Missouri Municipal Review November/December 2024

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 2024

St. Peters Continues to

1 Home Is Where The Business Is | Municipal Audit Scarcity Impacts | Urbanwww.mocities.com Homesteading

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theReview November/December 2024

THE MISSOURI MUNICIPAL

November/December 2024; Volume 89, No. 6

CONTENTS Features 6

6

St. Peters Continues To Soar!

by Lisa Bedian

10 Home Is Where The Business Is: Limitations On Local Governments In A Work-From-Home World

by Paul Rost

15 Municipal Audit Scarcity Impact Factors

by Mary J. Sprung and Martin Ghafoori 21

Urban Homesteading: Considerations For Local Governments

by Hunter R. Martin

21

25

How One Missouri City Reduced Cyber Risk And Halved Their IT Budget

by Larry McLean

Departments

25 Cover Photo: ‘Ollie’ the wise owl scans the horizon sitting on its perch atop the new Sensory Trail at Ollie’s Fun Forest in the City of St. Peters. Ollie’s perch is what survived of an estimated 200-year-old oak tree that was damaged in a storm.

What appears to be the bark is hand carved into what was left of the tree trunk. ‘Ollie’ was hand carved out of another piece of the tree and placed on its position in this ancient forest area in St. Peters.

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Len Pagano, Mayor, St. Peters; Vice President: Damien Boley, Mayor, Smithville; Immediate Past President: Matt Turner, Alderman, Harrisonville; Judy Bateman, Alderman, St. Peters; Melissa Burton, City Clerk, Overland; *Chuck Caverly, Council Member, Maryland Heights; *Michele DeShay, Mayor, Moline Acres; Reed Dupy, Council Member, Chillicothe; Barbara Flint, Finance Director, Eureka; *Joe Garritano, Council Member, Wildwood; John Josendale, Mayor, St. Joseph; Dustin Kessler, Mayor, Morrisville; *Chris Lievsay, Council Member, Blue Springs; Ken McClure, Mayor, Springfield; Thomas Oldham, Council Member, Sedalia; Michael Padella, City Administrator, Cottleville; 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; Sean Wilson, Mayor, Waynesville *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

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President's Review

28

Getting To Know You: Kevin Roberson

30

2024 Certified Municipal Officials

32

MML Innovation Award Winners

34

Member & MML News: MML Elects New Leadership

38

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

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

Member & MML News: MML 90th Annual Conference

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

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MML Calendar Of Events

The Review November/December 2024; Volume 89, No. 6 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.

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

Website: www.mocities.com. www.mocities.com

3

President's Review

by Len Pagano, Mayor, St. Peters, and MML President

The Key To Success It is my honor to serve as your next MML President for the coming year. I am so grateful to have such strong examples of past MML leadership who have humbled me with how well they serve cities across the state in this role. I want to take a moment to particularly thank Matt Turner for his commitment as MML president this past year! I will work this year to be a credit to the enthusiasm and dedication he has shown through League service.

I have been blessed to serve as an elected official with St. Peters for more than four decades and have often been asked, “What has been the key to your success”?

While some might expect me to talk about policies, partnerships, or projects, my answer is simple: family.

Be sure to learn more about the City of St. Peters on pages 6-9!

We talk a lot about leadership, but we do not always recognize the support system that makes leadership possible. Throughout my tenure as mayor, I have been incredibly fortunate to have the unwavering support of my family. My wife, Joyce, has especially been my constant support.

Public service is a demanding job with late nights, long hours and tough decisions.

I am thankful Joyce has been there to support the weight of those decisions and believe in me and my passion for local government service.

When we take on the role of serving our community, our families take it on with us. For every mayor or city council member, there is a family that sacrifices, supports, and sustains. They handle home responsibilities when we are away at meetings, the nights we spend preparing speeches, and the weekends we dedicate to public events. They listen to us when we share challenges and offer a fresh perspective when needed. In my case, Joyce has done all of that and more.

I believe the community also benefits from that support. When we are strong as individuals, thanks to our families, we are better equipped to make decisions that reflect the best interests of our city. Joyce, my children, and even my grandchildren have kept me grounded and provided a meaningful perspective on the future we are shaping for generations to come.

Together, as families and as a community, we accomplish great things. Thank you to all the families who stand behind your elected officials!

Let’s continue to work together—families, leaders, and citizens—to keep making our communities the best they can be for everyone.

I look forward to serving as your MML president this year and learning more about our members and city initiatives.

Remember to stay engaged with the League as we look to the new year and a new legislative session, and watch for MML notices regarding training opportunities, meetings and the MML Capitol report. As always, contact MML when you have questions. We are ready to serve you!

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theReview November/December 2024

Mayor Pagano (right) with his wife Joyce and family.

2025 IMPORTANT DATES 1 City clerk provides State Auditor with report of bonds and coupons Jan. retired by the city since the previous report (§ 108.260 RSMo)

8 First day of Missouri Legislative Session 28 Final certification date for April 8 municipal election 31 Deadline to file bond issuance report to DED (Chapter 100) (§ 100.105 RSMo) 31 Submit W-2s and 1099s to IRS. Also distribute to employees. May also be required for TDDs, CIDs, &

353 Corporations. (26 U.S.C §6051 (W-2) and 26 U.S.C. §6041 et seq. (Form 1099))

Feb. 4 Bond Election Day

18-19 MML Legislative Conference, Jefferson City, Missouri 28 Submit report to DED of businesses that have relocated to a TIF district (§ 99.810.3 RSMo) or

development area under MODESA (§ 99.980 RSMo) by last day of February to submit MML Innovation Awards application March 11 Deadline Deadline to submit MML Annual Conference speaking proposals

April ASAP (At the first meeting of the council or as soon as possible.)

Collector to make list of delinquent property taxes (§ 94.320/94.170 RSMo)

8 Municipal Election Day 8 Deadline for estimated tax rate to County Clerk (§ 137.243 RSMo) May 4-10 Missouri Local Government Week 16 Last day of Missouri Legislative Session 27 Final certification date for August 5 general election

June 12-13 MML Elected Officials Training Conference, Columbia, Missouri Aug. 5 Election Day

26 Final certification date for November 4 general election 28 New state statutes go into effect (Mo Const. Art. III, § 29)

NOTE: Cities must publish the semi-annual financial statements and submit the annual financial report to the state auditor.

Deadlines for these important documents depend on the start of the city’s financial year. Significant penalties may result from failing to comply with any of these provisions.

1 Deadline to set property tax levy for non-charter county cities (cities in charter counties, deadline is Sept. October 1) (§ 67.110 RSMo) 14-17 MML Annual Conference, St. Charles, Missouri 15 Deadline to re-adopt the city’s personal financial disclosure policy

1 Deadline to set property tax levy for charter county cities (cities in non-charter counties, deadline is Oct. September 1) (§ 67.110 RSMo) Day Nov. 415Election TIF Annual Reports due (§ 99.865 RSMo) filing for 2026 municipal election. Office must open at 8 a.m.

Dec. 930FirstLastdaydayforforcandidate candidate filing for 2026 municipal election. Office must remain open until 5 p.m. www.mocities.com

5

FEATURE Review

by Lisa Bedian

St. Peters Continues To Soar!

City Centre Gazebo, St. Peters, Missouri.

“Someone’s sitting in the shade today because someone planted a tree a long time ago." ~ Warren Buffett Warren Buffett, one of the world’s most successful investors, was describing his philosophy of the essential need for patience and long-term investing. In St. Peters, the people know that good things take time to grow. Whether it is an amazing park system resulting in all of its nearly 60,000 residents living within a half mile of a park, trail, or both; or the 20+ year path to one of the most successful business developments in the state of Missouri, yielding nearly 8,000 jobs and growing over the last eight years, St. Peters’ plucky spirit, planning and persistence provides a beautiful community for its residents. And, they are not done yet!

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“We are always asking what is next,” said Mayor Len Pagano, who was just elected president of the Missouri Municipal League. “When we opened Ollie’s Fun Forest, the City’s inclusive playground, a couple of years ago, we asked ‘what is next’? So, our outstanding parks’ team proposed Ollie’s Sensory Trail and after putting together their creative ideas, developing a plan and working really hard to make it a reality, I can see grandparents like me walking hand in hand exploring this beautiful City new amenity with their families.”

Ollie’s Fun Forest and Sensory Trail are just the latest additions to a parks,

recreation and arts system featuring 25 parks totaling nearly 1,300 acres and 29 miles of hiking/biking trails, a Cultural Arts Centre with fulfilling programs for all ages and exciting, enriching camps for youths; and the one-of-a-kind St. Peters Rec-Plex.

A little more than 30 years ago, the Rec-Plex was in the planning phases when officials organizing the 1994 Olympic Festival approached St. Peters officials about hosting the aquatic events.

Plans evolved and the result was St. Peters playing an essential role in the success of this national event! The St. Peters Rec-Plex opened the doors to

“The bottom line here is we all work together – staff, elected officials, residents and our entire community – and we get the job done right. That’s how we make it happen.”

– St. Peters Mayor and MML President Len Pagano

St. Peters Mayor Len Pagano (cutting ribbon), city staff and community members attended the ribbon cutting at the opening of Ollie's Fun Forest and Sensory Trail.

St. Peters residents enjoy the facilities at The Cove.

next to the 140-acre lake. Visitors enjoy the beautiful sunsets, fantastic free entertainment from local artists, including visits by musicians from the St. Louis Symphony Orchestra, and a

variety of food trucks offering great local cuisine for visitors to enjoy at the concerts. St. Peters also offers concerts (and lots of other content) on demand at SPTVNow.net.

U.S. Olympic team hopefuls in 1994 and that led to the U.S. Olympic Team Trials in diving returning to St. Peters in 2004. It was the tenth anniversary of the Rec-Plex and the 100th anniversary of the 1904 Olympics held in St. Louis.

Numerous other national and regional events have taken place there across many sports, and it hosts the Missouri State High School Activities Association state championships for boys and girls swimming, diving and water polo almost every year.

Even though it is called the “Home of the Champions” the Rec-Plex also has excellent sports and fitnessConstruction programming for all ages, including active older adults Administration and children, plus esports competitions.

In 2006, responding to community needs for more ice rink and multi-use gym capacity, the Rec-Plex South facility opened, doubling the size of the original Rec-Plex.

Looking for a great sampling of local entertainment and talent? More than a decade ago, St. Peters began hosting free local concerts and events at the “crown jewel” of its parks system, 370 Lakeside Park. Thousands of City residents and guests enjoy the “Sunset Events” held

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Lakeside Park, St. Peters, Missouri.

FasTrac Parks. Trails. Rec-Plex. Cultural Arts Centre. Great amenities and good times abound in St. Peters. But, it is not all fun and games. How about welcoming many new businesses, growing existing businesses, small and large, adding up to thousands of new jobs? What is the secret ingredient to the economic development in St. Peters? The answer is FasTrac!

St. Peters has implemented a unique process to move companies, large and small, rapidly through the planning and approval process through a program called FasTrac. The goal is speeding your idea to reality, avoiding unnecessary delays.

“We pull together experts for your team and expedite your project with our ‘one stop’ permitting process,” explained city administrator Bill Malach. “Our successful track record helps keep your project on time and on budget. And, 8

theReview November/December 2024

we stay in touch with you through the process AND after you have your ribbon cutting.”

National businesses with recognizable brands are noticing and bringing new operation locations to St. Peters. Last April, a tasty new neighbor joined the City. Blue Bell Creameries opened a 16,000-square-foot distribution center earlier this year in the Premier 370 business district. The 117-year-old business is a top-selling ice cream manufacturer, with confections sold throughout the St. Louis metro region as well as Columbia, Jefferson City, midMissouri and parts of southern Illinois.

KEY: Proposed Ramp Available Property

Blue Bell’s neighbors at Premier 370 include FedEx, Amazon, Saia, Dayton Freight, Medline Industries, RB, Best Buy, American Gas, Central States Manufacturing, DMI, BCI, Circle K and Reaction Auto Parts. More expansion is planned thanks to FasTrac. These great companies joined the business boom in St. Peters and are taking advantage of the unparalleled location 15 miles west of St. Louis Lambert International Airport, north of I-70 and on both sides of Highway 370 as it travels through St. Charles County. Did we mention that Premier 370’s “back yard” is 370 Lakeside Park? Another amazing benefit

370 Lakeside Park Recreation Area

Lakeside Park Dr

LOT 16 LOT 15

Lakeside Logistics Center

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LOT 7

Guests from across the U.S. are welcomed at the RV campground at 370 Lakeside Park. Its 75 sites and clubhouse have hosted visitors from all 50 states and several Canadian provinces. Open year-round, the 500-acre 370 Lakeside Park has a convenient location just north of Interstate 70 off Highway 370 featuring pavilions and shade structures, miles of pedestrian and bike trails, a life-sized 3D archery range, fishing, two dog parks, rentals of kayaks, canoes, paddleboats, bicycles and a wonderful staff with unmatched hospitality!

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at the location are the pedestrian and bicycle trails connecting the Premier 370 business district with the residential and commercial business districts in St. Peters.

Residents call St. Peters “My Hometown.” The community has seen tremendous population growth over the last several decades with familyfriendly neighborhoods, excellent school districts and an outstanding quality of life. Although space is growing limited for the large single-family home developments of 20 years ago, luxury apartments and smaller home developments continue to serve the population growth demands. “Empty nesters” appreciate the opportunity to continue to live in St. Peters close to their children and grandchildren while enjoying the community amenities they know and love. Generations can now buy their first homes here, raise their children here, find great job opportunities here and enjoy a wonderful retirement, right here in “My Hometown.”

St. Peters has been recognized by Money Magazine several times over the last 15 years as one of the “Best Places to Live” and as the top place to live in the state of Missouri. Money said in one of their stories on St. Peters: “If you are looking for a place with great job opportunities but a homey, small-town feel, you’ll find few spots better fitting than St. Peters.” Money continued: “Don’t let its booming business fool you, though. St. Peters is still a family town, and all it takes is a stop by Hobos restaurant to see that. Nestled in an American Legion building in Historic Old Town St. Peters, Hobos serves up classic home-cooking that feeds the soul.”

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The City has also been recognized for budget and financial management, water, wastewater and stormwater services, the Rec-Plex, communications, parks and sustainability. Recently, its’ innovative and successful LinkedIn “Difference Makers” recruitment campaign earned a national Silver Circle Award from 3CMA as well as an Award of Excellence from The Communicator Awards for the City’s communications and strategy team. Our parks team cares for 13,000 trees in our community, earning a Tree City USA award for a 26th consecutive year from the National Arbor Day foundation.

All this recognition is fine, but the most important focus for the entire staff team are the residents’ needs reflected in the feedback received every day.

Effective efforts, thoughtful planning and strong partnerships have resulted in St. Peters being poised to take on the future, continuing to grow and offer residents and businesses with a top community, excellent quality of life and a great place to live, work and raise a family.

Just as we enjoy the shade and stable roots of those trees planted before us, we know that generations after us will depend on our efforts today.

“It all comes down to something I believe in strongly – stability,” added Mayor Pagano. “I have a sign in my office that says ‘Respect + Trust = Accountability’. The bottom line here is we all work together — staff, elected officials, residents and our entire community — and we get the job done right. That’s how we make it happen. As I like to say–only in St. Peters!”

Lisa Bedian has been the director of communications and strategy for the city of St. Peters for more than 21 years. Her team has won more than 25 communications and broadcasting awards during her tenure and she’s an Emmy award-winning broadcaster, Amazon best-selling author and adjunct professor.

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9

FEATURE Review

by Paul Rost

Home Is Where The Business Is Limitations On Local Governments In A Work-From-Home World

Home occupations in the United States have been regulated for more than a century with regulation ushered in with the inception of zoning regulations in the early 20th century.1 For years, home occupations and regulations on them peacefully coexisted as there was general understanding of what was “traditionally” an occupation performed out of the home; but with more recent technological changes, conflicts over where to draw that line became more prevalent.2 In 2022, the Missouri General Assembly tried to draw that line when it adopted H.B. 1662, limiting local authority in the regulation of home occupations (“HB 1662”.) Specifically applicable to “political subdivisions”, HB 1662 adopted changes relating to “Home Based Businesses” (now codified as §71.990 RSMo.). At the same time, HB 1662 also adopted new regulations in Missouri’s Zoning Enabling Act, Chapter 89 RSMo., relating to “home-based work” (codified as §89.500 RSMo.). The problem for political subdivisions is that HB 1662 included two sets of regulations on home businesses containing divergent definitions and incongruous limitations on local authority. The General Assembly’s concurrent adoption of independent, inharmonious pieces of legislation make it difficult for political subdivisions to simultaneously comply with both.

Summary Of The Two New Laws First, HB 1662 enacted Section 71.990, entitled “Homebased business, use of residential dwelling — limitations on restrictions by political subdivisions — reasonable regulations permitted.” That Section defines a “home–based business” as: any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.

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It permits any person who “resides in a residential dwelling” to use it for a home-based business unless it violates the covenants and restrictions placed by deed on the property or such use is restricted by “any master deed, bylaw, or other document applicable to a common-interest ownership community.” It then goes on to expressly prohibit political subdivisions from banning a “no-impact, home-based business” or from requiring a person to “apply for, register for, or obtain any permit, license, variance, or other type of prior approval” to operate a noimpact, home-based business. A homebased business automatically qualifies as “no-impact,” if: (1) The total number of employees and clients on-site at one time does not exceed the occupancy limit for the residential dwelling3; and (2) The business activities: (a) Are limited to the sale4 of lawful goods and services; (b) Are allowed unlimited visitors at any time;5 (c) Do not cause a substantial increase in traffic through the residential area; (d) Do not violate any parking regulations established by the political subdivision; (e) Occur inside the residential dwelling or in the yard of the residential dwelling; (f) Are not visible from the street; and (g) Do not violate any narrowly tailored regulation established under subsection 4 of this section.

Section 71.990 does though allow political subdivisions to establish reasonable regulations on a home-based business even in the areas above if the local regulations are “narrowly tailored” for the purpose of:

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(1) Protecting the public health and safety (e.g., fire and building codes, health and sanitation, To create a bold future, transportation or traffic you need a bold partner. control, solid or hazardous waste, pollution, and noise control); or Plan.

Engage.

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(2) Ensuring that the business activity is compliant We help move with state and federal law and We build relationships We spark imagination communities forward paying applicable taxes. and clear, concise to help communities with deep, meaningful plans you can make bold plans for So, in theory, the political subdivision community implement seamlessly. their best future. engagement. can still pass regulations, provided the regulations are justified by serious public health and safety reasons.

Kansas City Metro Office Finally, Section 71.990 flatly prohibits 7944 Santa Fe Drive | Overland Park, Kansas 66204 political subdivisions from compelling St. Louis Metro Office a person to rezone their property for 220 West Argonne | Kirkwood, Missouri 63122 commercial use, get a home-based business license, or install fire sprinklers, www.ShockeyConsulting.com as a condition of operating a homeConnect with us everywhere @heyShockey | (913) 248-9585 based business.

Meanwhile, Section 89.500 takes a different approach to the issue of home occupations. First, it defines “home–based work” as “any 6. Restrict or prohibit a particular occupation lawful occupation performed by a resident within a residential specifically as home-based work. home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes The Times, They Are A-Changin’ and does not change the residential character of the residential If your municipality has not done so yet, you likely need to building or adversely affect the character of the surrounding revise your zoning code. This is because many of the zoning neighborhood.” (emphasis added). From this definition we codes in existence in 2022 had similar language allowing only learn that there are several defining characteristics of home“customary home occupations.” Application of this traditional based work that a municipality must allow: approach to today’s work-from-home world probably will not 1. It must be “lawful.” stand up to the new limitations of local regulations contained 2. It must be by a “resident” of the home. in HB 1662. Many times, these conventional regulations expressly outlaw home occupations that involve things like 3. It must be “within” the home or accessory building. having employees on-site, altering the home for the business, 4. It must be “clearly incidental and secondary” to the placing signs on the house, generating noise, producing or use of the dwelling unit as a residence. storing goods — all the things HB 1662 protects, at least to 5. It cannot “change the residential character” of the some extent. home.

Moreover, some local zoning ordinances still require 6. It cannot “adversely affect” the character of the permits to be sought or applications to be filed prior to neighborhood. engaging in a business from your home. Such permitting requirements can no longer be applied to “no impact” homeThat said, for any home-based work, no zoning ordinance based businesses. They must be allowed whether they inform can: the local government or not.

1. Prohibit mail order or telephone sales.

Any revision of your code should start with trying to 2. Prohibit appointments within the home/accessory incorporate the definitions from the two new laws. The local structure. government will have to decide how much authority over 3. Prohibit or require structural modifications to the home-based businesses it wants to try to retain. There is a lot home or accessory structure. of gray area when it comes to the newly coined phrase “no4. Restrict the hours of operation for home-based impact home-based business” and so drafting a compliant work. ordinance is difficult.

5. Restrict storage or using equipment if it does not produce “effects” outside the home/accessory structure.

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theReview November/December 2024

MML will introduce legislation to modify statutes related to home-based businesses in 2025.

Watch for MML Capitol Reports emailed to members each week during the Missouri legislative session beginning in January 2025.

Questions Abound The new law left many questions unanswered, such as: whether a municipality can require a home-based business to get a business license like other businesses in town and to what extent the zoning laws apply as far as building height, lot coverage, setbacks, etc. For example, Section 71.990.5(2) says a local government cannot require the resident to “obtain a home-based business license.” Does this mean that the local government cannot create an additional home-based business license above and beyond a generally applicable business license or does it unequivocally prohibit requiring any business license from a home-based business? Such an application of the law seemingly would be discriminatory to traditional business operating in commercial areas as they would be required to get a business license whereas—had they operated from their home—they would not.

Similarly, Section 71.990.3 prohibits a local government from requiring a person obtain a “permit, license, variance, or other type of prior approval from” the government before operating a no-impact home-based business. Again, does this flatly outlaw a local government from requiring a home-based business to apply for a municipal business license generally applicable to all businesses prior to operation?

Also, while Section 71.990.3 clearly prohibits “prior” registration, it does seem to leave open the door for the local government to require some sort of after-the-fact registration of home-based businesses (say, within 90-days of commencement of operation, or the like).

Does the prohibition on requiring a “variance” in Section 71.990.3 above really mean that a city cannot deny, for example, an addition four-stories in height or one that goes all the way to the property lines, because then the property owner would be required to seek a variance? Maybe. Who knows?

Granted, most home businesses cause no concerns, but what about a resident wanting to open a marijuana dispensary or restaurant/bar at their house? The law says a municipality cannot require someone to “rezone the property for commercial use” and can have “more than one client on the property at one time” as long as they do “not exceed the occupancy limit” for the home. See Section 71.990.5 and Section 71.990.3.

Can the municipality not require a liquor license to a bar? The law further says

that a municipality cannot “restrict or prohibit a particular occupation.” See Section 89.500.3. Taken to its illogical end, is it the intent of these laws that local zoning regulations are inapplicable to home-based businesses as long as they are “no-impact”?

Finally, it would seem that whether a business is “no-impact” cannot be pre-determined; that assessment would have to be made after the home-based business began operation and it could be shown to impact the neighborhood (substantial traffic, parking issues, etc.) before a local government could take action. As Section 71.990.6 says, “whether a regulation complies with this section is a judicial question.”

Next Steps Of course, a local government can completely roll back its laws on home businesses and have no regulations at all.

Even this will take planning & zoning commission review, a public hearing, city council action, and should probably still list home-based businesses as a permitted accessory use in the residential districts (as opposed to simply removing all reference to home-based businesses.) This may not go over well with certain constituents, though.

So, if a municipality is thinking about changing its regulations on home-based business, at a minimum, it should talk to its city attorney and consider:

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1. Adding specific requirements for parking in residential districts (see Section 71.990.3(2)(d)); 2. Establishing a baseline for traffic on residential streets and a percentage increase that the municipality considers “substantial” (see Section 71.990.3(2)(c)); 3. “Narrowly tailoring” regulations by only regulating the things most likely to cause issues in the neighborhood (and recite that the regulations are “narrowly tailored per Section 71.990.3(2)(g) RSMo” to meet serious public health and safety concerns); 4. Clarifying specifically how a resident is to calculate the occupancy load, so the home-based business operator does not “exceed the occupancy limit for the residential dwelling.” See Section 71.990.3(1); 5. Being clear that permitted home-based businesses are limited to the “sale of lawful goods and services” to be considered no-impact; no manufacturing or industrial uses are permitted. See Section 71.990.3(2)(a); 6. Making sure that your code is clear that home-based businesses are allowed as accessory uses, not the primary use of a home. See Section 89.500.1.

Also, remember, because most municipalities’ existing regulations on home occupations are in the zoning code, Section 89.060 RSMo. requires a planning & zoning 14

theReview November/December 2024

commission review/recommendation and a public hearing before city council approval. Until then, municipalities that have not updated their zoning code must be careful not to enforce requirements on home businesses that are not in compliance with SB 1662.

Paul Rost is a founding principal with Cunningham, Vogel and Rost, P.C. He practices in the areas of municipal law, land use and zoning, governmental litigation and public finance law. Contact him at paul@municipalfirm.com or learn more about the firm at www. municipalfirm.com.

End Notes: 1 Zoning for Opportunity: A Survey of Home-Based-Business Regulations, O. Gonzalez & N. Gray, p.5, Center for Growth & Opportunity.

Zoning for Opportunity, O. Gonzalez & N. Gray, p.5, Center for Growth & Opportunity.

2

For example, under the International Building Code, occupancy “load factors” are not absolute and can be affected by the means of egress, fire suppression/alarms, “clear opening” door width, hazard level, number of restrooms, etc.

3

Note that “no-impact” involves only the SALE of goods and services, not the manufacturing or fabrication of such goods.

4

“May involve having more than one client on the property at one time” Section 71.990.3(2)(b) 5

FEATURE Review

by Mary J. Sprung and Martin Ghafoori

Municipal Audit Scarcity Impact Factors In today’s business environment, fierce competition for talent impacts numerous industries, including manufacturing, financial activities and professional services. This trend is underscored in a June 2024 report by the U.S. Chamber of Commerce.1 Accounting, a crucial component of these industries, faces significant human capital challenges that also affect the general public due to the critical role Certified Public Accountants (CPAs) play in maintaining financial integrity across sectors.

The shortage of skilled professionals in the accounting field presents a complex problem. A subset of the accounting profession, CPAs specializing in governmental audits, faces unique challenges. While much effort is directed toward addressing general accounting profession issues, the scarcity of governmental auditors necessitates specialized solutions.

Understanding Talent Shortages In Accounting A report from the National Pipeline Advisory Group (NPAG) emphasizes that the accounting profession is facing a significant human capital shortage, influenced by factors such as demographic shifts and career stage cycles. These factors create “leakage points” within the talent pipeline, resulting in an overall decline in the number of professionals entering and staying in the field.

Within the accounting profession, the demand for talent spans a variety of roles: CPAs serve as tax professionals, business advisors, auditors, financial planners and more. However, the shortage of qualified CPAs who specialize in governmental audits is especially concerning, as these professionals are integral to ensuring compliance with regulatory standards, safeguarding public funds, and maintaining the transparency of financial operations within government entities.

CPAs And CPA Firms CPAs are often regarded as trusted business advisors due to their legal privilege to issue reports on financial statements, a responsibility that carries significant business implications.

Under Missouri law,3 only licensed CPAs can issue attest services, which include audits for businesses, non-profits, and government entities. This legal authority supports everything from governmental operations to financial markets, underlining the critical role of CPAs in maintaining public trust.

While the profession has expanded into lucrative consulting services in recent years, core responsibilities such as audits remain essential. CPA firms often prioritize advisory services over compliance-based activities, including audits, due to financial incentives. However, the shift in focus has exacerbated the shortage of professionals available to perform critical audits, particularly in the public sector.

Where Are All Of The Governmental Auditors?

The shortage of CPAs who are qualified to perform governmental audits is a multifaceted issue. Governmental audits must adhere to Generally Accepted Auditing Standards (GAAS) and, in many cases, Government

Adapted from “Accounting Talent Strategy Report” National Pipeline Advisory Group. July 2024.2)

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theReview November/December 2024

Auditing Standards (GAGAS), also known as “Yellow Book” standards if they receive government grants and awards. These standards are necessary for audits of entities receiving government grants, further narrowing the field of professionals qualified to perform governmental audits. Additionally, maintaining qualifications for governmental audits requires specialized annual training, adding another layer of complexity to an already limited talent pool.

The peer review process, a selfregulation mechanism for CPA firms, further highlights this scarcity. Firms that perform governmental audits must undergo peer review by CPAs with relevant governmental auditing experience. In Missouri, only eight CPAs out of nearly 12,000 are qualified to perform these peer reviews, creating a significant bottleneck.

Governmental Entities: Feeling The Pressure

such as Standard & Poor’s (S&P), Moody’s or Fitch, based on various factors including local economic conditions, financial health and management practices.

When audits are delayed, governmental entities are unable to submit the required financial reports on time to the rating agencies, the State Auditor’s Office or to the Municipal Securities Rulemaking Board (MSRB) repository, Electronic Municipal Market Access (EMMA) (https://www.emma. msrb.org/), which could lead to a lapse in bond ratings.

In 2023, S&P placed 149 municipal ratings, nationally, on negative watch due to delays in filing financial and operating information.4 Such delays can hinder municipalities’ ability to access public credit markets, ultimately affecting their capacity to fund projects and provide services.

Furthermore, governmental leaders may not fully understand the extent of the audit process, leading to a lack

Governmental entities, including municipalities, school districts, special taxing districts and public utilities, are particularly affected by the shortage of governmental auditors. Many of these entities are required to undergo audits, especially if they receive more than $750,000 in federal grants, as stipulated by Single Audit requirements. The influx of federal aid, such as pandemic relief funds, has increased the number of entities requiring audits, but many are not prepared for the associated costs and complexities.

Small and medium-sized governmental entities are often the hardest hit. Unlike larger governmental organizations, they may lack the internal resources to navigate the audit process. This results in higher costs, extended audit timelines, and increased difficulty in finding qualified CPA firms willing to take on their audits.

The shortage of CPAs specializing in governmental audits has led to delays, and some entities may even face non-compliance with audit requirements, further intensifying the problem.

Join us in our

The Broader Implications Of Audit Delays The implications of audit delays reach far beyond the financial wellbeing of governmental entities. Many governmental organizations issue municipal bonds to finance capital improvement projects. These bonds are rated by third-party agencies

commitment to keeping Missouri’s underground infrastructure safe.

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In Missouri, only eight CPAs out of nearly 12,000 are qualified to perform peer reviews, creating a significant bottleneck. of preparedness. While some may expect a quick, inexpensive audit, the reality is that audits adhere to uniform procedures regardless of the size or complexity of an entity’s finances.

Calls for “light audit” standards have emerged in recent years, but the Governmental Accounting Standards Board (GASB) audits remain the norm for most governmental entities, further emphasizing the need for specialized auditing expertise.

Navigating The Challenges: Key Principles For Governmental Entities Given the challenges posed by the shortage of governmental auditors, it is essential for governmental entities to take a proactive approach to financial reporting and auditing. The following principles can help guide governmental leadership in managing relationships with CPA firms and ensuring compliance with audit requirements: 1. Elected Officials and Staff Working Relationships: Government entities often experience turnover in elected officials, which can create disruptions in financial reporting and audit processes. Ensuring continuity and maintaining strong relationships between financial staff and elected officials is essential for smooth audits.

2. Compliance Requirements: Keeping up with annual regulatory changes is critical for government accounting professionals. Mandatory continuing professional education (CPE) requirements ensure CPAs remain updated on Governmental Accounting Standards Board (GASB) financial reporting requirements.

3. Full Audit Expectations: Audits follow uniform procedures, regardless of an entity’s size or complexity.

Government leaders should be aware that audit standards do not change based on the simplicity of an organization’s finances, and they should prepare accordingly.

4. Government Bidding Process: Many governmental contracts are awarded to the lowest bidder, which has driven CPA firms away from governmental audit work. This intensifies the scarcity of governmental auditors and makes it difficult for smaller entities to find qualified auditors.

5. Credit Rating and Bond Issuance Challenges: Municipalities must submit accurate financial information, including audit reports, to maintain credit ratings for most bond issuances. Delayed audits can result in negative credit action, or withdrawn ratings, that in turn negatively impacts a municipality’s ability to access public credit markets.

6. State Auditor’s Office (SAO) Oversight: Governmental 18

theReview November/December 2024

entities in Missouri must submit financial reports or audits to the State Auditor’s Office (SAO) on an annual basis. Failing to comply with these requirements can lead to fines and additional audit expenses, further emphasizing the importance of timely financial reporting.

Conclusion And Calls To Action Widening cracks exist in the foundation between governmental entities and CPA firm audit professionals, but what may seem like collateral damage might be the most important factor in this discussion: the general public. This perspective is easy to overlook, especially when dealing with immediate and short-term operational challenges in both areas of the profession. However, the bridge that connects both is their shared goal of serving and helping the general public. Holding and maintaining public trust is critical for a strong and thriving economy, and even broader society.

The overall health and welfare of citizens are impacted by governmental leaders, departments, and agencies, all of which rely on accurate financial information and disclosures.

For the General Public: A decline in expertise, access, funding, and attention to governmental audit scarcity only weakens the financial stability of our society. To be clear, the governmental entities most at risk for audit delays or noncompliance are often small- and medium-sized ones, although none are immune. The services these entities provide and the citizens they support should not suffer due to audit noncompliance issues. Engage with your local governmental leaders and pay attention to annual financial reports and especially audit findings.

For Governmental Entity Leadership: Professionals in leadership roles should continue to engage in conversations, contributions and collaborations with all parties involved.

Keep in mind that at the end of the day, all the factors outlined in this article lead to continue annual audit fee increases in the future due to supply and demand constraints. In other words, you will almost certainly be paying more than in previous years for your annual or single audit. Be proactive and discuss the implications of this article with your staff, board or council, and other stakeholder groups.

For CPA Firms and CPAs: There are some great opportunities to showcase your firm to municipal officials in Missouri. By getting involved with the Missouri Municipal League (MML) and the Missouri Government Finance Officers Association (MoGFOA), you can connect with key decision-makers and boost visibility. These groups offer fantastic platforms for networking and sharing your expertise with municipal professionals. Joining both organizations is a great way to show how your firm can benefit local governments.

Mary J. Sprung, CPA, is the finance director for the city of Kirkwood and has been a CPA since 1999 and has more than 25 years experience specializing in governmental accounting.

Contact her at sprungmj@kirkwoodmo.org.

Martin Ghafoori is a managing director at Stifel in St. Louis. Martin has been providing investment banking services to municipalities of all types across Missouri for the past 19 years.

Contact him at ghafoorim@stifel.com.

End Notes: Ferguson, S. “Understanding America’s Labor Shortage.” U.S. Chamber of Commerce. July 2024.

1

“Accounting Talent Strategy Report” National Pipeline Advisory Group. July 2024.

2

RSMo Chapter 326: Missouri Accountancy Act, §326.292 (1).

3

Moran, Danielle. “Cities’ Credit Ratings Are at Risk Because There Aren’t Enough Accountants.” Bloomberg. March 2023.

4

Disclaimer: This article is modified from a joint paper between the Missouri Society of CPAs and the Missouri Municipal League (mocpa.org/ gov-audit). It does not represent the official positions of MOCPA, MML, AICPA, GASB, or any other standard-setting body. This publication does not render legal, accounting, or other professional services. For specific advice or clarification, research the applicable statutes, rules, standards, or seek advice from appropriate governing or regulatory bodies. With respect to any information regarding municipal securities, such information is intended to consist of factual or general information that should not be construed as advice. Unless otherwise engaged, no entities or individuals involved in writing this article are serving, or seeking to serve, as financial advisor or municipal advisor.

EXPERTS IN MUNICIPAL BOND FINANCINGS

Lorenzo Boyd Managing Director lorenzo.boyd@stifel.com (314) 342-8477

Trisha Duncan Director duncant@stifel.com (314) 342-2740

Becky Esrock Director esrockb@stifel.com (314) 342-2923

Martin Ghafoori Managing Director ghafoorim@stifel.com (314) 342-8467

Mackenzie Teclaw Associate teclawm@stifel.com (816) 203-8736

Colin Hilpert Associate hilpertc@stifel.com (314) 342-8439

Michael Short Managing Director shortm@stifel.com (816) 203-8739

Conner Swanson Associate swansonc@stifel.com (816) 203-8731

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Public Finance

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theReview November/December 2024

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

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• The Five Steps of Accountability • USDA-RD Benefits for Rural Communities • Missouri’s Grow Native Program

FEATURE Review

by Hunter R. Martin, Esq.

Urban Homesteading

Considerations For Local Governments

The term “homesteading” is not welldefined, even in avid homesteading groups. In general, homesteading is a choice to live closer to the land with an emphasis on self-sufficiency. This looks different for each individual homesteader. Practically speaking, homesteaders may choose to grow large gardens, keep bees, raise livestock, can food, make their own dairy products and much more. Homesteading is often associated with those living in more rural areas. However, as land prices continue to rise across the nation, there has been an increasing trend in urban homesteading. Urban homesteaders are, as the name suggests, homesteaders who attempt to live out their lifestyle within city limits. This can create unique challenges for local governments, as this type of lifestyle can conflict with what is stereotypical for other city dwellers.

As the number of urban homesteaders continues to increase, it is important for local governments to be ready for

issues that may arise related to these practices. These issues can include land use conflicts, nuisances, animal issues and more. This article will detail a few of those specific issues and offer concepts to consider when potentially revising a city code to account for urban homesteading.

1. Current Provisions It will be quite helpful to review current city code provisions related to the issues identified below in order to adequately take inventory of what a city currently permits or prohibits when it comes to common homesteading activities. Many cities may not have updated their animal, zoning or nuisance ordinances in many decades, resulting in unreliable enforcement of restrictions on such activities. Updating these provisions to acknowledge modern standards and practices is prudent for any municipality preparing for or considering future urban homesteaders.

2. Livestock Cities take many different approaches to zoning and nuisance regulations surrounding animals and livestock. For example, my hometown allows citizens to keep chickens, goats and rabbits within city limits. Some other places I have lived prohibit the keeping of any animals outside of domestic dogs, cats and small mammals. There is no one-sizefits-all approach to regulating livestock.

The important part of designing and enacting a successful animal regulation scheme is clarity of purpose and in form. Many municipalities, especially those with older animal ordinances, may have regulations in their codes that are confusing, broad and vague.

Lack of clarity usually leads to lack of enforcement. To adequately enforce animal regulations, the regulation scheme should be clear on what is permitted and what is prohibited, and under what circumstances. www.mocities.com

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Most see an underpass.

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Another important consideration when evaluating livestock and animal regulations is simplicity. It is a good idea to consider the specific needs of the city prior to enacting a complex regulatory scheme for livestock. Asking questions such as “what animals do citizens want to keep”? and “what animals do their neighbors not want them to keep”? is usually a good first step in creating a livestock ordinance.

Local governments must balance the personal and economic desires of urban homesteaders to keep animals, with the nuisances that these animals might cause to their surrounding community. This balance can be struck in many ways.

Various municipalities have enacted ordinances allowing the keeping of certain livestock animals like chickens and ducks, while also placing permit requirements and limits on the number of such animals kept. Herd or flock size limitations are a good way to account for future nuisances and problems that may arise with increased animal density 22

theReview November/December 2024

in urban areas. Another way to prevent potential animal nuisances is to enact sanitation requirements regulating containment and disposal of manure or other animal waste. These simple regulations can drastically cut down on the amount of nuisance complaints and keep the neighborhood from smelling like a farm.

No m at t e r w h at ap p r o a c h a municipality takes to animal and livestock regulations, the requirements should be clear, simple and tailored to the needs of the city. What one city does may not be what is right for another community. Thinking ahead is key.

3. Bees Many urban homesteaders enjoy beekeeping as the hobby is relatively inexpensive and bees can be kept on almost any property. Additionally, as agriculturalists have been warning for years, there is a shortage of pollinators across the country. Modern beekeeping

is an effective way to increase pollinator presence in an area and can even increase crop yields under some circumstances.

However, while increased pollinator populations are a good thing, increased bee populations can cause concern from residents worried about swarms of flying insects in their neighborhood.

Furthermore, many municipalities do not have any regulations on the keeping of bees. There are important things to consider before allowing cart blanche beekeeping in your city.

There are several regulation options when it comes to beekeeping. Many cities that do have bee regulations require that some kind of enclosure be installed near or around a hive to require bees to fly above head height when entering and exiting the hive. This can be done fairly restrictively (requiring a fence or walls around the hive itself) or by simply requiring beekeepers to have a six-foot or taller privacy fence around their yard. These simple requirements can stave off numerous disputes between

No matter what approach a municipality takes to animal and livestock regulations, the requirements should be clear, simple and tailored to the needs of the city. What one city does may not be what is right for another community. Thinking ahead is key. neighbors that could end up in a city council meeting. Some municipalities have also enacted regulations such as swarm prevention requirements, hive limits and restrictions on the placement beehives. These are all things to consider when evaluating a city’s needs for bee regulations.

4. Home-based Businesses The Missouri Legislature recently enacted Section 71.990 RSMo. which provides protections for homebased businesses and greatly restricts municipalities’ ability to regulate businesses operated out of residential homes. As background, Section 71.990 prohibits municipalities from requiring home-based businesses, as defined in the statute, to rezone a residential property to commercial, obtain a homebased business license, or install or equip fire sprinklers in single- or twofamily dwellings. Municipalities are also prohibited from requiring qualified no-impact home-based businesses

to “apply for, register for, or obtain any permit, license, variance or other type of prior approval from” a city in order to operate their business.1 This is important in the context of urban homesteading, as many homesteaders will sell their eggs, milk, cheeses, crafts and other products in order to make extra income to fund their homesteading activities. In many circumstances, selling homesteading goods out of a residential home or farmstand could be considered a no-impact, home-based business.

Cities should be aware of the limits Section 71.990 puts on the regulation of these types of businesses and prepare for questions from members of the governing body as to how and why the city is restricted from requiring these businesses to obtain permits and licenses.

It is important to note that Section 71.990 does allow municipalities to enact regulations on home-based businesses, regardless of their no-impact status.

These regulations must be narrowly

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tailored to protect the public health and safety (fire and building codes, health and sanitation regulations, traffic control, pollution and waste disposal requirements, etc.) and to ensure that these businesses are being operated in accordance with applicable state and federal laws and are paying required taxes. As always, specific questions regarding if and when your city can place regulations on a specific business should be directed to your city attorney.

Conclusion Urban homesteading presents unique challenges for local governments. The key to dealing with these challenges is being prepared. Preparedness almost always begins by reviewing the current city code keeping in mind considerations for livestock and animal regulations, potential nuisance issues, unique hobbies like beekeeping, and restrictions placed on cities by the Missouri Legislature.

Thinking ahead and preparing to handle urban homesteading issues will make confronting concerns from citizens and members of the governing body much easier down the road. As always, do not hesitate to contact your city attorney when questions arise regarding the legality of a particular regulation or course of action. It is almost always easier to tackle these questions early rather than after a problem arises.

Hunter R. Martin is an associate attorney at Lauber Municipal Law and practices general municipal law, municipal prosecution and land use law. He has a special interest in rural municipalities. Hunter and his wife, Alyssa, also consider themselves burgeoning homesteaders. You can contact Hunter at hmartin@laubermunicipal.com.

End Note: 1 Section 71.990.3 RSMo.

LauberMunicipalLaw.com | 816-525-7881 The choice of a lawyer is an important decision and should not be based solely on advertisements.

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theReview November/December 2024

FEATURE Review

by Larry McLean

How One Missouri City Reduced Cyber Risk And Halved Its IT Budget In many rural cities, limited staffing means relying on regional IT vendors in a delicate trust model, hoping they are up to date on the latest technologies, experienced in municipal operations, and vigilant about security best practices. But how can you be certain they are? The city of Cameron found itself in this very situation, faced with significant IT budget decisions while lacking a dedicated IT leader to guide them through the complexities.

To navigate these challenges, the City partnered with McLean Forrester LLC, a St. Louisbased technology consulting firm known for expertise in global network operations, cybersecurity, and IT services.

The city needed an unbiased assessment of its current IT capabilities, along with a strategic IT Master Plan that aligned with growth and operational needs.

Prioritizing Cybersecurity Given the rising incidence of cyber threats in the region, enhancing Cameron’s cybersecurity posture was paramount. Cybersecurity risk refers to the potential harm or damage that can result from vulnerabilities or threats in a computer system, network, or digital environment. It encompasses the likelihood of a security breach, data breach, or unauthorized access that could lead to various negative consequences. One of the most common threats is a cyberattack that can have

Any one of the above aspects can be an entry point for a malicious actor.

McLean Forrester worked with the city to embark on a comprehensive review of its IT assets, examining physical security, cyber technologies, and business practices. A detailed cyber risk assessment was conduc te d, w it h t he results directly informing the IT Master Plan. The resulting recommendations focused on technology modernization and risk mitigation, ensuring Cameron was better protected against potential cyber threats.

Optimizing Technology for City Operations severe impacts such as data breaches, disruption of operations, financial loss, reputation damage, or legal and regulatory consequences. It is critical for municipal governments to understand the risks, monitor and mitigate them to a level of risk they are comfortable managing.

Common cybersecurity risks for municipal governments are areas such as physical security; network security; people and process risks, such as phishing scams and poor password management; and lack of planning for continuity of operations. Another very common risk for cities without an active IT person or team is outdated technologies still in use and not properly patched or updated.

Beyond cybersecurity, the firm delved into how technology was supporting Cameron’s daily operations. They identified several areas of opportunity, such as manual processes and network connectivity issues, that were hindering productivity. The City was also in the midst of transitioning to a new utility management system, a challenging process without an IT manager to oversee it.

The IT firm provided support during this transition by resolving network issues, upgrading outdated technology and recommending a move to cloud storage and Microsoft Office 365.

Cameron enhanced its operational efficiency, but also achieved a large reduction in IT spending -- nearly 50% annually. www.mocities.com

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theReview November/December 2024

Establishing a Dedicated IT Leadership Role A key outcome of the assessment was the recommendation to create an IT manager position for the City. While Cameron’s existing staff and IT vendor had managed day-to-day operations adequately, the City’s growth, magnitude of IT footprint, and the rapidly evolving technology landscape necessitated a fulltime, experienced professional. This new role would ensure the IT Master Plan was implemented effectively, providing ongoing support and strategic guidance across City departments.

The recommendation for an IT manager for the city of Cameron is integral to the overall support to the City’s business operations. A lack of this critical role significantly and negatively impacts effectiveness and efficiency of City operations and can drive increased costs. One very important responsibility of an experienced IT professional is to oversee and manage cyber risk. While having cyber insurance is a good idea, it only covers the cost of the effects

and remediation. It does not protect you from business interruption, the damage to the City’s reputation, and the degradation of trust citizens expect from their municipal leadership. This is best accomplished though proactive cyber best practices.

A municipal IT manager should have experience and skills in the following areas: IT governance; IT financial management and planning; IT project management; cybersecurity risk management; IT operations and supplier management; continuity of operations; and IT service portfolio and asset management.

If a permanent IT manager position cannot be established, a city in this position should seek to contract support from a reputable consulting firm, ensuring the firm is willing and able to support the city’s best interests.

Consider leveraging a different company from any IT vendors already in place to ensure the consultant is working on the city’s behalf.

A Path Forward The IT Master Plan, approved by the Cameron City Council, laid the groundwork for the City’s technological future. It justified IT expenditures with a levelized annual plan, modernized infrastructure, and reduced costs, all while paving the way for the new IT manager role.

An unforeseen challenge arose shortly after the plan’s approval when emergency repairs required city hall operations to relocate over a weekend. The IT consultant was able to step in to manage the move, ensuring network and IT systems were operational from day one and preventing any interruption to city services.

For Cameron, bringing in an unbiased expert team to work on behalf of the City to develop the IT Master Plan proved a valuable investment to bring needed updates and security.

Larry McLean is the chief of marketing and business development for McLean Forrester, LLC. Contact him at Larry.McLean@ mcleanforrester.com or learn more about the firm at www.mcleanforrester.com.

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LOCAL GOVERNMENT Review

Getting To Know You. . .

KEVIN ROBERSON Mayor City of Cleveland What sparked your interest in serving in local government?

I have always had an interest in serving at some level of government. It started during my formal education years when I would serve as a class officer. I was fortunate to hold each of the positions (president, vice-president, secretary, student council representative, etc.) during those years. I even served in the student government association while in college. My interest was piqued and cultivated further during my undergraduate studies in social studies education.

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

My local government career is relatively short, having only been in my position since April 2024, so I am essentially still in the learning phase. Having said that I would say that a valuable lesson to be learned is to consider the message that you are trying to relay to someone, whether it be a city employee or city resident, and make certain that how you communicate it is being received in the same manner as you were trying to deliver it. Miscommunication of an idea or plan can have disastrous results.

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

Speaking for my small community, I would say the biggest issue that faces local government would be dealing with infrastructure such as roads, sewer, and water. Trying to ensure these systems are in place and in good working order requires funds and manpower, both of which seem to be in short supply. For smaller cities especially, the grant requirements can be quite cumbersome and restrictive.

As an example, to install a new water tower for a city our size is estimated to cost around a million dollars. Most of the grants require a funding match which of around 50% or greater for our demographics. We do not have that much capital, so we need to float a bond that requires a vote.

This is not an easy thing to get approved in these days of government mistrust.

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theReview November/December 2024

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

The advice I would give is to tell them to go for it but come into it with an open mind. You are not going to be able to effect change immediately but you can work with others to implement needed changes over time. It is better to be a part of the solution than a reason for the problem. Sitting back and complaining about something that is wrong with your local government yet not be willing to help find a solution to the problem is counterproductive.

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

Cleveland is a small rural community (Pop. 660-675) mostly made up of citizens who commute to work in places like Kansas City or Overland Park, Kansas. We are close enough to the city to have the amenities within a short travel time but far enough away where the crime and other urban issues have not reached us fully. You could probably use the cliché that everybody knows everybody and cares for each other to describe Cleveland.

What are your interests outside of local government?

I enjoy watching my grandchildren play and grow. I enjoy watching the Kansas City Chiefs, the St. Louis Cardinals, and the Missouri Tigers. I am an amateur genealogist, having traced my family tree for the past 40 years now. I am also active in my local church serving as a Sunday school teacher and a Deacon.

Where would you most like to travel, and why?

I would say at the top of my list would be to travel to the Holy Land. The opportunity to travel the same areas that Jesus Christ and the many heroes of the faith traveled would be very rewarding and spiritual for me. Beyond that anywhere that I could experience and enjoy God’s wonderful creation would be a great place to travel.

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29

LOCAL GOVERNMENT Review

2024 Certified Municipal Officials MGI Certification Recipients:

Bess Bacher, Deputy City Clerk, O'Fallon Darlene Bell, Alderman, Moline Acres Brittany Bishop, City Clerk, Wellsville Kris Bowling, Fire Chief/Public Works Manager, Marionville Cindy Bowman, City Clerk, Clarence Kathryn Bowman, City Clerk, Wentzville James Breckinridge, Alderman, St. Robert Heather Brooke Griffith, Comm. Relations Manager, Maryville Melony Bruce, Administrative Assistant, Waynesville Jerry Cannon, Mayor, Truesdale Beatrice Ann Carney, AP/Payroll, Waynesville Robyn Cottrell, Council Member, LaGrange JoAnn Cova, City Clerk, Maryland Heights Stephanie Daffron, City Administrator, Desloge Alease Dailes, Alderman, Bellefontaine Neighbors Andrew Dilfer, Village Clerk, Village of Country Club Minde Dreher, Deputy City Clerk, Savannah Cindy Dye, City Clerk, Nevada Charity Eaton, City Clerk, Bates City Amy Edwards, City Clerk, Platte City Peggy Farrell, City Clerk/Collector, Owensville Brian Fields, Council Member, Republic Karen Findora, City Clerk, City of Odessa Pat Fisher-Johnson, City Clerk, Maysville Leslie Forest, Director of Finance, Neosho Rhiannon Foster, Council Member, Sedalia Dawne Gardner, City Administrator, Kimberling City Kari Hartley, Alderman, Truesdale Kate Hatfield, Mayor, Frontenac Donald Hayden, Council Member, Waynesville Walter Hayes, Alderman, Carl Junction Kellie Henke, City Clerk, Creve Coeur Jon Holmes, City Manager, Aurora Carrie Howlett, Community Development Director, Aurora Steve Jackson, Council Member, Rolla Steve Jarrett, Mayor, Norwood Austin Jones, Council Member, Clinton Daniel Knoell, City Administrator, St. James Kamy Kulow, City Clerk/HR Director, Aurora

MGI 30

theReview November/December 2024

Dave Kuppler, Alderman, St. Peters Angela Lawson, Council Member, Black Jack Amy Lewis, City Clerk/Treasurer, Cottleville Justin Naranjo, Alderman, Truesdale Christine O'Dwyer, Administrative Assistant, Blue Springs Michael Renburg, Alderman, Oronogo Farrah Richey, City Clerk, Grant City David Ridgely, Alderman, Lake Ozark Kevin Roberson, Mayor, Cleveland Carey Rulo, Chief Financial Officer, Potosi Matt Sears, Alderman, Adrian Elsa Smith-Fernandez, City Clerk, Truesdale Mike Topliff, Mayor, West Plains Nick Trupiano, Alderman, St. Peters Melissa Wilson, Alderman, Smithville Mary Wilson, Executive Assistant, Nevada Wesley Young, City Administrator, Willard

AMGI Certification Recipients:

Cozy Bailey, Mayor, St. Clair Patrick Barclay, Alderman, St. Peters Shellie Blades, City Clerk, Cameron Rhonda Council, City Clerk, Sikeston Alease Dailes, Alderman, Bellefontaine Neighbors Michele DeShay, Mayor, Moline Acres Reed Dupy, Council Member, Chillicothe Lauren Eden, Council Member, Wildwood Rhiannon Foster, Council Member, Sedalia Eric Franklin, Council Member, Republic Martin Ghafoori, Managing Director, Stifel Kate Hatfield, Mayor, Frontenac Megan Johnson, Council Member, Rolla Ella Jones, Mayor, Ferguson Dustin Kessler, Mayor, Morrisville John Moore, Alderman, St. Robert John Roach, City Administrator, LaGrange Gail Sneeden-Kindhart, Council Member, LaGrange Jeffrey Stone, Council Member, Fulton Melissa Stradt, Deputy City Clerk/Utility Clerk, St. James

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Participants complete 12 hours of study in core areas and four hours of elective training. The program is open to both elected and appointed municipal officials and utilizes existing MML training opportunities, such as conferences and online training, as well as specially-crafted workshops to provide meaningful and useful information.

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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.

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LOCAL GOVERNMENT Review

Congratulations To The 2024 MML Innovation Award Winners!

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(population greater than 30,000)

CITY OF INDEPENDENCE

Large City

(population between 15,000-30,000)

CITY OF GRANDVIEW

Monarchs on Main

Independence TOGETHER

Medium City

Small City

CITY OF KEARNEY

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19th Street Interchange and Complete Streets Project

Kenton and Friends Inclusive Playground

(population between 5,000-15,000)

MML Innovation Awards Plan to submit your project for 2025!

Learn more at www.mocities.com 32

theReview November/December 2024

(population less than 5,000)

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33

MEMBER & MML News Missouri Municipal League Elects New Leadership The Missouri Municipal League elected new leadership at the organization’s 90th Annual Conference in September.

MML President: Len Pagano, Mayor, St. Peters Mayor Len Pagano has served the city of St. Peters as an elected official since 1983, when he was elected as a Ward 3 Alderman. He served as an alderman until he was elected mayor in 2007 to fill a vacancy. In 2008, Mayor Pagano was elected to his first full four-year term, and is now in the middle of his fourth full term as mayor. He served honorably in both the U.S. Army and U.S Navy. He is retired from Unilever HPC where he worked as St. Louis plant warehouse coordinator. He and his wife, Joyce, raised three children, and they now have eight grandchildren and four great grandchildren.

Mayor Pagano currently serves on the President’s Advisory Board on Community for Lindenwood University, is an executive board member for Metro Mayors of St. Louis and serves on the executive board for Missouri Mayors United. He has served on the board of directors for the Missouri Municipal League since 2019.

During Len Pagano’s tenure as mayor, the city of St. Peters has been recognized six times by Money Magazine as one

of the 100 Best Places to Live in America. In 2017, St. Peters was named No. 15 among the nation’s Best Places to Live.

MML Vice President: Damien Boley, Mayor, Smithville Mayor Boley, currently serving his fourth term as mayor of Smithville, has led significant infrastructure advancements since his election in 2018. Under his leadership, Smithville has secured more than $10 million in grants for infrastructure projects and received recognition for improved budget transparency.

Boley serves as 2nd vice chair of Mid-America Regional Council. He was appointed to the MML board of directors in 2019 and elected to his first full term in 2020, then again in 2022. He also serves on the MML Environment, Energy and Sustainable Development Committee.

He resides in Smithville with his wife and daughter. Boley has worked in IT for the past 25 years and enjoys traveling.

MML Board Member: Melissa Burton, City Clerk, Overland Melissa J. Burton has served as the city clerk of the city of Overland since 2009, adding on duties of finance manager in 2012. Melissa previously served as city clerk/treasurer for her home municipality of Flint Hill for four years. Prior to her service in local government, Burton served in the United States Marine Corps. Returning to her hometown after her family’s military service, Melissa stayed home for 10 years to raise three daughters, while completing her bachelor of arts at Lindenwood University, graduating Magna Cum Laude in 2004.

STORM CLEANUP In July 2005, she answered a postcard ad DISPOSAL HAULING LAND CLEARING for a “part-time bookkeeper/secretary” CONTRACT GRINDING for the city of Flint Hill. She did not really FORESTRY MOWING know about local government at the time but found a professional career and a AgriCycle is an industry leader in yard waste grinding, storm clean up, wood waste recycling, and passion for local government service. forestry mowing. Our fleet consists of three 1000 HP tub grinders equipped with all screen sizes that are ideal for mulching municipal yard waste and vegetative debris. Our horizontal grinders Burton is a past president of the are all rated above 1000HP and are capable of handling any land clearing projects in the region.

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theReview November/December 2024

MEMBER & MML News past president of the MoCCFOA Eastern Division. She was named the 2019 MoCCFOA Outstanding City Clerk. She holds professional certifications of Missouri Professional City Clerk (MPCC) from MoCCFOA, and Master Municipal Clerk (MMC) from International Institute of Municipal Clerks (IIMC.) In her free time, you can often find her outdoors on one of the many trails in and around St. Charles County with her husband, David, or in her craft room challenging her skills making a variety of handcrafted items.

MML Board Member: Barbara Flint, Finance Director, Eureka Barbara Flint has served with the city of Eureka since April 2012 as the finance director. Previously, she served as the assistant to the city administrator and the finance director for the city of Wildwood for 4 years.

Flint has served on the local and state boards of the Missouri Government Finance Officers Association for 10 years. She received her Certified Public Finance Officer (CPFO) certification in 2018 and was designated a Certified LAGERS Administrator in 2024.

She earned her bachelor of science in accounting with a minor in business administration from Central Methodist University. Flint enjoys learning new things with her staff and serving the board of aldermen and the citizens of Eureka. In her free time she enjoys spending time with her family and cooking.

MML Board Member: John Josendale, Mayor, St. Joseph John Josendale was elected mayor of St. Joseph in April 2022.

A native of St. Joseph, John attended public elementary schools and Missouri Military Academy before graduating from the University of Missouri – Columbia with a bachelor's degree in business administration. He earned a master’s in business administration from Pepperdine University.

Josendale served as a senior executive and business leader for 48 years with success in market development and managing change in a diverse

industry and highly competitive U.S. and international environment. He has worked in sales, business development, and operations, serving in capacities of direct sales, product management, regional management, and global management.

Josendale currently serves on the Buchanan County Tourism Board, St Joseph Chamber of Commerce Board, Greater Kansas City Chamber of Commerce Board and has previously served as a member of the TIF commission. He has served on boards including Children First School, Bishop LeBlond High School, Pony Express Museum, Family Guidance Center, Gold Bank, Albrecht-Kemper Museum of Art, United Way, Allied Arts Council, and the Missouri State Chamber of Commerce.

He and his wife Jennifer have three children and four grandchildren.

MML Board Member: Dustin Kessler, Mayor, Morrisville A lifelong resident of Morrisville, Dustin Kessler has been a dedicated public servant since his early twenties. First elected as an alderman at the age of 21, he served in that capacity for 12 years before being elected mayor in 2020. Kessler holds a specialist in education administration degree from William Woods University and is a former public school teacher. He has earned his Certified Municipal Official and Advanced Certified Municipal Official designation from MML’s

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MEMBER & MML News Municipal Governance Institute.

During his tenure as mayor, Kessler has spearheaded significant improvements for Morrisville’s 400 residents. He has led the development of a police department, secured a crucial water grant, and modernized the City’s code of ordinances, which had remained unchanged since 1909.

Currently, Kessler is embarking on a new venture with the launch of his consulting firm, CityWise Municipal Solutions, LLC. The firm provides specialized services and is available to fill in for vacancies or perform functions for local governments, ensuring the continuity of essential operations and promoting effective governance.

MML Board Member: Michael Padella, City Administrator, Cottleville Padella has more than 23 years of municipal government experience.

Before serving with Cottleville, he served as the city administrator for the city of Weldon Spring for 17 years. He was also the mayor of the city of Old Monroe for 10 years. He has successfully managed public works projects, parks and recreational initiatives/activities, financial resources, and staff.

Padella has served on numerous professional and civic organization boards and committees including the St. Charles Economic Development Council, Knights of

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theReview November/December 2024

Columbus, and the Cottleville/Weldon Spring Chamber of Commerce. He is involved with the Missouri City/County Managers Association, the St. Louis Area City Managers Association and the St. Charles County Municipal League.

Padella earned his bachelor of arts in finance, political science and public administration and his master of business administration – public administration from Lindenwood University.

Padella lives in St. Charles with his wife Cynthia and their two sons.

MML Board Member: Sean Wilson, Mayor, Waynesville Sean A. Wilson has been the mayor of the city of Waynesville for 18 months. He previously served two terms as a council member prior to being appointed as mayor in 2023, and later elected for a four-year term April 2024. He has earned the Certified Municipal Official and the Advanced Certified Municipal Official designation through the MML Municipal Governance Institute. Wilson also serves as a member of the Municipal Administration and Intergovernmental Relations Policy Committee with MML. Wilson has served his community on many different boards such as the Waynesville City Park Board, Waynesville/ Saint Robert Senior Center Board, the Pulaski County Salvation Army Board, The Pulaski County Community Organizations Active in Disaster (COAD), the Meramec Region Planning Commission (MRPC) as treasurer, the Transportation Advisory Committee (TAC) as the chair, and an operations committee member. Wilson has been recognized as the 2017 Waynesville-Saint Robert Chamber of Commerce Volunteer of the Year, recipient of the Meramec Regional Outstanding Volunteer award in 2017, and the 2021 Citizen of the Year.

Sean and his wife Janice are retired Army Combat veterans with a combined service of 43 years. They reside in Waynesville with their two children who both attend college at Missouri State University.

Wilson is attending Liberty University pursuing his educational specialty degree in community counseling, emphasizing marriage and family therapy, and is currently a provisional licensed professional counselor within his community.

Thank You To The 2024 MML Business Advantage Program Sponsors PLATINUM SPONSORS Ollis/Akers/Arney Insurance & Business Advisors Missouri American Water Burns & McDonnell

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SILVER SPONSORS MIRMA Piper Sandler & Co. Gilmore & Bell, P.C.

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MoDNR Brownfields/ Voluntary Cleanup Program

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BRONZE SPONSORS Lashly & Baer, P.C. • Veregy • CTC Disaster Response, Inc. • Sapp Design Associates Architects JEMA • Energy Solutions Professionals • Interim Solutions, LLC • Performance Services www.mocities.com

37

MEMBER & MML News

MML 90TH ANNUAL CONFERENCE September 15-18, 2024

BRANSON CONVENTION CENTER, BRANSON, MISSOURI MML welcomed nearly 650 municipal officials and employees from more than 200 member cities in September for the 90th MML Annual Conference in Branson, Missouri. More than 150 organizations shared their product and service in the exhibit hall, and educational sessions covered topics such as economic development, cybersecurity, infrastructure, social media, and more. Keynote speaker Meagan Johnson shared best practices to transform and engage team members from all generations, and a pre-conference session on artificial intelligence provided meaningful ways to use AI successfully in local government.

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theReview November/December 2024

www.mocities.com

39

MML Calendar of Events MML Calendar of Events

Save The Dates!

November 2024 13-16 ����� National League of Cities' City Summit, Tampa, Florida 21 ����� Municipal Institute: Afterschool Programs, Lake Ozark, Missouri

December 2024 3 ����� MML Webinar: ADA Title II and Section 504 Web Accessibility Update 3-4 ����� Missouri Asphalt Conference, Rolla, Missouri 5 ����� MML Board Meeting

January 2025 8 ����� First Day of Missouri Legislative Session 9 ����� MML Webinar: Writing A Winning Proposal 15 ����� MML Central Region Meeting 30-31 ����� SGR Servant Leadership Conference, Grapevine, Texas and Virtual

February 2025 18-19 ����� MML Legislative Conference, Jefferson City, Missouri

March 2025 18 ����� MML Webinar: Missouri's Bird-Friendly Communities

MML 2025 Conferences MML Legislative Conference

February 18-19, 2025 Jefferson City

MML Elected Officials Training June 12-13, 2025 Columbia

MML 91st Annual Conference September 14-17, 2025 St. Charles

Find more events and details on www.mocities.com and in the MML e-newsletter.

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theReview November/December 2024

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41

2024 Review Article Index Advocacy

Municipal Government

Public Works

2024 Missouri Legislative Session Recap - 8, Jul/Aug

2023-2024 Supreme Court Term Roundup: Decisions Important To Local Government - 20, Sept/Oct

Computer-Based Exams Available For Operator Certification - 39, Jan/Feb

Building Relationships With Your Legislator: Your Voice Makes A Difference! - 16, May/ June Lobbyist Gifts And The Local Government Official - 15, Jul/Aug

City Profile Harrisonville, Missouri: Where Tradition Meets Innovation - 6, Mar/Apr

Battlefield’s Fitness Court Offers Outdoor Wellness - 37, Jan/Feb Conducting Elections - 17, Sept/Oct FAQ: POST Certification - 18, Mar/Apr Forever Chemicals And The New Federal Updates - 18, Jul/Aug

St. Peters Continues To Soar! - 6, Nov/Dec

Home Is Where The Business Is: Limitations On Local Governments In A Work-FromHome World - 10, Nov/Dec

Economic Development

Launching Missouri’s Bird-Friendly Communities Program - 12, Sept/Oct

Missouri’s LTAP Scholars Program Promotes Workforce Development - 21, Jan/Feb

Member Profile Getting To Know You: James Eckrich - 24, Jan/Feb Getting To Know You: Haden Mattke - 26, Jan/Feb Getting to Know You: Bob Bennett - 28, Mar/Apr Getting To Know You: Bwyane Smotherson and Dan Hartman - 31, May/June Getting To Know You: Michelle Thompson - 33, Jul/Aug Getting To Know You: Kevin Roberson - 28, Nov/Dec

Municipal Administration Accountability Check-Up: How To Diagnose If Your Team Has An Accountability Problem - 6, Sept/Oct

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theReview November/December 2024

W h at D o e s In f l at i o n Me a n To A Municipality? How Inflation Could Impact Planned Construction - 16, Jan/Feb

2024 Author Index

Parliamentary Procedure For Everyday Meetings - 9, May/June Roles And Responsibilities Of Elected Officials - 6, May/June Urban Homesteading: Considerations For Local Governments - 21, Nov/Dec What I Wish I Had Known Before I Was Elected: Advice From Experienced Elected Officials - 22, May/June

News From The Bench Police Officers’ Bill of Rights Case Update - 27, Mar/Apr The Trouble With Electronic Records: Creation v. Re-Creation Under the Sunshine Law - 24, Mar/Apr

Public Safety

Zap The Generational Gap! - 11, Jul/Aug

Planning For A Great Damage Prevention Program For Utilities - 8, Jan/Feb

Navigating The Social Media Landscape: Why Elected Officials Should Steer Clear of Online Spats - 12, May/June

How One Missouri City Reduced Cyber Risk And Halved Their IT Budget - 25, Nov/Dec

What Your City Attorney Wishes You Knew - 19, May/June

Miss our i Rura l Water Ass o ci at ion Apprenticeship Program - 42, Jan/Feb

What The New WOTUS Decision May Mean For Missouri Municipalities - 23, Jan/Feb

U.S. Supreme Court Clarifies Whether Social Media Posts By Public Officials Are “State Action” - 12, May/June

Using Employee Surveys To Improve Employee Retention - 10, Mar/Apr

EPA, Army Amend WOTUS Rule In Response To Supreme Court’s Sackett II Ruling - 22, Jan/Feb

Municipal Swimming Pools Versus Splash Pads - 15, Mar/Apr

Building And Sustaining Trust - 26, May/ June

Municipal Audit Scarcity Impact Factors: An Abridged Article Of The Report From MOCPA.org/gov-audit - 15, Nov/Dec

Disaster Recovery Is Not a Sprint - 12, Jan/ Feb

FAQ: Railroad Crossings - 27, Sept/Oct How To Make Your Crosswalks Safe: A Free Pedestrian Safety Kit For Missouri Communities - 34, May/June Missouri’s Safety Circuit Rider Is Ready To Assist Local Agencies With Roadway Safety - 20, Jan/Feb

Barnett, Daniel - 6, Mar/Apr Bedian, Lisa - 6, Nov/Dec Blaylock, Tayleur - 24, Mar/Apr; 12, May/June Dykemo, McKaia - 20, Sept/Oct Ellickson, Mark - 10, Mar/Apr Everett, Billy - 42, Jan/Feb Gehner, Lauren - 20, Jan/Feb Ghafoori, Martin - 15, Nov/Dec Goodwin, Karen - 9, May/June Helmig, Darlene - 39, Jan/Feb Huckstep, Ramona - 23, Jan/Feb; 18, Jul/Aug Johnson, Meagan - 11, Jul/Aug Lanahan, Michael - 6, Sept/Oct Lennon, Brianna L. - 17, Sept/Oct Martin, Hunter R. - 21, Nov/Dec Martinez-Ruckman, Stephanie - 20, Sept/Oct McLean, Larry - 25, Nov/Dec Norden, Randy - 8, Jan/Feb O'Keefe, Kevin - 6, May/June PFM Asset Management LLC - 16, Jan/Feb Pickerill, Dr. Heath - 21, Jan/Feb Price, Jim - 22, Jan/Feb Rost, Paul - 24, Mar/Apr; 10, Nov/Dec Schraeder, Ivan - 27, Mar/Apr Shannon, Karen - 26, May/June Sheets, Richard - 8, Jul/Aug Shockey, Sheila - 12, May/June Spratt, Jeremy - 18, Mar/Apr Sprung, Mary J. - 15, Nov/Dec Wiecher, Dave - 15, Mar/Apr Wilbers, Amanda - 12, Jan/Feb Woelfel, Kaylee -12, Sept/Oct Ziegler, Elizabeth - 15, Jul/Aug

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theReview November/December 2024

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