No. 273

August 2008

ANNUAL CONFERENCE NOTES … Room reservations and Conference registration indicate a large turnout of municipal officials for the MML Annual Conference, September 7-10, in Springfield at the University Plaza. The Conference includes many educational seminars and enjoyable evening events with the opportunity to visit your colleagues from throughout the state. Visit the MML Web site (www.mocities.com) for conference registration and hotel information.

SHUTTLE BUSES AT CONFERENCE … Shuttle buses will run between the hotels and the Springfield Expo Center throughout the Conference. Shuttle schedules will be provided at each hotel and the Conference registration desk.

ROUNDTABLE FOR VILLAGES AND SMALL CITIES … At the Annual Conference, on Sunday, Sept. 7 at 4:00 p.m. the MML will have a roundtable session for officials from small cities and villages to permit them to discuss common issues. Officials do not need to register for the Conference in order to attend this session and are invited to the opening reception in the Exhibition Hall. However, we do ask you to let us know if you will be attending so that we will have adequate room. Chairman Kevin Williams of Milo will preside at the session. If you will attend please call or e-mail League headquarters (info@mocities.com).

2008-2009 POLICY STATEMENT … The 2008-2009 policy statement will be available mid-August on the MML Web site at www.mocities.com and mailed to any city requesting a copy prior to the Annual Conference. A limited number of copies will be available at the Conference in Springfield. The policy statement will be adopted at the Business Meeting at 10:00 a.m. on Tuesday, September 9, during the Conference. Anyone proposing a new resolution is required to provide it to the president, chairman of the Resolutions Committee, or executive director 24 hours before the Business Meeting and have available 200 copies of the proposed resolution.

MONNIG TO CHAIR NOMINATING COMMITTEE … Councilman Ron Monnig of Slater will chair the 2008 Nominating Committee which will consist of the following municipal officials: Mayor Joe Adams of University City, Mayor Tom Carlson of Springfield, Mayor T. R. Carr of Hazelwood, Alderman Leonard Jones of Grandview, Mayor Karen Messerli of Lee’s Summit, Mayor Raeanne Presley of Branson, Councilmember Jim Schultz of Independence, Councilmember Earle Teegarden of Chillicothe, Mayor Donald Licklider of Weldon Spring, and Mayor Patti York of St. Charles. If you would like to be considered for the MML Board, please send a letter with your qualifications to Councilman Monnig at League headquarters.

CITY SHIRT DAY AT ANNUAL CONFERENCE … Delegates attending the MML Annual Conference are encouraged to wear their city shirts to the Sunday opening reception.

MML ANNUAL CONFERENCE COMMERCIAL FIRMS PARTICIPATION … The interest of commercial firms in MML Annual Conference activities is significant again this year. The Special Sponsor Program, which was established several years ago for firms desiring to increase their participation, continues to be popular. The following firms have agreed to participate as special sponsors: BWR; CIGNA; Curtis, Heinz, Garrett & O’Keefe, PC; King Hershey, PC; Laserfiche; Missouri Consolidated Health Care Plan; Missouri Department of Natural Resources – Brownfields; MOPERM; Oppenheimer & Co., Inc.; Piper Jaffray & Co.; Sullivan Publications, Inc.; Tetra Tech; TranSystems; and Union Pacific Railroad. The exposition at this year’s Conference features a very diverse group of firms. The MML expresses sincere thanks to all the firms participating as special sponsors, exhibitors, and hospitality hosts. The interest and cooperation of these firms enable the League to provide enhanced special events and substantial prizes during the Conference.

MML FACES LAWSUIT … Recently, an attorney named Tom Burcham approached League officials and indicated that he intended to pursue a claim challenging the contributions being made to the League by its members in conjunction with the settlement of wireless communications tax litigation. He also indicated, however, that he would not pursue that claim if the League would help him reach a settlement with cities that have enacted multiple sales taxes under a single authorizing statute (i.e. multiple capital improvement taxes, or multiple general sales taxes). He claims that cities have illegally exceeded statutory limits on such sales taxes by “stacking” multiple taxes.

    We have fully explored the situation with legal counsel and determined that: (1) he does not have a legitimate claim against the League; and (2) it does not make any sense to participate in settlement discussions with him on behalf of cities regarding his questionable sales tax claims. In short, he has little to offer in the way of final resolution of such claims and demands far too much.

    We do intend to seek legislation during the next session in hopes of protecting cities from these claims, but in the meantime it seems likely that Burcham will soon file a variety of lawsuits against cities regarding “stacked” sales taxes. We will make every effort to help cities coordinate their defense of such lawsuits, so please keep us informed.

EXCESSIVE UNEMPLOYMENT LAW IN EFFECT … According to the Missouri Department of Labor (DOL), because of the current high rate of employment in Missouri, only Missouri laborers and laborers from “nonrestrictive” states may currently be employed on Missouri’s public works projects. Iowa and Illinois are not listed among the employable states. Arkansas, Kansas, Kentucky, and Tennessee are considered employable along with American Samoa, Guam, and a number of other states. For more information see RSMo 290.550 through 290.580 or visit DOL’s Web site at www.dolir.mo.ogv/Is/faq/faq_PublicWorksEmployment.asp.

MISSOURI CITIES HONORED … Money Magazine recently listed four Missouri municipalities in their list of the “100 Best Places To Live:” Lee’s Summit, O’Fallon, St. Charles, and St. Peters. Also, Arnold is listed among the top “25 Most Affordable Cities.” Congratulations!

AUDIO FROM ELECTED OFFICIALS TRAINING CONFERENCE … Audio from most of the sessions at the recently held Elected Officials Training Conference is available on the League Web site. Go to “MML Conferences,” “Elected Officials Conference,” and then click on the link for audio from the Conference.

NEW MMAA OFFICERS … The Missouri Municipal Attorneys Association recently elected the following new officers: President, City Counselor Terry McVey of Kennett; Vice President, City Attorney Chris Williams of Oak Grove; and Treasurer, City Attorney John Mulligan of University City.

BUSHYHEAD AND THOMPSON RECEIVE CZECH AWARD … Belton City Attorney Christine Bushyhead and Raytown City Attorney Nancy Thompson received the Missouri Municipal Attorneys Association’s Annual Lou Czech Award for outstanding contributions to municipal law. Congratulations to both who have spent countless hours training city officials at MML Conferences.

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