the official publication of the missouri municipal league th mml

The Official Publication of The Missouri Municipal League

TheMissouri Municipal

July 2011

Review77th MML AnnuAL ConferenCe

Join U

s

In K

ansas C

ity!

AnnuAL ConferenCe InforMAtIon And regIstrAtIon forM on pAge 23!

2 / July 2011 The Missouri Municipal Review www.mocities.com

This information does not represent an offer to sell or a solicitation of an offer to buy or sell any fundor other security. Investors should consider the investment objectives, risks, charges and expensesbefore investing in any of the Missouri Securities Investment Program’s portfolios. This and otherinformation about the Program’s portfolios is available in the Program’s current InformationStatement, which should be read carefully before investing. A copy of the Information Statementmay be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website atwww.mosip.org. While the MOSIP Money Market Series seeks to maintain a stable net asset valueof $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 pershare at the stated maturity, it is possible to lose money investing in the Program. An investment inthe Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any othergovernment agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors,Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org). PFM FundDistributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Member SIPC.Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, andmanagement. According to Standard & Poor's rating criteria, the AAAm rating signifies excellentsafety of invested principal and a superior capacity to maintain a $1.00 per share net asset value.However, it should be understood that the rating is not a "market" rating nor a recommendation tobuy, hold or sell the securities.

TheMissouriSecurities InvestmentProgram (“MOSIP”) is acomprehensive cashmanagement program for schooldistricts, municipalities, and otherpolitical subdivisions. MOSIP wascreated in 1991 by the MissouriSchool Boards Association.

MOSIP offers its participants aprofessionally managed portfoliowith competitive money marketrates. MOSIP stresses “safety ofprincipal” as the number oneobjective and is rated AAAm byStandard and Poor’s.

Sponsored by:Missouri School Boards Association • Missouri Association of School Business Officials

Missouri Association of School Administrators

Missouri Securities Investment Program

A Cash Management Program for School Districts, Municipalities

and Other Political Subdivisions

William T. Sullivan, Jr.Managing Director

1-800-891-7910 [email protected]

Maria AltomareManaging Director

1-800-891-7910 [email protected]

P.O. Box 11760 • Harrisburg, PA 17108-17601-877-MY-MOSIP

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 631461-800-891-7910

Registered Representatives

Administered by: PFM Asset Management LLC

contents

departments

PresidentMayor Carson Ross

Blue Springs

Vice PresidentMayor Norman McCourt

Black Jack

Immediate Past PresidentMayor Gerry Welch

Webster Groves

eMISSOURI MUNICIPAL LEAGUE BOARD

OF DIRECTORS Donna Baringer, Alderman, St. Louis;

Conrad Bowers, Mayor, Bridgeton; Denise Chisum, City Clerk, Lee’s Summit; Roger Haynes, Deputy City Manager, Mexico; Bill Johnson, Director of Administration, Fulton; Bob Kneemiller, Councilman, St. Charles; Bill Kolas, Mayor, Higginsville; Allison Light, Alderman, Harrisonville; Jan Marcason, Councilmember, Kansas City; Scott McCaulley, Alderman, Hol l is ter ; *Ron Monnig, Counci lmember , Slater; Don Reimal, Mayor, Independence; Lisa Robertson, City Attorney, St. Joseph; Arthur Sharpe, Jr., Councilmember, University City; *Bill Skaggs, Councilmember, Kansas City; Paul Ward, Councilmember, Kirkwood; Susan Williams-McVey, Councilmember, Poplar Bluff; Terry Wilson, Mayor, Pleasant Hill; Dianna Wright, City Administrator, Wentzville; *Kevin Wood, Mayor, Harrisonville; *Patti York, Mayor, St. Charles.*Past President eAFFILIATE GROUPS: Missouri City Man-

agement Association; City Clerks and Finance Officers Association; Government Finance Of-ficers Association of Missouri; Missouri Mu-nicipal 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.

Katie Bradley, EditorContributing Editors: Dan Ross and Richard Sheets

Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Sub-scriptions: $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, Jeffer-son City, MO 65109.To contact the League Office call 573-635-9134, fax 573-635-9009 or e-mail the League at [email protected]. The League’s Web site address is: www.mocities.com.

www.mocities.com The Missouri Municipal Review July 2011 / 3

Review VOLUME 76, NO. 4

Missouri MunicipalThe

July 2011

The Official Publication of The Missouri Municipal League

4 / President’s Report

6 / Director’s Message

7 / 77th MML Annual Conference

9 / Hermann’s Municipal Utility Rate Increases Did Not Require Prior Voter Approval by Kenneth J. Heinz

11 / Navigating Comp Time by Lori Lein

13 / Street Smarts by Julia M. Johnson

15 / 10 Steps To A Graffiti-Free City by Rick Stanton

17 / Creating A Records Management Policy by John Korasick

19 / Investing In Employees During Lean Budget Times by Joan Jadali and Cyndi Freeman

23 / MML Annual Conference Brochure• ConferenceOverview• ConferenceTentativeAgenda• ConferenceRegistrationForm

26 / Professional Directory

29 / News From The Bench

30 / Frequently Asked Questions - MML Web Site

34 / Municipal Ads -Jobs, equipment, bids, etc.


Local government week was a rousing success! Thank you to a l l the m u n i c i p a l i t i e s a n d

off icials who participated in this ongoing Missouri Municipal League (MML) initiative! What a meaningful way to celebrate with and underscore for our citizens, the many important serv ices munic ipa l i t i es provide . Whether your city involved the local schools with essay contests, had a public work’s open house to show off new equipment, or involved high school kids with a junior city council night, all of these and other activities helped to highlight the importance and value of local government. The League sponsored the inaugural Mayor’s Breakfast event in Jefferson City. One hundred-twenty mayors, councilmen and city administrators heard the nationally known, government expert Peter Harkness provide the keynote address on the importance of municipal government in the economic recovery. Following the breakfast, mayors and counci lmembers f rom across the state took the opportunity to meet with their legislators and inform them of municipal priorities for the legislative session. What a great event! I look forward to watching the Local Government Week program continue to grow over the coming years.

Welcome to the newly elected of-ficials! Public service can be a challeng-

ing job but also one that brings many rewards. Nothing beats the satisfaction of knowing you played a role in en-riching your community’s well-being. One of the many benefits of being an elected official is the many friendships you will make. Involvement with the Missouri Municipal League is the best place to start.

Plan now to attend the League’s upcoming MML Annual Conference, September 11-14, 2011, in Kansas City. The Conference is designed to be educa-tional, fun and best of all, will provide attendees with tools they can take back home to improve their communities. This is going to be another fantastic Conference and I encourage all munici-pal officials to attend.

Another MML program I want to mention is the League’s Innovation Awards. Has your city recently fin-ished a new program or project? Is it something you are proud of and your neighbors could learn from? Consider nominating the project for the Missouri Municipal League’s Innovation Award program. This program puts the spot-light on successful municipal programs that will benefit other municipalities. Each submission will be entered into the Innovation Award database for future reference. Winners are honored at the Annual Conference. Contact League headquarters or visit the League’s Web site at www.mocities.com for more information.

Throughout your term, the of-ficers and staff of the League will be pleased to assist you. The League of-fers a full array of services to help you and your municipality be successful. In order to help you become better ac-quainted with our organization and to reiterate for incumbent officials, I am going to summarize some of the many programs and services available to you.

Inquiry Service: This is one of the League’s most widely used services as indicated by staff’s quarterly reports. Literally hundreds of officials call or e-mail each week to obtain reliable and practical answers to specific municipal concerns. We will answer your ques-tion or direct you to the appropriate resource to obtain it.

Legislative Program: The League represents municipalities before the Missouri General Assembly. There are four MML standing policy committees

that are appointed each year to study specific areas of municipal concern. This year-long process requires member par-ticipation. I cannot overstate too much the importance of your involvement in the legislative program. Your contacts with your legislators are extremely valuable in this process.

Conferences and Training: The MML Annual Conference, which will be held September 11-14, 2011, at the Hy-att Regency in Kansas City, is the most important municipal event of the year. I encourage you to attend this informa-tive and fun gathering of typically more than 700 municipal officials. The League also recently conducted the Elected Officials Training Conference. I know those who attended benefited greatly from the information the presenters and panelists provided. In addition, every February the League conducts a Legislative Conference. The purpose of this Conference is to keep member-ship informed of municipal issues that will be addressed in the current year’s Legislative session. In addition to these three major statewide conferences, spe-cial seminars and workshops are spon-sored or cosponsored by the League. The League also holds periodic regional meetings in your area.

Intergovernmental Cooperation: The League staff monitors the activi-ties of state and federal agencies and maintains a working relationship with regional planning commissions, state associations and all organizations that are in any way connected with munici-pal government.

MML Web site: The MML web site at www.mocities.com is another im-portant resource. Many of the primary League services (inquiry, legislative, publications/research, conference/training and clearinghouse) are en-hanced with the use of the MML Web site. The League is also working to roll out an online searchable member directory as well as online training programs.

It has been a pleasure to introduce League services to those of you elected in April. I want to reiterate to the newly elected officials and to incumbents the importance of participating in Mis-souri Municipal League activities. You definitely will find that the League is a good friend and resource, as you carry out your duties as a municipal official.

president’s report . . .

MML PresidentMayor Carson Ross

Blue Springs


(573) 581-2800 www.IMSsecure.com [email protected]

Digital Imaging Software Solutions | Document Storage Document Destruction |

Providing Capital Financing AccessFrom the Ground Up.

Bond FinancingsEducationHealthcareLibrariesCities, Counties & StatesEconomic Development

member sipc & nyse | 501 north broadway | st. louis, missouri 63102

Laura Radcliff, Senior Vice President(314) 342-2153 | [email protected]

Carl Ramey, First Vice President(314) 342-2242 | [email protected]

Martin Ghafoori, Vice President(314) 342-8467 | [email protected]


Dear Members and Friends:July 7, 2011, marked my first anniversary serving as

your Missouri Municipal League (MML) director. I want to thank the staff, board of directors and members for your support and encouragement along the way. In the past 12 months, eight new cities have joined the League increasing principal membership to 669. This is the di-rect result of a letter and contact campaign and a sign of a healthy organization. Another major initiative staff worked hard on, was automating and transitioning our major publications (monthly “Newsletter,” The Missouri Municipal Review magazine and membership Directory) to user-friendly electronic formats. This has resulted in a better overall product, reduced printing and mailing costs, is environmentally friendly, and allows any member city employee with computer access to receive these publica-tions at no extra cost to MML or the city.

The League is in the process of deploying an as-sociation management software system that will permit us to improve our processes of conference registration, accepting payments, directory updates, and creating customized information and management reports. The new software also provides access for members to update their city profile (including photos). This means continu-ous, accurate information will be reflected in the MML’s

Directory of Missouri Municipal Officials.Web sites should always be a work in progress and

your feedback regarding our recent upgrades has been very favorable. I would encourage you to “test drive” the new and improved site and let us know what works and what else we can do to improve it.

On the legislative front, your MML advocacy staff along with planned and emergency assistance from mem-ber municipalities was effective in mitigating or stopping numerous potentially damaging legislative proposals. We also were very successful in heading off attempts to shift costly unfunded mandates to Missouri municipalities. MML staff makes good use of the summer time by visiting key legislators in their districts to educate them on issues of importance to our member municipalities. League staff always tries to include a representation of local officials when we schedule these legislator meetings.

We are keenly aware that many members of our League family continue to battle or are recovering from a series of natural and man-made disasters including killer tornados, controlled and uncontrolled flooding, and severe storms. These events have and continue to claim the lives of Missouri citizens and have had a devastating impact on municipal budgets and revenues. Restoring and rebuilding affected communities to their “new nor-mal” will necessarily take time and test the mettle and leadership of municipal officials. From these challenges, however, comes the opportunity for us to stand in the gap between our hurting citizens and the public health, safety and quality of life municipal government provides. Winston Churchill’s words, from 71 years ago as England faced disaster and seemingly unstoppable might seem appropriate. If we “last for a thousand years, men will still say, ‘This was their finest hour.’”

Whether you are a member city, participating affili-ate or associate member, we want to thank you for your investment in the Missouri Municipal League. Our goal is to provide the advocacy, publications, educational op-portunities and inquiry services to help you be successful!

Working together, we can build (or rebuild) a bright future for all Missourians.

Dan Ross

director’s message . . .

Your future. Made easier.®3019237.G.S ©2011 ING North America Insurance Corporation. Products and services available through the ING family of companies. C11-0112-011 (02/11)

ING is the retirement plan provider endorsed by Missouri Municipal League.

How do you measure up? Visit www.INGCompareMe.com and http://www.ingretirementplans.com/mrodemoCHC


77th MML ANNUAL CONFERENCE

Join Us In Kansas City ...

T h e 7 7 t h M M L A n n u a l C o n f e r e n c e w i l l b e h e l d

September 11-14, 2011, at the Hyatt Regency, Crown C e n t e r i n K a n s a s C i t y . The Conference provides a fantastic opportunity to meet and discuss common issues and solutions with your counterparts from across the state. Numerous workshops and sessions will keep you abreast of the issues affecting your city. Topics this year inc lude : governance and civic engagement, building inspections, ethics, livable streets , ADA compliance, collective bargaining and much, much more.

The luncheon speaker on Tuesday will be Ted Ellis, mayor of Button, Indi-ana, and vice-president of the National League of Cities. On Tuesday, the Gen-eral Session/Business Meeting speakers will feature Ken Miller, founder of the Change and Innovation Agency, and Jack Mortimer, of Government Technol-ogy magazine.

ConferenCe regIstrAtIon And hoteL reservAtIons

A conference brochure including a registration form is included in this issue. You also may register online for the Conference or download the conference registration from the MML Web site at www.mocities.com. Hotel reservations may be made online (there is a link is on the MML Web site) or by calling 888-421-1442.

BusIness sessIons

A very important activity during the Conference is defining statewide municipal issues and developing practi-cal solutions through the resolutions/policy making process. It is important that each municipal official become involved in developing the “2011-2012

Missouri Municipal Policy,” so views can be heard from municipal officials throughout the state. Official voting on the municipal policy and election of officers and board of directors will occur during the business session at the Conference.

resoLutIons CoMMIttee

The 2011 Resolutions Commit-tee of the Missouri Municipal League will hold a pre-Conference meeting on August 11 to consider the recom-mendations of the four separate policy committees. The report of the Resolu-tions Committee will be made to the delegates at the business meeting dur-ing the Conference. Any municipal official desiring to have a specific topic considered should submit a proposed resolution to League headquarters as soon as possible. Any resolutions brought directly to the Annual Confer-ence must be submitted 24 hours before the Annual Business Meeting with copies (200) provided to the League’s president, the resolution’s chair, and the executive director.

The statements recommended by the Resolutions Committee and ap-proved by official vote of the League’s membership will become the statewide

municipal policy for 2011-2012. This policy will provide the guidelines for the legislative program of the League, and direct the activities of the League’s staff during the 2012 session of the General Assembly.

Mayor Kathleen Rose of Riverside has been appointed Chairman of the Resolutions Committee for 2011. Other mem-bers are: Mayor Dale Bagley of Macon, Alderman Donna Baringer of St. Louis, Mayor Da-vid Bower of Raytown, Mayor Conrad Bowers of Bridgeton, Alderman Shane Cohn of St. Louis, Councilmember Melodee Colbert-Kean of Joplin, Mayor

Harold Dielmann of Creve Coeur, Ex-ecutive Director Tim Fischesser of St. Louis County Muni League, Mayor J.T. Hardy of Sullivan, City Clerk Barbara Hogelin of Joplin, Alderman Leonard Jones of Grandview, Mayor Patrick Kelly of Brentwood, Mayor Robert Lowery of Florissant, Councilmember Jan Marcason of Kansas City, Mayor Robert McDavid of Columbia, Mayor Arthur McDonnell of Kirkwood, Councilmember Steve Moore of Ful-ton, Executive Director Jan Neitzert of Missouri Park and Recreation Assn., Councilmember Myron Paris of In-dependence, Mayor Frank Roland of Hillsboro, Alderman Joseph Runions of Grandview, Mayor Stanley Salva of Sugar Creek, Mayor Mike Schneider of Overland, Councilmember John Sharp of Kansas City, Councilmember Arthur Sharpe, Jr., of University City, Coun-cilmember Gary Shaw of Joplin, Mayor David Willson of Manchester, and Mayor Kevin Wood of Harrisonville.

ConferenCe hIghLIghts And entertAInMent

In addition to the regular educa-tional sessions, several special events are planned for conference delegates. Sunday, September 11, there will be a four-person scramble golf tournament


MML NOMINATING PROCEDURES

The governing body of the Missouri Municipal L e a g u e c o n s i s t s o f the Pres ident , Vice

Pres ident , a l l Pas t Pres idents who continue to hold elect ive office, 12 Board Members who are elected municipal off ic ials and five Board Members who are appointed municipal officials. The Bylaws require there be at least one Board Member from each of the nine Missouri Congressional Districts, and no municipality can be represented by more than one Board member (except officers and Past Presidents). Board Members are limited to not more than two consecutive full terms. Officers (President and Vice President) shall have served not less than one year on the Board.

At the Annual Conference, nominations for President, Vice President and Board Members are made by a Nominating Committee of not more than 11 municipal of-ficials appointed by the President. The Committee holds an open ses-sion to explain the nominating pro-cedures and to allow delegates to suggest names for nomination. The Committee then meets in executive session to prepare a slate of nomi-nees. At least 24 hours before the Business Meeting, the Committee posts the slate of nominees. Within ten hours of the Business Meeting, other nominations may be made by petition signed by at least ten municipal officials representing at least ten municipalities. The petition provision provides an open process within which interested municipal officials may challenge the Commit-tee’s nominees.

The Nominating Committee determines which members of the slate may be contested by the petition without jeopardy to the requirements of the Bylaws for the composition of the Board. The vote in any contested election is by writ-ten ballot, and each member city present has one vote.

noMInAtIng CoMMIttee

Mayor Gerry Welch (Chair)City of Webster Groves

4 E. Lockwood Ave.Webster Groves, MO 63119

Alderman Donna BaringerCity of St. Louis

1200 Market St., Rm 230St. Louis, MO 63103

Mayor Conrad BowersCity of Bridgeton

12355 Natural Bridge Rd.Bridgeton, MO 63044

Councilmember Melba CurlsCity of Kansas City

414 E. 12th

Kansas City, MO 64106

Councilmember Steve MooreCity of Fulton

18 E. 4th St.Fulton, MO 65251

Mayor Don ReimalCity of Independence

111 E. MapleIndependence, MO 64050

Mayor Randy RhoadesCity of Lee’s Summit

220 SE GreenLee’s Summit, MO 64063

Mayor Kevin WoodCity of Harrisonville

300 E. PearlHarrisonville, MO 64701

The Board of Directors and membership have adopted an open and accessible nominating proce-dure. Municipal officials are encour-aged to communicate suggestions to the Nominating Committee directly or through League headquarters. The Committee Members solicit input at the Annual Conference (where they are easily identified by ribbons) and at the open meeting of the Commit-tee. Your MML nominating process is open and easy, but it is up to you to use it.

held at Adams Pointe Golf Course, Blue Springs, Mo.; shotgun start at 10:30 a.m. Also on Sunday, 1:00 – 4:00 p.m., MML will have a Pre-Conference Workshop. Ron Holifield, CEO of SGR, the nation’s largest private sector train-ing company, will present on “Effective Leadership for Elected Officials … Ac-complishing Your Personal Policy Goals in a Team Environment.” On Sunday evening from 6 p.m. until 7:30 p.m., there will be a Grand Opening Recep-tion in the Exhibit Hall that will provide an opportunity to meet the Missouri Municipal League’s board and staff, as well as visit the numerous vendors exhibiting at this year’s Conference. The Exhibit Hall will feature more than 120 firms, offering the latest products and services tailored to municipal needs. The Monday evening event “Feel The Power,” is sponsored by area firms at Kansas City’s Power and Light District; a celebration of Kansas City food, music and entertainment. The featured enter-tainment at this year’s Annual Banquet on Tuesday evening will be “The New Odyssey Show Band.”

AffILIAte group funCtIons

As they have for many years, the League’s affiliate groups have sched-uled meetings and sponsored sessions in conjunction with the Annual Confer-ence.

The City Clerks and Finance Officers Association (CCFOA) has scheduled its Advanced Academy ses-sion from 9 a.m. to 4:00 p.m., Sunday, September 11, “Ethics – Contemporary Issues in Public Administration.” This session is open to all delegates as a pre-Conference seminar as well as to members of the CCFOA. For further information and registration forms for the Advanced Academy, please contact the Management Development Institute at MSU (417-836-5667). CCFOA also is sponsoring a session for all delegates: “Things Your City Attorney Tried To Tell You” at 9:00 a.m., on Monday, September 12.

The Missouri Park and Recre-ation Association (MPRA) is sponsor-ing a session on Monday, September 12, at 9:00 a.m. on “Show Me The Trails! The Missouri Trails Alliance.”

The Government Finance Officers Association (GFOA) has scheduled a session on “Coping With Financial Distress” at 2:30 p.m., on Monday, September 12.


I n i t s recent dec i s ion i n A r b o r I n v e s t m e n t Company, LLC v. City of Hermann , the Missouri

Supreme Court held that cities can increase rates for municipal utilities and services without a vote of the people pursuant to the Hancock Amendment. This decision preserves critical flexibility in municipal fiscal management and precludes class action litigation which otherwise would have devastated many cities.

The city of Hermann, Mis-souri, is a community of approxi-mately 3,000 residents that is well known for being a tourist destination. The city provides full-service utili-ties to residents and businesses. The City acquired the electric utility by purchase from a private entity in the 1950s. The city acquired natural gas pipeline service in the 1960s. The City also provides sewer, water and trash collection services.

Around 2003, the city of Hermann was faced with serious budget issues relating to gas and electricity costs and service. The City’s favorable source contracts for gas and electricity were expiring and the City was required to acquire new sources at much higher rates. In some instances, the City was charging less to its customers at a retail rate than the wholesale cost to purchase gas and electricity. The City increased rates, which caused a few citizens to complain and eventually request a state audit. The state auditor audited the City’s finances and raised a question as to whether the City’s utility rates could be raised without a vote of the people. Thereafter, Arbor Investment and sev-eral residents filed a lawsuit against the city of Hermann alleging that the rates the City charged to its customers for electricity, water, sewer, and natural gas and refuse collection violated the Hancock Amendment, Article X, Sec-tion 22 of the Missouri Constitution, that was adopted in 1980. The case was

certified as a class action. The City filed a Motion for Summary Judgment and the plaintiffs’ filed a counter-motion for Partial Summary Judgment.

The City defended on the grounds that its utility charges are fees and not taxes and, therefore; are not subject to the Hancock Amendment.

The Circuit Court of Gasconade County entered summary judgment in favor of the City. The trial court exam-ined the case under the standards set out in Keller v. Marion County Ambulance District, 820 S.W.2d 301 (Mo. Banc 1991). The circuit court found the following to be uncontroverted facts:

The fees for the utility services are charged only after the services are provided.

Only individuals and entities who use each of the services pay the fees.

The amount of fees to be paid is affected by the level of goods or services provided to the customer.

The City is providing a service or goods.

Some of the utility services have been historically and exclusively pro-vided by the City, but some have not.

The circuit court found that be-cause the first four factors favored the City under the five-step Keller analysis and the fifth factor regarding historical and exclusive provision of service was inconclusive, the fees were not subject

to the Hancock Amendment. Ac-cordingly, the court granted sum-mary judgment in favor of the City.

The case was appealed to the Eastern District Court of Appeals. In its opinion, the Eastern District disagreed with the trial court on the third and fourth factors, and ordered the case remanded to the circuit court for further determi-nation as to whether the amount of fees to be paid was affected by the level of goods or services, and whether the City was providing a service or good. The Supreme Court of Missouri then ordered the

case transferred to it for further argu-ment and briefing.

On May 31, 2011, the Supreme Court of Missouri entered a unanimous decision affirming the trial court’s grant of summary judgment. The Supreme Court found that the first four of the Keller factors favored a finding that the utility service charges are fees for services and not taxes.

Despite the reliance of cities and courts on the Keller test since 1991, the plaintiff’s asked the Supreme Court to reject the five Keller factors as a relevant test. They argued that the utility service charges are taxes within the meaning of the Hancock Amendment because the city of Hermann was the sole provider of these utilities. The Attorney General and the State Auditor also advocated discarding the Keller analysis in favor of a new cost-recovery test.

The Supreme Court engaged in an exhaustive review of Hancock Amend-ment jurisprudence and concluded that while the Keller factors do not exclude consideration of other relevant infor-mation, they do provide a valuable aid in distinguishing a user fee from a hidden tax.

The Court also approved the gross receipt surcharge that the City’s general fund applied against each of the utility services. The Court pointed out that the utilities themselves were paying

HERMANN’S MUNICIPAL UTILITY RATE INCREASES DID NOT REQUIRE PRIOR VOTER

APPROVALby Kenneth J. Heinz


the charge on gross receipts, not the utility customers.

Be maintaining the Keller analy-sis, the Supreme Court has left cities with a fairly predictable set of crite-ria on which to base decisions as to whether voter approval is required to increase revenues. Moreover, by rejecting efforts to establish a new test, the Court protected cities from being embroiled in never-ending, expensive debates over the costs of providing various municipal services. And by confirming that municipal utility and service rates can be increased within reasonable limits without public vote, the Court preserved the ability of cities to continue to offer such services, meet expenses and avoid crippling class ac-tion claims. The city of Hermann and its residents and businesses can still turn on their lights, their HVAC, and their water faucets, and welcome the rest of us when we come to visit.

Kennith J. Heinz and his firm, Curtis HeinzGarrettandO’Keefe,P.C.,representedthecityofHermann, togetherwithCityAttorneyDavidPolitte.Similar claimsarependingagainstSa-lemandMarceline and other cities have beenthreatened.


T h e F a i r L a b o r Standards Act ( F L S A ) i s a federal law that

was originally enacted by Congress in 1938 and has been amended several times since. It was established to guarantee employees certain minimum wages as well as payment for any hours worked over the maximum number of hours set for their work period (overtime). Pursuant to the FLSA, overtime payments are set at time and one half of the employee’s regular pay.

Many employees and employers prefer paid time off (compensatory or “comp” time) rather than actual pay-ment for overtime. Under the FLSA, employees may receive comp time in lieu of overtime pay for hours worked in excess of the maximum set for their work period. See 29 U.S.C. §207(o). Em-ployers need to have a written program in place if they want to offer comp time off in lieu of overtime. Some common questions arise regarding the accrual and use of comp time in lieu of over-time. This article attempts to answer some of those questions.

Who Is eLIgIBLe for CoMp tIMe?Not all public employees are cov-

ered by the FLSA. Employees who are “nonexempt” from the FLSA overtime standards are eligible for comp time. Basically, if they are eligible for over-time pursuant to the FLSA, then they are eligible for comp time. Employees who are not considered to be employees under the FLSA include: elected of-ficials, personal staff members, policy making appointees, immediate legal advisers not covered by personnel rules, independent contractors, prisoners and trainees.

While the FLSA specifies which employees are entitled to overtime or comp time in lieu of overtime, it is important to point out that employers are free to provide overtime and or comp time to any employee regardless of whether they are nonexempt under the FLSA.

CAn A MunICIpALIty requIre eMpLoyees to tAke CoMp tIMe rAther thAn Be pAId for overtIMe?

If a municipality currently utilizes only overtime and would like to start providing for comp time in lieu of over-time it is permitted to do so as long as it is agreed to by employees who were hired after April 15, 1986. See 29 U.S.C. §207(o)(2). However, no agreement is necessary for employees hired prior to April 15, 1986, if the employer had a

regular practice of granting comp time in effect on that date.

An agreement or understand-ing with employees may be estab-lished by notifying the employees of the municipality’s comp time practice. See 29 C.F.R. §553.23. The agreement must be reached before the performance of work by em-ployees. See 29 C.F.R. §553.23(a). An agreement will be presumed to exist if the employee does not object after receiving notice. If an employee does object, an employer cannot require that the employee utilize comp time rather than be paid for overtime.

At WhAt rAte does CoMp tIMe ACCrue?

Generally, comp time is accrued at a rate of not less than one and one-half hours for each hour the employee is authorized to work in excess of the maximum set for their work period. See 29 C.F.R. §553.20. For example, if an employee who is covered by FLSA for a maximum 40 hour work week works 60 hours during a particular work week, he or she would receive 30 hours comp time off rather than 20 hours of over-

NAVIGATING COMP TIMEby Lori Lein

fabric structures

Sustainable design-build solutions

for sand & salt storage, solid waste

& composting facilities, water

treatment facilities & more!

Call one of our ClearSpan specialists at 1.866.643.1010 or visit us at www.ClearSpan.com/ADMMR.

Buildings available up to

300' wide. Low in cost per

square foot.Natural daytime

lighting.Easy to relocate.

Expandable.

Missouri Municipal Review 2 1 5/11/11 12:24:59 PM


time pay. Another way of stating the answer is: 60 hours actually worked - 40 hour work week = 20 hours of overtime x 1.5 = 30 hours of comp time.

The accrual of comp time is lim-ited. The maximum accrual for city employees in public safety, emergency response, or seasonal activity is 480 hours (320) hours of actual overtime worked) and 240 hours (160 hours of actual overtime work) for employees engaged in other types of work. See 29 U.S.C. §207(o)(3)(a). If additional over-time hours are accrued, the employee must be paid overtime compensation at the regular rated earned by the em-ployee at the time the employee receives the payment.

hoW shouLd CoMp tIMe Be requested?

Requests to accrue comp time must be made by the employee before the work is performed. It should be in writing and made freely and without pressure or suggestion from the em-ployer. This should be made part of the employer’s policies and procedures.

As far as requesting the use of al-ready accrued comp time, normally an employee must be permitted to use any accrued comp time within a reasonable period of time after making the request for time off so long as the time off does

not unduly disrupt municipal opera-tions. A simple inconvenience cannot serve as a reason for denying a timely request for use of comp time. However, a municipality can have reasonable policies and procedures in place for the use of comp time that take into ac-count the day-to-day operational and manpower needs of the municipality.

WhAt hAppens to CoMp tIMe upon terMInAtIon (voLuntAry or otherWIse)?

If an employee has accumulated unused FLSA comp time at the time of termination of employment, the em-ployer must cash out the accrued comp time at the rate of the employee’s regu-lar pay rate upon termination or the employee’s average pay rate for the last three years of employment, whichever is higher. See 29 U.S.C. §207(o)(4). If an employee has had a break in employ-ment, the employer need only use the rate of pay during the current period of employment.

Even where a comp time agree-ment has been formulated, the em-ployer may freely substitute cash, in whole or in part, in lieu of comp time. This decision will not affect future granting of comp time pursuant to the agreement.

ConCLusIon

The use of comp time in lieu of overtime provides employers with flexibility to allow employees to take time off for overtime hours worked rather than come up with the cash for overtime pay. Municipalities should be careful not to use comp time as a means to avoid the requirement to pay over-time. Employers should never attempt to pressure employees to accept more comp time than they can realistically expect to grant within a reasonable period.

Hopefully, this article provides some basic information to municipali-ties to help clear up any misunderstand-ings over how to administer comp time in lieu of overtime payments; par-ticularly with regard to how hours are earned and under what circumstances time off can be given. Please keep in mind that this article is not intended as a complete overview of the Fair Labor Standards Act but is, rather, an attempt to summarize issues that arise when utilizing comp time.

This article is a reprint fromCurrent Municipal Problems,No.4,Vol.36,2010.Thearticlewasreprinted with permission from the February2010 issueofAlabama Municipal Journal,pub-lishedbytheAlabamaLeagueofMunicipalities.

Since 1895. Member SIPC and NYSE.12/10 CM-10-1145 piperjaffray.com

Choose a Guide Who Knows Missouri Municipal Finance

With our expertise in Missouri municipal finance, you can count on Piper Jaffray to understand your needs and provide the best financing solutions available. Whether your journey involves a new capital improvement or refinancing an existing bond issue, we know the surest routes available.

For your next financing journey, choose an experienced Piper Jaffray guide:

Kansas City PubliC FinanCe investMent banKing800 829-5377

Jack Dillingham Todd Goffoy Dennis [email protected] [email protected] [email protected]

st. louis PubliC FinanCe investMent banKing800 754-2089

Michelle [email protected]


T hink about the last time you considered taking a w a l k o r b i k i n g t o work. Did you decide

against it because of a lack of sidewalk s p a c e , u n e v e n pavement, busy i n t e r s e c t i o n s , or the dangers o f b r a v i n g n e i g h b o r h o o d traffic?

D i d t h a t dec is ion cause you to miss out on valuable op-portunities to get healthful exer-cise?

If you can answer “yes” to these questions, you’ll be glad to know there are movements afoot to increase street sa fe ty and en-courage people to walk, bike and i n t e r a c t m o r e with their neigh-borhoods. And, according to a new report there are several Mis-souri communi-ties leading the way.

CurB AppeAL

In the spring of 2011, the Wash-ington, D.C.-based National Complete Streets Coalition published a report highlighting U.S. towns, cities and states that have passed policies to heed the needs of everyone using their roadways – cars, trucks, public transit, bikers, skaters and walkers. “Complete Streets Policy Analysis 2010: A Story of Growing Strength” showed that most states are seeing the importance of improving their streetscapes, and their communities are drafting policies to

that effect. In fact, Missouri had two entries

on the report’s list of the 15 strongest policies in the nation – Crystal City and Herculaneum, both of which are in Jef-

ferson County, just south of St. Louis. (Minnesota was the only other state with two policies in the top 15.) And a number of other Missouri communities have mounted Complete Streets efforts of their own.

A Complete Streets policy is a relatively simple idea. It’s a formalized plan to design and maintain roadways so they are safe for users of all ages and abilities, whether they’re on foot or on wheels. It helps transportation planners and engineers consistently design and construct streetscapes that

allow those users to peacefully coexist. The motivation is generally twofold – to keep residents safer, and give them opportunities to improve their health through exercise.

“ C o m p l e t e S t r e e t s p o l i c y i s about shifting the way decision mak-e r s t h i n k o f t h e transportation net-work and the public domain,” said Phil Valko, active living program manager for Trailnet, a St. Louis-based non-profit that encour-

ages healthy living. “Nearly 20 percent

of our land area is made up of road-ways. And as we’ve been doing for de-cades, we mostly use them for cars. We focus much of our in-vestment and infra-structure on accom-modating vehicles. Complete Streets are about sharing the road and creating safe environments for kids walking to school … individuals who don’t drive … people who want to bike to work.”

And these improvements have important ripple effects, according to Valko. Students who can walk safely to class improve their cardiovascular health and fight obesity. People who walk and bike more help keep danger-ous pollutants out of the air. And mak-ing the streets safer for pedestrians and cyclists means fewer vehicle-related injuries and deaths.

WALkIng the WALk

Missouri Foundation for Health (MFH), a St. Louis-based philanthropic

STREET SMARTSMissouri Communities Develop Intelligent Roadways That Get People Moving

by Julia M. Johnson

Above: Pictured is an exsisting streetscape. Below: A rendering of the same streetscape with a Complete Street design. Photos courtesy of Trailnet Inc.


organization that makes grants to health-focused nonprofits, has funded several communities doing Complete Streets work in the state. Some of them, such as Festus and Ferguson, are mentioned in the recent Complete Streets report along with Crystal City and Herculaneum. Other communities, such as St. Louis City, Jefferson City, Cape Girardeau, DeSoto, Columbia, Pevely and Ozark, also are making important strides.

To date, MFH has made $20 mil-lion in grants to cities and nonprofits under its Healthy & Active Com-munities (H&AC) funding program. Many of these grantees and other Missouri communities are designing and implementing streetscapes with a number of significant improvements. They include walking and cycling paths; leveling of sidewalks; extended curbs; road restriping that allows for center turn lanes and bike lanes; recon-figured crosswalks; clearer signage for crosswalks, intersections and pedes-trian areas; and redesigned lanes that cause drivers to slow down.

Some cities have the budgets to widen roads and build sidewalks and trails, but Valko advises that Complete Streets projects don’t have to cost an arm and a leg to have an impact. Even in times when funding is tight, communities can make small, inexpensive changes that will keep residents safer and encourage them to walk and bike. “You can add signage that cautions drivers to look out for pedestrians, or you can add better

markings to crosswalks,” Valko said. “These projects don’t require millions of dollars or major construction.”

one CIty At A tIMe

Rosalind Williams, director of planning and development for the St. Louis suburb of Ferguson, said her community was moved to implement Complete Streets following an unfor-tunate tragedy. “About 10 years ago, a 10-year old boy serving as a crossing guard was killed crossing the street,” said Williams, whose office received a $294,950 H&AC grant from MFH to improve conditions there. “Complete Streets have been desired here for a long time. We are working on a Safe Routes to School project for local kids: bike lanes, extended curbs, better road markings, and ‘sharrows’ – or ‘Share the Road arrows’ – in the downtown area.” Her office also is currently working with Trailnet on a walkable/bikeable study that will highlight needed im-provements to its cycling and pedes-trian paths.

Melissa Brown, chronic disease prevention coordinator for the Arnold office of the Jefferson County Health Department, has been closely involved in efforts to bring Complete Streets concepts to Festus and Crystal City. “In the fall of 2010, we began working with the Missouri Livable Streets project out of the University of Missouri Exten-sion,” she said. “We put on Complete Streets and livable streets training, and invited city officials, planners, the street department, local advocates and others

to it. As roads are repaired, that’s when cities can consider putting improved infrastructure in place.

“A reality in Jefferson County is that most adults have to leave the coun-ty to go to work,” Brown said. “We’re trying to show that even if biking to the office isn’t possible, there are other op-portunities to exercise – cycling to the library, or to local community events. Active transportation like walking and biking is an important fix for the sed-entary lifestyle that increases risk for obesity and related chronic illness, such as heart disease and diabetes.” Brown’s office, which received a $159,661 H&AC grant from MFH, is working on a num-ber of efforts including community education, bike racks, “Share the Road” signs, and maps that show bikers how to get from place to place.

Frank Fick, director of the Wash-ington County Health Department in Potosi, said the main challenges his region has faced are a lack of sidewalk connectivity, few exercise opportuni-ties, and resident safety. His office, which received a $296,313 H&AC grant from MFH, is taking concrete steps to reverse that problem. “People won’t walk if they have to do it in the street,” Fick said. The health department is working to add and improve sidewalks that will connect people safely to im-portant services and facilities – schools, residential neighborhoods, downtown areas, produce markets, senior centers, exercise areas, even a new skate park for kids.

“One of the greatest benefits is that this will bring up the issue of obe-sity prevention,” Fick said. “As our projects go forward, there will be stories in the paper and on the radio. It will give us a better forum to talk about why we haven’t been exercising, and why it’s so important to our health.”

Some of the advantages of Com-plete Streets are immediate, and others show up farther down the road, accord-ing to Brown. “These policies save fuel costs, and they encourage residents to spend more money locally because they’re out walking and are more con-nected to downtown areas,” she said. “That’s always good for the economy. There are so many different benefits. There’s something in Complete Streets to appeal to almost everyone.”

Julia M. Johnson is communications/mediaspecialistfortheMissouriFoundationforHealthin St. Louis. For more information, visit www.mffh.org.

In these times, good advice is not good You need best advice.

Five Complementary Practice Groups:

• Public Finance • Housing & Economic Development• Investment Services • Operational Finance

• Organizational Management/Human Resources

Public Sector Advisorswww.springsted.com

800.236.3033651.223.3000


Ev e r y o n e w a n t s a Graffiti-Free City. Follow

these 10 steps and that is exactly what you will get. Each of these steps is important and each needs to be taken to the max – full throttle. Otherwise … you are just going through the motions. Do them all and do them well and you will be successful. Good luck!

10. CooperAtIon WIth other AgenCIes

Property with graf-fiti is owned and is the responsibility of many agencies in-cluding the city, the state, the federal government, transportation agencies, utility companies, etc. It is critical that these groups not only meet regularly to discuss mutual issues related to graf-fiti, but they also cooperate and assist each other when necessary. Most of the time, members of the public don’t know (or care) who has the responsibility of removing graffiti … they just want it gone as soon as possible. The damage that occurs when these groups take the stand that “it is not our property so it is not our problem” is difficult to repair.

9. gettIng the Word out

Outreach is necessary for a suc-cessful “Anti-Graffiti” program. The public needs to know how to report graffiti and how to volunteer to eradi-cate it. Also, the vandals need to get the message that graffiti is not tolerated in their city. Successful anti-graffiti programs use a variety of tools to ac-

complish public outreach. One is the use of billboards. Another outreach tool is ads that are placed on taxicabs. This allows a mobile message to be spread over your city. Cable TV ads offer free or affordable spots for anti-graffiti mes-sages. Getting the word out through the schools and community meetings is also very effective.

8. ALternAtIves to grAffItI

The majority of graffiti or “tag-ging” is committed by male youths between the ages of 12 and 18. One piece of a successful anti-graffiti program is to offer alternatives to tagging. The use of murals is a fairly successful alternative. Public murals can beautify a city and are usually not destroyed by graffiti van-dals. Schools and parks and recreation programs can reach out to the youth at risk to identify kids who tag and offer art programs and education about the risk of tagging (i.e., injury, jail, cost to their parents). Gang activity accounts

for varying degrees of graf-fiti so every effort should be made to provide anti-gang alternatives.

7. strong AntI-grAffItI ordInAnCe

Every city should have a strong anti-graffiti ordi-nance that requires property owners to remove graffiti on their property within 48 hours of its occurrence. The property owners would be in violation of the ordinance if they did not remove the graffiti within 48 hours and subject to a fine. Prior to is-suing a fine, the city should issue a warning letter to the

owner in violation that explains the ordinance and gives them a short (10 days) time period to comply. The city should also offer a free one-time graf-fiti removal service to the owner and leave them extra paint as a gesture of support prior to issuing fines for future violations.

6. proACtIve grAffItI ABAteMent

The most effective way to remove graffiti is to do it proactively. Proactive abatement is simple: see it … clean it. Provide proactive abatement where the graffiti can be seen by the most people. All graffiti seen from highways, ex-pressways and busy city streets should be targeted. Another targeted area should be neighborhoods where there is a chronic graffiti problem. It is impor-tant to clean these locations frequently (once a week will drastically reduce the amount of future graffiti); plan on staying at these sites for the long haul. When the graffiti has been virtually

10 STEPS TO A GRAFFITI-FREE CITYby Rick Stanton

Specializing in Trenchless Sewer Rehabilitation and Renewal “Breaking New Ground Without Breaking Any Ground”

WALDEN ASSOCIATED TECHNOLOGIES, INC.PO Box 845Glen Carbon, IL 62034800.495.6036314.421.0133Fax 618.397.0098

7895 St. Clair Ave.E. St. Louis, IL 62203618.397.9840www.waldntech.com• Industrial and Municipal Services

•Vacuum Services

•Sewer and Pipe Cleaning

• Sewer and Pipe Inspection

•Sewer and Pipe Chemical Grouting • Tank Cleaning

•Performance Liner-Sectional Pipe Repairs • Poly-Triplex ®•T-Liner Mainline to Lateral Pipe Repairs

• CIPP Pipelining

• Manhole and Catchbasin Rehabilitation


eliminated, expand into another area but don’t leave the original location or other graffiti will return immediately.

5. poLICe offICers dedICAted to grAffItI CAses

When police departments rely on all of their officers to catch graffiti vandals, what typically happens is that very few actually step forward and ag-gressively pursue a graffiti case. Most officers are either too busy or are not motivated to work on “lower level” crimes such as graffiti vandalism. This results in a significantly lower number of citations issued and arrests for graf-fiti related offenses than if the city had full-time officers dedicated to build-ing graffiti cases. These officers will infiltrate the graffiti networks in their cities and catch the leaders of the tag-ging crews. This is a huge step toward graffiti prevention.

4. JuvenILe JustICe systeM thAt treAts grAffItI vIoLAtIons serIousLy

Studies have shown that the “fear of getting caught” is the single big-gest answer that graffiti vandals state when asked, “What would get you to stop tagging”? Dedicated police of-ficers who focus on graffiti crimes will

increase the number of vandals who are cited or arrested. However, if no serious consequences are given to all those convicted of graffiti vandalism, there will be no “fear of getting caught.” The consequences also need to signifi-cantly increase for subsequent graffiti vandalism offenses. The vandals are not helped when they walk away with a warning or a minor sentence. This will not be enough to get them to stop tagging. In order to help them stop this destructive behavior, they need to know that they will be held accountable by sentences such as: incarceration, com-munity service, restitution, etc.

3. teLephone hotLIne to report grAffItI

Many residents are happy to volunteer to remove graffiti in their neighborhoods. There are also many situations, however, when the graffiti needs to be abated by city staff. The city should have a Graffiti Reporting Hotline for people to call at any time. They can leave information about graf-fiti on a recorder. City staff will take this information off of the recorder and then go and clean off the graffiti. In or-der for the Hotline system to work, the abatement needs to occur quickly (24 to 48 hours). If the city takes too long to

GovernmentFinance OfficersAssociation of Missouri

Pursuing excellence in government finance through training, education, networking and leadership. Recognizing excellence in government finance through awards programs for budgeting, financial reporting, and outstanding financial management.

Visit us at booth 126. For more information www.gfoa-mo.org or personal contact: Patricia Grubb, President, St. Louis Chapter 314-355-0400 [email protected] Shirley Moses, President, Kansas City Chapter 816-316-4830 [email protected] Julie Ruscha, President, Southwestern Chapter 417-498-6725 [email protected] Don Yucuis, 2nd State Vice President 314-290-8445 [email protected] Joan Jadali, 1st State Vice President 314-963-5323 [email protected] Cynthia Freeman, State President 816-892-3025 [email protected]

remove the graffiti, the residents will lose confidence in the city workers and stop calling.

2. voLunteers And free suppLIes

Volunteers are a key ingredient for a successful anti-graffiti program. When provided with free supplies (i.e., rubber gloves, solvent, paint, brushes, rollers), volunteers become the hands and eyes that every city needs to combat graffiti. Volunteers take care of graffiti in their neighborhoods and report graffiti to the “Hotline” when they see it outside of their neighborhood. It is important to recognize and honor the volunteers to keep them motivated and going strong. The work of the volunteers, combined with city eradication staff is a winning combination in reducing graffiti.

1. roLes of the CIty MAnAger, MAyor And CounCIL

A successful anti-graffiti program always starts at the highest level of city government. The city manager, mayor and city council are the driving force to combat graffiti. They must take a stand and agree that graffiti is not to be tol-erated in their city. Most importantly, they need to provide the resources to accomplish their anti-graffiti goals. After providing the necessary tools and funding for anti-graffiti efforts, city officials must monitor the goals of the program and hold the staff accountable for reaching those goals.

It can and does take time to design and master each of these steps so that they begin to have the desired affect – drastically reducing graffiti. Also remember that it takes all 10 to really make a difference. You cannot have four of these working really well and not have the other six at all or having them running at a minimum level. You will also see that money is not a major issue in many of these steps. However, it does take strong leadership to continue to push this anti-graffiti agenda through because some of these steps can take a long time to put into place.

Finally, don’t be afraid to ask for help from trusted sources who have had experience in helping cities reduce their graffiti.

Good luck and get busy!

Rick Stanton’s expertise is in helping citiesdrasticallyreducetheirgraffitiinhisroleasowneroftheGraffitiConsultants.YoucancontactRickStantonformoreinformationat408-206-4259orrickforre@sbcglobal.net.


Mo d e r n s o c i e t y r e l i e s o n records to

function. A person is born; a record is generated. That person goes to school; more records are generated. You get a job; records are generated. When you die; records are genera ted . Records are ubiquitous: visit a doctor, apply for a permit/license, get married, buy property, pay taxes, go to court, vote—records are generated. Just imagine if you could not prove your identity or that you own your car/house/property or that you attended school or paid your taxes—chaos would ensue. If this occurred on a large scale, society would grind to a halt. The seriousness of good record keeping is not well understood by the citizenry and many public officials, until it becomes an issue. The cost of maintaining this order is enormous; one study found that 58 percent of government and education workers spend half of each working day filing, deleting or sorting (i.e., managing) paper and electronic records at an estimated cost of over $30 billion annually.1 It should be readily apparent that creating and following a good records management policy is essential to the efficient administration of any municipality. Inefficiencies lead to wasted work time and work space (i.e., wasted money) and hinder public access to records. Adopting and following records management policy for your municipality provides the framework for successfully managing public records and mitigating possible legal challenges.

In Missouri, public records are governed under two statutes—RSMo 109 and RSMo 610. “The State and Lo-cal Records Law”—Revised Statutes of the State of Missouri (RSMo) Chapter 109.200-109.310—established the Mis-souri State Archives and State Records Management (1965), within the Office of the Secretary of State, to manage the official records of the State of Missouri. In 1972, RSMo 109.255 authorized the

creation of the Local Records Board, to judge what local records should be retained, preserved or destroyed, and to provide records management guid-ance to local officials. This law forms the basis for the management of all public records in the state of Missouri. RSMo 610 “Governmental Bodies and Records,” more commonly referred to as the “Sunshine Law,” deals with public access to records.

The Local Records Reten-tion Schedules, RSMo 109 and RSMo 610 provide valuable information for establishing a records management policy for your office. The retention schedules provide the mini-mum retention for the records, RSMo 109 outlines the statu-tory obligations associated with public records, and RSMo 610, the Sunshine Law, deals with public access to information.

It is important that each office adopt a records manage-ment policy and follow it as a regular part of business. Man-aging your municipal records is just as important as any other

duty. These records document actions and policies, not just for today, but for future stakeholders. It is not “extra” work. It is part of the job.

To this end, an office should have written guidelines. If none currently exist, guidelines should be formulated and everyone associated with generat-ing and accessing records should be familiar with them.

The records management policy

WaterWastewaterStormwaterHighwaysStreetsRoadsBridgesBridgesStructuralHealth CareMechanicalElectricalPlumbingFire Protection

CREATING A RECORDS MANAGEMENT POLICYBy John Korasick


will outline the official policy of the city. It should:• State the purpose of the policy –

i.e., provide all employees with the information necessary to carry out their duties regarding public records.

• State the scope of the policy – every official and employee is responsible for properly managing records that they come across in the course of their duties, regard-less of format (paper or electronic).

• State the policy for managing records and complying with the open records law.

• Cite the authority – RSMo 109, RSMo 610 and the appropriate Lo-cal Records Retention Schedules.

• Define any specialized terminol-ogy used in the policy.

• Outline the procedures for manag-ing the records:

• Establish a procedure for removal and retrieval of records from office storage space to long term stor-age. Long term storage should be environmentally appropriate to media format.

• Detail when/how records will be destroyed. It is recommended

that records be reviewed for destruction at least annually. Specify how/where you record what records are destroyed, and the method of destruction. You must create a permanent list of the records you destroy; this should include – record series, dates of records, date destroyed, and reten-tion schedule reference.

• Outline procedure for dealing with public record requests. Much of this can be found on the Mis-souri Attorney General’s Web site (http://ago.mo.gov/Open-Government.htm)

• Identify the city records manager, or responsible position, and, if necessary, authorize the appoint-ment of department/division record coordinators who will have responsibility for enforcing this policy within their respective areas.

• Detail the consequences for viola-tion of the policy.In addition to, or as a part of, the

Records Management Policy, you may wish to standardize how records are filed by the office staff.

Adopting, implementing and

Phone 800.728.7805 HRGreen.com

16020 Swingley Ridge RoadSuite 120

St. Louis, MO 63017

design + construct + own + operate

At HR Green, we tackle every

technical challenge from a

business perspective, delivering

viability, sustainability and success

to our clients.

following these guidelines will make managing records easier, especially in the years to come, and will provide protection from legal challenge. If it can be demonstrated that records were destroyed properly, during the normal course of business, excepting, of course, records subject to pending litigation, there is no conflict with the Sunshine Law. You have done your job.

John Korasick, PhD, CA is an administrativearchivistwith the MissouriOfficeof theSecre-taryofState,LocalRecordsPrograminJeffersonCityandhecanbereachedat573-751-1819.

Resources:• Local Records Retention Schedules:

http://www.sos.mo.gov/archives/localrecs/schedules/

• Missouri Local Government Records Management Guidelines: http://www.sos.mo.gov/records/recmg-mt/MoLocGovRecMgmtGuides.pdf

• RSMo 109: http://www.moga.mo.gov/STATUTES/C109.HTM

• RSMo 610: http://www.moga.mo.gov/STATUTES/C610.HTM

Endnote1 “Easing Government Information Overload” Government Technology, February 23, 2009. http://www.govtech.com/gt/articles/621330 (ac-cessed May 12, 2011)


O ne of the first t h i n g s t o be cut from a n e n t i t y ’ s

budget when times are lean is training. In some cases this is a necessity, while in others it is a response that has not been thoroughly examined and considered. Training i s the l eas t unders tood , m o s t u n d e r v a l u e d a n d underestimated investment in any organization.

Let’s begin with a fairy tale.

Wonderland is a small community with a variety of residents. The mayor is the local insur-ance broker and the council is made up of a banker, lawyer, restaurateur, doctor, homeowner, and a schoolteacher. All have been elected for their second term in office.

The administrative staff consists of the city administrator, city clerk, treasurer, building inspector/code enforcement officer, public works director, police chief and parks director. Everyone except the administra-tor has been through at least three or more elections and is fairly “seasoned” with the changing of the “guard.”

The city administrator was hired within the last six months due to the res-ignation of the prior administrator. Con-troversy surrounded the resignation which primarily arose from the audit report pre-sented by the new auditors and significant budget overruns and the lack of internal controls. These overruns had grown over the years and training was the first thing to go six years ago when the recession started.

The current city administrator is now faced with the following issues: $20 million in outstanding debt and loan obligations and $2.75 million in annual debt service and loan payments for a city whose total revenues in all funds are projected to be less than $7 million and the operating budget is exceeding $5 million.

The councilman lawyer is concerned about the lack of revenues and is question-ing internal controls and the possibility of fraud which has put everyone on the defensive.

The auditors have issued a qualified audit report due to the lack of segregation of duties, lack of oversight of management, non-compliance with Generally Accepted Accounting Principles-(GAAP), the Gov-ernmental Accounting Standards Board-(GASB), and the overall state of the city’s records. This report resulted in the prior city administrator’s resignation.

The treasurer is defensive and talking lawsuit for slander because the prior auditor of 10 years found nothing wrong with the way the records were kept.

The attorney general has made an inquiry about an information request made to the building inspector that was never completed because the records didn’t exist from four years ago.

The public works director is sullen because council is questioning the wisdom of hiring a contractor to put in the new sani-tary lift-station because of budget over-runs and the volume of change orders.

The city clerk is threatening to “go off” on the next person who asks a question about the rental of the park house.

The Special District is not able to make its debt service payment and is ask-ing for financial support from the city to make the payment, so they don’t have a public event. The new auditor considers the district a component unit due to the administrative agreements with the city but the city has no financial records or information for the district.

The city has three pending lawsuits for police conduct and the outcomes are tenuous.

The park’s director is dat-ing the councilmen schoolteach-er who is the council liaison to the park board. The park board just voted to give a significant raise to the director.

The former mayor and former administrator are threat-ening to get the state auditor to do an audit.

The city administrator has just found out his wife is pregnant with twins.

Now what is about to happen here? While we’re

sure you are laughing at this mess, can anyone say they don’t know of any community that has not had at least one of these things happen at some point in time?

Training gives employees a sense of belonging, more enthusiasm and motivation, and higher job satisfac-tion when they feel that their personal growth and output is believed in. It lowers employee turnover, but it also attracts better applicants when the cul-ture and environment fosters personal growth and development through train-ing and education.

Not all of the issues in the story are completely avoidable. But every one of them, with the exception of twins, could have been managed or dealt with in such a way that the impact to the city was significantly reduced if staff had been trained properly and the training was current. Training in ethics, “Sunshine Law,” team management, economic development incentives, newly elected officials training and ac-counting training in Generally Accept-ed Accounting Principles (GAAP), and Governmental Accounting Standards Board (GASB) could have prevented most of these issues and the best thing is that a lot of this training is relatively inexpensive or free.

The Attorney General’s Web site has online training in “Sunshine Law”

INVESTING IN EMPLOYEES DURING LEAN BUDGET TIMES

by Joan Jadali and Cyndi Freeman


and traveling speakers available upon request. The Missouri Ethics Commis-sion has online training on ethics and campaign finance. The Secretary of State has online training on records retention and management. All are free.

Training in Sunshine Law, ethics and record retention is something that can and should be done organization-ally wide. Employees can’t be expected to always recognize certain situations without the training necessary to pro-vide them exposure and make them cognizant of those situations when they arise. To know what records to keep, what and when to destroy, how to comply with an information request or to even recognize one, is something that should be trained at every level of an organization. The cost of this training is staff time, and will save the organization from Sunshine and ethics violations and potential lawsuits in the future. The benefits generally outweigh the costs as the entity’s exposure is lessened and that exposure can be easily reduced by educating personnel.

Training that is generally needed the most, is usually the hardest to justify since it is focused on the least amount

of staff and elected officials and usually must be paid for. The impact of training is apparent from the top to the bottom of any organization in the completion of goals and performance measures and the overall satisfaction of both in-ternal and external customers. But the commitment to effective training must come from the top of the organization and be demonstrated enthusiastically in staff communications, budget plans and individual performance plans. Training should be evaluated to determine the support of and effect on the strategic plan and the overall organizational goals.

The Missouri Municipal League (MML) provides an intensive train-ing program on the proper conduct, duties and responsibilities of a newly elected official at a nominal cost con-sidering the information and training provided. Elected officials have great intentions, but don’t always understand the requirements placed on them as a representative elected by the public. This training is critical to providing that understanding and assists in providing a foundation for a cohesive board or council.

The MML also has training avail-able for city clerks on the administrative and secretarial duties of the clerk and basic accounting functions required for compliance with state statutes. What is not available free and online through the MML is available from the Mis-souri City Clerks and Finance Officers Association (MOCCFOA) for reason-able costs. MOCCFOA also facilitates the certification process for municipal clerks as well as providing the continu-ing education on changes in statutory requirements.

Government Finance Officers Association, (GFOA) provides timely and effective training on state and na-tional levels in financial management, accounting, debt management and budgeting. This training is provided annually at a national conference as well as monthly Webinars at reduced costs to members. GFOA also pro-vides regional training, with a week’s worth of professional training events coming to St. Louis, July 25 to July 29, 2011. On a local level, chapters provide mini-training sessions and networking with chapter meetings. The state orga-nization provides at least two training


sessions annually with the highlight being the Annual State Conference in April. The registration fee only covers a portion of the organization’s cost to provide this training with the balance coming from dues and contributions.

Some organizations will have several certified professionals on staff, while others will have only one or two if any. Regardless of the size of the entity, the makeup of any organization is generally the same even if some will wear several “hats.” Administration, human resources, accounting, public works, community and economic de-velopment, parks and recreation are functions that can be performed by many or few, but still require constant and continual education and training to maintain the day-to-day operations of an entity. In every one of the func-tions listed, is the potential of a certified professional on staff that requires CPE’s or CPU’s to maintain that certification. Organizations hire these profession-als with the belief that they are hiring someone competent to perform the tasks required, but many times fail to take into consideration the cost of maintaining the professional standing.

Professional licenses and certifi-cations require continuing educational units, CPU’s or continuing professional education, CPE’s. These professions recognize the need for continually up-dating the knowledge base of the pro-fessional and therefore, issue licenses and certifications to control the educa-tion and training of their profession and require continuing education to main-tain those licenses and certifications.

Organizations with and without licensed and certified professionals should follow the thought processes of the professions and require continuing education of staff in every area that they are responsible for.

Now Back To Our Story … The new administrator recognized the need for training and what the lack of training had done to the city. He asked for and received immediate funding for train-

ing city wide. He requested that the entire council attend Elected Officials Training furnished by the MML, di-rected the city clerk to start the clerk’s certification process, and to provide city-wide training on the Sunshine Law and ethics. The accountant was sent to the accounting boot camp at GFOA and joined the state and national GFOA, and the public works director was sent to the training provided by APWA. The police department was instructed to get current with Peace Officer Standards Training requirements.

While these directives did not resolve all the issues, it provided a clearer picture and better information with which to tackle these issues and the hopes to prevent them from occur-ring again.

Cyndi Freeman istheimmediatepast-presidentoftheMissouriGFOAandthefinanceofficerforthecityofPlatteCity.Joan JadaliisthecurrentpresidentoftheMissouriGFOAandthefinanceandadministrationdirectorforthecityofWebsterGroves.

Missouri Municipal League - Submitted 11/6-08 ssouri County Record - Submitted 2/28/08 (continue to use till updated)

(continue to use till updated)Mi

www.skw-inc.com

Engineers

Land Surveyors

Land Planners

Construction Observers

Landscape Architects

Shafer, Kline & Warren, Inc.

Forming Partnerships. Delivering Results.

References:• Missouri Attorney General: http://

ago.mo.gov/Open-Government.htm• Missouri Ethics Commission: http://

w w w . m e c . m o . g o v / E t h i c s W e b /Training.aspx

• Missouri Secretary of State: http://www.sos.mo.gov/records/recmg-mt/

• GFOA: http://gfoa.org/• MML: http://www.mocities.com/


• MoDNR – Brownfields Voluntary Cleanup Program

• Municipal Code & MCC Innovations• Oppenheimer & Co., Inc.• Piper Jaffray & Co.• Springsted Incorporated• Sullivan Publications, Inc.• The Lowenbaum Partnership, LLC• White Goss Bowers March Schulte &

Weisenfels, A Professional Corporation

• American Fidelity Assurance Company• American Water Company• Black & Veatch Corporation• ConEdison Solutions• CTS Group• Curtis, Heinz, Garrett & O’Keefe P.C.• GBA Architects and Engineers• ING Financial Advisers, LLC• L.J. Hart & Company

2011 SPECIAL SPONSORS

• American Water Company• Curtis, Heinz, Garrett & O’Keefe P.C.

• GBA Architects and Engineers• ING Financial Advisers, LLC

• L.J. Hart & Company• MoDNR – Brownfields Voluntary Cleanup Program

• MOPERM• Oppenheimer & Co., Inc.

• Piper Jaffray & Co.

ANNUAL CONFERENCE SpONSORShipS

2011 HOSPITALITY HOSTS


SEPTEMBER 11-14

CONFERENCE HIGHLIGHTS

The Exhibit Hall will feature more than 120 firms, offering the latest products and services tailored to municipal needs. Several special events will be held in the Exhibit Hall, including the Grand Opening Reception on Sunday evening and a coffee break, box lunch and snack party on Monday. Plan to visit the Exhibit Hall often during the Conference to show your appreciation to the participating vendors.

2011 Missouri Municipal LeagueAnnual Conference

kansas cityHYATT REGENCY HOTEL, CROWN CENTER

Regist

er now

!

MONDAY EVENING EVENT - “FEEL THE POWER” – A sponsored event for conference attendees at Kansas City’s Power and Light District will be a celebration of Kansas City food, music, and entertainment; nearby District restaurants will also participate with dinner specials. Complimentary roundtrip transportation from the Hyatt Hotel to the District will be available for attendees for this fun-filled event.

GOLF TOURNAMENT – On Sunday, a four-person, scramble golf tournament will be held at Adams Pointe Golf Course, Blue Springs. Shotgun start at 10:30 a.m.; requires advanced payment – see registration form. Golf coordinator is Tony Russo, please e-mail at [email protected] or call at 314.588.9764 x312 with pairing information one week prior to event.

We hope to see a large delegation from your city at the 77th MML Annual Conference!

KEYNOTE SPEAKERS

EXHIBIT HALL

This year’s Conference will be held at the Hyatt Regency, Crown Centerin Kansas City, Missouri.Many informative sessions are planned, covering a variety of topics such as: council procedures and legal issues, EPA regulations, limits to municipal authority, workplace safety, ethics, REJIS - Regional Justice Information System, collective bargaining, ADA, transportation, as well as a mobile workshop and more. We look forward to seeing you there!

Extreme Government MakeoverKen Miller, founder of the Change and Innovation AgencyKen speaks to thousands of government managers every year spreading his simple but often-ignored message: The only thing standing in the way of the government we want is right between our ears. Our beliefs create our systems. Our systems produce our results. If we want better results in government we need better systems. If we want better systems, we need better beliefs.

Workplace of the FutureJack Mortimer, Government Technology magazineIn American history, the single greatest shift in the workplace was driven by the Industrial Revolution as jobs moved from outdoors to indoors. Since then, much has remained the same except for further technologization. True, technology has continually and dramatically affected how we work. Yet most

NEW! PRE-CONFERENCE WORKSHOP ON SUNDAY – Ron Holifield, is CEO of SGR, the nation’s largest private sector training company, that specializes in leadership, management and customer service for local governments. Ron, a former city manager and lobbyist, will provide attendees with a fun, energetic and informative program. The presentation, Effective Leadership for Elected Officials ... Accomplishing Your Personal Policy Goals in a Team Environment, will focus on personal policy goals, assessing whether they are the right thing to acco mplish, and provide attendees with the tools needed to influence staff and fellow elected officials in a positive way.

people, especially in government, still work in standard office environments. But that's changing. Is it a new "revolution"? Almost certainly. The only question is to what degree. This session looks at recent research and predictions by Government Technology magazine into the changing workplace. After more than a century of the same basic work environment, is it time to blow up the model?


2011 MML ANNUAL CONFERENCE TENTATIVE AGENDA

SUNDAY, SEPTEMBER 11, 2011

9:00 a.m. – 4:00 p.m. CCFOA ADVANCED ACADEMY: "ETHICS - CONTEMPORARY ISSUES IN PUBLIC ADMINISTRATION" – This workshop will first focus on some of the challenges of encouraging ethical behavior in the workplace and will examine: (a) ways to deal with value conflicts in the workplace; (b) the pros and cons of whistle-blowing; and (c) the application of professional codes of ethics. (The Academy is open to all conference attendees, registration is through the Management Development Institute at MSU. For registration or questions contact Belinda Davis at 417-836-5667 or [email protected] ($125 CCFOA members & $155 non-members). 10:30 a.m. GOLF – Adams Pointe Golf Club, Blue Springs 12:00 noon CONFERENCE REGISTRATION 1:00 – 4:00 p.m. MML PRE-CONFERENCE WORKSHOP – Ron Holifield, is CEO of SGR, the nation’s largest private sector training company, that specializes in leadership, management and customer service for local governments. The presentation, Effective Leadership for Elected Officials ... Accomplishing Your Personal Policy Goals in a Team Environment, will focus on personal policy goals, assessing whether they are the right thing to accomplish, and provide attendees with the tools needed to influence staff and fellow elected officials in a positive way. 4:00 p.m. CONFERENCE ORIENTATION 5:00 p.m. NOMINATING COMMITTEE 6:00 p.m. OPENING RECEPTION MONDAY, SEPTEMBER 12, 2011

8:00 a.m. REGISTRATION 8:00 a.m. EXHIBITS OPEN 9:00 a.m. CONCURRENT SESSIONS 1) Legal Issues And Council Procedures – Municipal Government 101. This session reviews all the basics: from forms of government to conflicts of interest to contracts to personnel law. 2) Things Your City Attorney Tried To Tell You (Sponsored by CCFOA) – This session will review some of the common pitfalls attorneys try to warn their clients about and the consequences of not heeding those warnings. 3) Safety: It’s Your Job! – The speakers will discuss the key elements in creating and implementing a safety program and will also cover workers’ compensation and how safety can lower costs to your municipality. 4) Federal And State Environmental Mandates – This session provides guidance on ways to plan for the ever changing landscape of EPA and DNR environmental regulations. 10:45 a.m. CONCURRENT SESSIONS 1) Show Me The Trails! The Missouri Trails Alliance (Sponsored by MPRA) – When it comes to trails, Missouri is poised to be a leader. This session will cover a fresh plan to develop and promote a statewide trails database and to maintain a trails inventory. 2) Collaborative Governance And Civic Engagement – Learn how communities are modernizing their way of involving citizens. Collaborative governance is a more inclusive way to engage citizens in the decision making process. 3) EMA/S.A.V.E. Coalition Volunteer Building Inspection Program – Learn how volunteer architects, engineers, and building inspectors working through SEMA can help your city following a major disaster. 4) When Municipalities And Mental Health Collide – Citizens with mental health issues present unique challenges for municipal officials. This session will focus navigating through legal concerns, mental health professionals, and doing what’s best for the public. 12:00 Noon GENERAL LUNCHEON – Box Lunch in Exhibit Hall 1:15 p.m. CONCURRENT SESSIONS 1) REJIS – This session will review what IT services REJIS can provide for your municipality. 2) Ethical Issues Facing Municipal Officials – What is acceptable as a private citizen is not always appropriate for an elected or appointed public official. Find out what you have to watch out for as a municipal official. 3) Livable Streets – Communities across Missouri are considering how to make streets more accessible for all transportation users regardless of their ability to drive. Join us for this session that brings together a trio of leaders to discuss how their communities are updating codes, changing policies, and writing plans to create more livable and accessible places. 4) New Regulations For ADA Compliance – This session will discuss the recent changes and how they will have an impact on municipalities in Missouri.

2:30 p.m. CONCURRENT SESSIONS 1) Constitutional Limits To Municipal Authority – The Missouri Constitution governs many aspects of municipal government – from audits to taxes. Our legal expert will provide a common sense explanation of the constitutional provisions that affect municipalities. 2) Collective Bargaining – This session will provide an update on the implementation of the Supreme Court's case mandating collective bargaining for municipalities, including a report on the collective bargaining cases now in the Mo. Supreme Court. 3) Missouri’s Transportation Future – Missouri lies at a crossroads in the most literal sense. Funding for state transportation programs has hit a wall and the next few years will be critical to how maintenance and new construction is funded. This session will give insight into what may lie ahead. 4) Coping With Financial Distress (Sponsored by GFOA) – This session will review a framework created by the National GFOA that will assist municipalities in navigating towards recovery and promote addressing financial problems, while still in preliminary stages before they start to snowball. 3:30 p.m. EXHIBIT HALL RECEPTION 5:00 p.m. – 10:00 p.m. EVENING EVENT TUESDAY, SEPTEMBER 13, 2011

7:30 a.m. REGISTRATION 9:00 a.m. GENERAL SESSION

“Extreme Government Makeover” Ken Miller “Workplace of the Future” Jack Mortimer BUSINESS MEETING/ADOPTION OF 2011-2012 MISSOURI MUNICIPAL

POLICY/ PRESIDENT’S ADDRESS/ ELECTION OF OFFICERS 12:00 Noon GENERAL LUNCHEON “Federal Perspective” Ted Ellis, Mayor, Buffton, Indiana, and NLC Vice-President 2:00 p.m. CONCURRENT SESSIONS 1) On Dangerous Ground: When Your Legislative Body Goes Quasi-Judicial (Sponsored by CCFOA) – Not all land use actions are treated equal; some are legislative, others are quasi-judicial/administrative. This session will discuss the different types of land use actions, and the resulting legal, procedural and ethical aspects accompanying them. 2) Next Generation Infrastructure – While the end of the useful life span for much of our public infrastructure presents a critical challenge it also poses a significant opportunity for innovation. Session will focus on what the next 100 years of infrastructure will look like. 3) Diversity – The speaker will use the best examples of successful diverse communities to highlight how to better use diversity as an asset to make cities and towns more attractive for economic development and businesses, child rearing and education, and specially a harmonious place for residents and visitors. 2:00-4:00 p.m. Mobile Workshop (Seated limited to 95) – “Successful Re-Use Through Public/Private Partnerships.” Through public/private partnerships the former Independence Regional Medical Center was transformed from a very large vacant building into the Ennovation Center. The Ennovation Center is a multi-faceted business incubator established to support the growth of the early stage of business in three primary areas: culinary, bio-technology, and business and technology. Completed in 2010, the 225,000-square-foot former hospital building has been repurposed and is now home to more than 15 individual start-up businesses. The Ennovation Center houses one of only 70 kitchen incubators in the United States and is a truly unique and must-see facility in Independence. 3:30 p.m. CONCURRENT SESSIONS 1) Project Funding Tools – This session will review the various funding programs available for public infrastructure, community facilities and redevelopment activities 2) Dangerous Building Demolitions: Common Mistakes And How To Avoid Them – Dangerous building demolitions are often a necessary part of city work, but litigation risks associated with dangerous buildings abound. This session will discuss common pitfalls with notice and hearings, considerations for emergency demolitions, and how and when an administrative warrant might be necessary. 6:00 p.m. HOSPITALITY HOUR 7:00 p.m. ANNUAL BANQUET

Entertainment: The New Odyssey Show Band WEDNESDAY, SEPTEMBER 14, 2011

7:30 a.m. REGISTRATION 7:30 a.m. BREAKFAST BUFFET Entertainment: Ralph Duren, Humorist / Wildlife Impersonator CONFERENCE ADJOURNMENT


77th MML Annual Conference September 11-14, 2011 Hyatt Regency, Crown Center Kansas City, MO REGISTRATION: Pleaseuseaseparateformforeachdelegate.Showthenumberofticketsrequestedforeacheventinthe “NUMBER OF TICKETS” column on the form below.

FEES: RegistrationFeedoes notcoveranymealsorevents.Youwillneedtopurchaseseparateticketsforthese.Mealsandeventsarelistedbelow.AllchecksshouldbemadepayabletotheMissouriMunicipalLeague.Spouse/partnerregistrationiscomplimentary,exceptformealticketsandevents.Thisfeedoes notcoverhotelregistration.HotelregistrationneedstobemadewiththeHyattRegency(888-421-1442).

NAME BADGES: PleaseenteryourNAME,TITLEandMUNICIPALITYasyouwantthemtoappearonyourConferencenamebadge..

Ifyouhavespecialneeds,pleaseattachaseparatesheetdescribingyourrequirements. CheckifyouareaFirstTimeAttendee □

NAME TITLE

TELEPHONE NUMBER SPOUSE/PARTNER NAME (If accompanying delegate)

CITY/FIRMADDRESS CITY STATE ZIP

MEALS/EVENTS FEES NUMBER OF TICKETS MML USE ONLYRegistration Fee (Does not include meals and events) $225.00SUNDAY, SEPTEMBER 11GolfTournament(Must be Prepaid) $65.00Pre-conferenceWorkshop(EffectivePersonalLeadershipforElectedOfficials) $40.00MONDAY, SEPTEMBER 12ComplimentaryBoxLunch XX (1PerDelegate)

ExtraMondayBoxLunch $19.00Spouse/GuestTour (Limited to56persons)(“AStepBackinTime” ADayInHistoricIndependence � $35.00TUESDAY, SEPTEMBER 13MissouriCity/CountyManagementAssociationMembershipBreakfast (Membership Required)

$19.00

CityClerks/FinanceOfficersAssociationBreakfast $19.00GeneralLuncheon $26.00MobileWorkshop(Limitedto95persons)(SuccessfulRe-UseThroughPublic/PrivatePartnerships) $10.00Reception,AnnualBanquetAndEntertainment $42.00WEDNESDAY, SEPTEMBER 14BuffetBreakfast $22.00

CANCELLATIONS: Cancellations must be received at League headquarters prior to 5 p.m., Wednesday, August 31, 2011, to be eligible for a refund (less $40 cancellation fee). Officials who register for the Conference but do not pay and do not cancel prior to the August 31 deadline will be billed for the conference registration fee and those events for which they registered.

August 10, 2011 DeadlineforHotelReservations(HyattRegency888-421-1442)August 31, 2011 DeadlineforConferenceCancellations(MMLHeadquarters573-635-9134)

PAYMENT OPTIONS: Checkenclosed____BillCity____WillpayatConference CreditCard Credit Card Information:MasterCardorVisaorDiscoverCardNumber: (CircleOne)CardholderName: Exp.Date: 3-digitsecuritycode

Cardholderbillingaddress: PhoneNumber:___________________

Please mail or fax completed registration form to: Missouri Municipal League, 1727 Southridge Drive, Jefferson City, MO 65109; Phone: 573-635-9134; Fax: 573-635-9009


A marketplace for products and services . . .

Public Finance andMunicipal Bond Underwriting

1010 Grand Blvd.• Kansas City, MO816.860.7244866.651.9262 Toll Freeumb.com

Underwriter • Financial AdvisorMunicipal Leasing • Bond Refundings

SERVING MISSOURI MUNICIPALITIES FOR MORE THAN 43 YEARS.

Represents Missouri Municipalities as Bond Counsel. Dedicated Solely to the Practice of Public Finance Law. Extensive Tax and Arbitrage Rebate Compliance Practice. National Reputation in Tax-Exempt Bond Financing.

Gilmore & Bell’s Bond Counsel Rankings

Missouri Midwest Nation

Number of Issues:

1st 1st 2nd

Dollar Volume: 1st 1st 13th Source: Thomson Reuters.

Kansas City (816) 221-1000 St. Louis (314) 436-1000

Visit our Website at www.gilmorebell.com

We specialize in the sanitary aspect of water storage:

Tank Cleaning & Inspections /Phase Inspections / Writing of Specifications / Sanitary Evaluations

Portable Hydro-Pneumatic Tanks 1,000 TO 22,000 Gallon Capacities

Tomcat Consultants The safest way to

maintain positive system

pressure while your

storage tank is off line for

repairs or renovation.

www.tomcatconsultants.com Tel: 573.764.5255/ 7255

[email protected] Fax: 573.764.6255

P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091






pressure while your





P.O. Box 317

Rosebud, MO 63091

Enhancing People’s Lives throughSustainable Infrastructure

Kansas City, MO 816.363.2696hwlochner.com


professional directory

For more information, contact attorney Steve Chinn at: 1201 Walnut, Suite 2900 . Kansas City, MO 64106 . Tel: 800.846.1201 . www.stinson.com

stinson

morrison

hecker llp

The

choi

ce o

f a la

wye

r is

impo

rtan

t and

sho

uld

not b

e ba

sed

sole

ly o

n ad

vert

isem

ents

. (M

o. S

up C

t. Ru

le 4

-7.2

)

The attorneys of our Public Law & Finance Group provide legal representation in a variety of matters including: . Planning and zoning . Annexation. Storm water management. Financing strategies

. Economic incentives

. Public and private partnerships

. Municipal litigation

Stinson Morrison Hecker LLP

ALLGEIER, MARTIN and ASSOCIATES, INC.ALLGEIER, MARTIN and ASSOCIATES, INC.ALLGEIER, MARTIN and ASSOCIATES, INC.

Corporate Office 2820 S. Range Line Road Joplin, MO 64804 417.624.5703

Rolla Office 112 West 8th Street

Rolla, MO 65401 573.341.9487

www.amce.com

AM

AN EMPLOYEE OWNED COMPANY 901 VINE STREET

POPLAR BLUFF, MISSOURI (573) 785-9621

www.shsmithco.com

CONSULTING ENGINEERS REMEDIATION GEOTECHNICAL DRILLING LAND SURVEYORS

Water Wastewater Streets/Roads Stormwater Site Plans Bridges

Geotechnical Drilling UST’s Airports Industrial Parks

CO. SMITH &

Missouri | Michigan | Minnesota | North Dakota | Alberta

resourceful. naturally.

888.324.3933 Barr Engineering Co. www.barr.com


PGAVURBANCONSULTING

1-888-231-7428314-231-7318314-231-3158 (fax)

200 North Broadway, Suite 1000St. Louis, MO 63102

www.pgav.com

Urban Consulting • Destination Consulting • Architecture

BURBACH AQUATICSARCHITECTS & ENGINEERS

5974 State Highway 80 South P.O. Box 366

Platteville, WI 53818 www.burbachaquatics.com Dillion, CO 80435

PH(608)348-3262 [email protected] PH(815)238-5243

FAX(608)348-4970 FAX(970)513-0988

FROM CONCEPTION THROUGH OPERATION

INDOOR AND OUTDOOR FAMILY AQUATIC CENTERS

AWARD WINNING DESIGNS- ENGINEERED TO LAST!

YOUR QUALITY CHOICE SINCE 1978

St. Louis + O’Fallon + Kansas City

www.gbateam.com

c r e a t i n g r e m a r k a b l e s o l u t i o n sa r c h i t e c t s

e n g i n e e r s

VisitVendors online by clicking on

theProducts and Services Guide

at www.mocities.com!

A marketplace for products and services . . .professional directory


W. Dudley McCarteriswiththelawfirmofBehr,McCarterandPotter,P.C.,St.Louis.

by W. Dudley McCarter

news from the bench

Utility Serv ices , Inc . entered into a “Water T a n k M a i n t e n a n c e Contract” with Monroe

City. The contract required Utility Services to annually inspect and service the City’s elevated water storage tank and tower. It also required Utility Services to repair the tank and tower, clean and repaint the interior and exterior of the tank, and install certain valves and parts. Utility Services requested a written statement from the Department of Labor and Industrial Relations advising it whether it was required to pay prevailing wages under Missouri’s Prevailing Wage Act, §290.210 et seq. RSMo. The Department stated that the contracted work required payment of prevailing wages because it was “construction,” rather than “maintenance work,” as defined in §290.210 RSMo. Utility Services filed a declaratory judgment action against the Department, seeking a declaration that the contracted work was “maintenance work” exempt from the Act. The trial court granted summary judgment to Utility Services, but the Supreme Court of Missouri reversed in Utility Service Co. v. The Department of Labor & Industrial Relations, No. SC90963 (Mo.banc 2011).

Because “maintenance work” is exempt from coverage under the Act, its definition must be read narrowly. Accordingly, the limitation in the defi-nition of “maintenance work” – which tests whether work changes the size, type or extent of an existing facility – is a limitation that cannot be applied in a way that reduces the scope of what is “construction” under the plain mean-ing of §290.210(1). The plain meaning of the terms included in the definition of “construction” under §290.210(1) encompasses work that can occur with-out any change to a facility’s size, type or extent. Further, contrary to Utility Service Co.’s suggestions, nothing in the definition of “construction,” under §290.210(1) prevents the application of the statute to work performed on an existing facility. By its defining terms, “construction” work under §290.210(1)

can include work performed on new or existing facilities.

One of the terms in §290.210(1)’s definition of “construction” is “recon-struction.” Here, the contracted work includes “reconstruction” insofar as it involves restoration and remodeling. Another term in the statutory defini-tion of “construction” in §290.210(1) is “improvement.” Here, the contracted work also includes “improvements” that satisfy the definition of “construc-tion” under §290.210(1), in particular, the replacement of major parts and the installation of an anti-climb device. The term “alteration” is also included in the definition of “construction” and an alteration can be a change or modifica-tion made on a building that does not increase its exterior dimensions. The definition of “construction” includes “painting;” the contract here provided for complete repainting of the water storage tank and tower.

Finally, the contract encompasses “major repairs” included in the defini-tion of “construction” under the Act. The statutes and regulations do not provide a quantitative guide to settle

PREVAILING WAGES MUST BE PAID ON PUBLIC WORKS CONSTRUCTION PROJECTS

the dispute in this case about what amount of work should be deemed a “repair” under the “maintenance work” definition, as opposed to a “major re-pair” that is included in the definition of construction. But, the Act cannot be read to mean that repairs are classified as “maintenance work,” unless they change a facility’s size, type or extent. Such an interpretation would under-mine the inclusion of the term “major repair’ in the definition of “construc-tion” under §290.210(1). In this case, the contract encompasses “major repairs” in that it provides for the replacement of major component parts, particularly after “severe pitting or steel loss dam-ages occurs.” Because the contracted work in this case fits within terms defin-ing “construction” under §290.210(1), the trial court erred in determining the work was “maintenance work” for purposes of applying the Act.


frequentLy Asked questIons - MML WeB sIte

Each day your Missouri Municipal League staff answers dozens of questions on municipal issues. For this issue of The Re-view, the FAQ’s will focus on the League’s Web site and in particular some of the new features that are available.

q. WhAt resourCes Are AvAILABLe on MoCItIes.CoM (The League’s Web site)?

A great variety of League services are available on the Web site. Munici-pal news headlines from across the state are collected each morning and listed under “Today’s Local Government Headlines.” Information on upcoming conferences and regional meetings is listed on the “Conferences” page; the current issue of The Missouri Municipal Review can be read in a digital format; access to the archives of the “Municipal Newsletter” and the “Missouri Munici-pal Attorneys Association Newsletter” can be found on the Web site. Many of the League’s technical bulletins may be downloaded from the publications page. The League’s “One-Stop-Shop” a virtual inquiry service provides access to many of the League’s most requested documents including: state statutes, At-torney General Opinions, court cases, articles, and presentations.

q. WhAt Are soMe of the neW feAtures on the MeMBer’s onLy portIon of the MML WeB sIte?

Currently, signing in will grant members access to the Member Search function. This online directory tool allows members to access the profiles of their fellow members. Information such as city official rosters by city and contact information for those officials is accessible through the member search function. Members also have the ability to update their own profile and prefer-ences once logged in. In time, some of the current features available on the MML Web site will be moved to the member’s only area. In particular, areas such as the legislative activities and the One-Stop-Shop are slated to be moved to the protected area in the near future.

q: hoW do I ACCess the MeMBer’s onLy AreA of the WeB sIte?

On the MML homepage, click on the “Sign In” link located on the far right of the maroon ribbon at the top of the page. From here you’ll be asked to enter your username and password. User names and passwords have been supplied to all MML member officials who have supplied the League with an e-mail address.

q. I never reCeIved An e-MAIL WIth My usernAMe And pAssWord: hoW do I get A usernAMe And pAssWord to ACCess to the MML sIte?

Usernames and passwords have been supplied to all MML member of-ficials who have supplied the League with an e-mail address. If you did not receive this e-mail you have several options. You can ask your city clerk to add you to your municipality’s master profile or if you are already listed in the profile, make sure that your e-mail was supplied. You can also send an e-mail to [email protected] with a request for your username and password (please include your full name, title and city with this e-mail). Or, on the League’s Web site you can click the “Sign In” link located on the far right of the maroon ribbon at the top of the MML home page and then click on the “haven’t registered yet” link and follow the instructions. For any of these options, you’ll need to provide an e-mail.

q. the usernAMe And/or pAsssWord MML sent to Me Won’t Work: WhAt shouLd I do?

Your username should be the same as your preferred e-mail address. Your initial password will be a unique phrase MML sends to you. If you have forgotten or lost the password, you can easily request a new password by going to the “sign in” page on the MML Web site and clicking the “Click here to reset your password” link.

q. I forgot My pAssWord: hoW do I get A neW one?

If you have forgotten or lost the password, you can easily request a new password by going to the “sign in” page on the MML Web site and click the “Click here to reset your password.”

q. hoW do I updAte My personAL profILe?

First access the member’s only area by signing in with your username and password. Then click on “Manage Profile View” in the “My Profile” green box located in the upper right-hand corner. Click the “Edit Bio” link to edit your information; please note not all information is editable by the user.

A law firm dedicated to the practice of municipal law.

Contact Joe Lauber for your day to day or special project needs816-525-7881 or [email protected]

www.laubermunicipallaw.com

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


City clerks as the primary contacts for their municipality, have the ability to log in and update the accounts of all their municipality’s officials as well as the city’s master account.

q. hoW do I Add My photo to My profILe?

After signing in, go to the Profile Home view, by clicking “Profile Home” link in the “My Profile” green box lo-cated in the upper right-hand corner. Then hover over the blank icon “photo not available.” When the green up-load icon appears, click to upload your photo. The file you upload must be an RGB image in GIF, JPEG or PNG format.

q. I’M A CIty CLerk: hoW do I updAte the ACounts of My offICIALs?

First log in using the username and password for your municipality’s master account (this information has been sent to all municipal clerks). Then click on “manage profile” in the “My Profile” green box located in the upper right-hand corner. Next click on “sub-accounts,” in the sub-account view a complete list of the city’s officials will be shown. To the left of each listed of-ficial will be a number of icons. Click the icon with the pencil and paper. This brings up an editable screen for updating.

q. I’M A CIty CLerk, hoW do I Add A neW offICIAL to our CIty’s MAster profILe ACCount?

Log in to the city’s master ac-count, go to “manage profile” then “sub-accounts”. Next click on “Create Sub-account” in the yellow box. Click “yes” in the attention box. Enter a user-name, we prefer using the individual’s e-mail address. If this is not available

We can solve every problem

on this list.Canoe?

As water and wastewater problems grow, more and more of our local communities arerealizing that they may be up that famous creek:

capital improvement projectstechnical challenges shortages of licensed personnel government regulationsrevenue shortfalls.

Missouri’s own AllianceWater Resources is anational leader in solvingexactly these problems.When you’re up theproverbial creek, call (573) 874-8080 or visitwww.alliancewater.com

View Project Profiles at www.alliancewater.com

a first and last name combination will work. Create a password for the new sub-account. Fill in the rest of the ac-count information as appropriate. Click to submit/save changes.

q. Why do I hAve to suppLy An e-MIAL to CreAte An ACCount WIth My MML ACCount?

MML needs e-mail addresses for each of our members so that we may send important MML publications such as The Missouri Municipal Review, the “Municipal Newsletter” and other timely corrrespondence. Additionally, our new association managment soft-ware requires that an e-mail address be provided for all new accounts. If an e-mail address is unavailable for an individual we recommend using the

engineersDELICH ROTH & GOODWILLIE, P.A.DELICH ROTH & GOODWILLIE, P.A.

Kansas City, MO: (816) 221‐4222 � Bonner Springs, KS: (913) 441‐1100 Toll Free: (877) 309‐4222

• Transportation • Water / Wastewater • Structural • General Civil • Environmental • Mechanical • Electrical • Plumbing • SUE Services • Construction Inspections

Quality Driven | Client Inspired Since 1931

Green Solutions & Sustainable Designs for State/Local Agencies and Private Industry

www.drgengineers.com

“A Small Business Enterprise”

city clerk’s e-mail. The system is set up to avoid duplicate e-mails on bulk e-mails, however; providing the clerk’s e-mail will give MML an e-mail to use should contact be needed.

The MML hopes members appreciate the new features on the Web site. Please don’t hesitate to contact the League at [email protected] or 573-635-9134, if you have any issues or comments regarding the member’s only area.


Providing sound retirement, disability, & survivor benefits for almost 50,000 local government employees and retirees

Stop by our Booth #57 at the MML Annual Conference in Kansas City

Missouri Local Government Employees Retirement System

www.molagers.org 1‐800‐447‐4334 701 W. Main St. Jefferson City, MO 65102

On June 16 and 17, 2011, the Missouri Municipal League held its annual Elected Officials Training Confer-ence. More than 180 municipal officials from across the state gathered for this intensive two-day Conference. Topics covered included budgets, the Sunshine Law, revenue sources, liability, ethics, parliamentary procedure, conflict resolution and citizen dialog. Speakers included attorneys, practitioners and consultants specializing in Missouri municipal governments. Ninety seven percent of attendees rated the overall Conference as good or excellent.

eLeCted offICIALs Attend MML trAInIng ConferenCe


ACADEMY FOR LEADERSHIP

DEVELOPMENT PREPARING LEADERS FOR SERVICE

Registration is now open for the

9th year of the Academy for Leadership

Development.

The Academy is a unique professional development

program designed to enhance the leadership skills of local

elected and appointed officials, board and commission

members, and non-profit leaders.

Academy for Leadership Development Schedule January 19–20, 2012 Understanding Leadership and Working with Others

• The Leadership Challenge • Understanding Individual Behavior • Bringing Out the Best in Yourself and Others • Dealing with Difficult People • Managing Conflict • Ethics and Leadership

February 16–17, 2012 Leadership and Collaboration in Your Organization

• Building an Effective Leadership Team • Communicating Effectively • Engaging Stakeholders: Collaboration & Partnership

March 29–30, 2012 Planning and Managing in an Uncertain Environment

• Understanding and Managing Change • Strategic Planning • Trends in State Funding • Evaluation and Monitoring

Sponsored by: Harry S Truman School of Public Affairs, Missouri Municipal League, and Missouri Association of Counties

About the ALD Program The program consists of three classes, each lasting

two days (Thursdays and Fridays). The Academy is held in the newly remodeled MU

Student Center at the heart of the University of Missouri Campus.

To allow for the highest level of interaction among participants and with facilitators, space is limited to 20 registrants.

The Academy curriculum is highly interactive, utilizing real-life case studies, experiential exercises and up-to-date reading and materials.

The Academy is lead by faculty of the Truman School of Public Affairs at the University of Missouri.

The cost of the Academy is $595.00 and includes all materials and breakfast and lunch.

CEU’s are available for an additional fee of $15.

To register or for more information visit our website at: http://ipp.missouri.edu/leadership/academy


Jobs, bids and equipment . . .

MUNICIPAL HUNTING GROUND ADs

Check out the quick link to the Ads on our homepage at www.mocities.com!

The city of Rolla’s Community Development Department is pleased to announce a unique Home Repair Grant program being offered to qualified Rolla homeowners to make up to $20,000 in repairs and improvements to their homes in areas such as: furnace, air conditioning, weatherization improvements, roofing, electrical, ADA accessibil-ity improvements and flooring. The Meramec Community Enhancement Corporation’s (MCEC), that works in partnership with the Meramec Re-gional Planning Commission, has been awarded a grant for housing renovation projects in the region by the Missouri Housing Development Corporation. Since Rolla is a D.R.E.A.M. (Downtown Revitalization Economic Assistance Missouri) community, $150,000 has been set aside to improve housing within the city limits of Rolla. “Recipients of this grant program must reside in the residence where the home repairs are being completed for a period of five years to avoid having to repay the grant awarded,” said John Petersen, the City’s director of community development. “If this condition is met, reimbursement of the grant monies will not be required by the homeowner.” Petersen added that we are thrilled to offer this unique opportunity to Rolla residents and look forward to seeing the grant funds disbursed to qualified Rolla residents in the future. To qualify for this program, the applicant’s home must be a single residence, owner-occupied, and located within the Rolla city limits. Up to $20,000 can be used per home for improvements. In addition, property taxes must be paid, and current property insurance is required. Homeowners interested in this grant program can make no more than the income requirements stated in the grant application that is available on request with the Meramec Regional Planning Commission. For more information or to request an application, please contact Maria Kardon, community development specialist with MRPC, at 573-265-2993 or at [email protected].

CITY ADMINISTRATOR. City of Willard,Missouri, (5,288 pop.), is seeking applicationsfrom qualified persons for the position of cityadministrator. The administrator is appointedby the mayor with the approval of the boardof aldermen. This position serves as chiefadministrative officer of the City. Willard is arapidlygrowingfourthclasscitywithaprojectedbudgetof$4.5millionwithapproximately40full-timeemployees.Willardisgovernedbyamayorandasix-memberboard.Willardhasanawardwinning school district and adjoins the city ofSpringfieldonthenorthwestside.Thecandidateshould have strong administrative, financial,economic development, planning, interpersonalskills, and demonstrated ability to relateeffectivelywiththemediaandcitizens.Candidateshould have a bachelor’s degree in publicadministrationor relatedfield,andfiveyearsofexperienceinasenioradministrativepositioninlocalgovernment.Startingsalary is$50,000.00to $60,000.00, DOQ. Please submit letter ofapplicationandresumetoKarenRobson,CFO,CityofWillard,POBox187,Willard,MO65781orbye-mail [email protected].

DIRECTOR OF FINANCE. ThecityofFenton,MO is seeking candidates for the position ofDirectorofFinance.TheCityofFentonoperates

as a fourth class municipality governed by amayor and eight aldermen. Director reports tothe city administrator. Position is responsiblefor accounting and fiscal functions. Positionformulatesthefiscalplanfortheshort-andlong-termfinancialsecurityof theCity inconjunctionwith the finance committee and board ofaldermen. Duties include: the receipt, custody,and disbursement of funds in compliancewith policies; responsible for the general andsubsidiary ledgers; the purchase order system;the monthly warrant; fixed assets records; thefinancial computer system; the annual budget;and assists the auditors. Supervises two part-timebookkeepers.Requiresabachelor’sdegreeinaccounting,municipalfinance,orrelatedfield.Six years related supervisory work experienceor equivalent combination of education andexperience. Knowledge and comprehensionof municipal accounting regulations, standardsand practices, state statutes and municipalordinances.ThecityofFentonoffersanexcellentbenefits package and salary is commensuratewithexperience.PayDOQ.Sendresume,coverletter and references to: City of Fenton, Attn:HumanResources,625NewSmizerMillRoad,Fenton,MO63026;fax:636-343-1183;ore-mail:[email protected]. Applications accepteduntilpositionisfilled.EOE

ASSISTANT GENERAL MANAGER OF UTILITIES.CityofMonett(8,873pop.),isseekingapplicants for an assistant generalmanager ofutilities whose primary responsibility will be toassist the GM in providing multi-departmentalsupervision for electric, water, sewer, and fiberdepartmentsandtheutilitybillingandcollectionsoffice. Prior utility supervisory experiencepreferred but will substitute engineeringdegree and general management experience.Successfulcandidatesshouldpossesspracticalexperienceinteractingwithvariousgovernmentalagencies within a regulatory framework. Mustpossess good leadership and interpersonalskills.Successfulcandidatewillhavetheabilitytobalanceoversightofdailyutilityoperationswithlong-termplanningskillsandbecomesufficientlyproficienttoassumegeneralmanagerrole.Mustdevelopandmaintaingoodworkingrelationshipwith city administrator and elected officials.Salaryrange:$54,306-$81,134.SubmitresumewithreferencesandsalaryhistorytotheCityofMonett,c/oAsst.UtilityGMSearch,POBox110,Monett, MO 65708. Position open until filled.Applicant reviewprocess tobeginno later thanAugust1,2011.EOE.

hoMe repAIr grAnt progrAM offered to roLLA resIdents

the official publication of the missouri municipal league th mml

Documents