your lifetime? Fewer birds singing? Fewer bugs splattered on your windshield on balmy summer night drives? Maybe more removal of trees or fencerows in rural landscapes? Perhaps if you are not outdoorsy, you have noticed changes in your city or community environments? More development or sprawl, brighter nighttime lights, or expansive windows in new construction?
Whether you have personally encountered these changes, they are happening. A massive study conducted in 2019 by bird scientists across Canada, the United States (U.S.) and Mexico looked at long-term trends and quantified that we have lost 29% of North American birds, or three billion birds, since the 1970s. As urbanization and associated natural habitat degradation continues to increase and expand, bird populations continue to decline. Habitat loss is one of the biggest drivers towards bird population declines, but other threats in our built environments have major impacts on bird populations, such as window collisions, light pollution, cats, plastic pollution, and other factors. The new Missouri Bird-friendly Communities Program is working to address some of these human-caused factors, often with relatively little effort and to the enjoyment of people. As a municipal leader, you can help!
But Why Should We Care About Birds?
It is often overlooked how crucial birds are to the ecosystem. Birds are one of the best groups of indicator species. Because they are sensitive to environmental change, we rely on
studying their numbers and population trends to give us clues about what is happening in the environment and to measure ecosystem health. Birds maintain the balance of ecosystems by playing crucial roles as pollinators and seed dispersers of the world’s plants, and pest control – birds eat 400-500 million tons of insects every year. Think of the benefits of that role alone in terms of agricultural systems, disease control, and the comfort of our daily lives being outdoors. If our natural world does not have access to its essential resources, then we, as humans, will not either.
According to the Missouri Census Data Center, more than 97% of Missouri is categorized as rural while 70% of Missouri’s population lives in urban
counties. The human population of Missouri continues to migrate to more urbanized centers, and with that comes the price of habitat loss. Incorporating bird-friendly practices into communities where population is concentrated gives us a real opportunity to implement changes that will help not only wildlife, but communities as well.
We need your help in our communities!
The Missouri Bird-friendly Communities Program is a new collaborative initiative led by the Missouri River Bird Observatory in partnership with the Missouri Department of Conservation, U.S. Fish and Wildlife
An example of a prime pollinator habitat. A variety of native plants provides a safe haven for birds and other wildlife species. Photo provided by Shannon Bucklin, a volunteer for St. Louis Audubon Society.
Services, and St. Louis Audubon Society that is focused on urban areas and communities in Missouri. We are committed to help municipalities make changes in communities to reduce threats to bird populations, cultivate ecological integrity, and bolster human health and well-being. We believe that the quickest path forward in this work is to encourage and assist municipalities in achieving bird-friendly designation status, namely, the U.S. Fish and Wildlife Service’s Urban Bird Treaty Program and the Bird City Network. To help navigate earning these designations and partnerships, the Missouri Birdfriendly Communities Program has hired Kaylee Woelfel as a statewide Birdfriendly Communities Coordinator, to educate on the programs and work with municipalities to act by earning designation of programs below.
Urban Bird Treaty City Program
• This program has three main goals: conserve urban habitat; reduce urban hazards to birds; and engage communities in bird conservation, science, education and recreation.
• For cities with a population of 100,000 or more.
• Requires a core group of at least three partner organizations, along with city government support. Requires a letter of intention along with a 3- to 5-year implementation plan focusing on program goals and actions.
Bird City Network Program
• A sister program to the Urban Bird Treaty City Program (no population requirement) with three categories: habitat, reducing threats to birds, and education and engagement.
• For communities of any size.
• Requires a Bird City Program team to fill out and submit an application and intent form outlining community actions for birds and other wildlife.
Cost-share programs and grants exist to help municipalities with some of the actions listed below. Your community may already be taking actions that benefit birds and wildlife that will count toward designation - consider the examples outlined below. The Missouri Bird-friendly Communities Program plans to work with each community interested in a designation to walk them through the process and choose actions that are feasible, but also impactful and beneficial to birds.
What Actions In Communities Benefit Birds?
Window Collisions
Up to 1 billion birds die per year due to window strikes! Birds do not have the ability to differentiate a reflection of trees, shrubs or open space from the real thing. This can happen any time of the year, but the number of window-strike mortalities peak during spring and fall migration seasons because there are millions more birds in the air passing through our built environments. A nearinstant fix to this problem is treating windows to prevent collisions, including placing adhesive decals, dot patterns, stickers, or films to the external side of glass. Another step municipalities can take is a commitment to treat windows on new buildings or taking it a step further and replacing highly reflective window glass with bird-safe glass with patterns birds can see.
Lights
Not only can bird-window collisions be fatal but light pollution also plays a role. Birds are extremely attracted to lights. Many songbirds migrate at night and can become disoriented by and entrapped within artificial lightscapes. This attraction into lights or urban centers can deplete their energy needed for migration, disrupt their paths, and result in inevitable mortalities due to window collisions. Preventing these mortalities can be as simple as turning lights off when not in use. Other solutions are to replace coldspectrum bulbs with warm-spectrum bulbs in lighting, switching to motionactivated lights, or top-shielding lights to direct light downward rather than up into the sky. National and regional programs such as Dark Sky or Lights Out Heartland encourage building owners, homeowners an d managers to dim or turn off their interior and decorative lights during the fall and spring migratory seasons. This not only benefits birds, but also has direct benefits for insects, other wildlife and even human health!
Municipality bonus: Participating in these programs lowers energy costs and maintenance for building owners or managers.
Native Plants
As the U.S. population increases, we tend to bring with us an increase in non-native, invasive plant species.
An illustration of light-polluted skies compared to a visible night sky. Unshielded lights can reach the night sky which emits artificial light. This causes the light to shine in all directions, which can disorient birds. Switching to shielded lights allows the light to direct downwards and will help prevent light pollution and disorientation. Illustration provided from Dark Skies
Paul Long • Jeff Chronister • Bill Budnick • Ryan Allison • Najem Agnew • Cameron Black • Evan Bradley
Invasive plants are aggressive and tend to out-compete the native plants that wildlife species rely upon. Plants are considered native if they have naturally evolved with their local climate and geology without human intervention. Native plants means attracting native insects that provide key food resources for birds and other wildlife.
Birds rely on native plants and green spaces as a safe haven, especially during migration. Providing native habitats and green space for birds and other wildlife in our communities acts as a pit stop for them on migration, or nesting habitats in the summer. These habitats also support other pollinators such as bees, butterflies and other species. Increasing these native plant populations will, in turn, restore a healthy ecological community for everyone!
Municipality bonus: Planting native plants, trees and shrubs in community landscaping and parks reduces maintenance costs and watering needs, because these plants are adapted to the state’s annual fluctuations in precipitation and weather.
Everything in our ecosystem, including humans, is integrated and interdependent. Removing one fundamental part of an ecosystem can result in a negative chain reaction with unforeseen impacts to humans and the world. The rapid decline of bird populations is systemic, and it is crucial that we work together to make changes that can prevent further loss, like reducing threats, increasing native habitats, and engaging the public to care for natural resources. There are scalable actions that we can all take to protect the ecosystem functions and help to restore ecological harmony.
Kaylee Woelfel is Missouri’s new statewide bird-friendly communities coordinator. She is from a small town in Wisconsin and graduated from the University of Wisconsin-Stevens Point with a bachelor’s degree in Wildlife Ecology and Management, and two minors in Biology and Captive Wildlife Management. In her free time, she enjoys playing tennis and being immersed in nature in any way, shape or form.
To be considered for designation as a birdfriendly community or to discuss, email Ms. Woelfel at Kaylee.Woelfel@mrbo.org. Learn more at www.mrbo.org.
To learn more about our Missouri Bird-Friendly Communities Program, make sure to attend the Missouri Municipal League Webinar on October 22 at 10 am.
External stickers like this dot pattern break up the external reflection of vegetation or sky to show birds that the glass is not a pass-through (left photo). Nature centers and executive buildings are moving toward dot patterns because they are long-lasting, aesthetically pleasing, and do not obscure the view from the interior (right photo). Photos by Kris Spaeth, U.S. Fish and Wildlife Service.
by Brianna L. Lennon
Conducting Elections
Each April, local election authorities all over Missouri conduct elections for the municipalities, school districts, water districts, and other political subdivisions in their counties. For voters, election day may seem like a one-day event that comes together quickly and easily, but it takes weeks of preparation and planning. Most importantly, it takes cooperation and collaboration across all levels of government to pull off a successful election. This article covers the division of responsibilities between municipalities and local election authorities leading up to election day and how we can best work together so that voters can make their voices heard.
Getting Your Election On The Ballot
Whether your municipality has a charter form of government or not, there are specific election statutes that apply to everyone. Underlying all of them is the requirement to have regular elections for voters to choose representatives at the city or village level. For nearly all municipalities (aside from cities with charters that set alternative deadlines), those elections happen on the second Tuesday after the first Monday in April. However, the real work begins much sooner.
Election prep for April starts around Thanksgiving, when municipalities are creating their public legal notice, which includes their list of open offices and candidate filing dates and locations. Once created, that notice must then be published in the local paper. Missouri law sets the schedule for candidate filing, which begins at 8 a.m. on the 17th Tuesday before election day (in December), so you will want the newspaper to have your public notice printed well before that date. Importantly, the Missouri Legislature has changed candidate filing deadlines several times so it is best to double check timing by reviewing Section 115.127.5, RSMo before finalizing the notice. Under the 2024 law, candidate filing is open for three weeks, closing promptly at 5 p.m. on the 14th Tuesday before election day (Dec. 31, 2024.)
Once candidate filing closes, municipalities have until 5 p.m. on the 10th Tuesday (January) before the election to notify
their local election authorities of the candidates and ballot issues that need to be on the April ballot. The law requires that this notice (1) be in writing; (2) specify the name of the officer calling the election; and (3) include a certified copy of the published legal notice. You can fax your notice to the local election authority, but you still need to get the originals to their office within three (3) business days from the date of the fax. (115.125.1) A sample ballot of your municipality’s offices, candidates and ballot issues is also helpful to provide to your local election authority because, once they receive the notice, they will use it to create the election and prepare ballots.
There is one very notable option for smaller municipalities to streamline the entire election process. Missouri law allows cities and villages with 2,000 or fewer inhabitants to adopt a proposal that, as long as the public legal notice has been filed in the newspaper and the election is nonpartisan and the number of candidates for each office is equal to the number of positions for each office and no ballot measure is placed on the ballot, then no election shall be held, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected. The ballot measure needs to be adopted by a majority vote of the residents and expires after six years, so the municipality’s governing body would need to put it on the ballot and keep track of when it needs to be renewed by ballot measure.
(RSMo 115.124)
Candidate Filing Dates And Locations
Because candidate filing deadlines often occur during December holidays and breaks, it can be difficult to plan staffing and logistics. The expectation under Missouri law is that candidate filing takes place in your office. That means it is incredibly important to have the office open at 8 a.m. on the first day of candidate filing and to remain open on the last day of candidate filing until 5 p.m. It does not mean that the office needs to be open for every single day of candidate filing, but you should be very clear in your public legal notice,
press releases and official policies when your office will be staffed and accepting candidate filings. If you anticipate scheduling issues, communicate with your local election authority and consult with your attorney so that you do not inadvertently affect a candidate’s ability to file.
Working With Local Election Authorities Before Election Day
Polling places: Municipalities are often the most in-the-know about buildings that are well-utilized by the community and easily accessible. Those locations can be great polling places, but your local election authority may not be aware of them. Build your relationship with your local election authority office not only so you can share these recommendations, but also so that you have a direct line if anything comes up on election day that is concerning or needs to be addressed immediately.
application required. However, many voters are unaware of this secure and convenient option.
Safety: As part of election preparation, many local election authorities are reaching out to law enforcement to create incident response plans in their county. Since municipalities often have their own law enforcement and responders, collaboration across levels of government ensures we are all working together for a successful election day.
Staffing: Local election offices are always in need of more poll workers. You can encourage your own staff to work at a polling place on election day or, better yet, think about offering poll worker leave to municipal employees to incentivize them to sign up.
Voter Education: Local election offices and municipalities can work together to amplify voter education efforts across your community. Important dates, like the last day to register to vote or the first day of no-excuse absentee voting, are relevant to all residents and sharing this information on your website, newsletter or social media is a great way to promote community. Civic holidays like National Voter Registration Day (Sept. 17, 2024) and Election Hero Day (Nov. 4, 2024) are easy opportunities to support elections in your municipality and help voters make their voice heard.
Municipalities can also support civic engagement by helping introduce new election concepts to voters. For example, Missouri now has a no-excuse absentee voting period that operates very similar to early voting. Any registered voter can go to their local election office with their photo ID and cast a ballot in person just like on election day, with no advance
After Election Day
Finally, once that final polling place reports results on election night, we all know that it is tempting to call it a day. For local election offices, though, the day after Election Day marks the beginning of the post-election certification. Bipartisan teams of election judges review any provisional ballots that were cast, count write-in votes, and conduct a hand-count audit of election night results. This process is crucial to the security and integrity of the election, and it can take up to two weeks to complete. However, we also know that municipalities have their own dates and deadlines for swearing in officials and acting on ballot measure results.
In an election with wide margins, it is unlikely results will change due to counted provisional ballots or write-in votes, but in a close election or a tie, the certification process can greatly affect the outcome of a race or a question. In those circumstances, it is important to not only plan for that uncertainty, but also to work with your local election office to communicate the process to voters. Voter education is just as important after the election as it is before.
Brianna L. Lennon has served as the county clerk and local election authority for Boone County since January 2019. The county clerk is a county-wide official, elected to a four-year term during midterm election years. Prior to her election as Boone County clerk, Brianna served as an assistant attorney general in the Missouri Attorney General’s Office before joining the Missouri Secretary of State’s Office as elections counsel and deputy director of elections.
To reward your commitment to the continual process of learning new skills and abilities in the local government field, MML sponsors the Municipal Governance Institute. Participants who complete the program are designated as "Certified Municipal Officials" by the Missouri Municipal League.
Participants complete 12 hours of study in core areas and four hours of elective training. The program is open to both elected and appointed municipal officials and utilizes existing MML training opportunities, such as conferences and online training, as well as specially-crafted workshops to provide meaningful and useful information.
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• The program is open to both elected and appointed municipal officials.
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• The program utilizes existing MML training such as conferences and online training, as well as custom-crafted workshops to provide meaningful and useful information.
MML members who have received designation as a "Certified Municipal Official" are now eligible for an advanced certification program, or AMGI.
The advanced program offers increased challenges and rewards, requiring the completion of study in 14 core areas. Each custom-crafted module is tailored to assist Missouri local officials in their mission to better serve their communities.
MGI STAFF
Emily Koenigsfeld, Event & Training Manager
Stuart Haynes, Director of Administration & Policy
by McKaia Dykema and Stephanie Martinez-Ruckman
2023-2024 Supreme Court Term Roundup:
Decisions Important To Local Government
In their 2023-2024 term, the Supreme Court of the United States (SCOTUS) issued decisions that directly impact local governments on issues including the constitutionality of collecting impact fees, local authority to make regulations on the matter of homelessness, Title VII employment issues and public officials’ usage of social media. Consistent with our legal advocacy and through our partnership with the Local Government Legal Center (LGLC”), the National League of Cities (NLC) participated in amicus briefs presenting sound and persuasive legal arguments to the Court on principles and issues important to good municipal government.
This blog breaks down the most significant SCOTUS rulings and their implications for local governments from this past term.
Grants Pass v. Johnson
The issue in this case was whether the city of Grants Pass’ enforcement of an ordinance banning public camping against involuntarily homeless individuals violated the Eighth Amendment’s protection against cruel and unusual punishment.
The Supreme Court’s decision concluded the Eighth Amendment’s prohibition on cruel and unusual punishment does not prohibit the enforcement of generally applicable laws regulating camping on public property. The majority stressed that the cruel and unusual punishment clause has largely applied to legal issues relating to methods of punishment and not whether a certain conduct can be
criminalized. Additionally, the majority reasoned that the Eighth Amendment “does not authorize federal judges … to dictate this Nation’s homelessness policy.”
This decision was a major win for local governments as it provided clarity around whether local governments have the authority to regulate the health and safety of their residents in accordance with local needs and conditions. The case itself highlighted the complexities of the homeless crisis across the nation but ultimately turned the hard task of solving the homeless crisis to state and local policymakers, where it belongs, with resource support from the federal government.
NLC filed a brief in this case along with the founding partners of the LGLC. This brief was cited an unprecedented 18 times in the Court’s opinion.
Lindke v. Freed
The issue in this case was whether a public official’s social media activity is considered “state action” subject to the First Amendment.
The Supreme Court held in a unanimous decision that a public official’s social media posts are state action “only if the official (1) possessed
actual authority to speak on the state’s behalf, and (2) purported to exercise that authority when [they] spoke on social media. The Court also noted that the line between private and state action can be “difficult to draw” but the Court emphasized that public officials have their own First Amendment rights, including rights to speak about their employment, that they do not relinquish simply by becoming public officials.
The Court’s decision also provided guidance and hypotheticals, which may prove to be useful to local governments as they update their policies and train staff on the implications of this ruling. NLC filed an amicus brief in this case along with the LGLC.
United States v. Rahimi
The issue in this case was whether a federal statute that prohibits the possession of firearms by persons subject to domestic violence restraining orders violated the Second Amendment.
In an 8-1 decision, the Supreme Court found that this prohibition does not violate the Second Amendment. The Court applied the New York State Rifle & Postol Assn., Inc. v. Bruen’s history and tradition test, and concluded that since the founding of the nation, the regulation of firearms has included “provisions preventing individuals who threaten physical harm to others from misusing firearms.” The majority found that viewing together two earlier firearm laws in English and U.S. history, they “confirm … When an individual poses a clear threat of violence to another, the threatening individual may be
disarmed.” The earlier laws in history were found to be sufficiently similar to the federal statute and therefore, is a constitutional regulation.
NLC filed a brief in this case along with The United States Conference of Mayors and the International Municipal Lawyers Association consistent with provisions in our National Municipal Policy and in support of the direct impact to city first responders. Importantly for local governments, domestic violence incidents are among the most dangerous for law enforcement and other first responders.
Muldrow v. City of St. Louis
The issue in this employment law case was whether Title VII prohibits discrimination in transfer decisions absent a separate court determination that the transfer decision caused a “materially significant disadvantage.”
The Court ruled in another unanimous decision that an employee who challenges a job transfer under Title VII of the Civil Rights Act of 1964 need not show the transfer brought about “material harm” to bring forth a successful claim against their employer. However, the Court concluded that the claimant must show “some harm from a forced transfer” although that harm need not be serious or significant.
In their decision, the Court acknowledged the sweeping nature of their ruling and noted that their holding “lowers the bar Title VII plaintiffs must meet.” Local governments should consult with their city attorney and human resource departments to examine their policies surrounding employee transfers and ensure proper training is conducted to limit liability. NLC also filed an amicus brief in this case with partners of the LGLC.
Under the previously applicable Chevron doctrine, if Congress had not directly addressed the question at the center of a dispute on the administration of federal laws, courts were required to defer and uphold to the pertinent federal agency’s interpretation of the statute so long it was reasonable. In this decision, the majority struck down this doctrine and held that the Chevron doctrine violated the Administrative Procedure Act (APA.) The Court determined that the APA requires courts to exercise independent judgement in determining whether an agency has acted within their statutory authority for ambiguous laws, and courts should not defer to an agency’s interpretation alone but may still “seek aid” from the agency in their determination.
Scheetz v. El Dorado County
The issue in this case was whether legislative monetary exactions (impact fees) imposed by local governments as a condition for a building permit are subject to the “essential nexus” and “rough proportionality” requirements from previously established cases ( Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon.)
In a unanimous decision, the Court narrowly determined that legislatively enacted impact fees are not exempt from the requirements listed above. As such, local governments that impose impact fees are now subject to a standard requiring them to demonstrate the relationship and relative impact of the development on the community.
Broadly speaking, the issue in this case was whether the Court should overrule a previous decision in Chevron v. Natural Resources Defense Council or at least clarify whether statutory silence creates an ambiguity that requires deference to the agency interpretation.
This decision is likely to have farreaching effects on various issues, from environmental regulations to healthcare costs. However, what this means exactly for local governments is not certain. There are likely to be areas where courts will be more willing to strike down agency regulations that benefit local governments as regulated entities, but other times where this action may hurt local governments and their community priorities.
Importantly, for local governments that issue impact fees, this decision does not prevent local governments from enacting reasonable permitting conditions, including impact fees, via passed legislation. However, given this recent decision, local governments will want to ensure that legislatively imposed impact fees comply with the requirements from the Nollan and Dolan cases. NLC filed an amicus brief in this case with the LGLC and the City/County of San Francisco.
Loper Bright Enterprises v. Raimondo
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Gonzalez v. Trevino
The issue in this case was whether objective evidence is enough to meet the probable cause exception in Nieves v. Barlett to move forward with a retaliatory arrest claim.
Under the 2019 decision in Nieves v. Barlett, the Court ruled a plaintiff can generally only bring forth a retaliatory arrest claim if they can show there was no probable cause for the arrest. In this decision, the Court concluded that a plaintiff may show other types of objective evidence and the 5th Circuit’s prior ruling had construed the Nieves exemption too broadly. The Court reasoned that “[a] lthough the Nieves exception is slim, the demand for virtually identical and identifiable comparators goes too far.” The only express limit on the type of evidence a plaintiff can present is that it must be objective and the survey that Gonzalez made of the types of crimes charged under the statute satisfied the requirement.
The decision means that more plaintiffs may be able to bring a retaliatory arrest
claim under the Nieves exception by utilizing any form of objective evidence. However, the Court still emphasized that the exception is narrow. Local governments should continue to defend these claims on that ground. NLC filed a brief in this case with our partners at the LGLC arguing for a narrow and objective exception under Nieves
Chiaverini v. City of Napoleon
The issue in this case was whether Fourth Amendment maliciousprosecution claims can proceed under the charge-specific rule so long as other charges brought alongside the baseless charge are supported by probable cause.
In their decision, the Court narrowly found that probable cause for one charge in a criminal proceeding does not defeat a claim for malicious prosecution under the Fourth Amendment as that claim relates to another baseless charge. In other words, valid charges cannot insulate a local government from a Fourth Amendment malicious prosecution claim related to invalid
charges. NLC filed a brief in this case with our partners at the LGLC.
The Court also issued two additional decisions of interest to local governments in Ohio v. EPA and Harrington v. Purdue Pharma.
• In Ohio v. EPA , the Supreme Court granted a group of states’ application for a stay of the EPA’s Good Neighbor Rule, which pertains to emissions control measures for those states. The case came to the Court on its emergency docket and is not a decision on the merits. The holding signifies that the Court’s majority believed the states were likely to prevail on the merits of their claims that the EPA’s Federal Implementation Plan for nitrous oxide emissions control measures, which included “downwind ozone air quality improvements,” was arbitrary and capricious under the Administrative Procedure Act and therefore unlawful.
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NLC and the LGLC recently hosted a webinar with legal experts reviewing the important decisions of the SCOTUS term impacting local governments. Watch at https://www.nlc.org/resource/from-the-event-supremecourt-review-for-local-governments-2023-2024-term/.
• In Harrington v. Purdue Pharma, the Court ruled that the Bankruptcy Code “does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seek to discharge claims against a non-debtor without the consent of affected claimants.”
The “non-debtor” in this instance was a group of Sackler family members--formerly owners, officers, and directors of Purdue-who transferred to themselves more than $11 billion from the company as they saw the specter of massive litigation arising. In order to avoid personal liability arising from their role in Purdue’s irresponsible and fraudulent practices in the marketing and sale of OxyContin, they offered to contribute $6 billion of those assets back into the Purdue bankruptcy. In exchange for that contribution, they would be released from all personal liability relating to Purdue, its products, and their ostensibly fraudulent transfer of money from the company. Some observers are predicting that this decision effectively destroys the Chapter 11 proceeding and will unleash multiple claims against the Sacklers.
Stephanie Martinez-Ruckman is the legislative director of human d evelopment at the National League of Cities.
McKaia Dykema is the legislative research manager on the federal advocacy team at the National League of Cities.
This article was originally published by the National League of Cities on CitiesSpeak. Find the post at https://www.nlc.org/ article/2024/07/18/2023-2024-supreme-courtterm-roundup-decisions-important-to-localgovernment/.
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FAQ: Railroad Crossings
The Missouri Department of Transportation (MoDOT) Multimodal Division administers the state’s railroad program to ensure Missouri’s rail system is safe for the motoring public, rail passengers and railroad employees. Within the office there are regulatory and program functions, including freight rail regulations; Amtrak passenger rail operations and promotions; light rail safety regulation; highway-rail crossing safety; rail/ highway construction projects; highway-railroad crossing safety outreach; and safety inspections of railroad tracks, grade crossing signals and operating practices.
How many public highway rail crossings are in the State of Missouri?
As of September 2021, there were 4,381.
How do I report a blocked highway-railroad crossing?
The Federal Railroad Administration (FRA) has a website to report blocked highway-railroad crossings, www.fra.dot. gov/blockedcrossings. The website will request specific information about the blocked crossing including date, time, location and duration.
How long can a train block a railroad crossing?
Model Traffic Ordinance Section 300.360 states that is unlawful for a train to prevent the use of any street for purposes of travel for a period of time longer than five minutes; except this does not apply to a moving train or to one stopped because of an emergency or for repairs necessary before it can proceed safely.
What should I do if a train is blocking a crossing?
Be patient. Railroads and railroaders do not intentionally block crossings; generally, there is a very good reason why a crossing is blocked for a period of five minutes or more. Common reasons include waiting on the arrival of another train to pass or waiting to enter into a rail yard. Occasionally, there are minor mechanical problems with locomotives or cars. Railroad employees by federal law cannot work more than 12 hours per day, so there are instances when a crew has met those limits and are awaiting another crew to relieve them.
What information should I collect if the train blocks the crossing for an extended period of time?
First, write down the time, date and how long a crossing was blocked. Note what city, street or route you were traveling on. If possible, write down the numbers on the side of some of the
cars. Even better, record the number on the locomotives, such as HLCX 1234. The DOT number of the crossing that is blocked is most helpful.
How do you identify a railroad crossing or locate a DOT number?
Each public railroad crossing should have an identification tag with the name of the railroad company and a unique identification AAR-DOT number somewhere in close proximity to the crossing. On a crossing with flashing lights and/or gates, the DOT number will be painted on the side of a small silver building (bungalow) located near the crossing. The number can also be found on the signal mast (the metal pole where the flashing lights are attached.) The DOT number on the mast or the cross-buck pole can be found on a 4” x 9” embossed metal tag attached to the mast or pole (the pole that contains the standard “railroad crossing” white and black-lettered sign in the form of a large “X”.) The number is a 6- digit number followed by a letter, such as, “987456 A.”
What should I do if I think that a railroadcrossing signal is malfunctioning?
Occasionally crossing signals will appear to be malfunctioning, and in extremely rare cases may actually malfunction. It is important to report all suspected malfunctions directly to the railroad so they can be corrected as soon as possible since the railroad is responsible for maintaining the warning system and each railroad has its own procedures for correcting such malfunctions. The design of active warning devices is such that if they do fail, they do so in the safest position – lights flashing and gates down. There are several reasons why signals might malfunction, but weather conditions are the most common reason. To quickly report malfunctioning grade
crossing signals, call the railroad’s phone number on the side of the small silver building (bungalow, nearest the crossing) or placard on the signpost, to report the problem, and be prepared to give the “DOT number”, (see the question above to locate the DOT number). If you are unsuccessful or cannot get in touch with the railroad, contact local law enforcement, and in addition to all of the above, if still unsuccessful you may also contact our office for assistance during regular business hours at (417) 429-1731.
Can a city require a railroad to operate at a specific speed or not sound the horn of a locomotive?
The Federal Railroad Administration (FRA) governs many of the operational aspects of railroads. Federal regulation preempts any local speed restrictions and most operating practice procedures on trains. (Section 20106 of Title 49, United States Code.)
Federal law requires the sounding of the locomotive’s horn at least 20 seconds before the train approaches a rail/ highway crossing of any public road. Trains or engines must sound the horn as they proceed through the entire crossing.
The FRA has an administrative rule that allows certain communities to apply for “quiet zones” if the rule’s requirements are met. Once the rule’s requirements are met, the locomotive would not sound its horn when passing through the crossing in most instances. See 49 Code of Federal Regulations part 222 for those requirements. Cities may also wish to investigate the use of “wayside horns”, which are horns mounted at the signal post of a public rail/ highway crossing so that the locomotive does not have to blow its horn. Wayside horns are generally believed to be less disruptive than locomotive horns because they are directed at the traffic in the street.
How
can we get flashing lights and/or gates at a crossing that has only crossbucks?
The Railroad Unit coordinates and administers the Missouri Highway/Rail Crossing Safety Program. Highway/rail crossing safety projects are funded using Federal “Section 130” funds ($6 million/ year) and Grade Crossing Safety Account (GCSA) state funds ($1.5 million/year).
Section 389.612, RSMO was enacted to allow collection of a 25-cent fee for each motor vehicle registration or renewal. The Federal “Section 130” funds and the GCSA funds can be spent on public crossings only.
Each public crossing for which lights and/or gates are requested will be evaluated and its approximate ranking toward other crossings will be evaluated.
Because funds are limited, at the present time only the crossings with extreme amounts of train and vehicle traffic or other sight distance problems will receive lights/gates because the need is great.
What is the difference between public and private crossings?
A public crossing is the location where railroad tracks intersect a roadway that is part of the general system of public streets and highways and is under the jurisdiction of and maintained by a public authority and open to the general traveling public.
A private crossing is one that is on a private roadway that may connect to part of the general system of public streets and highways but is not maintained by a public authority. Usually, it is a crossing where the property on at least one side of the railroad tracks is private property. Private crossings are usually intended for the exclusive use of the adjoining property owner and the property owner’s family, employees, residential, farm, recreation, cultural, industrial or commercial activities.
The trains in my neighborhood are constantly blowing their horns. Why do they have to do this when there are automatic signals at the crossing?
Locomotive engineers are required by state law to blow their horn as the train approaches a public road or street. The horn will be sounded from a point about ¼ mile from the crossing until the train enters the crossing. The horn is part of the overall safety system used at all crossings to alert highway users of the approach of the train. Keep in mind that environmental conditions such as fog, wind, snow and
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rain, as well as a curved track or noisy vehicle traffic near the crossing, can make it more difficult to hear the horn. Noise inside vehicles such as radios or passengers will also affect one’s ability to hear a horn, so these factors should be minimized when approaching a crossing. See also the answer above referring to quiet zones.
How do we get a rough rail crossing fixed?
Contact the railroad that is responsible for that crossing, (you should be able to tell the name of the railroad by checking the name on the signal bungalow or cross buck post.) You can also call in a compliant to our Railroad Unit in the Multimodal Section at (573) 526-2169. Keep in mind, that we have many crossings in the state; therefore, the crossing inspection will have to be scheduled. Remember to obtain the same information that was listed above for identifying a railroad crossing.
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How can I access railroad crossing accident information?
The Federal Railroad Administration, Office of Safety maintains crossing accident and inventory information on their website.
What if I have additional questions? Contact our office at (417) 429-1731 or at MoRail@modot.mo.gov. This information is reprinted with permission from the webpage of the Missouri Department of Transportation’s state railroad program. Learn more at www.modot.org/multimodal
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MEMBER & MML News
Maryland Heights Finance Department Award
Congratulations to the City of Maryland Heights finance department recently received recognition for their 2022 Annual Comprehensive Financial Report (ACFR).
The Certificate of Achievement for Excellence in Financial Reporting is awarded by the Government Finance Officers Association (GFOA) to state and local governments who prepare ACFRs that go beyond the basics. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting.
Grandview Named Crown Community Award Winner
American City & County (AC&C) has named the City of Grandview a 2023 Crown Communities Award Winner for its work transforming the I-49 Outer Roads into two-way traffic. The $15M project on over five miles of outer roads was the first MoDOT project in Missouri to use a designbuild construction process and not the more typical design-bid-build process. This is the second Crown Communities Award for Grandview, having previously won it in 2016 for its $6.1M revitalization of Main Street.
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Columbia Water Treatment Plant Award
Congratulations to the City of Columbia water treatment plant for the 2023 Community Water Fluoridation 50 Year Award from the American Dental Assoc., CDC and Assoc. of State and Territorial Dental Directors! Thank you for providing dependable drinking water for your community!
MML Resolutions Committee
In August, the MML Resolutions Committee met to review policy for next year that includes suggested changes from each of MML’s 4 policy committees. It is a great group discussion with Missouri local government leaders. This year, MML was honored to host two second-year students from the MU Truman School of Public Affairs - thank you Marcello and Lacey for joining us to learn more about Missouri local government policy!
Interested in joining an MML Policy Committee? Learn more at www.mocities.com/advocacy.
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Top photo: Mayor Buffaloe with MU Truman School of Public Affairs students. Bottom photo: The MML 2024 MML Resolutions Committee met in August.
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MML Calendar of Events
MML Calendar of Events
September
15-18 MML Annual Conference, Branson, Missouri 17-19
MU Extension Connecting Entrepreneurial Communities Conference, Fulton, Missouri
November
January
Ozark, Missouri
League of Cities' City Summit, Tampa, Florida
more events and details on www.mocities.com and in the MML e-newsletter.
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