#280

May 2009

LEGISLATURE WILL ADJOURN ON MAY 15 … Between now and the May 15 adjournment, the Missouri General Assembly will consider a number of bills of municipal interest including: Sunshine Law, liability for delinquent water and sewer bills, red light cameras, and other issues. Please stay alert to e-mailed legislative alerts and updates. If you are not on our e-mail legislative alert system, please send your e-mail address to info@mocities.com.

SUPREME COURT LIMITS WARRANTLESS VEHICLE SEARCHES … The U.S. Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers. The Court’s 5-4 decision in a case from Arizona puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation. Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car’s passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest. “When these justifications are absent, a search of an arrestee’s vehicle will be unreasonable unless police obtain a warrant,” Stevens said. Justice Samuel Alito, in dissent, complained that the decision upsets police practice that has developed since the Court, 28 years ago, first authorized warrantless searches of cars immediately following an arrest.

A.G. OPINION ON COLLECTIVE BARGAINING … Attorney General Chris Koster issued Opinion No. 83-2009 that negotiations between a city and a union on a memo of understanding (contract) may be closed under the Sunshine Law. However, when the written proposals are subject to adoption, modification, or rejection by the governing body, the meeting can no longer be closed. You may obtain a copy of the opinion from League headquarters.

ELECTED OFFICIALS TRAINING CONFERENCE … The League’s premier training Conference offers a nuts and bolts review of the important issues municipal officials need to be familiar with – Sunshine Law, budgets, parliamentary procedure, taxes, conflicts of interest, planning and zoning – these are just a few of the topics to be covered. While the Conference focuses on providing the knowledge base that newly elected municipal leaders need to govern effectively, the changes that continually occur in the municipal arena make this a Conference that all officials should attend. The Conference will be held at the Jefferson City Capitol Plaza Hotel, June 11-12. Registration and agenda are included with this Newsletter and will be posted on the League’s Web site.

EOT CONFERENCE SCHOLARSHIP … The MML Board of Directors has authorized up to four Elected Officials Training Conference (EOT) scholarships this year. Scholarships are awarded to an elected or appointed official of a municipality that has not sent a delegate to an EOT Conference within the last four years. The scholarship will pay for the Conference registration fee and hotel accommodations, for the evening of June 11. To be considered for one of the four scholarships, the governing body of an eligible municipality should nominate an elected or appointed official to receive the scholarship. All nominations must be in writing and received by May 15 at League headquarters, 1727 Southridge Dr., Jefferson City, MO 65109.

O’FALLON ADOPTS CHARTER … On April 7, voters in O’Fallon approved a home rule charter. O’Fallon becomes the 40th home rule city in Missouri. If your municipality is interested in home rule, please contact League headquarters for a copy of the Model City Charter and further information.

MIXED RESULTS IN SALES TAX ELECTIONS … The April election produced mixed results for local special purpose sales tax elections; three passed and three failed. Voters approved sales taxes in Crystal City (capital improvements); Harrisonville (fire protection); and Raytown (public safety). Voters defeated sales taxes in Ashland (transportation); Kirksville (fire protection); and Troy (capital improvements).

CENSUS COMING TO YOUR CITY … The U.S. Census Bureau has begun making contacts with mayors and city administrators across the state. The Bureau is looking for partners to help spread the message of the importance of the 2010 census to every city and town. If you have not heard from a partnership specialist with the U.S. Census Bureau, please call 816-994-2000 and ask to speak to a partnership specialist to find out how you can help deliver a complete count in 2010. Census questionnaire forms hit doorsteps in March 2010.

LEGISLATIVE WRAP-UP DINNER MEETINGS … Following the end of the 2009 Legislative session, the MML will be conducting a series of Legislative Wrap-up dinner meetings. The meetings will be held in North Kansas City (May 21), Edina (May 21), Grant City (May 28), Slater (May 28), Dexter (June 4), and Mt. Vernon (June 4). At the meetings, League staff will explain how the new laws will affect your municipality. This is a great opportunity to meet with your League staff and have questions answered on a face-to-face basis. Your city clerk will receive registration information via e-mail in the near future.

INNOVATION AWARDS … Nominations are being accepted for this year’s Innovation Awards program. The awards spotlight successful municipal programs that other municipalities may wish to emulate. Three different population categories are available. Winners will be honored at the MML Annual Conference, Oct 4-7, at Tan-Tar-A. Select projects will be featured in The Missouri Municipal Review. All submissions will be entered into the Innovation Awards database. Nomination packets may be downloaded from the League’s Web site (click on “Innovation Awards” in the lower, right-hand corner).

NEW MCMA OFFICERS … The Missouri City Management Association elected the following officers: President, City Administrator Barry Alexander of Shrewsbury; Vice President, City Administrator Keith Moody of Harrisonville. City Administrator Steve Rasmussen of Jefferson City and City Administrator Tom Short of Carthage were elected to the MCMA Board. City Administrator Cory Smith of Grandview was the 2009 recipient of the Jay T. Bell Professional Management Award. Assistant City Manager Scott Wingerson of Gladstone received the Outstanding Assistant Award.