Missouri Municipal Review

REVIEW

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

THE MISSOURI MUNICIPAL

May/June 2024

Elected Officials' Issue

Roles and Responsibilities Building Relationships With Your Legislator Parliamentary Procedure www.mocities.com Advice For Newly Elected Officials | Building Trust | Navigating Social Media 1

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theReview May/June 2024

THE MISSOURI MUNICIPAL

May/June 2024; Volume 89, No. 3

CONTENTS Features 6

Roles And Responsibilities Of Elected Officials

by Kevin O'Keefe

9

Parliamentary Procedure For Everyday Meetings

by Karen Goodwin

9

12 Navigating The Social Media Landscape: Why Elected Officials Should Steer Clear Of Online Spats

by Sheila Shockey

12

News From The Bench: U.S. Supreme Court Clarifies Whether Social Media Posts By Public Officials Are "State Action"

by Tayleur A. Blaylock

16

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34 Correction: In the March/April issue of the MML Review, Bob Bennett was incorrectly listed as the Chief Innovation Officer for the city of Parkville in the Getting To Know You feature, page 28. Bob is currently an Alderman with Ward 2 in Parkville. He previously served as the Chief Innovation Officer with the city of Kansas City. We regret the error and thank Bob for his contribution!

Building Relationships With Your Legislator: Your Voice Makes A Difference!

19

What Your City Attorney Wishes You Knew

22

What I Wish I Had Known Before I Was Elected: Advice From Experienced Elected Officials

26

Building And Sustaining Trust

by Karen Shannon

Departments 4

President's Review

31

Getting To Know You: Bwayne Smotherson And Dan Hartman

34

How To Make Your Crosswalks Safe: A Free Pedestrian Safety Kit For Missouri Communities

36

Member News

38

MML Calendar Of Events

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Matt Turner, Alderman, Harrisonville; Vice President: Len Pagano, Mayor, St. Peters; Immediate Past President: Michele Deshay, Mayor, Moline Acres; Judy Bateman, Alderman, St. Peters; Damien Boley, Mayor, Smithville; *Chuck Caverly, Council Member, Maryland Heights; Bryant DeLong, Mayor, North Kansas City; Reed Dupy, Council Member, Chillicothe; *Joe Garritano, Mayor, Wildwood; Jerry Grimmer, Council Member, Bridgeton; Cemal Umut Gungor, City Administrator, Grandview; *Chris Lievsay, Mayor, Blue Springs; Ken McClure, Mayor, Springfield; Sheryl Morgan, Assistant to the City Administrator, Blue Springs; Lori Obermoeller, Finance Director, Creve Coeur; Thomas Oldham, Council Member, Sedalia; Ryana Parks-Shaw, Mayor Pro Tem, Kansas City; Steve Rasmussen, City Manager, Cameron; Marcieta Reed, Alderman, Vinita Park; *Matt Robinson, Mayor, Hazelwood; Mike Roemerman, Mayor, Ellisville; *Kathleen Rose, Mayor, Riverside; Erin Seele, City Attorney, Kirkwood; Robert Smith, Council Member, Poplar Bluff *Past President AFFILIATE GROUPS Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association EDITORIAL Laura Holloway, Editor Lholloway@mocities.com Richard Sheets and Lori Noe Contributing Editors GRAPHIC DESIGN Rhonda Miller The Review May/June 2024; Volume 89, No. 3 The Missouri Municipal Review (ISSN 00266647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri.

Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109.

Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request.

Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri.

Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109.

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

Website: www.mocities.com.

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3

President's Review

by Matt Turner, Alderman, Harrisonville, and MML President

Welcome Newly Elected Officials!

Welcome to our newly elected officials! I have no doubt your work and dedication will mean great things for your community.

It has been my honor and pleasure to serve my municipality on the board of aldermen for eight years, and I hope you find the same joy in service. You are likely to receive a great deal of advice as you begin, and you will find even more recommendations in this issue, both from attorneys and city officials, on pages 19-25. I have highlighted a few of my favorite tips below.

Never forget that " local government continues to be closest to the people and your work matters deeply.

"

1. Use your resources. I want to make sure to mention up front the Missouri Municipal League and all the resources available to elected officials. From the inquiry service to training (online and in person), website resources to publications, MML can provide guidance for the many questions you will face.

2. Get to know other elected officials. Networking with other elected officials is such an ideal way to realize you are not alone and find valuable insight along the way. There is no need to reinvent the wheel – meet up with other elected officials to share stories and best practices (MML conferences and regional meetings are a perfect way to do this!)

3. Understand state and federal issues. Make sure you are aware of the state and federal issues that impact your municipality. This is where MML can also be helpful. During the legislative session you will receive weekly Capitol Reports via email, so you are aware of the top legislative proposals that would affect your city. Stay in touch with the League about how proposed bills could affect your community.

4. Know your role and responsibilities. Sometimes these roles and responsibilities are written down in your municipality’s ordinances or policies. If they are not written down, think about working with your fellow officials to create some guidelines. It is always helpful to know what is expected of you in your new role. This issue’s article on the Roles and Responsibilities for Elected Officials will be very helpful!

5. Know the law of the land. This is where training can really come in handy. There are many state laws out there that may impact you directly and your municipality. The Missouri Municipal League provides an Elected Officials Training Conference that covers items such as the Sunshine Law, public works contracting and other relevant regulations. This training will be held June 6-7, 2024, in Columbia, Missouri, and is also offered virtually. Learn more at www.mocities.com.

6. Build collaborative relationships. This can mean many things – relationships with your board, citizens, organizations, businesses and legislators at the state and federal level. You may not agree with them all but get to know their issues and where they stand. Collaboration and teamwork are essential for achieving common goals and addressing challenges in your city.

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7. Be patient. When I see a problem or something that needs to change, I want to be able to fix it immediately, but that cannot always happen. Elected officials need to follow the process and understand it can take time.

8. Commit to transparency. Maintain transparency in your decision-making processes and communicate openly with constituents about your action and priorities. Strive to earn the trust of your community.

9. Continue to learn. There are many opportunities where you can continue to grow your knowledge as an elected official. The Missouri Municipal League has two certified government official programs called the Municipal Governance Institute and the Advanced Municipal Governance Institute. These programs provide elected officials with the opportunity to receive the certified government official designation by attending MML trainings or watching MML webinars. This shows your constituents you are going above and beyond by continuing your education as an elected official.

10. Be respectful of differing opinions. We are all passionate about certain topics. One of the reasons you are an elected official is likely because you are passionate about your municipality. However, it is important to make sure to always maintain a professional and respectful attitude to those on the board and those in your municipality, even when disagreement arises.

Thank you for the opportunity to share some of the lessons I have learned as an elected official, MML board member and most recently as MML president. I am confident you will find your journey rewarding. Never forget that local government continues to be closest to the people and your work matters deeply. When you face questions and challenges, do not hesitate to reach out to MML for guidance and resources. I look forward to meeting you at an upcoming MML event!

www.mocities.com

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FEATURE Review

by Kevin O'Keefe

Roles And Responsibilities Of Elected Officials

For more than 250,000 years human beings wandered the earth in small bands of hunter gatherers. During all that time they managed to invent language, the bow and arrow and, to varying degrees of success, to control fire for warmth, protection, light and, eventually, cooking. Every few thousand years they marked progress by devising new ways of chipping at rocks to make edges for tools and weapons.1 Then, only about 10,000 years ago, mankind adopted a stationary lifestyle enabled by the rise of agriculture.

Humans abandoned their small nomadic bands and gathered together to form communities where they could share responsibilities and knowledge and collaborate for their common good.

Once these communities formed, the pace of progress accelerated beyond imagining: domestication of animals; the wheel; writing, printing and the preservation and diffusion of knowledge; roads, houses, buildings, tombs and monuments; religion; music, art and entertainment; mining, smelting and metalworking; sailing and navigation; the microscope and biology; the telescope and astronomy; harnessing water, steam, fossil fuels and electricity for power; trains, automobiles and airplanes to take us to every part of the earth; the telegraph, radio, telephone, and instant communication; scientific and medical miracles; exploring and understanding 6

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distant planets and the deepest oceans; the internet and the digital age; and, ultimately, Taylor Swift. All of it was the product of the collaboration and shared responsibility made possible by living together in organized communities.

Those who choose to serve their neighbors and bear the burdens of governance in our cities, towns and villages today are custodians of the most critical, dynamic and productive environment mankind ever devised: the municipal community.

Divided Government The structure of municipal governance in Missouri is dictated by state law (for villages and 4th and 3rd class cities) or voter-enacted charter (for charter cities.) Though there may be different names for the component parts2, there is generally one common thread among the various municipal structures in Missouri: ultimate authority is vested in an elected, multi-member governing body while executive/administrative responsibilities are carried out by a single executive officer (most often an elected mayor, but in some cities there may be a mayor and an appointed city manager.)3 The legislative body, generally speaking, has ultimate and total authority to enact laws, adopt policies, adopt a budget, levy taxes and approve expenditures of public funds. But

that authority can only be exercised collectively. No one member can spend money, make policy or dictate the conduct of public business. (“Get over to Main Street now and fix that pothole.”

“I told Mrs. Jones she could have that permit.” Etc.) If a given course of action has not been properly approved by a majority of the members of the body, it does not matter how good an idea it is or how important anyone thinks it is, it cannot be done.

Executive officers need to be mindful that their responsibility is to carry out the laws and policies adopted by the legislative body. If you do not approve of what they want to do, try to reason with them, veto the bill, use your bully pulpit to bring public pressure to bear.

But you do not get to go off on your own and act beyond your authority. That path leads to potential liability and removal from office.

This division and dispersion of authority within multi-member bodies and between legislative and executive officers is deliberate and critical. It means that no one official can dictate policy or make laws. The structure forces officials to come to a majority consensus before anything can get done. Elected officials who fail to appreciate the fundamental and structural need to act collaboratively are in for a frustrating and disappointing experience.

Do As You Are Told There is an old legal principle called Dillon’s Rule that is enshrined in Missouri caselaw relating to municipalities.4 The effect of the Rule is that cities must look to their authorizing law (state statutes for statutory cities; state statutes and the city charter for charter cities) to determine whether they have power to act with respect to a given subject, and, if so, what limitations there may be as to what the city can do and how the city must go about it.

For instance, Chapter 89 of the Revised Statutes of Missouri (RSMo.) expressly grants cities authority to enact zoning and subdivision regulations.

But it also establishes limitations (e.g. zoning ordinances cannot prohibit group homes), and procedures that cities must follow when enacting zoning ordinances: there must be a zoning commission; the zoning commission must adopt a comprehensive plan for the community; there must be a published notice and public hearing before zoning ordinances can be adopted or amended;

if there is a proper protest to a proposed zoning ordinance, a super majority of the governing body may be required in order to adopt it, etc.

Similarly, state law says that before a village or a 3rd or 4th class city can enact any ordinance a majority of all the members of the governing body must vote in favor of it.5 Also, the vote of each member on the question of passage must be recorded in the minutes.6 The state has laid out not only what the city can do, but how it must do it. If these substantive and procedural mandates are not satisfied, the city’s actions are a nullity.7

Who Am I? Elected officials need to be aware of their role and stay within their lane. Elected officials are not street or parks workers; they are not building inspectors, code enforcement officers or zoning officials; they are not police officers, prosecutors or judges; they are not department directors or HR managers. Nor are they trained or

authorized to perform any of those duties. And (warning!) they may not be insured if they do them. Moreover, if the elected officials usurp those hired to manage or carry out those duties, they may (and probably will) have a real problem holding employees accountable.8 The person elected to govern is responsible for making rules and policies that best serve the community.

Elected officials select the professional leadership hired to carry out those rules and policies, and adopt a budget to allocate the resources necessary for employees to succeed. The role of the elected official is to enable and manage those who oversee and deliver services to constituents. Manage the managers, not front-line employees.

What Am I Doing?

During the course of a given meeting you may be asked to play several distinct roles at different times. Sometimes you will be exercising broad legislative discretion and making laws and policies.9

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Who Are Those People?

Every city has the benefit of several advisory boards and commissions of volunteer residents who develop subject matter expertise in one of the city’s areas of operation. With a few exceptions,12 all these bodies are advisory only.

The governing body is free to accept, modify or reject recommendations they make. Their opinions have weight because of their expertise and deep dive on issues. But they do not have the broad perspective the governing body has, or the need to prioritize, balance and fund multiple departments and services like the governing body has.

Give the advisory bodies deference and respect. However, elected officials are the people selected by the residents to make decisions.

The End At other times, you will be administering the laws and policies already made.10 Officials need to be sensitive to what exactly it is they are being asked to do in each instance, and to adjust their thinking and what they say and do to align with the nature of that particular process.

When a city governing body acts legislatively, the courts must defer to the city’s right to exercise broad discretion, to select a course of action from among any number of reasonable alternative policies or laws (the speed limit could be 20, 25 or 30 depending on a lot of factors and legitimate considerations, but you have to pick only one speed limit for a given location.) A court reviewing a legislative decision starts with the assumption that the city was right. A challenger has to convince the court that the city council’s determination was irrational, and that it was not even fairly debatable for the city to have made that choice. The court will hear evidence about the process used and context bearing on the decision and will decide the case based on the evidence presented in the courtroom.

But when a city acts administratively (for example, deciding whether a given applicant meets the established criteria to get the license or permit sought), the decision has to be based on those 8

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previously established criteria, and it has to be based on evidence presented to the city council that bears on those criteria (and no others.) When an administrative decision is challenged in court, the court does not defer to the city or presume the city was correct.

Both sides start even. In reviewing “contested” administrative cases the court reviews the evidence presented to the city that is in the record of the proceedings at the time the decision was made. Depending on the formality and rules under which the city proceedings were conducted, 11 an “uncontested” administrative proceeding before the city does allow the challenger to present new evidence to the court and not be bound just by the record made at the city.

The differences in how a court approaches these cases depends on the nature of the decision (legislative versus administrative.) And the level of process afforded by the city in administrative proceedings (contested administrative case versus non-contested administrative case) can make a huge difference in the outcome. These distinctions should influence how you conduct yourself when the matter is before you. Your lawyer should be able to orient you to what kind of situation each matter is and what that means for what you say and how you make a decision.

Serving your neighbors by holding elected municipal office can be an extremely rewarding experience.

Those who make a real mark on their community, and take the most satisfaction from their service, tend to be those who best adapt to the collegial and collaborative environment local government requires. Those who are always trying to “win” against colleagues with whom they may disagree from time to time, or micromanage city employees or city services, tend to be frustrated and burn out.

Collaboration is the core of local governance. So, next time you go to a city council meeting, pick one of your colleagues and collabor them right to their face. They just might collabor you back!

Kevin O’Keefe is a lawyer and principal in the firm of Curtis, Heinz, Garrett & O’Keefe, PC in Clayton, MO. His practice is focused exclusively on representation of local governments. He serves as general counsel to multiple cities in the St. Louis region, and provides special counsel services to cities across Missouri. He is tall, handsome, witty, tender, patient, intelligent, caring, funny, empathetic, supportive, loyal and reasonably well groomed. Parts of this biographical note are true. Other parts were written by Kevin.

Contact MML for endnotes at (573) 635-9134 or info@mocities.com.

FEATURE Review

by Karen Goodwin

Parliamentary Procedure For Everyday Meetings

Parliamentary procedure is a valuable tool for running chair agrees, they will tell the speaker to speak only to the efficient meetings but is often overlooked and misunderstood. matter at hand.

We all use it in some form or fashion in our meetings even if The other tool in the toolbox for keeping things on track we are not fully aware of how it works. is “call for the orders of the day.” This motion is used if the Parliamentary procedure was developed to run meetings agenda, rather than a specific topic, is not being followed. smoothly while ensuring all members have a voice. By using Any member can call for the orders of the day and again, a structured approach to conducting meetings, all parties discussion should cease for the chair to decide. If the chair have an opportunity to be heard in an orderly fashion. agrees, it is up to them to put the meeting back on track.

Parliamentary procedure is the same for all organizations Another common misconception is that “tabling” and and is typically adopted as their preferred procedure for “postponing” an item is interchangeable. These are actually conducting meetings. Robert’s Rules of Order is the most two very different actions. Tabling is intended for use popular format but there are other similar formats available. within the same meeting. For example, an item comes up For the purposes of this article, I will focus on Roberts for discussion and the presenter for that topic is late to the Rules of Order.

A key point to understand is that the chair or the person running the meeting is in control of the procedures. If a member wants to speak on an item, they should be 901 Vine St., Poplar Bluff, MO 573.785.9621 recognized by the chair. An agenda or order ENGINEERS WWW.SHSMITHCO.COM AN EMPLOYEE-OWNED COMPANY of business should be followed to take care DELIVERING QUALITY PROJECTS TO OUR CLIENTS of the business at hand. If there is a change to the order of business, a motion should be made to amend the agenda and voted on by the body.

During a meeting, there are a few tools in the toolbox for getting things back on track if things are veering off topic. The first and most often recognized is “point of order.”

Point of order is used when someone is speaking on a specific item and begins to discuss something unrelated to the matter at hand. Any member of the board can LAND SURVEYING CIVIL ENGINEERING call for a point of order, at which time, GEOTECHNICAL SERVICES INDUSTRIAL PARKS WATER AIRPORTS SIGNALIZED INTERSECTIONS all discussion should cease, and the chair ENVIRONMENTAL SERVICES WASTEWATER determines if they need to bring the speaker BRIDGES ROADS back onto the relevant topic or not. If the

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meeting. This would be a case where a member of the board would move to “lay the item on the table” until the presenter arrives later in the meeting. When the presenter arrives, a motion would then need to be made to “take the item from the table” and proceed with discussion.

Alternately, “postponing” an item moves the item to another meeting. If the board does not provide a specific date, the item will be placed on the agenda for the very next meeting.

Often times, the board will vote and pass an item but then a member of the board wants to change their vote. This would be a motion to “reconsider.” This can be done, but there are some rules about how it is handled. A vote to reconsider can be made in the same meeting or the very next scheduled meeting only. To add to that, the motion can only be made by a member who was on the prevailing side. For example, in a 4-3 vote that passes, only the 4 members who voted yes could move to reconsider their vote. If the motion to reconsider receives a second, the item that was previously passed comes back to the floor for a final vote of all members. So a member on the prevailing side is required to bring it back to the floor but all members get to cast their vote again.

Situations arise during meetings where the board needs to veer from the orders of the day because, as we all know, the best laid plans do not always play out the way we would like.

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Perhaps there is a need to hear from someone in the audience who is not set up to speak. In this case, a board member can move to “suspend the rules.” This motion requires a second and a vote of the board but allows for a temporary change in the orders of the day for a particular purpose. Readers should be cautious before suspending the rules to be sure it would not conflict with the Missouri Sunshine Law that requires public posting of all agenda items. Consult with your city attorney with questions about Sunshine Law requirements.

For a municipality, the main motion, or the motion to approve an item on the agenda is most prevalent. Typically, a bill is introduced by a board member and read for the first time, a board member would then move to read the bill for a second time, seconded by another board member and now the bill is on the floor for discussion. After the discussion takes place, the chair calls for a roll call vote of the board for final passage of the bill to become an ordinance.

Parliamentary procedure, which includes Roberts Rules of Order, can be a somewhat mundane topic, but in reality, it is an essential tool for efficient and effective meetings. Although it is used by organizations worldwide, our municipal governments are the most visible and accessible examples of why it is important.

Karen Goodwin, MPPA, MMC, MRCC, is the city clerk for the city of Florissant.

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FEATURE Review

by Sheila Shockey

Navigating The Social Media Landscape: Why Elected Officials Should Steer Clear Of Online Spats In the digital age, social media has become a double-edged sword for elected officials. While it offers an unparalleled platform for communication and engagement with constituents, it also presents pitfalls, especially when officials get drawn into online disputes. There are compelling reasons why elected officials should avoid engaging in tit-for-tat exchanges on social media and instead focus on disseminating information professionally.

1. Preserving Professionalism and Decorum: Public office demands a high standard of conduct. Engaging in social media spats can quickly spiral into unprofessional exchanges, reflecting poorly on the official and the office they hold. It is crucial to maintain decorum and a level of professionalism befitting their position.

NEWS FROM THE BENCH

by Tayleur A. Blaylock

U.S. Supreme Court Clarifies Whether Social Media Posts By Public Officials Are “State Action” “To misuse power … one must posting primarily about his personal The District Court granted summary life but also posting job-related content. judgment to Freed, based on the possess it in the first place.”

Lindke v. Freed - In a unanimous decision on March 15, 2024, the United States Supreme Court provided a test to determine whether public official’s social media posts are considered “state action” for purposes of the First Amendment.

At issue was the Facebook account of a city manager, Freed. Freed had originally created a private Facebook profile and subsequently converted his account to a public “page” where anyone could view his posts and leave comments. Upon his appointment as city manager, Freed updated his Facebook page with a photo of himself in a suit with a city lapel pin, and added his title, the city’s website, and the city’s general email address to the “About” section of his page. Freed continued to run the page himself, 12

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Freed frequently received and replied to comments from city residents and would occasionally delete unwelcome comments.

Following the COVID-19 pandemic, one user, Lindke, began commenting on Freed’s posts expressing his unhappiness with the city’s pandemic response. Freed removed the comments and eventually blocked Lindke, leaving him able to view but unable to comment on Freed’s page. In response, Lindke brought an action under 42 U.S.C. § 1983 for violation of his First Amendment rights arguing that Freed’s Facebook page was a public forum, and deleting unfavorable comments and blocking users who made them was impermissible viewpoint discrimination.

“prevailing personal quality” of his posts and lack of “government involvement” in his account. The Sixth Circuit agreed, explaining that an official’s activity is considered a state activity if the official is required to maintain a social media account under state law, the official uses state resources or staff to run the account, or the account belongs to an office, rather than an individual officeholder. However, in a separate case involving a similar question, the Ninth Circuit had held that the determination of whether public officials’ social media accounts were state action depends on the “appearance and content” of the pages.

Examining the Sixth and Ninth Circuit approaches to the issue, the

2. Avoiding Misinformation: Social media is rife with misinformation and rapidly spreading rumors. Elected officials engaging in back-and-forth arguments might inadvertently spread or lend credibility to false information.

Staying out of online disputes helps maintain the integrity of the information shared.

3. Focusing on C onstr uctive Communication: Social media should be a tool for constructive communication and public service announcements, not a battleground for personal or political feuds. Officials should use these platforms to inform, educate and engage in meaningful dialogue with their constituents.

4. Focus on Transparency and Accountability : Encourage your government to use social media to provide insights into decision-making processes or to explain policies. This transparency builds trust and helps constituents understand the complexities of governance.

Supreme Court rejected the Ninth Circuit’s “appearance and content” standard and determined that for a public official’s posts to be attributable to the state, the public official (1) must possess actual authority to speak on the state’s behalf; and (2) must have purported to exercise that authority when making the social media post.

The Court explained that the public official’s state authority “must be real, not a mirage” and must come from a statute, ordinance, regulation, custom or usage. The Court further noted that the “appearance and function of the socialmedia activity are relevant at the second step, but they cannot make up for a lack of state authority at the first.” The Court cautioned against using “excessively broad job descriptions” to conclude the public official has authority to speak on behalf of the government, explaining that the relevant inquiry is whether making official announcements “is actually part of the job that the state entrusted the official to do,” and not whether it could fit within the job description. The Court remanded the case to the Sixth Circuit

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for consideration under this new test.

This decision provides some clarity on the use of social media that public officials should keep in mind.

The Court acknowledged that the line between private and state action can be blurry but emphasized that public officials have their own First Amendment rights – including the right to speak about their employment in a personal capacity. Disclaimers and designations – either personal or official – may help to provide clarity on whether the social media page is personal or one that purports to speak on behalf of the government. However, the Court noted that such disclaimers cannot be used to insulate government business from scrutiny by posting on a personal page.

For ambiguous or mixed-use pages, like Freed’s, courts must conduct a fact-specific analysis of the content and function of the posts to determine whether they are state action. Similarly, because Freed deleted comments and blocked Lindke, both actions must be examined. The Court cautioned that blocking on a mixed-use page requires consideration of whether each post the blocked user wishes to comment on is state action – which may increase the chance of liability. For deleted comments, the only relevant posts for the First Amendment analysis are those from which the comments were removed.

Tayleur A. Blaylock is an associate attorney with Cunningham, Vogel & Rost, P.C. She represents the firm’s municipal clients in general municipal issues.

This article reprinted with permission from Cunningham, Vogel & Rost, P.C. from the March 27, 2024, Municipal Report: https://www.municipalfirm.com/post/ us-supreme-court-clarifies-whether-socialmedia-posts-by-public-officials-are-stateaction. www.mocities.com

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By Sheila Shockey & Stephen Arbo

Welcome to the challenging yet rewarding world of local government leadership. As a newly elected official, you’re brimming with the desire to make a meaningful difference in your community. However, it’s easy to find yourself mired in the day-to-day issues that constituents face, such as potholes, peeling paint, and barking dogs. While these issues are important, they can lead to a sense of problemsolving paralysis, preventing you from focusing on the bigger picture.

Authors: Sheila Shockey, Founder | CEO | Futurist, Shockey Consulting Services. Shockey provides award-winning management, planning and public participation services to federal, regional, state and local governments from our offices in the Kansas City and St. Louis region.

Stephen Arbo, retired City Manager, City of Lee’s Summit, and Principal of Arbo Consulting Services.

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theReview May/June 2024

REDEFINE YOUR ROLE Firstly, understand that your role isn't just to be a problem-solver; it's to be a visionary. Your community elected you not only to address the immediate issues but to guide them towards a better future. This requires a shift in perspective from reactive to proactive leadership.

MEASURE AND CELEBRATE SUCCESS Set clear, achievable goals for your big ideas. Celebrate small victories along the way to keep the momentum going. This not only keeps your team motivated but also shows your constituents that you're making progress.

Remember, your legacy as a local EMBRACE BIG IDEAS government official will be defined Think about what made you run for by the big ideas you champion and office. What are the larger issues and the positive changes you bring about. opportunities in your community that Break free from the problem-solving you are passionate about? Maybe it's paralysis and focus on what truly matters improving local service delivery, “As elected officials, we need to constantly evolve and improve. supporting economic Leadership training and honing our people skills are not just development, optional; they are essential tools for us to become more effective or enhancing leaders throughout our careers. Staying static is not an option if we community aim to truly serve and represent our communities effectively.” engagement. These big ideas should be Maxine Weil, Former Mayor and the core of Current City Council Member, Olivette, MO your agenda.

BALANCE IS KEY This doesn't mean you should ignore the small stuff. Constituent concerns are valid and need attention. The trick is in finding a balance. Know your role as an individual local official. Empower staff to use technology and streamline responses to everyday issues. This frees up time and energy so elected officials and staff can focus on larger projects.

ENGAGE AND INSPIRE Big ideas become reality through collective effort. Engage with your community, local businesses, your fellow elected officials, and other stakeholders.

Share your vision and listen to their input. When people feel heard and included, they become your allies in bringing about change.

– transforming your community and inspiring those around you.

LET'S BUILD STRONGER LEADERS TOGETHER! Learn more about how to make your vision a reality by attending our Elected Officials Masterclass. Our Masterclass helps new and veteran elected officials learn how to govern effectively and efficiently, improving the communities they serve. Learn more at shockeyconsulting.com/masterclass

Tips for Managing Social Media: • Establish Clear Social Media Policies: Develop and adhere to clear social media policies that outline what is appropriate to post. These guidelines should emphasize the importance of maintaining a professional tone and avoiding engagement in controversial or divisive discussions.

• Repost Official Information and Delegate to Professionals: Elected officials should primarily use their social media to repost information from the official city public information officer (PIO). This ensures the information is accurate, vetted and relevant. It is beneficial to delegate the management of social media accounts to communications professionals. They are trained to handle online communication effectively, helping to avoid gaffes and ensuring that the content aligns with the official messaging. Employ the skills of professional content creators to ensure that the material shared is not only accurate but also engaging and accessible. This might include well-produced videos, infographics or other multimedia content that effectively communicates key messages.

• Engage Constructively: When engaging on social media, focus on constructive and informative discussions.

Again, use official information from the PIO. Avoid responding to provocations and maintain a tone that is respectful and dignified. Instead of engaging in disputes, use these platforms for direct interaction with constituents. Host Q&A sessions, share updates on local

projects or gather feedback on community issues. This approach encourages a more positive and constructive online community.

• Regular Training: Elected officials and their staff should undergo regular training on best practices for social media use, including understanding the nuances of digital communication and the importance of maintaining a professional online presence. Regular training sessions on digital literacy and ethics for officials and staff are crucial. Understanding the impact of digital footprints and the ethical consideration of online behavior is essential in today’s interconnected world.

By incorporating these tips, elected officials can navigate the challenges of social media, using it as a powerful tool for effective communication and engagement, while avoiding the pitfalls of online disputes.

While social media is an invaluable tool for elected officials, engaging in online disputes can be detrimental to their reputation and effectiveness. By focusing on professional, informative and constructive communication, and leaving the management of these platforms to trained professionals, elected officials can leverage social media positively and responsibly.

Sheila Shockey is the CEO and futurist with Shockey Consulting.

Shockey provides award-winning management, planning and public participation services to federal, regional, state and local governments from offices in the Kansas City and St. Louis regions. Contact Sheila at sheila@shockeyconsulting.com or (913) 248-9585.

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FEATURE Review

Building Relationships With Your Legislator Your Voice Makes A Difference!

In Kirksville, Mayor Zac Burden (right) meets with Missouri State Representative Greg Sharpe.

Missouri State Representative Anthony Ealy (left) attended the brickbreaking ceremony to begin construction on a new DMV in Grandview, Missouri. Grandview Mayor Leonard Jones is center.

The MML Board of Directors and staff work continually to promote the interests of municipalities to both state and federal legislators. However, the most effective legislative communications come from you! As an elected official, you are in the best position to know the needs of your community and to share how legislation affects your city, town or village.

The best time to develop a relationship with legislators is before session begins. As a local official, you understand the effectiveness of your work often depends on the quality of your relationships. This statement is also true with state lawmakers. Do not neglect the time and effort it takes to build these relationships early!

The League encourages you to consider how you can begin building these relationships today, or strengthen your current outreach.

• Schedule a visit in your community: Invite your legislator to events, consider hosting a local dinner before session or simply meet for coffee.

• Make sure your legislators are receiving your city communications: Keep them engaged!

!

•

• • • •

City of Columbia Mayor Barbara Buffaloe (Ieft) at a ribbon cutting ceremony with Missouri Governor Mike Parson.

Visit Jefferson City during the legislative session: Show your legislator you are engaged in the legislative process. It is also a great opportunity to meet legislative staff and establish relationships that can help you better access your legislator when needed.

Call them: It is impactful to place a call to your legislator’s office to provide your views on proposed legislation or to send a message on the day of the vote.

Email: They really do read your emails! However, it is crucial that this is an original note from you. Form letters are easily overlooked.

Write a letter: Just like a phone call or email, your letters are reviewed by legislative staff. Be courteous, concise and make your letter original.

Find a way to be personally helpful: When a legislator and/or their staff trust you as a resource for local municipal questions, you are in a better position to share how proposed legislation affects your community.

Do not neglect the time and effort it takes to build these relationships early!

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Communicating Do’s Regardless of the form your communication takes, here are a few things to remember: • Be concise – Know what points you want to make and keep them brief.

• Be accurate – Make sure your facts and information are correct.

• Be original – Personalize your form letter with local data and letterhead.

• Be courteous – Always be professional, even when unhappy with a vote.

• Be clear – Make a specific ask, such as vote “no”/ vote “yes.”

• Be persistent – Remind the legislator of your position – this also tells the legislator that you are still interested in how he or she votes.

• Be timely – Gauge when to communicate based on where the bill is in the process.

• Be certain to follow up – Send a thank you or acknowledgment of their vote.

• Be involved in the Missouri Municipal League – Our legislative staff will be glad to assist you and provide guidance on when and how to communicate, provide details and the status of legislation and assist with meetings, both in Jefferson City and in your municipality.

City of Cameron officials and staff visited with state legislators during the MML Legislative Conference in Feburary 2024. (l-r) City of Cameron Mayor Pro Tem John Breckenridge, Utility Director Zachary Johnson and City Manager and MML Board Member Steve Rasmussen.

Governor Mike Parson (left) and MML President Matt Turner, Alderman, Harrisonville, at the 2024 MML Legislative Conference.

MML Legislative Toolkit 2024 Advocating For Your Municipality

MML Legislative Toolkit | 1

MML offers more tips regarding effective advocacy for your community, the legislative process, contribution and gift laws for state officials, a glossary of legislative terms and more on the League’s website. Visit www.mocities.com/ advocacy to download the toolkit!

Missouri State Treasurer Vivek Malek (left) and city of Ellisville Mayor and MML Board Member Mike Roemerman.

(l-r) City of Perryville Alderman Doug Martin, Missouri Representative Rick Francis, Missouri Representative Jamie Burger, city of Perryville Mayor Larry Riney and Alderman Dave Schumer.

www.mocities.com

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theReview May/June 2024

missouriamwater.com

FEATURE Review

What Your City Attorney Wishes You Knew Your municipal attorney is a valuable resource! The following is a collection of tips and advice from municipal attorneys around the state of Missouri who guide elected officials each day and help them navigate municipal law to best serve their communities.

Elected municipal officials, especially new ones, sometimes have a fundamental misunderstanding about how local government works. Whether you are a council person or even the mayor, individually you have very little power. People get elected and they think that they are going to single-handedly change the city. You cannot. The system is designed to block that. As a group, however, the council, working with the mayor, can do almost anything. So, the key is consensus.

To be successful you have to be patient and have good interpersonal skills. When one person tries to blast over the other players it creates resentment. Usually, the council will descend into fighting, and less gets done rather than more. First-time elected officials who try this either end up learning to work as a team or leaving the council. The sad part is that when they leave they often do not understand why they failed. They blame “politics” or the personalities of the other elected officials. We try to teach the fundamentals of municipal governance but we often forget to talk about the very basic interpersonal skills that are required.

In my 27 years of practicing law in the local government area there is one piece of advice I try to give to all newly elected local officials: Promise only process; never promise outcomes.

Nathan Nickolaus Lauber Municipal Law

CJ Dykhouse County Counselor

Boone County, Missouri

You can promise to look into a constituent's concern. You can refer a vendor to your entity’s procurement process. You can promise to review a land use concern. But … if you make a promise on an outcome (“I will change that zoning”; “I will get the city to buy from your company,” etc.) you will get yourself in deep trouble fairly quickly for all sorts of reasons.

An official can provide excellent constituent service promising process.

Avoid the temptation to give promises about ultimate outcomes.

Once litigation begins, it is usually too late for your attorney to “fix” the problem; if you want to keep a problem from becoming litigation, get your attorneys involved earlier rather than later. Once litigation begins, we can offer advice on how to keep similar problems from occurring in the future, but the problems are largely not of the attorneys’ creation or prerogative to fix. Most “fixes” are policy decisions and the legislative and administrative arms of the city need to determine if they want to take the steps to make the fix or not. Sometimes it will not be worth making the fix either because of administrative or monetary burdens. But please understand that all your attorneys can do is offer advice. It is up to the client to take and implement the advice.

Tara M. Kelly

Senior Associate City Attorney, City of Kansas City, Missouri

www.mocities.com

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Under the Missouri Sunshine Law, email correspondence between a quorum of the members of a public governmental body may qualify as a public meeting if public business is being discussed. Emails for ministerial purposes (e.g., an email confirming the date of a public meeting) are fine, but please do not discuss substantive questions of public policy with a quorum of your fellow legislators by email.

Andrew R. Bramman

Lashly & Baer, P.C. I wish that all municipal officers realized and understood that, under Article VI of the Constitution of the United States, they take a solemn oath to support the Constitution of the United States and federal laws over any other state laws, and that it is the province of the courts to determine what this means in any given situation; their discretion in any official situation being circumscribed by these supreme laws and court rulings, and not by their personal opinions or preferences, no matter how elevated or lowly the public office they hold.

In 48 years of municipal practice, I have witnessed a number of public officers who think that, since they were elected to their office, they are authorized to take legal actions based upon their personal preferences in the administration of the offices they hold. Very few think back to the oath they had to take upon assuming office. A substantial number seem to think that taking their oath is just a quaint traditional ceremony. I would wish to inform them that it is not.

Christopher J. Miller City Attorney Doniphan, MO Naylor, MO

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theReview May/June 2024

I wish municipal officials knew that a legal solution is almost never the answer to solving a city’s (or particular official’s) political or personal relations problem. The operation of city business lends itself to a host of problems that arise that make matters unpleasant, arduous or even annoying sometimes (for example, a lone wolf alderman or activist that weaponizes the Sunshine Law.) All cities, from time to time, draw the attention of individuals who oppose the direction of the majority of Board of Aldermen, whether those opponents are city officials or not, and whether they are wellmeaning or not. Using legal mechanisms to shut them down or minimize their concerns will almost always worsen, rather than alleviate, the political problems.

Political problems require political solutions.

Joe Gagnon Gagnon Law Firm

1. It is easier and cheaper to avoid legal problems than to fix them.

2. Treat every post, email and text message as if it will be read in a deposition or trial.

3. You have no expectation of privacy in anything you do in public.

Likewise, you have no expectation of privacy in anything you post online, regardless of the privacy settings.

4. All at-will employees can be fired for any reason, or no reason at all, even for things they did on their own time, where they were not representing the municipality, and no laws were broken. Quit treating them as union employees.

5. This is probably not your full-time job. Please understand that and treat it as such.

6. You are not required to give raises to employees annually unless there is a contract or collective bargaining agreement in place.

M. Todd Miller

Law Office of Todd Miller, LLC Do not send text messages about official business. If you need to communicate in writing, send an email. It is not illegal to text about official business, but when you get a Sunshine Law request or a subpoena for all your communications about a particular topic, it is far easier to search through your email inbox and compile all your records than it is to go through all your text messages and take screenshots of anything relevant.

And as the saying goes, "dance like no one is watching; email like it may one day be read aloud in a deposition."

Brian J. Malone Lashly & Baer, P.C

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FEATURE Review

What I Wish I Had Known Before I Was Elected: Advice From Experienced Elected Officials

I wish I had known that citizens want your time and your answers to their pressing needs. The time and energy required to be adequately effective in the duties of Mayor is understated. There is no such thing as a part-time Mayor. A leader does not clock out at 5 p.m. and end the workday.

Several small interest groups have an agenda that does not account for the needs of the people and the future focus of the city. Policies sometimes get off course, even when the policy’s purpose is to improve the quality of life for all people. ~Ella Jones, Mayor, Ferguson

I wish I had known how to truly listen better. I talk with people all the time and thought this would be a natural part of the role for me. Real listening was a far more complex skill. When confronted with questions and concerns, my first response was to explain. If I could explain well enough, share enough information, and give enough context, surely people would see it my way. While there is room for explanation and even convincing, it goes nowhere without first listening to someone’s concerns, identifying the values in play, and acknowledging what is at hand. ~Zac Burden, Mayor, Kirksville

It is crucial to embrace community feedback, even when it is critical.

Rather than taking pushback personally, try to recognize that criticism often stems from a sense of ownership. The goal is to engage the community. And when people care, strong emotions come up. One resource I have found invaluable is Peter Block’s “Community: The Structure of Belonging.” Block emphasizes that as leaders, our role is not to deflect criticism, which can foster apathy, but rather to be curious about it. Community dissent, when given space to be heard, can evolve into commitment and investment. ~Megan Huether, Alderman, Manchester 22

theReview May/June 2024

The easy answer would be the reward for serving the community.

The real answer might be the level of effort it takes to accept the responsibility of being a good steward of community resources. The job will find you drawing on your professional skills, your understanding of all facets of local government; Finances, Capital Improvements, Public Safety, Community Development and personnel to name a few.

Learning what resources are available to you as an elected is super important. Lastly, the reward of serving and working along side a quality professional city staff to bring outstanding services to the community. ~Chuck Caverly, Council Member, Maryland Heights, and MML Board Member

I wish I had known before I ran how much of an impact being an elected official can make on my community.

I have been serving as the mayor of Grant City since 1998 and it is one of the most rewarding things I have done in my lifetime. Being able to work with your council to improve the quality of life and help sustain your community is one of the best experiences you can have. I would like to see the younger generations get involved so they can see for themselves the impact they can make on their community. ~Debbie Roach, Mayor, Grant City

I wish I had known that local city governance can be a real mix of “Parks and Rec” and “House of Cards.” Sometimes it is both in the same day, which can leave me reeling like Leslie Knope in need of a waffle. ~Stacy Kinder, Mayor, Cape Girardeau

One thing that I had to learn after being elected was patience. When I see a problem or something that needs to change, I want to be able to fix it immediately, like this instant, but that is not always possible. There are policies and procedures in place to be able to make the changes we need or want, but we have to follow the process and that can take time.

Another is while we have the ability or freedom to make changes to our ordinances or laws within the city, we are still limited or governed by the state. ~Matt Turner, Alderman, Harrisonville, and MML President www.mocities.com

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

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theReview May/June 2024

Though I served on Kirkwood’s Planning & Zoning Commission for three years prior to my first term, it turned out I had a whole lot to learn after taking the oath my first time in 2012. Unlike similar municipalities of its size, Kirkwood (pop. 29, 500) has three enterprise funds (electric, water and sanitation), and its own police, fire, street, and fleet departments, etc., staffed by more than 285 full-time employees.

If I had had a better understanding of the inner workings of those departments, as well as a firmer grasp of the Sunshine Law, Robert’s Rules of Order, government/municipal protocols and related rules of the road, I might have been more effective - and less unsure of myself sooner.

A major revelation was the new “voice” I would gain and what I needed to learn to effectively communicate with other elected leaders at the local and the state levels. How to best use that new “microphone” took some doing … if I have yet to master it.

Though some aspects of being an elected official can be trying at times, and some meetings feel endless, there will also be times when we make a positive difference in a person’s life or in our communities that reap a sense of real accomplishment. ~Nancy Luetzow, Council Member, Kirkwood

I do not believe that any newly elected official fully understands the issues they will face when they first take office. It may be very difficult to sort through problems the constituents bring before you and which solutions are likely to affect only a few as opposed to those that will impact the whole community.

If I speak only to one thing I wish I had known before being elected, it would be what resources are made available through the Missouri Municipal League. The training and networking help to provide the basics of everything from administration to zoning. It has made me a more effective servant of the people. ~Bill Sherman, Mayor, Duquesne

M I S S O U R I

Missouri City View explores the dedicated work happening in municipalities and how it directly impacts Missouri citizens.

Listen and subscribe anywhere you download your podcasts!

PODCAST www.mocities.com

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FEATURE Review

by Karen Shannon

Building And Sustaining Trust For managers, and particularly elected officials, each action you take, big or small, presents an opportunity to build trust with your team or your constituents. Many of these actions are part of ongoing interactions in your day-to-day work and might not be thought about in terms of trust. When challenging situations arise, you must make conscious choices about what you say and do that will build or sustain trust with others.

In the workplace, we can build trust – to show we are trustworthy and that we trust our team. When there is a high level of trust within a team, it has a significant impact on retention, employee engagement, innovation and collaboration. These same principles can be applied to the constituents we serve, whether internal or external clients or community members.

As leaders, we build trust by fostering open communication, being reliable and consistent, treating everyone with respect and fairness, and by showing confidence in others.

To foster open communication, consider the following: • Listen first to understand.

• Let others see where you need help or understanding and rely on their Construction expertise.

Administration • Seek and consider other viewpoints that do not align with your position.

• Do not shoot the messenger who brings difficult issues to the table.

• Be willing to discuss undiscussable or sensitive topics. This eases discomfort and encourages others to speak openly.

When leaders are reliable and consistent they keep their commitments, act with integrity, and adhere to organizational values. Leaders build 26

theReview May/June 2024

trust by treating everyone with respect and fairness, demonstrated by seeking and valuing unique opinions, acting without bias, showing concern for other’s welfare, and ensuring everyone receives due recognition and credit.

Showing confidence in others not only builds trust but can be critical for new leaders. Proactively include others, let team members lead, allow learning from mistakes, and advocate for your team.

Just as trust is built and sustained through day-to-day actions, trust can be damaged or broken through everyday occurrences, particularly if it is a pattern of behavior. Consider some ways trust can be broken: • Bre a k i ng prom is e s su ch as neglecting to keep commitments, failing to follow through, or betraying confidences.

• Acting inconsistently, such as s h o w i n g f av o r i t i s m , b e i n g temperamental or unpredictable, or sending mixed messages.

• Serving our own interests or when making assumptions such as not checking facts, failing to consider the ideas of others, or act on preconceptions.

• Doubting others by micromanaging.

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• Keeping authority when delegating responsibility.

• Taking over others’ ideas.

If you do break trust, you will want to take responsibility for and acknowledge what you said or did, especially if you have made a mistake. Begin to rebuild trust by talking directly to the person about it. That discussion may be uncomfortable, and you will want to prepare for it. In planning to repair trust, using empathy and being sincere are key. Know that it takes more time and effort to repair broken trust than it initially took to build it.

Sharing your thoughts and reasons behind your decisions lets your team know you trust them. As trust and understanding grow, so does open communication. This creates an environment where teams can thrive, collaborate and achieve important things together.

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Karen Shannon is vice president Business Consulting/CHRO for Ollis/Akers/Arney. She may be reached at Karen.Shannon@ollisaa.com.

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Let Us Help You! Since 1934, MML has served local government officials with advocacy, expert training and reliable, up-to-date resources. With 650 member cities, we are proud to share our 90 years of experience equipping local government leaders with the most effective tools to run your city well. A focused and active board of directors is made up of representatives serving from each area of the state.

It is important to note that when your city is a member, it means you are a member! Consider MML as your go-to resource to help you serve your community well.

Advocacy REVIEW

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

THE MISSOURI MUNICIPAL

REVIEW

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

THE MISSOURI MUNICIPAL

November/December 2023

Housing Issue

Affordable Housing, Homelessness Nuisance Abatement and much more!

March/April 2024

Harrisonville CITY OF

Where Tradition Meets Innovation

www.mocities.com 2023 1 Short-Term Rental Regulations | Planning and Zoning | MML Annual Conference

www.mocities.com Employee Surveys | Swimming Pools vs. Splash Pads | POST Certification

MML represents your community at the state and federal level. Your advocacy team works every day at the Missouri State Capitol during the legislative session to protect local decisions for local communities. An important Capitol Report is emailed to you each week during the session to keep you apprised of the top issues and proposals affecting cities.

Members can also access a legislative toolkit that shares more about the Missouri legislative process, how to read a bill, important communication strategies for meeting with legislators and a glossary of legislative terms.

1

Training and Networking What Goes Into Your City’s

Right Of Way?

What is a Right of Way? Right of Way (ROW) is a city-managed strip of land where streets, sidewalks, utilities, and other public and private facilities are located.

ROW widths vary, but typically consist of the street and approximately 20 feet on both sides of the roadway measuring from the center line of the roadway.

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

Learn and network through conferences, training sessions, regional meetings, webinars and the MML Municipal Governance Institute. MML conferences include a Legislative Conference each year in February, an Elected Officials Training each June, and our Annual Conference each September. The Annual Conference brings nearly 700 local leaders together for dozens of sessions, keynote presentations and an exhibit hall with 150 organizations sharing an important product or service.

MML regional meetings provide members the opportunity to hear from expert speakers closer to home and network with neighboring municipalities to share common issues.

Certification Program

Become a Certified Municipal Official through the MML Municipal Governance Institute. Nearly 200 officials are currently enrolled to earn their certification, and an advance certification is now available as well.

Most credits for the program can be obtained via MML conferences, trainings and webinars. The valuable skills acquired during the program will benefit your municipality and the citizens your serve.

Access to Tool and Resources

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Log into your profile at www.mocities.com and view MML’s One Stop library to access sample ordinances, policies, articles, Attorney General opinions, municipal survey results (e.g. tax rates and salary data) and more, all sorted by topic. In addition, the site features a Product and Service guide that shares the expertise of MML Participating Affiliates.

Responses to Your Questions

M I S S O U R I

Mi ex wo mu ho Mi

From animals to zoning, your municipal questions are promptly answered by expert MML staff. They can assist you with your specific question and point to you to additional resources.

Publications for Members Only

Members receive the MML Review magazine, a bi-monthly e-newsletter, handbooks that dive deeper into important topics and fact sheets that provide a top-level overview. In addition, watch for MML Capitol Reports and legislative alerts to keep you engaged with proposed legislation.

MML Listservs

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

MML Policy Meetings

Did you know you can help shape League policy? Add your voice to the direction of the League and how we advocate by joining one of four MML policy committees. Members meet with their committee once per year in June to review and update their policies. In August, a Resolutions Committee meets to review any changes, and the proposed policy is voted upon each year by full membership at the MML Annual Conference. Committees are: • Economic Development and Human Resources • Finance and Taxation • Municipal Administration and Intergovernmental Relations • Environment, Energy and Sustainable Development Be sure to take advantage of all MML has to offer and take an active role.

Contact the League at (573) 635-9134 or email info@mocities.com. If you are not receiving notices, the MML Capitol Report and the MML Voice newsletter in your inbox, let us know! Visit www.mocities.com to learn more about how we serve as a united voice for Missouri municipalities.

PODCAST Missouri Municipal League

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(Single copies available to member cities at no charge.

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Missouri Municipal League Mission:

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Learn more at www.mocities.com!

www.mocities.com

29

Municipal Governance Institute

Become A Missouri Certified Local Government Official!

To reward your commitment to the continual process of learning new skills and abilities in the local government field, MML sponsors the Municipal Governance Institute. Participants who complete the program are designated as "Certified Municipal Officials" by the Missouri Municipal League.

Participants complete 12 hours of study in core areas and four hours of elective training.

The program is open to both elected and appointed municipal officials and utilizes existing MML training opportunities, such as conferences and online training, as well as specially-crafted workshops to provide meaningful and useful information.

FACTS & FIGURES • The program is open to both elected and appointed municipal officials.

• Electives allow officials to focus on leadership-based courses.

• Registration is accomplished with ease and speed.

• The program utilizes existing MML training such as conferences and online training, as well as custom-crafted workshops to provide meaningful and useful information.

BEGIN TODAY!

Find full details and an enrollment form at www.mocities.com.

QUESTIONS?

Call 573-635-9134 or email info@mocities.com.

Earlier construction through design-build reduces overall schedules and saves money.

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theReview May/June 2024

MML members who have received designation as a "Certified Municipal Official" are now eligible for an advanced certification program, or AMGI. The advanced program offers increased challenges and rewards, requiring the completion of study in 14 core areas.

Each custom-crafted module is tailored to assist Missouri local officials in their mission to better serve their communities.

MGI STAFF Emily Koenigsfeld, Event & Training Manager Stuart Haynes, Director of Administration & Policy

LOCAL GOVERNMENT Review

Getting To Know You. . .

BWAYNE SMOTHERSON Council Member City of University City What sparked your interest in serving in local government?

My interest in serving was sparked by two main issues: The lack of attention to the unpaved streets in the third ward and Olive Boulevard, which is our main thoroughfare, that had not seen any significant commercial development in decades.

Partnering with another city council member, our vision came to fruition in the fall of 2022 with the development located at Olive Boulevard and I-170 known as “Market at Olive.” New businesses flank both the north and south sides of the street attracting thousands of local and neighboring residents to Costco Warehouse, Raising Canes, First Watch, Chick-fil-A and more. And, there is more in the works as we continue to develop the land. A few blocks east at the northeast corners of Olive Boulevard and North & South Road we have added a QuikTrip, much to the delight of the third ward residents.

These accomplishments have brought in millions of dollars in additional revenue to University City, produced hundreds of jobs, and created a unique revitalization fund for the third ward.

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

The toughest lesson I have learned is that people will not necessarily see things my way. So, I must be prepared to clearly discuss the benefits. Because of that fact I am working hard to become a better communicator. I have also learned it is important to not only establish relationships with the people I represent but also with those outside of my ward.

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

Complacency and division I believe are the biggest issues some local governments face. There are local governments that seem to get it and serve the people they represent well, while others either do nothing, serve their own personal interests, or are so unwilling to compromise that nothing gets done.

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

Talk to at least two people in similar positions asking questions about the pros and cons. Attend local meetings so that you become more familiar with community issues. Then decide if your skill set, personality and views will be of benefit to your community. Above all, have some sense of what you would like to accomplish and how the community will benefit. Add patience to the mixture and move forward with your mission.

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

I would describe my city as DIVERSE! We are a city of similarities that connect us and differences that sometimes divide us. My city is enriched with many cultures, and it welcomes those from every working class. It is tough on crime and continually strives to make and keep all neighborhoods SAFE! University City, also called Tree City, is admired and sometimes envied for its beautiful tree-lined neighborhoods (I live in one.)

We also have a uniquely loyal alumni. But most of all, this historic City is centrally located!

What are your interests outside of local government?

I am a percussionist/drummer. I play and sing in local bands and churches. I used to love playing sports but at my age, now I just watch.

Where would you most like to travel, and why?

I would like to travel to warm climates where I can be outside. Hawaii is definitely on my bucket list. Seeing the Grand Canyon for the first time blew me away!

Exploring the rest of this country would be amazing. www.mocities.com

31

LOCAL GOVERNMENT Review

Getting To Know You. . .

DAN HARTMAN Alderman City of Smithville What sparked your interest in serving in local government?

I had always taken an interest in what our local municipalities were doing. I did my best to keep up with everything that was happening in Smithville by following along at meetings in person and online. I joined the Economic Development Committee as a citizen in 2019 and filed to run for office in 2021. I served my first two-year term as an Alderman in 2021-2022, then ran for reelection in 2023 and won. I truly found out that I only knew about 10% of what was happening and when I was elected, I learned about the other 90% of local government over the past three years.

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

Leading from the bow of the ship and not getting involved in the engine room. Our city leaders do an amazing job leading and we, as elected officials, need to trust them to keep the day-to-day business going. Also, I have been learning to provide tons of grace and forgiveness for citizens who feel like you are not doing a good job.

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

Being unified as elected officials is of utmost importance.

We may not always agree with the other elected officials, however, we have to maintain an open ear and mind to what they are saying. I believe one of the hardest things for local government is communicating to all the citizens of the community on the decisions we make as elected officials. Everyone receives this information differently and it is a major challenge to find a communication method that fits everyone.

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

It is not about me; it is not about now. It is about the future generations, and we must look to how our decisions will affect future generations. As an elected official, we must be servant leaders and provide as much grace to each citizen.

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

Our city is a place people want to visit. We have a beautiful downtown, thriving businesses, sidewalks, trails, a campground and a great parks and recreation department, along with a 7,000-acre lake that provides something for everyone. Our city is located within 18 minutes of the Kansas City International Airport and we host several events year-round in Smithville.

What are your interests outside of local government?

I love working on my cow/calf operation. I serve on several other volunteer boards in Kansas City as well. I love spending time with my wife and traveling to visit our adult children and granddaughter. I also love going to the lake with friends and eating at local restaurants in our community, as well as surrounding communities.

Where would you most like to travel, and why?

I love the mountains anytime of the year. South Pacific is where I spent three years of my Naval career and I would love to take my wife someday. New Zealand and Australia are amazing places and the people are wonderful.

Local Government Officials 32

theReview May/June 2024

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LOCAL GOVERNMENT Review

How To Make Your Crosswalks Safe: A Free Pedestrian Safety Kit For Missouri Communities

their safety program with you Over the past 10 years, the - just go to www.safeacross. number of pedestrians killed com and submit an interest has skyrocketed across the form. nation. Missouri communities tragically lost more than 100 Together, we can reduce residents in 2022 alone. traffic fatalities in Missouri.

Visit www.safeacross.com One may argue that there or scan the QR code below is not much that can be to learn more about the done, because many of these SafeAcross program. crashes involve pedestrians “jaywalking,” crossing a major Crosswalk and compliance studies help normalize yield behavior. roadway at random places.

However, a stark reality is that most program launched in 2017, local driver of our car-centric infrastructure does compliance at crosswalks has increased not offer sufficient and safe crossing 100% and pedestrian crash numbers opportunities. Another problem is have stabilized in Springfield. SGF that many drivers may not yield to Yields was recognized with a 2021 Above: Scan pedestrians in crosswalks.

Missouri Municipal League Innovation the QR code to learn more about A program has been developed in Award and has been recognized by the SafeAcross. Right: U.S. Department of Transportation as Missouri to assist with this problem. The Mr. Walker statue. a noteworthy Safe System Approach SafeAcross program is a comprehensive pedestrian safety campaign that trains practice. Springfield staff is glad to share drivers to notice crosswalks and yield.

The SafeAcross program uses the neon yellow “Mr. Walker” statue installations and crosswalk compliance studies to help normalize yield behavior.

Experts dedicated to the practice of municipal law.

The SafeAcross to olkit of fers extensive resources to educate the public and help pedestrians regain confidence in crosswalks. The campaign also includes resources for traffic safety education for schools, crosswalk enforcement, engineering solutions and more.

The creation of SafeAcross was funded by the Missouri Department of Transportation. The Save MO Lives initiative has set aside $15,000 to help Missouri communities implement the SafeAcross program. The funds help pay for the Mr. Walker statues and educational outreach and there is no LauberMunicipalLaw.com | 816-525-7881 local match required!

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theReview May/June 2024

No one can predict when service lines

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Over 240,000 water main breaks occur each year in the U.S.* There are more than 800,000 miles of public sewers susceptible to structural failure.* Join the more than 900 partners that have chosen to work with us to help protect their homeowners.

• Educates homeowners about their service line responsibilities • Provides solutions that help address aging residential infrastructure • Offers affordable plans to protect homeowners from the high cost of service line repairs • No cost to the city Contact us to learn more: Emilie Zalfini, Regional Director 412.527.2511 • Emilie.Zalfini@homeserveusa.com www.NLC.org/serviceline

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MEMBER News Grandview Road Project Recognized as 2023 Crown Community

PLANNING DESIGN

Grandview has been recognized as a 2023 Crown Community by “American City & County” magazine. The Crown Communities represent exemplary projects in roadways, transportation safety, economic development, public safety response, parks and recreation, wastewater and resource recovery, and healthcare.

Oak Grove All Women Council The Oath of Office Ceremony for Oak Grove on April 23, 2024, was a historic moment, with the first all-female Mayor and Board of Aldermen sworn in for the City, as well as Jackson County.

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Voters re-elected Mayor Dana R. Webb and Alderwoman Pam Pope, along with first-term elected Alderwoman Cierra McMichael and first-term elected Alderwoman Jamie Ballowe Ratliff.

(l-r) Cierra McMichael, Alderwoman, Ward I; Dana R. Webb, Mayor; Pam Pope, Alderwoman, Ward II; Jamie Ballowe Ratliff, Alderwoman, Ward III; Rachel Kilmer, Alderwoman Ward I; Kelly Nadeau, Alderwoman, Ward II; Tracey Newcomer, Alderwoman, Ward III.

Have you met with or contacted a Missouri state legislator? Let us know!

Your input helps MML coordinate advocacy efforts. Find a Legislative Activity reporting form at www.mocities.com/ advocacy/legislative-activity, or contact MML Executive Director Richard Sheets at (573) 635-9134 or Rsheets@mocities.com.

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theReview May/June 2024

MEMBER News Jefferson City Newly-Elected Council Members Include the City's First African-American Woman On The Council.

At a recent Jefferson City council meeting, the Honorable Jon E. Beetem administered the oath of office to the municipality’s newlyelected council members. The City not only welcomed new leadership but also celebrated the milestone of swearing in the first African-American woman on the Jefferson City Council, Council Member Treaka Young!

Congratulations to all!

In April, Jackson County, Missouri closed its Assessment Collection and Recorder of Deeds offices due to a Ransomware Attack.

Your city’s electrical power supply system is vulnerable too!

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The Honorable Jon E. Beetem (right) administers the oath of office to Jefferson City's newly-elected council members. (l-r) Randy Hoselton, Treaka Young, Mike Lester, Chris Leuckel and Mackenzie Job.

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Blue Springs Mayor Honored Blue Springs Mayor Caron Ross was honored for 38 years of public service at a retirement ceremony in April. Ross served the city of Blue Springs as an alderman and 16 years as mayor. He also served 14 years in the Missouri House of Representatives. Ross was active on the MML Board of Directors and served as MML president in 2011. MML wishes him all the best in retirement!

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Harrisonville Alderman and MML President Matt Turner (right) presents an MML proclamation honoring the dedicated public service of city of Blue Springs Mayor Carson Ross upon retirement.

www.mocities.com

37

MEMBER News & Notes MML Calendar of Events

Missouri Municipal League

WEBINARS

May 2024 15-17 ����� GFOA-Missouri Annual Conference, Lake Ozark, Missouri 17 ����� Last Day of the 2024 Missouri Legislative Session 21 ����� MML Northeast Region Meeting, Edina, Missouri 19-22 ����� International Institute of Missouri Clerks (IIMC), Calgary, Alberta, Canada 23 ����� MML West Gate Region Meeting, Blue Springs, Missouri 29 ����� MML Central Region Meeting, Jefferson City, Missouri

6-7 ����� MML Elected Officials Training, Columbia, Missouri 9-12 ����� National ADA Symposium, Minneapolis, Minnesota 13 ����� Missouri Digital Government Summit, Jefferson City, Missouri 18 ����� MML Policy Committee Meetings, Columbia, Missouri

July 2024 12-14 ����� MMAA Summer Seminar, Osage Beach, Missouri 22 ����� Missouri Brownfields Conference, Osage Beach, Missouri 30-Aug. 1 �� Missouri Main Street Connection Downtown Revitalization Conference, Kansas City, Missouri

September 2024 15-18 ����� MML Annual Conference, Branson, Missouri Find more events and details on www.mocities.com and in the MML e-newsletter.

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theReview May/June 2024

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