No. 284

September 2009

MISSOURI DEPT. OF LABOR SEEKS TO ENFORCE STATE MINIMUM WAGE LAW … Although last year the MML won an important lawsuit, Wright v. State of Missouri, in which the court held that local governments are covered by the Federal Minimum Wage and Overtime Law, not the state law, the Missouri Dept. of Labor has started to enforce the state law for seasonal, recreational employees. Under the federal law, these employees are exempt, but not under state law. Apparently, the Dept. of Labor is going to ignore the court’s decision. If the Missouri Dept. of Labor does not reconsider their position, we will likely be back in court seeking injunctions and other remedial actions.

BURCHAM SUES JOPLIN OVER “STACKED” SALES TAX … Farmington Attorney Tom Burcham has sued the city of Joplin alleging that the people have adopted an illegal sales tax. After years of filing lawsuits against tiny communities, he finally has sued a municipality with the resources to respond. In 2006, Joplin adopted a one-half cent sales tax for public safety purposes that produces approximately $12 million annually. Burcham wants to enjoin collection of the tax, refund approximately $36 million to the consumers (how?), and payment of his attorneys fees. If Burcham prevails, Joplin and 70 other cities with “stacked” sales taxes will be bankrupt.

ARNOLD WINS RED LIGHT LAWSUIT … Last month, a federal judge dismissed a lawsuit challenging Arnold’s red light cameras, saying it was not a federal issue and the cameras did not violate any federal laws. Red light camera ordinances have consistently been upheld in courts throughout the country.

FINAL ANNUAL CONFERENCE NOTES … Based on pre-registrations, we expect a large turnout for the MML Annual Conference on October 4-7 at Tan-Tar-A. The Conference includes many educational seminars, more than 100 vendors, and enjoyable evening events with the opportunity to visit with your colleagues from throughout the state. Visit the MML Web site (www.mocities.com) for Conference registration and hotel information.

2009-2010 POLICY STATEMENT … The 2009-2010 proposed policy statement is available on the MML Web site at www.mocities.com and can be mailed to any city requesting a copy prior to the Annual Conference. A limited number of copies will be available at the Conference. The policy statement will be adopted at the Business Meeting at 10:00 a.m. on Tuesday, October 6, 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.

WOOD TO CHAIR NOMINATING COMMITTEE … Mayor Kevin Wood of Harrisonville will chair the 2009 Nominating Committee which will consist of the following municipal officials: Mayor Joe Adams of University City, Councilmember Donna Jean Boyer of St. Joseph, Mayor Robert Lowery of Florissant, Counselor Terry McVey of Kennett, Mayor Karen Messerli of Lee’s Summit, Councilmember Ron Monnig of Slater, Mayor Raeanne Presley of Branson, City Administrator Mark Randall of Pleasant Hill, Mayor Carol Rudi of Gladstone, 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 Mayor Kevin Wood at League headquarters.

SHUTTLE BUSES AT CONFERENCE … Shuttle buses will run throughout Tan-Tar-A during the Conference. Shuttle schedules will be provided at the Tan-Tar-A registration desk.

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: American Water Company; BWR; ConEdison Solutions; Curtis, Heinz, Garrett & O’Keefe, PC; Environmental Management Corporation (EMC); ING Financial Advisors; L.J. Hart & Company; Laserfiche; MO-DNR Brownfields/

Voluntary Cleanup Program; MOPERM; Oppenheimer & Co., Inc.; Sullivan Publications, Inc.; Tetra Tech; Union Pacific Railroad; and Weis Design Group. 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 enables the League to provide enhanced special events and substantial prizes during the Conference.

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

SAMPLE GOLF CART ORDINANCE … After August 28, local governments may adopt ordinances to allow golf carts on city streets if certain safety requirements are met. We have a sample ordinance on our Web site (www.mocities.com).

ONE STOP SHOP … In an effort to better serve members, the League has launched a new feature on the MML Web site – “One Stop Shop.” Here members can find sample ordinances, articles, Attorney General Opinions, links to state statutes and court cases all organized by topic. To access the One Stop Shop, simply visit the MML Web site at www.mocities.com and click on the “One Stop Shop” button on the left hand tool bar.

MARKENSON TO RETIRE (FINALLY!) … Forty years ago, when I came to work for the MML, our executive director, Jay T. Bell, instructed me to begin a Municipal Newsletter. I have been writing this Newsletter ever since, and it is still an enjoyable assignment. Most of my experiences with the League have been educational and enjoyable, especially working with local government officials, both elected and appointed: we have accomplished many things together. But now it is time for change, and I have notified the Board of my decision to retire at the end of the year. It has been an absolute pleasure to serve and work with local government officials these many years. ~ Gary Markenson, Executive Director