#268

February 2008

MML LEGISLATIVE CONFERENCE – LAST REMINDER … We hope you plan to attend the MML Legislative Conference on February 20-21 at the Jefferson City Capitol Plaza. Invited speakers include: Governor Matt Blunt, Attorney General Jay Nixon, Minority Leader Paul LaVota, and Senate Pro-Tem Michael Gibbons. Registration material already has been mailed to each municipality, but additional registration forms are available from League headquarters or on the MML Web site. A MML room block is available at the Holiday Inn Express (573-634-4040). We look forward to seeing you in Jefferson City with a large delegation from your municipality.

STATE MINIMUM WAGE LAW DOES NOT APPLY TO LOCAL GOVERNMENTS … In a lawsuit brought by the Missouri Municipal League and several municipalities, Cole County Circuit Judge Richard Callahan has held that the new Missouri Minimum Wage and Overtime Law does not apply to local governments, because the definition of “employer” does not specifically include political subdivisions. Missouri municipalities will continue to be covered by the Federal Minimum Wage and Overtime Law that provides special work periods (212 hours in a 28-day period for firefighters and 171 hours for police officers). We do not know if Attorney General Jay Nixon will appeal the decision. Congratulations to our attorneys Paul Martin and Kevin O’Keefe for a great job!

OPEN RECORDS LAWSUITS FILED … Attorney Tom Burcham has filed one lawsuit alleging violations of the Sunshine Law against the city clerks in six small Missouri municipalities: Miller, Bland, Fair Play, Duquesne, Rocheport, Sturgeon, and Doolittle.  He claims that they did not respond to his records requests in a timely manner. He is suing each clerk for civil damages and compensatory damages in excess of $25,000. The suit was filed in St. Francois County, so each clerk and their attorneys must travel to Farmington for the trial. These types of lawsuits seem not to care about the emotional and financial trauma they impose on these mostly part-time, underpaid city clerks. Surely, there is a better way to resolve Sunshine Law disputes (such as mediation by the Attorney General). Also, city officials must ensure that city clerks are adequately trained through MML and City Clerks and Finance Officers Association sessions.

MISSOURI ETHICS COMMISSION GOES SEVEN BUBBLES OFF PLUMB (AGAIN)! … The Missouri Ethics Commission has determined there are reasonable grounds to believe that Maysville officials violated the Missouri Ethics Laws and will hold a hearing on the allegations. The facts are: a member of the board of aldermen resigned to apply for the position of city clerk and was hired for the position. Section 105.454(5) RSMo states that: No elected or appointed official or employee of the state or any political subdivision thereof, serving in an executive or administrative capacity, shall: … (5) Perform any service for consideration, during one year after termination of his or her office or employment, by which performance he or she attempts to influence a decision of any agency of the state, or a decision of any political subdivision in which he or she was an officer.

     The Ethics Commission evidently does not realize that an alderman does not serve in an executive or administrative capacity and that a city clerk does not influence decisions. This law was meant to prevent former officials from lobbying, not from serving in a ministerial position. Nevertheless, charges have been brought against the city clerk and the mayor (for allowing the transgression). We seldom have seen a more ridiculous interpretation of the laws by a state agency. We need to find something for the Ethics Commission to do.

     P.S. The Ethics Commission staff could not discuss the statutes or the situation with us. P.S.S. Does the Commission plan to go after the many state legislators who resign to take state government positions?

FLAT SALES TAX COLLECTIONS … For the first six months of the fiscal year (ending December 31) statewide sales tax collections increased by only one-half a percent. This does not even keep pace with inflation. City officials throughout the state are scrambling to make up for this shortfall in revenues.

CAFETERIA PLAN REQUIRED: UPDATE … The General Assembly adopted H.B. 818, a huge health insurance bill that contains a provision (376.453) that requires all employers to provide a premium only cafeteria plan if the employee contributes to the premium (effective January 1, 2008). Premium only plans allow for employees to pay their portion of the group insurance premium on a pre-tax basis. The new law does not apply to self-insured or self-funded group plans. The Missouri State Division of Insurance has posted information on their Web site pertaining to this new law. The information can be found at www.insurance.mo.gov/consumer/Coverage/index.htm.

MML OFFICIALS APPOINTED TO NLC STEERING COMMITTEES … The National League of Cities has appointed the following Missouri municipal officials to steering committees: Creve Coeur Councilmember Laura Bryant, St. Peters Alderman John Reitmeyer, and Grandview Alderman James Crain. Congratulations.

MOCCFOA TO SPONSOR SPRING INSTITUTE … The Missouri City Clerks and Finance Officers Association will hold its annual Spring Institute on March 10-13, 2008, at the Lodge of Four Seasons, Lake Ozark, Mo. This annual meeting provides a variety of educational opportunities that address many of the aspects of the city clerk’s position. Those attending the seminar will be provided handouts of the sessions and other informative and educational material that may be shared with other city officials. Registration information is available on the MML Web site under “Events.”

“SHOW – ME” YOUR CITY … The MML Review magazine is interested in receiving city profile articles for publication in upcoming issues. City profile articles are usually 2,500 words in length and include topics such as: local history, local government, parks/recreation, economic development, quality of life features, and may focus on a recent improvement or innovative project. If you have someone who enjoys writing and is interested in submitting a city profile article, please contact Katie Bradley at kbradley@mocities.com for more information.