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MUNICIPAL ATTORNEYS NEWSLETTER
Missouri Municipal Attorneys Association
1727 Southridge Drive, Jefferson City, MO 65109
Editor Howard C. Wright 417-569-0386
Asst. Editor Ragan Wright
573-635-9134, Fax: 573-635-9009
http://www.mocities.com
March 2010
CONTRIBUTING FACTOR WAS CAUSATION INSIDE THIS TEST IN WHISTLEBLOWER CASE
Fleshner an employee (Employee) of PVI (Employer) was involved in an investigation by the U.S. Department of Labor in determining whether or not the Employer failed to pay its employees overtime compensation when they worked more than 40 hours a week. Employee received a telephone call at home from a Department of Labor investigator seeking background information about Employer … (Click to view full Newsletter)
April 2010
“JUSTICE ON THE CHEAP” - PENSION BENEFITS UNDER PACARS CANNOT BE CHANGED RETROACTIVELY
The Missouri Prosecuting Attorneys and the Circuit Attorneys Retirement System (PACARS) filed a petition for a writ of mandamus to compel payment by Barton County (County) of pension contributions required under Section 56.807 RSMo known as the PACARS law. This law required counties to pay into PACARS, the cost of the retirement benefits for prosecutors. Originally, the statute provided for incentive payments to the counties to help with the required pension payment; however, this was discontinued and in 2002 Barton County stopped paying into PACARS. The Prosecuting Attorneys and PACARS (plaintiff’s) filed a writ of mandamus against Barton County to require payment under the statute. The County alleged that the required payment violated the mandate provision in the Hancock Amendment (which requires “any new activity or service or increase in the level of activity or service beyond that required by existing law…” to be funded by a state appropriation.) .... (Click to view full Newsletter)
June 2010
Possibility Of Inference Of Discrimination
Roxanne Ruppel (Employee) was an at will employee in the city clerk’s office of the city of Valley Park (City). She was considered to be a good employee. In April of 2005, Jeff Whittaker (Mayor) was elected mayor of the City. Soon after the Mayor was elected, he started to have an affair with the Employee who worked for the city clerk. Both the Mayor and the Employee were married but did not try to keep their affair secret. ... (click to view full Newsletter)
July 2010
Search Of Employee Pager Records Upheld
The city of Ontario (City) provided its police officers with alphanumeric pagers that were able to send and receive text messages. The City contracted with Arch Wireless (Provider) for the service, which had a monthly limit on the number of characters each pager could send or receive, and an additional charge for usage in excess of the monthly limit. The City issued pagers to officer Quon (Employee) and other police officers in the department. ... (click to view full Newsletter)
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