November2013review

The Missouri Municipal

Review

The Official Publication of The Missouri Municipal League

In This Issue: • MML Policy Guide • U.S. Supreme Court Preview • City Fiscal Conditions 2013 • Tactics for 21st-Century Cities

November 2013

Missouri Securities Investment Program A Cash Management Program for School Districts, Municipalities and Other Political Subdivisions

The Missouri Securities Investment Program (“MOSIP”) is a comprehensive cash management program for school districts, municipalities, and other political subdivisions. MOSIP was created in 1991 by the Missouri School Boards Association.

MOSIP offers its participants a professionally managed portfolio with competitive money market rates. MOSIP stresses “safety of principal” as the number one objective and is rated AAAm by Standard and Poor’s.

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This information does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website at www.mosip.org. While the MOSIP Money Market Series seeks to maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Member SIPC. Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor's rating criteria, the AAAm rating signifies excellent safety of invested principal and a superior capacity to maintain a $1.00 per share net asset value.

However, it should be understood nor a recommendation to The Missouri Municipal Reviewthat the rating is not a "market" ratingwww.mocities.com buy, hold or sell the securities.

The Missouri Municipal

Review

November 2013

VOLUME 78, NO.6

The Official Publication of The Missouri Municipal League

contents

President

Councilmember Jan Marcason Kansas City

4 / President's Report 5 / Director's Report 6 / Why Accounting And Financial Reporting For Governments Is Different Than Businesses

by Jeffrey Winter

Vice President

Mayor Bill Kolas Higginsville

12 / City Fiscal Conditions in 2013

by Michael Pagano and Christiana McFarland

Immediate Past President Mayor Pro Tem Susan McVey Poplar Bluff

16 / MML's Municipal Policy 2013-2014

e

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS David Bower, Mayor, Raytown; Conrad Bowers, Mayor, Bridgeton; Roger Haynes, Deputy City Manager, Mexico; Bill Johnson, Director of Administration, Fulton; David Kater, Mayor, Desloge; Patrick Kelly, Mayor, Brentwood; Donald Krank, Councilmember, Black Jack; Paul Martin, Attorney, Olivette; *Norman McCourt, Mayor, Black Jack; *Ron Monnig, Councilmember, Slater; Raeanne Presley, Mayor, Branson; John “Rocky” Reitmeyer, Alderman, St. Peters; Matthew G. Robinson, Mayor, Hazelwood; Frank Roland, Mayor, Hillsboro; Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Tom Short, City Administrator, Carthage; Robert Stephens, Mayor, Springfield; *Gerry Welch, Mayor, Webster Groves; *Kevin Wood,

Mayor, Harrisonville. *Past President

e

AFFILIATE GROUPS: Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs. www.mocities.com

24 / Supreme Court Term Preview: Local Government At The High Court

by Lisa Soronen and Victor Kessler 25 / Can The Threat Of Defunding Education Slow Down Tax Cuts?

by Penelope Lemov 26 / MML's 79th Annual Conference

departments 10 / TechTalk: Seven Tactics For 21st-Century Cities

by Abhi Nemani 28 / MML News / New MML Board Members 29 / MML Calendar of Events 30 / Professional Directory 33 / News From The Bench 34 / 2013 Index of Articles and Authors Laura Holloway, Editor Contributing Editors: Dan Ross and Richard Sheets Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109.

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.

The League’s Website address is: www.mocities.com.

The Missouri Municipal Review

November 2013 /3

President’s Report. . .

MML President Councilmember Jan Marcason Kansas City

I

am honored to serve over the next year as your Missouri Municipal League president.

During the Annual Conference in September, the League elected a new vice president, Higginsville Mayor Bill Kolas. We

also welcome four new elected board members: Paul Martin, city attorney, Olivette; Matthew Robinson, mayor, Hazelwood; Robert Stephens, mayor, Springfield; Patrick Kelly, mayor, Brentwood.

I am so appreciative of the direction from our immediate past president, Susan McVey. Her dedication to Missouri cities is unwavering and we look forward to her continued service on the Board.

This is an interesting time for local government. With so many uncertain developments at the federal level, states and municipalities must find new ways to solve challenges. This provides an opportunity for local government to shine. A recent report released by the National League of Cities details the fiscal conditions of cities in 2013, reflecting improvements happening even while still facing effects of the economic downturn. For the first time since 2006, city finance officers project a small year-over-year increase in general fund revenues measured in inflationadjusted dollars. Find more information from this report on page 12.

While cities continue to move forward, challenges remain for next year’s legislative session. It is crucial for

your community to be involved. Keep up with the League’s legislative updates and respond to alerts. Communicate regularly with your local legislators and stress how your citizens are affected by proposed legislation.

Your MML staff will be working hard to provide a united voice for Missouri cities and make sure lawmak ers underst and h o w l oca l government impacts a citizen’s dayto-day life. The League will be looking for new ways to reach out and engage communities, and continue to serve as your resource for inquiries, training, advocacy and outreach.

One opportunity for engagement is to attend MML’s Legislative Conference in Jefferson City Feb. 11-12, 2014. There, Missouri’s top legislators and stakeholders will detail what we are all facing during the Missouri legislative session. It’s also the perfect time to visit with your legislator faceto-face and renew ties with your fellow local officials.

I look forward to working with you in 2014 as your board president.

Together, we’ll continue working to improve the quality of life for Missouri communities. Be sure to add your voice.

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4 / November 2013

The Missouri Municipal Review

www.mocities.com

Director's Report. . .

I

Dan Ross Executive Director

have shared my views at times in this column regarding the power of partnerships.

I firmly believe that when local governments work together, our communities are stronger.

It is not uncommon for firms

Why Should You Visit MML's Website?

to approach me with partnership opportunities that may (or may not) benefit Missouri municipalities. I evaluate proposals with one focus – how can they help a municipality succeed? With that in mind, I’m pleased to move forward with a partnership that can greatly assist municipalities with your purchasing needs. In addition, it can make finding a capable trusted vendor an easier process.

Beginning this fall, MML is p artnering wit h The Buy Board Cooperative, a nationwide purchasing program that has strong experience in serving non-profit organizations.

The BuyBoard obtains competitive proposals on thousands of products and meets all state-level bid laws. It quickly offers you a pricing alternative on everything from pencils to public works equipment, 24 hours a day, seven days a week. There is no minimum purchase and participation is free.

All BuyBoard contracts have already been through a competitive procurement process that can save you the time and cost of bid preparation and contract award. For additional time

savings, cities can utilize the online RFQ (request for quote) function. This electronic request permits members to select numerous vendors when submitting requests. Members can place orders on the secure website, email or fax purchase orders for sameday processing. Searches by vendor or product type are simple and quick.

One way to ensure success in this partnership is to encourage your trusted vendors, and particularly Missouri vendors, to become involved.

If you have a trusted source you use on a consistent basis and are pleased with their service/products, please have them contact me. Our goal is to provide saving opportunities for municipalities, but we would be very pleased if those purchases were being made with Missouri companies.

If you have immediate questions about this offering or wish to be contacted directly, please contact me at MML or David Ricketts with BuyBoard (david.ricketts@buyboard.com or 913424-5758).

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

• Current Job Opportunities

• Member City Websites • Daily Local News • MML Conferences • Latest Legislative Action • Publications

• Sample Ordinances

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The Missouri Municipal Review

November 2013 / 5

WHY ACCOUNTING AND FINANCIAL REPORTING FOR GOVERNMENTS IS DIFFERENT THAN BUSINESSES

by Jeffrey Winter

T

here are more than 80,000 governmental entities in the United States consisting of counties, municipalities, townships, independent school districts and special districts.

Each government must adhere to accounting and financial reporting standards set by the Governmental Accounting Standards Board (GASB).

These standards and the resulting financial statements are similar to those of businesses, but maintain a number of key differences that often prompt individuals with business backgrounds to ask the question: Why are the standards different for governments?

This is a question that the GASB recently tackled in its White Paper titled, “Why Governmental Accounting And Financial Reporting Is – And Should Be – Different.” In short, the answer is the standards differ because the environments of governments and businesses and the users of their financial statements differ.

Different Purposes

American businesses follow accounting standards set by the Financial Accounting Standards Board (FASB). FASB states that “the objective of general purpose financial reporting is to provide financial information about the reporting entity that is useful to existing and potential investors, lenders and other creditors in making decisions about providing resources to the entity.

Those decisions involve buying, selling or holding equity and debt instruments, and providing or settling loans and other forms of credit.”

FASB has identified investors and creditors as the primary users of financial statements. While governments also have creditors, there is no equivalent of an “investor” in the government world as it is not possible to own an equity stake in a government.

Furthermore, the primary users of governmental financial statements also include citizens and elected representatives. As the needs of these

6 / November 2013

user groups differ so too does the purpose of financial reporting.

Governments are created to provide their citizens with public services that businesses are not incentivized to provide. This includes a wide variety of services from law enforcement to recreational activities to road repair.

The users of these services are interested in the government’s ability to sustain the services and their ability to do so efficiently. Further, they want to know if the burden of paying for current services has already been funded or shifted to taxpayers in future years.

Accordingly, governmental financial statements have been constructed to focus on the services provided by governments and the revenue sources used to provide those services.

In contrast, businesses are created to generate wealth for owners that is measured by net income and earnings per share. These key components of business financial statements are irrelevant to governments as they do not have shareholders and are not focused on generating wealth.

In fact, in the government environment, revenues that greatly exceed expenses year after year might be interpreted as evidence of over taxation, or a level of services not commensurate with revenues, not of strong financial performance.

Revenue Generation

Another key distinction between governments and businesses is how revenue is generated. For businesses, revenue is generated through sales of goods and services in a competitive market.

While it is true that many governments generate at least some revenue by offering services (utilities, parks and recreation fees, for example), the revenue is not typically earned in a competitive marketplace. The more significant difference in revenues is governments’ ability to generate The Missouri Municipal Review

revenues through taxes on sales, income, property and other activities.

These types of revenues are referred to as “nonexchange” transactions because they do not result from a voluntary exchange between willing participants. In fact, the parties who provide the funding under nonexchange transactions are often not the same parties receiving the services funded – or at least they do not benefit in direct correlation to the amount of funding provided.

As a result, the nature of nonexchange transactions requires different accounting considerations than exchange based revenues.

The purpose of capital assets also differs between governments and businesses. Capital assets are purchased to help businesses generate future cash flows. These assets include machinery for manufacturing companies, buildings for those in real estate, and vehicles for transportation services.

Governments acquire capital assets to provide services to their residents (which may be different than the taxpayers in some instances). Therefore, it makes sense for governments to look at the service potential of capital assets when determining if their value has been impaired whereas businesses should examine the asset’s ability to produce future cash flows.

Insolvency

There also are key environmental differences between governments and businesses related to their potential for longevity. The failure rate of restaurants and other startup businesses has been well publicized by the media. Even large, well-known corporations are subject to a variety of business risks and occasionally fail.

As a result, it is important for the financial statements of businesses to contain information about the liquidation values of assets and liabilities.

Conversely, the risk of liquidation for governments is extremely low due www.mocities.com

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November 2013 / 7

to their ability to tax citizens. While government bankruptcies are currently at all-time highs they still only occur in one of every 1,668 governments (or 0.06 percent) as of January 2013.

Budgets

The role of the budgets in g overnmen t s and businesses also differs. Most businesses rely on budgets as part of their internal management structure. This tool enables the business to benchmark and track their progress throughout the year although there is no legal requirement or responsibility to adhere to the budget.

In contrast, governments use budgets for those purposes but also to control the level of taxation and the spending of resources by the government. Government budgets are legally adopted at the highest level of governance, generally in compliance with statute, ordinance or charter, and after appropriate public forums have been conducted.

Furthermore, expenditure budgets generally cannot be exceeded or

8 / November 2013

significantly modified without formal action of the governing body. Because governments are legally required to adopt and adhere to budgets as part of their management of public resources, GASB requires reporting budget versus actual schedules for the general fund and major special revenue funds in the financial statements.

It Should Be Different

All of these factors contribute to the need for separate accounting and financial reporting standards for businesses and governments.

It is impossible for governments to report on measures such as earnings per share. Likewise, it would not make sense for their financial reports to ignore users such as citizens and elected representatives, or the implications of unique features of governments such as nonexchange transactions, the purpose of capital assets, the relative absence of liquidity risk, and the role of legally adopted budgets.

As a result, GASB operates as an independent, standards-setting body

The Missouri Municipal Review

with the primary responsibility for setting accounting standards for states and local governments.

GASB has evaluated the needs of users of governmental financial statements to create a framework and standards that focus on sound management of public resources rather than the ability to generate money.ď ą Jeffrey Winter, CPA, is partner-in-charge of RubinBrown’s Public Sector Services Group and has been serving public sector clients for more than three decades. His experience includes providing financial reporting and accounting services to municipalities, counties, school districts and state agencies. Winter is a member of the Association of Government Accountants, the Government Finance Officers Association of the Greater St. Louis and Kansas City Areas, and the special review committee of the Government Finance Officers Association. He can be reached at jeff.winter@rubinbrown.com or (314) 2903408.

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The Missouri Municipal Review

November 2013 / 9

Tech Talk

B

7

TACTICS FOR 21ST-CENTURY CITIES

e it the burden placed on them by shrinking federal support, or the opportunity presented by modern technology, 21st-century cities are finding new ways to do things. For four years, Code for America (http://www.govtech.com/data/codefor-Amerca-Innovation-Ecosystem. html) has worked with dozens of cities, each finding creative ways to solve neighborhood problems, build local capacity and steward a national network. These aren’t one-offs.

Cities are championing fundamental, institutional reforms to commit to an ongoing innovation agenda.

Here are a few of the ways how:

1. Create A Space To Experiment.

Cities should commit to innovation by creating offices or departments dedicated to trying things differently and making it safe for others to do so. Such risk aggregators are the first step toward reinvigorating a culture of experimentation within city hall.

Action Item: Create an office of new urban mechanics or appoint a chief innovation officer.

2. Use Good Data For Better Decisions.

Governments – especially cities – steward much data, and government officials can use it to make better decisions on resource allocation, performance improvement and even policies. But remember that not all data is created equally and data gains meaning with context.

Action Item: Appoint a chief data officer or create an office of performance management/enhancement.

3. Design For/With Citizens.

In many ways, governments are like any other business: They need tools for customers (citizens) to interact with them. But governments can’t slice their customers into demographic groups, targeting some and excluding others: government serves us all. Through

10 / November 2013

by Abhi Nemani

for community-watch groups and cleanups.

Action Item: Work with the local civic tech community and engage citizens for their feedback on city policy through events, tech and existing forums.

6. Bias Toward Open.

user-driven design, ongoing feedback, and rigorous testing and iterations, government websites can continually connect with more citizens, more effectively.

Action Item: Adopt the Gov. UK Design Principles, and require plain human language on every interface.

4. Don’t Be An Island.

Our 21st-century public institutions were created with an 18thcentruy notion of technology. With no national communication infrastructure, we built cities as silos, each operating within a geographical proximity of its own as an autonomous, distinct unit, though they were tasked with essentially the same mandate. Things have changed. Cities can now work together to pool resources and share best practices.

Action Item: Share open source technology with a sister city or change procurement rules to make it easier to redeploy civic tech.

5. Tap Into The Community’s Capacity.

Technologists are helping write websites and build new tools in their free time; teenagers are texting in their input to city plans as they walk down the street; volunteers are coordinating emergency response with smartphones; and neighbors are hosting Meetups The Missouri Municipal Review

Closed systems tend toward control, while open ones tend toward innovation. Open systems begin with the belief that the best idea won’t always come from the people in the room, or in this case, city hall. Instead, as the Internet has evidenced time and time again, opening up access to data and opportunities leads to wildly emergent, amazing and valuable outcomes.

Action Item: Create an open data policy and adopt open data specifications.

7. Take Tech Seriously.

Technology no longer lives in the IT department. Each element of government – trucks, buildings, pipes, services – has a technology component, and more often, Web-based and citizenfacing apps. That demands rethinking of how each of those very services could be delivered via technology. Thus, new skills and perspective must seep into city hall via fellowships, volunteers, trainings or hiring.

Action Item: Attract tech talent into city leadership and create training opportunities citywide to level up the tech literacy for city staff.

Abhi Nemani is a writer, speaker, organizer and technologist. For the past four years, he has helped build the national non-profit, Code for America, a technology organization dedicated to reinventing government for the 21st centruy. Currently serving as co-executive director, Abhi leads growth and product strategy. Find more information regarding Code for America at www.codeforamerica.org.

This article is a reprint from www.govtech. com, October 21, 2013.

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The Missouri Municipal Review

November 2013 / 11

CITY FISCAL CONDITIONS IN 2013

by Michael Pagano and Christana McFarland

T

he nation’s city finance officers report that the fiscal condition of cities in 2013 is improving, although they are continuing to confront the prolonged effects of the economic downturn.2 Recovering local and regional economies experiencing slowly improving housing markets and increased consumer spending are strengthening local tax bases and economic outlooks. However, high levels of unemployment, uncertainty about federal and state actions, and long-term pension and health benefit obligations continue to constrain the fiscal outlook for many cities. Cities operate under an annual balancedbudget requirement, which requires that they actively consider adjustments to their fiscal powers – both revenues and expenditures – over the course of the fiscal year.

The National League of Cities’ (NLC) latest annual survey of city finance officers finds that: • Overall, a majority of city finance officers (72 percent) report that their cities are better able to meet financial needs in 2013 than in 2012; • As finance officers look to the close of 2013, they project a small year-overyear increase in general fund revenues measured in inflation-adjusted dollars – the first increase since 2006: – Property tax revenues continued to decline in 2012 and are projected to decline in 2013, reflecting the lagged impact of real estate market declines; – Sales tax revenues and local income tax revenues experienced marked increases in 2012, with projections for further growth in 2013; – Ending balances increased in 2012 as cities began to rebuild reserves that were used to help weather the aftermath of the Great Recession.

• Factors pressuring city budgets include infrastructure costs, public safety costs, employee-related costs for health care, pensions, wages and cuts in state and federal aid; and • Confronted with these pressures and conditions, cities are maintaining local services while continuing to reduce 12 / November 2013

personnel costs for pensions, health care benefits and employee wages.

Meeting Fiscal Needs

In 2013, 72 percent of city finance officers report that their cities are better able to meet fiscal needs than in 2012 (See Figure 1). City finance officers’ comparative assessment of their cities’ fiscal conditions from year to year in 2013 improved significantly from their assessments in both 2012 and 2011, when 57 percent and 43 percent, respectively, said their cities were better able to meet financial needs than in the previous year. The 2013 findings reflect gradually improving economic conditions in many cities after several years of shortfalls and service cuts.

Revenue And Spending Trends

Revenue and spending shifts in 2012 and 2013 paint a mixed fiscal picture for America’s cities. General fund revenues declined in 2012, the sixth straight year-over-year decline going back to 2007. 3 However, a very small increase in general fund revenues is projected for 2013, suggesting that city finance officers are expecting little change in revenues from 2012 to 2013.

Similarly, general fund expenditures declined in 2012 and are projected to increase marginally in 2013.

In constant dollars (adjusted to account for inflationary factors in the state-local sector), general fund revenues in 2012 declined -0.9 percent

from 2011 revenues, while expenditures declined by -0.2 percent. 4 Looking to the close of 2013, city finance officers project that general fund revenues will increase slightly by 0.1 percent and expenditures will grow by 1.5 percent.

In comparison to previous periods, the past 12 years have been marked primarily by challenging city fiscal conditions. Recessions in 2001 and 200809 were followed by lackluster economic recoveries. City revenue collections typically lag economic transitions. The revenue and expenditure projections of city finance officers for 2013 point to continuing slow recovery. While conditions are no longer deteriorating, the capacity of city budgets remains weakened coming out of the Great Recession. (For more on the lag between economic changes and city revenues, see box on page 15.)

Tax Revenues

The fiscal condition of individual cities varies greatly depending on differences in local tax structure and revenue reliance. While nearly all cities have access to a local property tax, more than half also are reliant upon local sales taxes, and some cities (fewer than 10 percent nationally) are reliant upon local income or wage taxes. Understanding the differing performance of these tax sources and the connections to broader economic conditions helps explain the forces behind declining city revenues.5 Property Taxes. Local property

Figure 1.

The Missouri Municipal Review

www.mocities.com

tax revenues are driven primarily by the value of residential and commercial p r o p e r t y , w i t h pr op erty tax bills determined by local governments’ assessment of the value of property.

Property tax collections lag the real estate market because local assessment practices take time to catch up with changes. As a result, current property tax bills and property tax collections typically reflect values of property anywhere from 18 months to several years prior to their collection.

The effects of the downturn in the real estate market in recent years continue to be evident in city property tax revenues in 2012-13. Property tax revenues in 2012 dropped by -0.4 percent compared with 2011 levels in constant dollars – the third straight year-overyear decline in property tax revenues.

Property tax collections for 2013 are projected to decline, albeit only slightly, by -0.2 percent. However, improving housing markets in many parts of the country suggest an improving outlook beyond 2013.

Sales Taxes. Changes in economic conditions also are reflected in city sales tax collections. When consumer confidence is high, people spend more on taxable goods and services, and city governments with sales-tax authority reap the benefits through increases in sales tax collections. For much of the past decade, consumer spending also was fueled by a strong real estate market that provided additional wealth to homeowners. The struggling economy and the declining real estate market reduced consumer confidence, resulting in less consumer spending and declining sales tax revenues. However, in 2012 as the national economy started to recover and consumer confidence returned, city sales tax receipts increased over previous year receipts by a robust 6.2 percent, similar to growth levels seen prior to the recession. Sales tax receipts are projected to increase again in 2013, although at a slower rate than in 2012, reflecting ongoing caution about the pace of economic recovery and consumer confidence.

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Factors Influencing City Budgets

A number of factors combine to determine the revenue performance, spending levels and overall fiscal condition of cities. Each year, the survey presents city finance directors with a list of factors that affect city budgets.6 Respondents are asked whether each of the factors increased or decreased from the previous year and whether the change is having a positive or negative influence on the city’s overall fiscal picture. Leading the list of factors that finance officers say have increased over the previous year are health benefit costs (84 percent) and pension costs (80 percent). Infrastructure (79 percent) and public safety (69 percent) demands were most often noted as having increased among specific service arenas. Increases in prices or costs of services, also were noted by the majority of city finance officers (81 percent). Leading factors that city finance officers report as having decreased are levels of federal aid (49 percent) and state aid (48 percent). In a shift from prior years, more city finance officers report increases in the local tax

The Missouri Municipal Review

base (51 percent) and the overall health of the local economy (66 percent).

Revenue Actions And Spending Cuts

City finance officers also were asked about specific revenue and spending actions taken in 2013. As has been the case for much of the past two decades, regardless of the state of national, regional or local economies, the most common action taken to boost city revenues has been to increase the amount of fees charged for services. Two in five (39 percent) city finance officers report that their city has raised fee levels. Approximately one in four cities increased the number of fees that are applied to city services (22 percent), and one in five (19 percent) cities increased the local property tax in 2013. Since the mid-1990’s, irrespective of economic conditions, the percentage of city finance officers reporting increases in property taxes in any given year has been reported at about this same level, reflecting stateand voter-imposed restrictions on local property tax authority, as well as the

November 2013 / 13

political challenges of raising property tax rates. Increases in sales, income or other taxes are even less common, as continued to be the case in 2013. When asked about expenditure actions taken in 2013, the most common response was reducing the size of the municipal workforce (32 percent). Three of five (62 percent) cities report increases in public safety expenditures.

The 2010-2013 surveys also asked about specific types of personnel related cuts enacted. In 2013, the most common cut so far was a hiring freeze (38 percent).

At least one in five cities reduced health care benefits (24 percent) or pension benefits (22 percent). However, the percentage of city finance officers reporting personnel-related cuts in 2013 is lower than in 2012 in all categories except pension benefits.

Many cities used some combination of these types of actions in an effort to reduce personnel costs. The U.S. Bureau of Labor Statistics’ latest national unemployment numbers, as of August 2013, revealed that total local government employment in the U.S., including municipal government employment, is more than 500,000 jobs below the August 2008 level7. State budgets also have been confronted with several years of shortfalls and constraints. In many cases, states have been reducing aid and transfers to city governments. NLC’s 2013 survey asked city finance officers about the types of state actions they’ve encountered since 2010, including cuts in general aid 39 percent), cuts in stateshared and/or state-collected revenues (37 percent), revocation or reduction of reimbursement programs or other transfers (26 percent), cuts in funding for services that cities and other local governments deliver on behalf of state governments (21 percent) and transfer of state program responsibility (18 percent). Amid the politics of state budget-balancing, sometimes state actions also have been taken that serve to reduce or limit local authority (21 percent).

This mix of state actions to balance state budgets adds to the cyclical economic pressures that cities and other local governments are confronting.

Looking across state and local actions in response to fiscal stress reveals the pro-cyclical nature of state-local fiscal actions – during economic downturns the decisions that state and local leaders make to balance budgets often exacerbate the effects of the downturn for other levels of government, for employment and for the quality of life and well-being of individuals and communities.

Ending Balances

One way that cities prepare for economic downturns is to maintain adequate levels of general fund ending balances. Ending balances are similar to reserves, or what might be thought of as cities’ equivalents to “rainy day funds,” in that they provide a financial cushion for cities in the event of a fiscal downturn or the need for an unforeseen outlay. Unlike states’ reserves, or “rainy day funds,” there is no trigger mechanism—such as an increase in unemployment – to force release of the funds; instead, reserves are available for spending at any time or for saving for a specific purpose.

City ending balances that are transferred forward to the next fiscal year in most cases are maintained for many reasons. For example, cities build up healthy balances in anticipation of unpredictable events such as natural disasters and economic downturns.

But ending balances also are built up deliberately, much like a personal savings account, to set aside funds for planned events such as construction of capital projects. Bond underwriters also look at reserves as an indicator of fiscal responsibility that can increase credit ratings and decrease the costs of city debt, thereby saving the city money in annual debt service costs. Finally, as federal and state aid to cities has become a smaller proportion of city revenues over time, cities have become more

MIRMA

Missouri Intergovernmental Risk Management Association Phone: 573.817.2554 Web: www.mirma.org

Missouri’s First Municipal Self Insurance Pool

14 / November 2013

BENEFITS:

self-reliant and are much more likely to set aside funds for emergencies or other purposes.

Prior to the recession, as city finances experienced sustained growth, city ending balances as a percentage of general fund expenditures reached an historical high – since the NLC survey was first administered – of 25 percent.

However, as economic conditions made balancing city budgets more difficult, ending balances were increasingly utilized to fill the gap. In 2012, city finance officers proje c t ed en d i n g balances to decline to 12.7 percent of expenditures. Actual ending balances often register at higher levels than projected ending balances. For 2012, final ending balances were reported at 21.5 percent of expenditures, suggesting that cities were once again turning to rebuilding these balances as they emerge from the downturn. Looking to 2013, city finance officers project ending balances at 20.1 percent of expenditures.

Beyond 2013

The reports and projections from the nation’s city finance officers reveal a picture of a gradually improving economy and parallel improving city fiscal conditions. However, the pace and scope of the economic recovery to date is not sufficient to help cities recover from a deep and sustained economic downturn.

While projections for final 2013 revenues and expenditures show that city fiscal conditions are no longer declining, those projections also suggest that cities are confronting little growth in the near future. Positive indicators, including growth in local sales tax and income tax revenues, are offset by stagnant receipts from real estate taxes as cities continue to register the lagged effects of depressed housing markets.

Beyond 2013, a number of factors will be key to the fiscal conditions of cities: • Strengthening real estate markets (although regional markets will vary

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considerably) will help cities turn the corner from property tax revenue decline to growth, but the effects will be spread out over several years; • Other economic conditions – improving consumer confidence, employment and wages – will weigh heavily on future city sales tax receipts and income tax revenues; • Two of the factors that city finance officers report as having the largest negative impact on their ability to meet needs are employee- and retiree-related costs for health care coverage and pensions. Pension and health care costs will persist as a challenge to city budgets for years to come; • Confronting a gradual economic recovery following a deep recession, cities are likely to continue to operate with reduced workforces and service levels, and city leaders will likely continue to be cautious about making significant infrastructure investments; • Cities’ fiscal conditions remain vulnerable to external policy shifts in the face of a gradual and tenuous economic recovery, including cuts in federal spending and threats to global, national and regional-local economic conditions from political stasis on issues including the federal budget and U.S. debt ceiling; and • Because cities are required to balance their budgets on an annual basis, cities will continue to assess and adjust the appropriate package of fiscal policy actions for the purpose of providing services, investing in infrastructure, and meeting the health, safety and welfare requirements of their residents, taxpayers, workers and visitors.

THE LAG BETWEEN ECONOMIC AND CITY FISCAL CONDITIONS

What Does This Mean?

The lag refers to the gap between when economic conditions change and when those conditions have an impact on reported city revenue collections. In fact, cities likely feel the impacts of changing economic conditions sooner. However, because reporting of city fiscal conditions occurs, in most cases, on an annual bases, whether through annual budget reporting or NLC’s annual survey, those impacts tend to not become evident until some point after the changes have started to occur.

How Long Is The Lag?

The lag is typically anywhere from 18 months to several years, and it is related in large part to the timing of property tax collections. Property tax bills represent the value of the property in some previous year, when the last assessment of the property was conducted. A downturn in real estate prices may not be noticed for one to several years after the downturn began, because property tax assessment cycles vary across jurisdictions: some reassess property annually, while others reassess every few years.

Consequently, property tax collections, as reflected in property tax assessments, lag economic changes (both positive and negative) by some period of time. Sales and income tax collections also exhibit lags due to collection and administration issues, but typically not more than a few months.

About The National League Of Cities

The National League of Cities is the nation’s oldest and largest organization devoted to strengthening and promoting cities as centers of opportunity, leadership and governance. NLC is a resource and advocate for more than 1,700 member cities and the 49 state municipal leagues, representing 19,000 cities and towns and more than 218 million Americans. Through its City Solutions and Applied Research, NLC provides research and analysis on key topics and trends important to cities, creative solutions to improve the quality of life in communities, inspiration and ideas for local officials to use in tackling tough issues and opportunities for city leaders to connect with peers, share experiences and learn about innovative approaches in cities.

Michael A. Pagano is dean of the College of Urban Planning and Public Affairs at the University of Illinois of Chicago. Christiana McFarland is interim director of the City Solutions and Applied Research of the National League of Cities.

To view full article with footnotes, visit http://www.nlc.org/find-city-solutions/citysolutions-and-applied-research/2013-city-fiscal-conditions. Or, contact MML at (573) 635-9134 or info@mocities.com.

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The Missouri Municipal Review

November 2013 / 15

Missouri Municipal Policy 2013-2014 The Missouri Municipal Policy serves as the statement of policy relating to the authority, responsibility and financing of municipal government and to federal and state laws and administrative regulations affecting local government.

Policy-making is a very important function of MML. The primary process is that four appointed policy committees meet each July to discuss and debate policy issues facing Missouri municipalities.

The result is new or amended policy recommendations that are reviewed and finalized by the Resolutions Committee. These final policy recommendations are presented to the general membership for adoption at the Business Meeting during the Annual Conference.

Alternatively, members may modify or offer new policies during the Business Meeting for adoption by the general membership.

2013 Resolutions Committee Members: Chair, John Sharp, Councilmember, Kansas City Dale Bagley, Mayor, Macon Donna Baringer, Alderman, St. Louis Patrick Bonnot, Loss Control & Member Services Director, MIRMA David Bower, Mayor, Raytown Conrad Bowers, Mayor, Bridgeton Shane Cohn, Alderman, St. Louis Melodee Colbert-Kean, Mayor, Joplin Tim Fischesser, Executive Director, St. Louis Co Municipal League Barry Glantz, Mayor, Creve Coeur J.T. Hardy, City Administrator, Sullivan Bobbie Jacques, Clerk, La Plata Leonard Jones, Alderman, Grandview Patrick Kelly, Mayor, Brentwood Bill Kolas, Mayor, Higginsville ECONOMIC DEVELOPMENT AND HUMAN RESOURCES Economic Development and Human Resources Committee Chair, Patrick Kelly, Mayor, Brentwood Barbara Abram, Councilmember, Bridgeton Judy Bateman, Alderman, St. Peters John Biggs, Mayor, Webb City Don Bormann, Alderman, Centralia Baird Allen Brock, Councilmember, Warrensburg Errol Bush, Alderman, Northwoods John Butz, City Administrator, Rolla Linda Christle, Executive Director, Sedalia Allan Gray, Councilmember, Lee’s Summit Elaine Horn, Mayor, Sedalia Gary Lathrop, Councilmember, Belton Joe Lauber, Attorney, Lauber Municipal Law Andrew Leahy, Alderman, Brentwood Penny Lyons, Mayor, Osage Beach Vicky McLeland, Clerk, Macon Jim Pepper, Councilmember, O’Fallon Jerry Reese, Councilmember, St. Charles Bob Russell, Economic Dev Dir, Florissant Harold Selby, City Administrator, Pacific Tom Short, City Administrator, Carthage Eric Struemph, Mayor, Jefferson City Diane Turner, Clerk, Velda Village Hills Scott Von Behren, Councilmember, Belton Debra Wilkerson, Councilmember, Malden

16 / November 2013

Jan Marcason, Councilmember, Kansas City

Norman McCourt, Mayor, Black Jack Robert McDavid, Mayor, Columbia Arthur McDonnell, Mayor, Kirkwood Terry McVey, Counselor, Kennett Steve Moore, Councilmember, Fulton Jan Neitzert, Executive Director, MO Parks and Recreation Myron Paris, Councilmember, Independence Frank Roland, Mayor, Hillsboro Kathleen Rose, Mayor, Riverside Mike Schneider, Mayor, Overland Arthur Sharpe, Jr., Councilmember, University City Gary Shaw, Councilmember, Joplin Scott Wagner, Councilmember, Kansas City David L. Willson, Mayor, Manchester Kevin Wood, Mayor, Harrisonville

ACCESS TO CAPITAL The MML supports public and private efforts to provide access to seed and venture capital for viable projects

by Missouri entrepreneurs. The state of Missouri, in conjunction with its communities, shall make an effort to assist new and expanding businesses with access to competitively priced financing.

MISSOURI WORKS PROGRAM The MML supports “Missouri Works,” a program that combines the Development Tax Credit Program, the Rebuilding Communities Tax Credit Program, the Enhanced Enterprise Zone Tax Credit Program, and the Missouri Quality Jobs Program and rolls their functions into one stream-lined program to promote business expansion and attraction in Missouri for job creation and capital investment.

CONFIDENTIAL NEGOTIATIONS The MML supports changes to Chapter 610 RSMo to allow economic development projects to be negotiated in closed session similar to the exemption that currently exists for real estate.

DOWNTOWN REVITALIZATION AND ECONOMIC ASSISTANCE FOR MISSOURI PROGRAM (DREAM) The MML supports continuance of the Downtown Revitalization and Economic The Missouri Municipal Review

Assistance Program for Missouri (DREAM) communities.

ECONOMIC INCENTIVE PROGRAMS The state of Missouri should maintain basic economic incentive programs including but not limited to: 1) Community Development Block Grants, 2) taxable and tax-exempt financing programs, 3) various tax credits, 4) the Missouri Linked Deposit Program, 5) Environmental Improvement and Energy Resource Authority, 6) Missouri Industrial Development Loan Guarantees, 7) enterprise zones, 8) and, the Missouri Community Betterment Program.

All such programs should be maintained at existing or increased levels.

INDUSTRIAL REVENUE BONDS The MML supports the extension and expansion of the dollar limit of tax-exempt industrial revenue bonds to provide financing for business expansions.

LIFE SCIENCES AND BIOTECHNOLOGY The MML supports state efforts to promote life sciences/biotechnology investments in Missouri.

MARKETING EFFORTS The MML supports an increased emphasis on marketing the state of Missouri as a location for business www.mocities.com

expansions. Marketing efforts should be expanded to include additional emphasis on high tech companies, manufacturing, agriculture and service operations. A coordinated effort between all appropriate state agencies and between state and municipal groups promoting business, industry, agriculture, animal science and tourism should be fostered in promoting the resources already available in Missouri.

The state of Missouri must continue to assist businesses in reaching new markets for their products and services, including an increased awareness of international opportunities and new technologies.

MISSOURI DOWNTOWN ECONOMIC STIMULUS ACT (MODESA) The MML urges the General Assembly to extend and increase the fiscal caps on the Missouri Downtown Economic Stimulus Act (MODESA) program as well as the super Tax Increment Financing (TIF) program.

MISSOURI TECHNOLOGY CORPORATION The MML supports full utilization of the Missouri Technology Corporation and support of its goals and objectives.

RURAL ECONOMIC DEVELOPMENT TRAINING The MML supports the Department of Economic Development in the creation of a program to provide rural officials and practitioners with development of skill sets that would enable them to better work with businesses to retain and expand employment.

STATEWIDE SPORTS COMMISSION The MML urges the state of Missouri to consider the economic benefits of a statewide sports commission with the responsibility for assisting in the recruitment and support of regional sporting efforts.

TAX ABATEMENT The MML supports the preservation of Chapter 353 RSMo, the urban redevelopment law, including the option of tax abatement without unwarranted restriction by other governmental units.

TAX CREDIT PROGRAMS The MML opposes subjecting the tax credit program to the appropriations process as this puts Missouri at a competitive disadvantage. MML supports the retention, and funding of these tax credit programs: a. Low Income Housing Tax Credits b. Tax Credit for Contributions Program c. Neighborhood Assistance Program Tax Credits

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d. Historic Preservation Tax Credits e. Brownfields Jobs and Investment Tax Credits f. Missouri Build Tax Credits g. Film Production Tax Credit h. New Markets Tax Credits

TAX INCREMENT FINANCING The MML opposes legislation to exempt any governmental entity from being required to contribute to the tax increment financing (TIF) allocation fund. The MML opposes any attempt to change the purpose or types of development permitted under current TIF statutes. The MML supports legislation that clearly requires all applicable taxes to be subject to the TIF. TAX INCREMENT FINANCING (TIF) AND TRANSPORTATION DEVELOPMENT DISTRICT (TDD) REPORT FILING PENALTY The MML supports a revision to the Tax Increment Financing (TIF) report filing law that prohibits cities from initiating a new TIF project until the annual report is filed.

The MML also supports legislation to cap the penalties for late filing of Transportation Development Districts (TDDs) annual reports to $10 per day with the fine not commencing until 14 days after notice by the State Auditor of the late filing.

TECHNOLOGY TRANSFER The MML supports funding for applied research at Missouri-based educational facilities, technology transfer, and the commercialization of this knowledge to create jobs in Missouri.

TOURISM PROMOTION The MML supports increased funding efforts for tourism promotion campaigns, including promoting the state of Missouri domestically and internationally as a visitor destination. In addition, cost sharing between local and state promotional groups has proven to be a cost-effective way to increase exposure and should be expanded.

The MML supports development of art and cultural industries in Missouri.

The MML supports the preservation of Missouri‘s natural beauty which makes it a tourist destination.

TRANSPORTATION INFRASTRUCTURE The MML recognizes the importance of transportation infrastructure to Missouri economic development and supports continuing reviews of the structure of the Missouri Department of Transportation (MODoT) and of funding resources to address transportation needs:

1. Consider the economic importance of connectivity.

2. Provide for mass transit.

3. Maintain existing infrastructure

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HUMAN RESOURCES POLICIES AFFORDABLE HOUSING AND HOMELESSNESS The MML urges state agencies to work in conjunction with Missouri municipalities as well as private and notfor-profit organizations to address the areas: of homelessness; affordable housing; supported living services for seniors and the disabled; and rehabilitation of existing housing. Legislative oversight committees should be established to give these issues the attention they deserve.

CHILD CARE The MML urges the state to develop education programs and incentives to ensure development of public/private partnerships to enhance expanded quality child care facilities, including care for infants, children with special needs, weekend and non-daytime shift workers and the adequate training of child care providers. Public and private employers should be encouraged to provide quality child care centers through the use of tax credits or other incentives including but not limited to cafeteria plans (Section 125 of the Internal Revenue Code) and flexible work schedules. Technical assistance and training must be available to local providers.

The MML urges the Department of Social Services (DSS) and the Department of Health and Senior Services (DHSS) to adequately fund services and staff to guarantee quality child care for Missouri children, particularly to ensure that funds be available for child care licensing staff to properly license and monitor family, group home and child care centers. The MML also supports the licensing of private and faithbased child care centers and encourages the DHSS to develop quality incentives that would promote voluntary accreditation or other similar quality standards for all child care providers.

COMMUNITY EDUCATION The MML strongly supports the use of state funds for community education programs that are proactive and/or rehabilitative. Examples of these include, but are not limited to programs that prevent or address issues such as: • substance abuse; • gambling addiction; • juvenile delinquency; • gang activity; • child abuse; • teenage pregnancy and the education of teenage parents (including prenatal and postnatal care); • parenting skills; • drop-out prevention programs; • reduction of unemployment/ underemployment; • and development of adequate and available recreation facilities and programs.

November 2013 / 17

NEEDS OF SENIORS AND ADULTS WITH DISABILITIES The MML calls on all levels of government to recognize the needs of seniors and adults with disabilities and to help them remain independent.

Further, the MML urges: 1) The General Assembly to provide adequate funding to the Missouri Department of Health and Senior Services (DHSS). The DHSS should in turn provide adequate funding for services such as: Medicaid meals, home delivered meals, community senior centers, transportation, and ombudsman services.

2) The DHSS to make readily available funding to the local Agency on Aging for information and referral services.

3) Local governments to encourage senior volunteerism in their communities.

4) The DHSS to fund and encourage development of intergenerational mentoring and outreach programs that focus on: education, quality of life, and life experiences.

WORKFORCE DEVELOPMENT AND HUMAN RESOURCES To encourage the continued implementation of job training, the MML supports: 1) Continued emphasis on the education and training necessary to provide a competitive work force in Missouri, including promoting higher standards for all levels of education.

2) Adequate state funding for primary, secondary and post-secondary public education, including new educational initiatives to ensure the availability of a Missouri work force equipped with the technical skills to compete in future decades.

3) Strong coordination between agencies involved in the job training, retraining and placement systems and the business sector; 4) More resources for centers designed to assist high school drop-outs and potential drop-outs to earn high school diplomas or equivalency certification; 5) Continued and increased support for state job training funds targeted for all businesses and not-for-profit organizations.

6) More training dollars as an economic incentive to encourage organizations to target further development of their existing workforce.

7) Working closely with private industry and not-for-profits to plan and implement programs that assist in adult/ youth training, worker reentry, the underemployed, seniors and work reentry programs for ex-offenders.

8) Preserving economic development tools used to support affordable 18 / November 2013

“workforce” housing.

FINANCE AND TAXATION Finance and Taxation Committee Chair, Stephen Dennis, Mayor, Grandview John Allen, Mayor, Wood Heights Rob Binney, Councilmember, Lee’s Summit Greg Camp, City Administrator, Desloge Betty Cotner, Finance Director, Town and Country David Dickerson, Alderman, Harrisonville Deborah Guthrie, City Administrator, Eldon Matt Harline, Ast. Dir. of Admin, Fulton Robert Hensley, Mayor, Velda City Arnold Hinkle, Councilmember, Black Jack Theodore Hoskins, Mayor, Berkeley Darla Langford, Clerk, Oronogo Mary Lowry, Clerk/Treasurer, Jackson Norman McCourt, Mayor, Black Jack Arthur McDonnell, Mayor, Kirkwood Jerry Mills, Councilmember, Kirksville Myron Paris, Councilmember, Independence Don Reimal, Mayor, Independence Cindy Rushefsky, Councilmember, Springfield Dan Smith, Finance Director, Creve Coeur Tony Taggert, Alderman, Ashland Shonte Young, Alderman, Moline Acres

not provide a local option on participation or nonparticipation in the holiday. Should the General Assembly approve additional sales tax holidays, the MML requests that all future sales tax holidays include an opt in provision while still allowing the municipality the option to opt out in future years.

FEE COLLECTIONS ON ANNUAL PROPERTY TAX BILLS The MML supports legislation authorizing an entity that collects the property tax for itself or for other taxing jurisdictions to also collect any other tax or fee that it authorizes or is authorized by another taxing jurisdiction.

LOCAL EARNINGS/INCOME TAXES The MML favors local control of decisions regarding levels and types of municipal taxation and believes it sets a bad precedent to allow voters throughout the state to overrule local voters’ decisions to approve rates and methods of taxation to support essential local services such as police and fire protection.

PROPERTY TAX HEARING The MML supports streamlining the process by changing the deadline for setting the municipal property tax levy as required in Section 67.110 RSMo to October 1.

BUSINESS AND OCCUPATION LICENSES The MML supports legislation to authorize municipalities to license, tax and regulate the occupation of merchants, manufacturers and all businesses, avocations, pursuits and callings and to, by ordinance, base such licenses on gross receipts, square footage, per capita, flat fee, graduated scale based on gross or net receipts or sales, or any other method of measurement of tax or any combination thereof derived or allocable to the carrying on or conducting of any business, avocation, pursuits or callings or activities carried on in such cities.

PROPERTY TAX RATE CAP The MML urges the General Assembly and the electorate to raise the caps by 25 cents respectively imposed on municipal property tax rates by Article X, Section 11(b) Missouri Constitution and Chapter 94 RSMo.

E-COMMERCE TAXATION The MML urges Congress and the state of Missouri to define that all sales and use tax on sales of tangible property be treated fairly and equitably whether the sales take place over the counter, by phone, by mail order, by internet or by any other electronic means. The MML urges Congress to enact legislation that redefines nexus to include economic nexus as well as physical nexus so that out-of-state mail order sales and internet sales are treated the same as sales within the same state.

TAX ON HOTEL/MOTEL GUESTS The MML urges the General Assembly to adopt legislation authorizing all cities to levy a tax on hotel guest rooms with approval of said tax by the voters. The legislation should also require the Department of Revenue to collect the tax if requested to do so by a city enacting the tax.

EXEMPTIONS FROM LOCAL OPTION SALES TAX The MML strongly opposes the exemption of any further items from the local option sales tax and encourages a thorough review of current exemptions to examine their validity. Also, the MML continues to oppose state-mandated sales tax holidays that do The Missouri Municipal Review

ROAD AND BRIDGE TAXES The MML supports legislation to require that the percentages stated in the various statutes on road and bridge taxes be spent for road and bridge projects in incorporated cities rather than such expenditures being discretionary on the part of counties and road districts.

TAX RESTRUCTURING The MML opposes the use of a higher sales tax rate to replace the corporate and individual income taxes. Missouri’s cities rely upon sales taxes for general fund and enterprise fund operation. If the state sales tax rate is dramatically increased, municipalities would be crippled in seeking voter approval of new sales taxes and Missouri businesses would lose retail sales to adjoining states and the Internet.

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CABLE AND VIDEO FRANCHISING The MML vigorously opposes any federal legislation and regulations that would alter or completely eliminate the ability of local governments to enter into and enforce local cable franchise agreements unless such legislation requires the payment of local franchise fees, compliance with local rightsof-way regulations, payment in lieu of in-kind services, operational grants and consumer protection provisions.

PRESERVATION OF PEG ACCESS TELEVISION The MML supports the Community Access Preservation Act (CAP) which removes use restrictions on public, educational and government (PEG) access fees, restores PEG revenue streams, and ends cable operators’ discriminatory treatment of PEG channels.

The MML urges Congress to enact the CAP Act in order to preserve local PEG channels.

REGULATION OF MUNICIPAL BROADBAND The MML opposes any state or federal legislation that regulates, restricts, or prohibits municipalities from providing municipal broadband services.

TAXATION OF CELL PHONES, VoIP AND OTHER COMMUNICATION SYSTEMS The MML supports legislation to impose or maintain local gross receipts taxes on cellular, land-line and VoIP telecommunications providers and other types of personal communications technology. The MML also supports legislation that allows wireless devices to be taxed while holding harmless the cities and counties that have enacted sales taxes to address 911 funding issues.

UTILITY TAXES The MML strongly opposes any legislation capping the rate or reducing the amount of utility taxes imposed by municipalities.

STATE/FEDERAL MANDATES The MML urges members of the General Assembly and Congress to work with local officials to determine how to limit the fiscal and other burdens of mandates on the operation of municipal government.

Further, the MML supports an assessment of current state and federal programs, regulations and policies to determine

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the extent of adverse cost, structural and intergovernmental impacts on cities.

OTHER POST-EMPLOYMENT BENEFITS (OPEBS) Accounting standards, GASB (Governmental Accounting Standards Board) Statements 43 and 45, require all state and local governmental agencies to report costs and obligations for other post- employment benefits in their financial statements. While GASB Statements 43 and 45 do not require that governmental entities actually fund other postemployment benefits (OPEB), those that do not are in danger of lowered credit ratings, and may be subject to less favorable discount rates in calculating total unfunded OPEB liabilities or mandated revenue stream diversions. The MML urges the Governor and General Assembly to provide municipalities the ability to fund OPEB to ensure that local governments are able to adequately meet future obligations.

PUBLIC DEPOSITS AND INVESTMENT OF IDLE FUNDS The MML supports passage of legislation that would repeal the archaic laws governing depositories for funds and clarify the investment authority of statutory cities.

Such legislation, at a minimum, should include authority for statutory municipalities to choose one or more depositories for public funds under conditions and terms determined by the municipality, including the choice of facilities outside the city. It should also clearly permit investment of municipal funds in obligations of the state; obligations issued by the United States; obligations fully insured or guaranteed by the United States or a United States government agency; repurchase agreements secured by United States Treasury securities; obligations of any corporation of the United States government; prime bankers’ acceptances; and deposits, time deposits, certificates of deposit (negotiable or non-negotiable), shares, share accounts or other interest bearing accounts in depository institutions chartered by this state or by the United States. The MML further supports a standardization of collateralization requirements for depository institutions.

Collateral should not be required of any depository institution for that portion of the municipality’s deposits covered by insurance of any federal agency.

The Missouri Municipal Review

TRANSPORTATION NEEDS While the MML strongly supports appropriate funding for transportation purposes in Missouri, the MML opposes the use of sales taxes by the state of Missouri as the primary source to raise revenue for meeting the needs of the state’s highways, roads and transit systems. The MML urges the General Assembly and Missouri Department of Transportation (MoDOT) to devise a comprehensive plan to increase the needed revenue for meeting Missouri’s transportation needs. Such plan should dedicate sufficient funding to provide quality mass transit services throughout the state.

This should include funds for systems that serve the elderly, handicapped and lowincome residents.

MUNICIPAL ADMINISTRATION AND INTERGOVERNMENTAL RELATIONS Municipal Administration and Intergovernmental Relations Committee Chair, David Bower, Mayor, Raytown John Best, Mayor, Bolivar Brenda Cirtin, Clerk, Springfield Barry Glantz, Mayor, Creve Coeur Bruce Harrill, City Administrator, Waynesville Debra Hickey, Alderman, Battlefield Donald Krank, Councilmember, Black Jack Mark Levin, City Administrator, Maryland Heights Chris Lievsay, Councilmember, Blue Springs Keith Moody, City Administrator, Harrisonville Andy Morris, City Manager, Moberly John Morris, City Manager, St. John Dan Ross, Executive Director, Missouri Municipal League Russell Rost, City Administrator, Union Ron Scheets, City Administrator, Cabool Thomas Schneider, Mayor, Florissant Mahesh Sharma, City Administrator, Raytown Michael Spurgeon, Dir of Admin, St. Charles Everett Thomas, Mayor, Northwoods A.J. White, Councilmember, Black Jack

November 2013 / 19

SELF GOVERNANCE The MML continues its strong support for self-governance for all municipalities and the right contained therein of municipal self­determination. The MML urges the General Assembly to refrain from enacting legislation in areas that can be better dealt with by local government. Additionally, MML supports the elimination of the minimum population requirement to achieve constitutional charter city status.

MODERNIZATION OF LOCAL GOVERNMENT STATUTES The MML urges the repeal or revision of contradictory and/or arcane provisions of the statutes that create barriers to efficient administration of local government. Further, the MML supports legislation that permits the use of electronic and digital archiving of public records.

LABOR RELATIONS The MML supports legislation to resolve issues from the Independence NEA v. Independence School District Missouri Supreme Court decision. Such legislation must preserve traditional management rights, the fiscal integrity of the city, the delivery of services to the taxpayer and the role of the duly elected representatives of the people as the final decision-makers on contract provisions. Also, the MML Board is urged to appoint a committee to study potential new MML services in support of local officials in the collective bargaining process.

MUNICIPAL PERSONNEL POLICIES The MML strongly opposes legislation that would interfere with municipal authority to determine personnel policies or merit system rules and regulations.

STATE MANDATES The MML urges the Governor, the General Assembly and state agencies to provide for the reimbursement to cities for direct costs of compliance with state laws, policies, regulations and standards that impose additional costs and responsibilities on local governments, pursuant to the Missouri Constitution (Article X, Section 21) commonly referred to as the “Hancock Amendment.”

FINES IN MUNICIPAL COURT The MML supports legislation to standardize the maximum fine for violation of city ordinances at $1,000 for statutory municipalities.

PREVAILING WAGE The MML supports legislation to clarify the existing prevailing wage law to define exemptions from the law for deminimus work on public projects including work involving repair and maintenance of public facilities.

20 / November 2013

REGULATION OF MUNICIPAL RIGHTSOF-WAY The MML supports the authorization of local governments to impose reasonable nondiscriminatory fees for the use of the public rights-of-way.

DEREGULATION IN THE NAME OF “RELIGIOUS FREEDOM” While the MML supports free exercise of religion, the MML opposes legislation to further erode, under the guise of religious freedom, local authority to protect the health, safety and welfare of all people, including but not limited to municipal zoning, building codes, sign regulations, child care regulations and all other applicable local ordinances.

PHOTOGRAPHIC ENFORCEMENT OF TRAFFIC VIOLATIONS The MML supports cities’ use of automated cameras to enforce traffic ordinances and opposes any efforts to restrict cities’ current authorized use of photographic enforcement for traffic violations.

CONCEALED WEAPONS IN MUNICIPAL FACILITIES The MML supports language to clarify the concealed carry law (Section 571.107 RSMo) to permit local governments to adopt ordinances to prohibit the carrying of concealed weapons in all city facilities and parks.

BLIGHT/EMINENT DOMAIN The MML vigorously opposes efforts to prohibit the use of eminent domain to rehabilitate blighted areas. MML also opposes any effort that would negatively impact nuisance abatement programs. The MML should work with utilities, businesses, developers, and other groups to inform the public of the benefits of eminent domain and nuisance abatement programs.

Eminent domain is indispensable and is most often used as a last resort for revitalizing local economies, creating much-needed jobs and generating revenue that enables cities to provide essential services. Eminent domain is a powerful tool; its prudent use, when exercised in the sunshine of public scrutiny, helps achieve a great public good that benefits the entire community. Economic policies and incentives supported by the Governor and adopted by the General Assembly will have little effect in encouraging business to expand or relocate in Missouri to support the economic vitality of the state if land cannot be assembled through the power of eminent domain if necessary. The MML supports changes in the law to further ensure fair treatment and just compensation of property owners but any such changes should be carefully drafted to permit use of eminent domain for economic development purposes when necessary.

The Missouri Municipal Review

TAXPAYERS BILL OF RIGHTS (TABOR) The MML opposes efforts by any group to impose further restrictions on state revenues and spending through the so-called Taxpayers Bill of Rights (TABOR).

PRIMARY SAFETY BELT The MML supports legislation to change Missouri’s secondary seat belt law to a primary seat belt law by allowing law enforcement officers to stop drivers for failing to wear their seat belts.

ORDINANCE VIOLATIONS BUREAU The MML supports legislation that would eliminate the requirement that municipal prosecutors review and file charges in cases where a defendant pleads guilty and pays a fine in a municipal ordinance violations bureau.

OPPOSITION TO PREDATORY LENDING PRACTICES AND THE PROLIFERATION OF PAYDAY LOAN OPERATIONS The MML supports legislation that would impose stricter regulations, with penalties, on lenders who engage in unfair and deceptive lending practices. The legislation should give the Missouri Attorney General the increased responsibility to investigate and take legal action against predatory lenders.

In addition, the MML supports legislation that would allow cities to impose limits on the number of payday loan companies or, if desired by the community, to ban these operations entirely.

POSTING OF LEGAL NOTICES IN NEWSLETTERS OR ON WEBSITES The MML supports legislation to allow for publication of legal notices including but not limited to financial statements, land use and elections notices in municipal newsletters and on websites in lieu of the unfunded mandate for newspaper publication to help keep the public apprised of local affairs in a much more cost effective method.

GENERAL ASSEMBLY TERM LIMITS The MML strongly supports legislation to initiate an amendment to the Missouri Constitution to lengthen term limits for members of the General Assembly.

NATURAL RESOURCES AND URBAN DEVELOPMENT Natural Resources and Urban Development Committee Chair, Melodee Colbert-Kean, Mayor, Joplin Gerry Biedenstein, Councilmember, Kirkwood Gary Brown, Mayor, Salem Jake Crafton, Mayor, Kennett Michele DeShay, Mayor, Moline Acres Kent Edmondson, Councilmember, Blue Springs

www.mocities.com

Linda Farmer, Councilmember, Macon Laurie Feldman, Councilmember, St. Charles Jerry Grimmer, Councilmember, Bridgeton Albert Hoag, Councilmember, Belton Kathryn Hofmann, Councilmember, Lee’s Summit Mary Holden, Comm Dev Dir, Arnold Bill Kolas, Mayor, Higginsville George Liyeos, City Administrator, Rock Hill Nancy Luetzow, Councilmember, Kirkwood Bill Mollenhour, Alderman, Harrisonville Richard Morris, Alderman, Lake Saint Louis Allan Muncy, City Administrator, Macon Mark Rees, Engineer, Hannibal Kathleen Rose, Mayor, Riverside Debi Salberg, Councilmember, Webster Groves John Taylor, Councilmember, Black Jack Shelley Welsch, Mayor, University City J. Bruce Woody, City Manager, St. Joseph Mark Young, Manager, Stormwater Utility, Kansas City OUTDOOR AIR QUALITY The MML encourages all governmental jurisdictions in Missouri to initiate and support programs designed to increase public awareness and education about the air pollution issue and how pollution can be abated. The MML supports continued federal funding for those municipalities that have entered into a contract with the Missouri Air Conservation Commission to monitor air pollution sources within their jurisdictions, including point and area sources. The MML encourages all governmental juris­dictions to help foster a public concern for clean air by leading by example to demonstrate energy efficiency, the benefits of native landscaping, use of quality transportation planning and use of low­- emission and low-fuel consumption vehicles in their governmental activities. The MML requests that the state of Missouri provide adequate financial assistance to municipalities in conforming to the state standards for clean air.

The state should continue to involve local officials in the implemen­tation of any air pollution plan or policy that may be imposed to conform to EPA pollution standards.

INDOOR AIR QUALITY The MML supports all municipal efforts to improve indoor air quality and the air quality surrounding governmental and commercial buildings located within their boundaries, including the adoption of smoking restrictions. The MML opposes the adoption of any state law which preempts a municipality from adopting local smoking restrictions or any ordinances that are designed to improve indoor air quality.

The MML supports an election on uniform statewide smoking restrictions.

WATER QUALITY The MML encourages Missouri municipalities to attempt to meet and/or

www.mocities.com

exceed the water quality standards as set by the Clean Water Commission and the Environmental Protection Agency (EPA) using watershed-based best management practices, including a strong emphasis on green infrastructure strategies, to mitigate pollutants and storm water runoff. Given the enormous costs of constructing wastewater treatment and collection facilities, MML recommends that the General Assembly appropriate sufficient funds to provide adequate technical assistance through the Department of Natural Resources (DNR) to determine the most cost effective means of meeting state and federal standards. Further, MML urges the Clean Water Commission and the EPA to develop realistic standards based on 1) documented studies that verify potential health risks and 2) site-specific pollution impacts.

The MML strongly urges DNR to implement the storm water discharge permit program in a manner that will not impose delays on municipal and private projects. MML opposes any state storm water discharge permit regulation that exceeds the scope of the National Pollutant Discharge Elimination System (NPDES) permit application regulations for storm water discharge. MML strongly urges the EPA and DNR to develop a more simplified and flexible approach to management of municipal storm water runoff than has been imposed on the state’s larger municipalities. MML opposes any “endof-pipe” testing requirement in storm water permits. Storm water regulations should be applied equally to all jurisdictions. MML strongly encourages the DNR to allow those municipalities with the appropriate administrative capacity to issue land disturbance storm water discharge permits within their jurisdictions.

MML supports additional state funding for comprehensive planning and management at the community and state level for flood control projects.

MML urges DNR and EPA to develop flexible standards for the treatment of combined sewer overflows that will allow all municipalities to implement solutions that will meet their geographic and environmental situation. The MML opposes any state regulations that exceed the scope of the National Pollutant Discharge Elimination System (NPDES) permit program regulations.

The MML supports an increase of the NPDES fee of no more than the consumer price index, provided that DNR be prohibited from collecting fees from permit holders until permits have been brought up-to-date by DNR. RESPONSIBILITY FOR INCREASING WATER QUALITY IN CREEKS The MML supports all levels of government, with substantial state and federal help, collaborating as equals to insure that high levels of harmful pollutants are The Missouri Municipal Review

within reasonable limits, based on cost-benefit analysis, accurate testing, and other factors under scrutiny in the latest DNR reports.

The likely use of the creek or waterway for recreation should also be a factor. Certainly, sewage from faulty infrastructure should be addressed if harmful bacteria result for any reasonable period of time. However, animal waste, certain unavoidable runoff such as that caused by treating streets for ice and snow, and similar pollutants found at relatively low levels in streams unlikely to be used for recreation should be addressed with state and/or federal funds if they mandate remediation.

SOLID WASTE MANAGEMENT The MML encourages municipalities to participate in a regional approach when addressing solid waste issues and urges municipalities to take an active role in the operation of solid waste management districts. Further, the MML encourages municipalities to promote efforts to reduce land-fill waste; to address management of all recoverable materials; to ensure access to core residential services and household hazardous waste collection in an effort to minimize illegal dumping and littering and encourage waste diversion from landfills; to establish public education on waste reduction and solid waste management for residents and businesses; and to support the implementation of programs to reduce, eliminate or divert other household and business waste from landfills.

The MML urges the state agencies and departments involved with implementation of the state’s solid waste management law to coordinate their efforts with municipal solid waste activities and initiatives. The MML encourages state leadership on policies and issues of statewide significance, including public education, product stewardship, sustainable funding, incentives for diversion goals, and research on technologies and trends.

The MML specifically encourages the state to aggressively deal with stimulation of the demand and markets for recycled materials.

The MML strongly encourages the federal and state government to take an active role in developing uses for recyclable materials as well as the marketing of the products developed from recyclable materials.

The MML urges Congress to eliminate the Commerce Clause barrier by authorizing states and local governments to require that municipal solid waste (but not separated recyclables) be transported to municipal solid waste management facilities.

The MML urges the General Assembly to enact legislation giving municipalities greater flexibility in meeting the post closure responsibilities for municipally owned landfills.

The MML strongly urges the General Assembly to protect the yard waste ban, the statewide tonnage fee and the rights of local November 2013 / 21

governments to develop and implement solid waste management strategies, facilities and services. In particular, MML urges the General Assembly to remove and prevent barriers for responsible and sustainable waste management best practices, including the elimination of the two-year notice requirement for local governments seeking to contract for solid waste services.

HAZARDOUS MATERIAL MANAGEMENT The MML encourages federal and state programs that educate the public and ensure safe processing, incineration, recycling, transportation and storage of hazardous materials including newer products.

The MML supports an active investigative effort to identify sources, violators and existing sites of hazardous material. Such investi­gative efforts should include advance notification to municipal officials.

The MML further recommends clarification and limitations of the liabilities cities may have for unknown hazardous materials.

SUSTAINABLE DEVELOPMENT The MML supports policies, legislation and incentives that lend themselves to sustainable development. Such smart growth policies and legislation will help establish Missouri as a competitive area with cost effective public systems. It also promotes the re-use of neighborhoods with their existing infrastructure, thereby supporting the established schools, churches, firehouses and systems that promote stability. However, development outside established systems and areas should not be discouraged when existing systems are at capacity and can be expanded and sustained with new revenue from the new development without negatively impacting existing systems.

The MML supports a triple bottom line (sustainability) approach to municipal and state policy and planning efforts balancing economic, community and environmental factors in decision making.

URBAN GROWTH INCENTIVE The MML recommends that existing statutes be revised to require that central water service adequate for fire protection, storm water management infrastructure and state approved sewer service be provided prior to development of a subdivision and to require adequate easements for utilities.

The MML opposes any regulatory changes by the Department of Natural Resources (DNR) that would encourage the development of subdivisions with separate water supply, wastewater collection and storm water management systems developed adjacent to a municipal system. Existing regulations should be actively enforced by the DNR.

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REGIONALISM The MML continues to support regional councils and opposes efforts to repeal or weaken the enabling legislation governing regional councils and their activities. The MML further supports state funding of regional council activities.

LOCAL CODE COMPLIANCE The MML urges the General Assembly to enact legislation requiring the mandatory referral of development plans by the state or its political subdivisions to the affected municipal government for compliance with local codes and coordination with municipal plans.

PREEMPTION OF MUNICIPAL LAND USE AUTHORITY The MML strongly opposes any further pre-emption of municipal land use regulations by the General Assembly.

COLLECTION OF SPECIAL TAX BILLS The MML urges the General Assembly to pass legislation authorizing municipalities to collect special tax bills for property maintenance code violations in the same manner as for delinquent property taxes.

MUNICIPAL ACQUISITION OF LAND The MML strongly opposes any attempt to limit a municipality’s power of eminent domain. The MML further opposes any requirement to pay “damages” to nearby property owners when a municipality purchases or condemns land for public purposes. The MML also opposes legislation that would encourage property owners to challenge, risk free, condemnation settlements offered in good faith.

EXTRATERRITORIAL PLANNING AND ZONING POWERS The MML supports the amendment of Sections 89.144 and 89.145, RSMo to extend to all municipalities in the state extraterritorial planning, zoning, subdivision and code enforcement powers in the surrounding unincorporated areas. Additional provisions should include mandatory representation of residents in the areas affected on planning and zoning boards during consideration of issues related to their area and the retention of the primacy of the extraterritorial powers by municipalities regardless of whether or not the respective county has adopted planning and/or zoning procedures.

LOCAL GOVERNMENT BOUNDARY ADJUSTMENT The MML urges the immediate adoption of legislation amending the annexation statutes to provide that: 1) The current annexation procedures be simplified and expedited to the greatest extent possible; 2) Publicly held land be exempt from the elec­tion requirements; The Missouri Municipal Review

3) Special provisions be included for “unincorporated islands” – land surrounded by incorporated area; 4) Normal municipal services and their funding sources be clearly defined; 5) Municipalities be given the authority to enter into binding pre‑annexation agreements with landowners with property not contiguous to the corporate limits of a municipality.

6) A second election, as provided for in Section 71.015 RSMo, is not needed when two-thirds of the combined voters of the city and the area proposed to be annexed approve the annexation proposal in the first election, even if a majority of the voters in the area to be annexed fail to approve the annexation.

7) Procedures should be established to encourage territorial agreements between the investor owned electric system that serves the municipality and the rural electric co-op that serves the area to be annexed.

8) The right of a property owner to voluntarily agree to annexation shall be protected.

9) Municipalities be granted clear authority to annex areas along a road or highway up to two miles from their corporate limits for use in development, creation of industry or services that support growth, unless there exists opposition from one of the contiguous cities.

EXTENSION OF MUNICIPAL SERVICES INTO ANNEXED AREAS The MML strongly opposes any legislation that restricts the ability of a municipality to extend municipal services into newly annexed areas. Further, the MML urges the repeal of current laws that restrict the extension of municipal services into annexed areas. Specifically, amend Section 247.165 RSMo to remove the six month time period after an annexation for the municipality and water district to develop an agreement to provide water service to the annexed area.

In the creation or expansion of special use districts i.e. sewer, fire etc. that encroach or overlap a municipal jurisdiction, the municipality should have the legal grounds to file as an “Exceptor” and be notified via certified mail of the filing of the petition.

An exceptor is a party that can file exceptions to the legal petition requesting the formation of the district.

Current state law only allows municipalities to file exceptions when water districts are created or expanded. This authority should be granted to municipalities when all special districts are created or expanded. When creating a special district the filing party should be required to notify the municipality of the petition to create the special district. The MML opposes legislation that would require cities to provide municipal services beyond municipal boundaries.

Municipalities should be given the authority to set urban service standards that apply to all providers within municipal corporate limits. www.mocities.com

ENERGY The MML endorses incentives that foster transition to alternative and renewable clean energy sources, produced and delivered in the state, including but not limited to, solar energy, wind power, geothermal, nuclear energy, synthetic fuels, biomass, methane gas, and the continued examination of improvement in the conservation of energy.

In order to prolong the supply of our natural resources, the MML endorses the policy of energy efficiency in order to ensure conservation as the most effective means of dealing with the energy situation, such as the weatherization of existing buildings.

LAND USE AND PERMITTING CONTROLS OVER ALL STRUCTURES, INCLUDING THOSE RELATED TO ALTERNATIVE ENERGY SOURCES New facilities should be harmonious with other structures and uses as judged by local planning and zoning practices and related construction codes. A statewide standard should not supersede local ordinances because communities differ too much in density, architectural features, history, and other neighborhood factors for one standard to address every variable in every community.

The MML discourages prohibitions on renewable energy facilities that might include solar panels, wind turbines, windmills, water structures, underground heating and cooling fields and facilities yet to be defined. The MML encourages each locality to consider appropriate policies to encourage reasonable uses.

renters who have left the municipality. Repeal of this law would cause increases in water and sewer user fees to compensate for the rise in uncollectible accounts.

Further, MML supports legislation providing the authority to municipally owned utilities to hold the property owner and tenant jointly responsible for electric, gas, refuse collection and other utility bills.

Utility billing polices should be left to local officials who are ultimately responsible for the proper management of municipal utilities.

RECAPTURE AGREEMENTS The MML urges the General Assembly to pass legislation authorizing municipalities to enter into agreements with developers to construct certain public improvements or excess utility capacity that would benefit other properties not yet subdivided or served by such facilities. The city would recapture for the developer a portion of the costs associated with the construction of these public improvements by requiring properties benefiting from the improvements to pay a proportional share of the installation of these oversized or expanded public improvements before connecting or using said facilities.

HEALTHIER LIFESTYLES The MML encourages all municipal leaders and members of the General Assembly to increase access to and affordability of healthy food and beverage choices. Equally as important, communities should maximize access and incentives to participate in safe, multimodal transportation choices, mixed used development, and affordable physical activity, both indoors and outdoors.

RECREATIONAL USE LEGISLATION The MML urges the state of Missouri to enact Recreational Use Legislation to protect landowners from civil liability if they let their property be used by others for recreational purposes without charging a fee for profit.

MISSOURI’S LAND AND WATER CONSERVATION FUND PROGRAM The MML supports the full funding of the Land and Water Conservation Fund, in particular, the renewed allocation of LWCF funds to each state. The MML Policy Statement is available online at www.mocities.com.

MOVING UTILITIES IN PUBLIC RIGHTSOF-WAY The MML strongly opposes any legislation that would prohibit or restrict a municipality’s authority to require a utility company to pay the cost of relocating their facilities located in the public rights-of-way when the request is for a public purpose.

COLLECTION OF DELINQUENT UTILITY BILLS The MML opposes the repeal of the state law authorizing municipalities to hold the property owner and tenant jointly responsible for delinquent water and sewer bills. Approximately 50 percent of Missouri’s municipalities have adopted such a policy, because it is virtually impossible to sue

www.mocities.com

The Missouri Municipal Review

November 2013 / 23

SUPREME COURT TERM PREVIEW: LOCAL GOVERNMENT AT THE HIGH COURT

A

fter the justices ruled on same-sex marriage, the Voting Rights Act, and affirmative action at the end of June, attorneys and courtwatchers anxiously awaited the next cases this fall. The highest court in the land has already agreed to hear cases affecting local government on everything from controversial topics such as legislative prayer and demonstrations near abortion clinics to more esoteric subjects like federal court abstention.

Here are a few cases to watch for this term that may have a big impact on local government.

Town of Greece v. Galloway might redefine the Court’s approach to legislative prayer practices. Under the 1983 case Marsh v. Chambers, the court held that a state legislature could hire a chaplain to deliver a prayer at the beginning of its sessions as long as the practice was not “exploited to proselytize or advance any one, or to disparage any other faith or belief.” The Town of Greece’s official policy allows any person of any or no denomination to deliver an invocation at the beginning of town board meetings, and the Town does not approve or even examine the prayer in advance. In practice, all but four invocations (two Jewish, one Baha’I, and one Wiccan) have been led by Christians.

The Court will review a “totality of the circumstances” test employed by the Second Circuit to declare the Town’s practice an unconstitutional violation of the Establishment Clause and revisit its holding in Marsh for the first time in three decades. The case could impact many local bodies which begin their sessions with a prayer.

In Mount Holly Gardens Citizens in Action v. Township of Mount Holly, the Court will decide whether the Fair Housing Act (FHA) allows plaintiffs to bring disparate impact claims in addition to disparate treatment claims.

The FHA makes it unlawful to “refuse to sell or rent . . . or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status or national origin.” If a person is treated differently on account of a protected status, he or she may sue under the FHA. The question presented by this case is whether a policy or action (here, a plan to redevelop a lowincome minority neighborhood) that disproportionately affects a protected class of citizens without intentionally 24 / November 2013

by Lisa Soronen and Victor Kessler discriminating on the basis of race or other factors also can give rise to an FHA claim. Because redevelopment plans frequently, though unintentionally, can have disparate impacts on minorities, Mount Holly could expose cities and other local governments to increased liability.

In McCullen v. Coakley, the Court will examine the constitutionality of a Massachusetts law that creates a 35foot “buffer zone” around reproductive healthcare facilities into which demonstrators are not allowed to enter.

A 2008 case, Hill v. Colorado, upheld a similar law against a First Amendment challenge because it (1) addressed a legitimate state concern for the safety and privacy of individuals using the facilities, (2) was “content-neutral” in that it applied to all demonstrators equally regardless of viewpoint, and (3) regulated the “time, place and manner” of speech without foreclosing or unduly burdening the right of demonstrators to communicate their message. A broad ruling by the justices could have sweeping consequences beyond this particular context, as local governments are continually challenged to strike a balance between free speech rights and the duty to protect their citizens from harassment at clinics, funerals, political events and other locations. The State and Local Legal Center (SLLC) will file an amicus brief in this case.

In Marvin M. Brandt Revocable Trust v. United States the Court will decide a case affecting “Rails-to-Trails,” where state and local governments convert abandoned railroad corridors into recreational trails. The question in this case is, who owns an abandoned railroad right of way: the United States or a private land owner living next to the right of way. In 1875 Congress passed a law granting rights of way to railroads through public land. Over the course of the next century, as trucking became a more popular method of transport, numerous railroads abandoned these rights of way. The United States argues that another federal statute allows the United States to retain the railroad right of way if it is abandoned. If that is the case, and the abandoned right of way is located in a municipality, the municipality automatically receives it from the federal government for free. If the abandoned right of way is located elsewhere, a state or local government receives it for free if it establishes a The Missouri Municipal Review

“public highway” (including a trail) on the right of way within one year. If the Court rules in favor of the private land owner in this case, local government efforts to expand Rails-to-Trails will be stymied. The SLLC will file an amicus brief in this case.

Sprint Communications Company v. Jacobs arose out of a telecom dispute in Iowa. Sprint refused to pay another company’s intrastate access charge for a service and asked the Iowa Utility Board (IUB) for confirmation that it was under no obligation to do so. The IUB ordered Sprint to pay, and Sprint challenged the IUB’s decision in federal and state courts simultaneously. Under the Younger abstention doctrine, the Eighth Circuit ruled that the district court should not hear the case, if at all, until the state court review of the IUB decision was complete. The Supreme Court took the case to decide whether it mattered for the purposes of abstention that Sprint initially asked the IUB for approval – a remedial proceeding – or if Younger abstention only applies where the state brings a party before the court or administrative board in a coercive proceeding. Most remedial proceedings happen on the local level and involve zoning variances, the denial of gun permits and the like. The question is whether a federal court should be able to review this type of decision immediately or whether it should abstain until the state proceedings have ended. The SLLC will file an amicus brief in this case.

This term is already shaping up to be an exciting one for local governments.

Although the cases set for argument so far might lack the glamour and media hype of this summer’s rulings on same-sex marriage, voting rights and affirmative action, the issues before the Court deal with some of the essential mechanisms of local governance across the country.

Whether the justices will rule in favor of local governments remains to be seen.

Lisa Soronen is the executive director of the State and Local Legal Center (SLLC). In this role, Lisa files amicus curiae briefs to the United States Supreme Court on behalf of members of the Big Seven in cases involving federalism. Lisa organizes moot courts for attorneys representing state and local government at the Supreme Court. Victor Kessler served as the Legal Intern at the State and Local Legal Center, where he researched legal issues in Supreme Court cases affecting state and local governments.

www.mocities.com

CAN THE THREAT OF DEFUNDING EDUCATION SLOW DOWN TAX CUTS?

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he anti-tax bandwagon has been pretty crowded these past few years, particularly when it comes to taxing corporations. Kansas, for one, slashed its tax rates for corporations last year. Arizona’s corporate income tax is set to fall by 30 percent by 2017. And, Idaho partially repealed its business personal property tax.

One of the driving forces behind these tax-cutting policies is jobs: States see a business-friendly environment – full of tax cuts, credits and incentives – as a way of luring businesses to their states or as a way of keeping their states attractive to existing companies.

But a recent tax bill veto fight in Missouri, raises a question about legislators’ appetite for tax cuts when it means defunding essential services like education or public safety.

The Republican-dominated legislature passed a bill to cut the corporate tax rate nearly in half (and lower the state’s top personal income tax rate as well). In June, Gov. Jay Nixon, a Democrat, vetoed the bill on the grounds that the loss in revenue – around $700 million – would seriously defund education, making Missouri a less attractive state for business relocation. Many legislators disagreed and set a September date to override the veto.

Things got more interesting from there. Texas Gov. Rick Perry got involved, exhorting the legislature to go full speed ahead on tax cuts and override the governor’s veto. It was an unusual intrusion into another state’s legislative process, but that was not the only message Perry brought to the Show Me State. He also set out to lure Missouri businesses to Texas, which he hailed as a low-tax, business-friendly state. Perry’s rationale: Interstate competition for business leads states to institute more business-friendly, economy-growing policies. He doesn’t mind, when Louisiana officials come to his state to woo Texas businesses.

It makes both states sharpen their competitive game.

It was, perhaps, with an eye on neighboring Kansas and its tax-cutting www.mocities.com

by Penelope Lemov ways that drove Missouri’s legislators to see tax cuts as a means to keep the state’s economy in gear. However, when the vote to override took place in September, Nixon’s education argument prevailed and the legislature failed. (Republican legislators promise to bring up the issue again next session, but for now the tax cut is dead.) Does this mean corporate tax cutting in the states has hit its limit and that education funding is the blunt instrument that has turned it back?

Nixon’s education funding argument has some big numbers to back it up. A report from the Center on Budget Policies and Priorities – issued a day after the legislature failed to overturn the veto – detailed the state of public education funding. The report’s authors found that in the past six years, states have been defunding education in unprecedented amounts.

That defunding has, in turn, led to huge job losses – losses that run counter to state moves to attract new jobs via tax cuts. More specifically, the report, based on state budget documents, found that: • At least 34 states are providing less funding per student for the 2013-14 school year than they did before the recession hit. Thirteen of these states have cut per-student funding by more than 10 percent.

• E v e n t h o u g h m o s t s t a t e s a r e experiencing modest increases in tax revenues, at least 15 are providing less funding per student to local school districts in the new school year than they provided a year ago.

• Where funding has increased, it has generally not increased enough to make up for cuts in past years.

Since local school districts are rarely able to replace lost state aid on their own – 44 percent of overall education spending is from the states – it’s not surprising there are ramifications from these tax cuts. According to the report’s authors Michael Leachman and Chris Mai, “The spending cuts have caused school districts to lay off teachers and other employees, reduce pay for the education workers who remain, and cancel contracts The Missouri Municipal Review

with suppliers and other businesses.

These steps remove consumer demand from the economy, which in turn discourages businesses from making new investments and hiring.”

Local school districts have eliminated 324,000 jobs nationally since July 2008, according Bureau of Labor Statistics data. “This decline has been unprecedented,” Leachman and Mai write. “Normally, local education employment grows each year to keep pace with an expanding student population.

“In the long term, the savings from today’s cuts may cost states much more in diminished economic growth,” according to the report that echoes the argument Gov. Nixon made in his effort to preserve his veto. “To prosper, businesses require a well-educated workforce. The deep education spending cuts states have enacted will weaken that future workforce by diminishing the quality of elementary and high schools.” Penelope Lemov is a correspondent with Governing Magazine.

This article is reprinted with permission from Governing Magazine. Find the article at http://www.governing.com/ columns/public-finance/col-threatdefunding-education-slow-down-tax-cuts. html

November 2013 / 25

MML's 79th Annual Conference

M

issouri Municipal League members gathered in Branson, Mo., in September for the League's 79th Annual Conference. This was the League's first annual conference at the Branson Hilton & Convention Center.

More than 135 exhibitors shared their services with members, and Steve Uzzell presented a stunning keynote on the topic of "Open Roads, Open Minds." Uzzell shared his award-winning photos as a National Geographic photographer.

Be sure to mark your calendars for next September when the League meets for the 80th annual conference in St. Charles.

26 / November 2013

The Missouri Municipal Review

www.mocities.com

www.mocities.com

The Missouri Municipal Review

November 2013 / 27

MML news . . .

MML Honored For Municipal Governance Institute The Missouri Society of Association Executives presented its Awards of Excellence in Association Management at its annual meeting Sept. 17 in Jefferson City. The Missouri Municipal League is proud to have been selected to receive an honorable mention for the Municipal Governance Institute, a program to reward MML members' commitment to the continual process of learning new skills and abilities in the local government field.

The Municipal Governance Program continues to grow. Nearly 150 local officials are participating in the program and more than 70 have already qualifies as Certified Municipal Officials. Visit www.mocities.com to learn more about this exciting new program from MML.

MML Welcomes Sarah Garmer to the Team!

Sarah Garmer MML Event & Training Specialist

MML welcomes a new Event and Training Specialist, Sarah Garmer, to our team! Sarah will help organize all of the MML conferences, meetings and training opportunities for members across the state. Sarah recently completed a Master of Science degree in Recreation, Park and Tourism Administration from Western Illinois University in Macomb, with an emphasis in tourism and event planning. She has spent a lot of time in Missouri visiting family, interning at the Mark Twain Boyhood Home and Museum in Hannibal and enjoying many of the diverse tourist attractions and activities Missouri has to offer. Sarah is happy to call Missouri her new home, and looks forward to working with members of the Missouri Municipal League.

New MML Board Members . . .

Matthew Robinson was elected to the Hazelwood City Council to represent Ward 1 in 1994 and served in that capacity for 15 years until he was elected Mayor on April 7, 2009.

He has served on the National League of Cities Finance, Administration and Intergovernmental Relations Policy and Advocacy Committee since March 1999; North County Incorporated Board of Directors from January 2010-December 2012 and then on the Executive Board from January 2013 to the present; St. Louis County Municipal League from June 2013 to the present; and he served on both the Elm Grove and the Missouri Bottom TIF Commissions.

Matthew has served on numerous committees on behalf of the City including the Hazelwood Harvestfest Committee, North County Athletic Social Club President, Florissant Valley Jaycees, and St. Martin Des Porres Men’s Club.

28 / November 2013

Paul Martin has represented local governments in the state of Missouri since 1992.

Whether as city attorney, assistant city attorney, prosecutor, or special counsel, Paul has advised governing bodies, drafted legislation, enforced local ordinances, and litigated on all kinds of municipal issues. He was the lead attorney for local governments in the case of Wright v. State of Missouri, which saved Missouri municipalities and fire protection districts millions of dollars in overtime payments. He is a member of the International Municipal Lawyers Association and an officer of the Missouri Municipal Lawyers Association.

He is also an author and presenter on many topics of concern to municipalities.

Bob was elected in April 2009 to General Seat A of Springfield City Council.

He served on the Plans and Policies Committee and the Community Involvement Committee. He was unanimously elected Mayor Pro Tem by his peers in 2011 and was sworn in as Mayor when Jim O’Neal resigned in May, 2012. Voters elected him mayor again in April, 2013.

He currently serves on the Board of Directors of Springfield Sister Cities Association, the Board of Directors of the Urban Districts Alliance, the Board of Directors of PIC-West, and is vice-president of the Greene County Mayor’s Association. In addition, he was recently selected as the back-up member of the Regional Homeland Security Oversight Committee.

Stephens owns CascadeM3, LLC and has more than 35 years experience in human resource management, corporate and not-for-profit training, general management, and consulting.

The Missouri Municipal Review

Mayor Pat Kelly has served as an elected official for the city of Brentwood for more than 20 years; first elected as an alderman in 1993 and then mayor in 2001.

Previously he has served on the Executive Board for the St. Louis County Municipal League, chairman of the Mayors of Small Cities Organization of St. Louis County and the legislative chair for Missouri and Kansas for the International Conference of Shopping Centers (ICSC).

Currently, Kelly serves on the St. Louis County Economic Collaborative Development Committee and as the ICSC Missouri and Kansas State Alliance Public Sector co-chair.

He was also a member of the FOCUS St. Louis 2005 – 06 Leadership St. Louis program.

Mayor Kelly was formerly the village administrator for the Village of Twin Oaks and currently is a vice president of Business and Community Development for Eagle Bank and Trust of Missouri. www.mocities.com

MML Calendar of Events December 3-4

56th Annual Missouri S & T Asphalt Conference, Rolla, Mo.

January 8 21 28

Missouri General Session Convenes Last Day of Candidate Filing Final Certification to Election Authority

February 11-12 25-28

MML Legislative Conference, Jefferson City, MO Missouri Park and Recreation Assn. Annual Conference, Lake Ozark, MO

For more events, visit the events calendar at www.mocities.com.

www.mocities.com

The Missouri Municipal Review

Editor's Note: In the September 2013 issue of the The Review, the City of Springfield was incorrectly listed as the only municipality in the nation with a Gold Medal Award-Winning Parks and Recreation Department. Instead, the community is the only one in the nation with the Gold Medal AwardWinning Parks and Recreation Department, American Chamber of Commerce Executives Chamber of the Year award and accreditation in law enforcement, fire, emergency management and public works.

Three Missouri communities have been honored as Gold Medal AwardWinning Parks from the National Recreation and Parks Association, including Springfield, Lee's Summit and Columbia.

November 2013 / 29

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Corporate Office 7231 East 24th Street Joplin, MO 64804 417.680.7200

Rolla Office 112 West 8th Street Rolla, MO 65401 573.341.9487

Source: Thomson Reuters. professional profession a l d i r e directory c t o ry

ALLGEIER, MARTIN and ASSOCIATES, INC.

Visit our Website at www.gilmorebell.com Kansas City (816) 221-1000

Corporate Office 7231 E. 24th Street Joplin, MO 64804 417.680.7200

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AM

Rolla Office 112 West 8th Street Rolla, MO 65401 573.341.9487

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resourceful. naturally.

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CONSULTING ENGINEERS GEOTECHNICAL DRILLING

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REMEDIATION REMEDIATION LAND LAND SURVEYORS SURVEYORS Geotechnical Geotechnical Drilling Drilling UST’s UST’s Airports Airports Industrial Industrial Parks Parks

Stinson Morrison Hecker LLP The attorneys of our Public Law & Finance Group provide legal representation in a variety of matters including: . Economic incentives . Planning and zoning . Public and private partnerships . Annexation . Municipal litigation . Storm water management . Financing strategies sst tiin nsso on n m mo or rr riisso on n h he ec ck ke er r

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

Missouri Municipal Review The The Missouri Municipal Review

The choice choice of of aa lawyer lawyer isis important important and and should should not not be be based based solely solely on on advertisements. advertisements.(Mo. (Mo.Sup Sup Ct. Ct.Rule Rule 4-7.2) 4-7.2) The

SMITH&CO.

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March 2011 November 2010 / 27 25

St. Louis (314) 436-1000

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30 / November 2013

The Missouri

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

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professional directory

Public Finance and Municipal Bond Underwriting Underwriter • Financial Advisor Municipal Leasing • Bond Refundings

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www.mocities.com

REMEDIATION LAND SURVEYORS Geotechnical Drilling UST’s Airports Industrial Parks

Stinson Morrison Hecker LLP The attorneys of our Public Law & Finance Group provide legal representation in a variety of matters including: . Economic incentives . Planning and zoning . Public and private partnerships . Annexation . Municipal litigation . Storm water management . Financing strategies stinson morrison hecker

llp

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

The Missouri Municipal Review

The choice of a lawyer is important and should not be based solely on advertisements. (Mo. Sup Ct. Rule 4-7.2)

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Water Wastewater Streets/Roads Stormwater Site Plans Bridges

November 2013 / 31

professional directory

LA

RK

 Drinking Water  Wastewater  Stormwater  Aquatics  Municipal Streets

IN

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Omaha

Fort Collins

Contact MML to place your ad in this directory!

(573) 635-9134 info@mocities.com

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Be sure to add info@mocities.com to your email address book!

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News From The Bench

by David Davis

EMPLOYER REQUIRED TO CHALLENGE TIMELINESS OF A MHRA CHARGE OF DISCRIMINATION BEFORE THE MCHR OR THROUGH A WRIT OF MANDAMUS

by David Davis Farrow v. St. Francis Med. Ctr., No. SC92793 (August 27, 2013)

Farrow was employed by St. Francis Medical Center as a nurse. She claimed that her employment with the hospital was terminated on Dec. 10, 2008 because she refused the sexual advances made by one of the hospital’s doctors in Dec. 2005 and Feb. 2006. Farrow filed her charge of discrimination with the Missouri Commission on Human Rights (MCHR) on Jul. 27, 2009.

Therefore, her charge of discrimination was filed more than 180 days, but less than 300 days after her discharge.

The Equal Employment Opportunity Commission (EEOC) was assigned to investigate the charge of discrimination and issued Farrow a notice of

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right to sue on Nov. 16, 2009. On Dec. 19, 2009, the MCHR issued its notice of right to sue to Farrow.

Farrow filed her lawsuit against the hospital and its doctor on Mar. 18, 2010, claiming sexual harassment and retaliation in violation of the Missouri Human Rights Act, among other claims.

St. Francis Medical Center sought dismissal of Farrow’s claims because she failed to file her complaint with the MCHR within 180 days as required by the statute. The court stated that by issuing the notice of right to sue letter, the MCHR presumptively found that the complaint was timely filed because the MCHR did not have jurisdiction to issue the right to sue unless the charge was timely filed. The court held that St. Francis Medical Center could have

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sought judicial review of the MCHR issuing a notice of right to sue pursuant to RSMo § 213.085.2 within 30 days of the MCHR’s issuance of the notice of right to sue. Because the hospital failed to challenge the timeliness of the charge before the MCHR or within the time prescribed by RSMo § 213.085.2, the court held that the hospital waived its timeliness argument.  David Davis is an attorney, founding member of Davis Law, LLC and author of the Missouri Local Government Employment Law Handbook.

He counsels and defends local government and businesses in the areas of employment law, commercial litigation, civil rights and general litigation. Contact him at (314) 863-6868 or ddavis@davis-law-llc.com. Follow him on Twitter @DavisLawLLC.

November 2013 / 33

2013 Index of Articles and Authors City Profile

City Of Eureka: Proud Past, Promising Future - 6, Jan City Profile: Chesterfield Celebrates 25 Years! - 16, Jul City Profile: New Fulton Police Station - 17, Mar City Profile: Springfield, 175 Years Young! - 4, Sept Grandview Celebrates Its Centennial, Builds For Next 100 Years - 22, Jan Grandview Celebrates Its Centennial, Builds For Next 100 Years - 22, Jan

Economic/Community Development

A 1980s Formula For Economic Development Still Successful - 14, Jan Building More Effective Delivery Of Economic Development Projects - 26, Jan Cashing In: Missouri Communities Support Local Business - 25, Jan City Of Perryville: City Leaders Share Strategies Of Success - 12, Jan Creating Sustainable Places - 5, Mar Enacting The Marketplace Fairness Act Will Help Missouri Retailers And The Missouri Budget - 24, Mar Enhancing And Improving Overlooked Everyday Nature - 9, Mar Evaluating Risk: A City’s Guide To Analyzing A Request For Economic Development Incentives - 20, Jan Leadership By Doing! Chesterfield’s Recovery From The Flood Of 1993 - 18, Jul Missouri Department of Economic Development Programs - 30, Jan Public-Private Partnerships - 18, Jan The Distinctive City - 10, Jan Unclaimed Property - 4, Mar

Legislation

Communicating With Legislators - 31, Jan Devolution And Arrogance: State Can’t Resist Bossing Around Localities - 8, Sept

Missouri Municipal League

Director’s Report - 5, May Director’s Report - 5, Jul FAQ: MML’s Municipal Governance Institute - 26, Jul FAQ: Use Tax - 26, Mar Missouri’s Local Government Week 28, Jul

34 / November 2013

President’s Report - 4, May President’s Report - 4, Jul President’s Report - 4, Jan

Municipal Administration

50 Survival Tips For Elected City Officials - 22, Sept Distinguished Budget Presentation Awards Program - 23, Jul Small Towns Cooperation Board - 20, Jul Social Media And Municipal Employees: Tweet Them Right - 14, Sept The Latest Changes To The Family And Medical Leave Act - 24, May Treatment Of Seasonal Employees Under Health Care Reform - 22, Mar

Parks and Recreation

City Of Cameron Parks And Recreation - 17, May

Public Safety

Protecting Employees From Falls - 15, May Seasonal Influenza And Immunizations In The Workplace - 20, Mar Working Together To Promote Community Health And Wellness In Missouri - 28, Mar

Public Works

Environment Ranks High Priority For Kansas City - 20, May Environmental Protection Agency Resources - 19, Mar Five Things You Can Do To Save On Energy In Your Utility - 18, Sept Kansas City’s Largest Infrastructure Project Goes Green - 6, May Municipal Stormwater Wizardry - 13, May Public Works Projects At A Glance - 18, May Regional Cooperation For Biosolids Management - 8, May The Art Of Snow Removal - 11, May

2013 Author Index Bliss, Daniel - 26, Jan Bontrager, Drew - 17, May Davis, Davis S. - 24, May Donnewald, Pam - 15, May Eggers, William D. - 12, Sept Ehrenhalt, Alan - 8, Sept Garrett, Michael - 9, Mar Hagedorn, Luke - 13, Mar Hensley, Barbara - 5, Mar Hirt, Jeff - 5, Mar Holloway, Laura - 25, Jan Isch, Laura - 6, May Jadali, Joan - 23, Jul Katerndahl, Dean - 5, Mar Lacy, Daniel - 20, May Lauber, Joe - 14, Jan Lein, Lori - 14, Sept Lusk, Lucille - 20, Jul Mason, Kenneth A. - 22, Mar McMahon, Edward T. - 10, Jan Mello, James E. - 18, Jul Nixon, Ana - 22, Jan Parris, Matthew - 12, Jul Pessina, Michael - 8, May Randolph, Dennis - 22, Jan Rann, Jeanine - 14, Jan Ray, Mike - 8, May Renner, Charles - 18, Jan Rexroat, Dave - 20, Mar Roten, Gayla - 14, Jan Shipman, Jay - 33, Jul Spykerman, Mark - 20, Jan Strahley, Scott A. - 18, Sept Sutherland, Mike - 24, Mar Tucker, Libbey Malberg - 16, Jul Wallace, Ruth - 13, May Wernig, Darin - 17, Mar Wood, Julie - 6, Jan Worthington, Kyle - 11, May Ziegenfuss, Rick - 8, May Zweifel, Clint - 4, Mar

Technology

Disaster Recovery: A Guide To Data Backup - 12, Jul On-Hold Communications In The Digital Age - 33, Jul Preparing For Electric Vehicles: How Missouri Communities Can Get Ready - 13, Mar TechTalk: Getting Mobile Right: Six Steps To Success In Government - 12, Sept The Missouri Municipal Review

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November 2013 / 35