Missouri Municipal Review

The Official Publication of The Missouri Municipal League

TheMissouri Municipal

September 2012

Review

RiversideUpstream From Ordinary

2 / September 2012 The Missouri Municipal Review www.mocities.com

This information does not represent an offer to sell or a solicitation of an offer to buy or sell any fundor other security. Investors should consider the investment objectives, risks, charges and expensesbefore investing in any of the Missouri Securities Investment Program’s portfolios. This and otherinformation about the Program’s portfolios is available in the Program’s current InformationStatement, which should be read carefully before investing. A copy of the Information Statementmay be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website atwww.mosip.org. While the MOSIP Money Market Series seeks to maintain a stable net asset valueof $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 pershare at the stated maturity, it is possible to lose money investing in the Program. An investment inthe Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any othergovernment agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors,Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org). PFM FundDistributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Member SIPC.Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, andmanagement. According to Standard & Poor's rating criteria, the AAAm rating signifies excellentsafety of invested principal and a superior capacity to maintain a $1.00 per share net asset value.However, it should be understood that the rating is not a "market" rating nor a recommendation tobuy, hold or sell the securities.

TheMissouriSecurities InvestmentProgram (“MOSIP”) is acomprehensive cashmanagement program for schooldistricts, municipalities, and otherpolitical subdivisions. MOSIP wascreated in 1991 by the MissouriSchool Boards Association.

MOSIP offers its participants aprofessionally managed portfoliowith competitive money marketrates. MOSIP stresses “safety ofprincipal” as the number oneobjective and is rated AAAm byStandard and Poor’s.

Sponsored by:Missouri School Boards Association • Missouri Association of School Business Officials

Missouri Association of School Administrators

Missouri Securities Investment Program

A Cash Management Program for School Districts, Municipalities

and Other Political Subdivisions

William T. Sullivan, Jr.Managing Director

1-800-891-7910 [email protected]

Maria AltomareManaging Director


P.O. Box 11760 • Harrisburg, PA 17108-17601-877-MY-MOSIP

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 631461-800-891-7910

Registered Representatives

Administered by: PFM Asset Management LLC

contents

departments

PresidentMayor Norman McCourt

Black Jack

Vice PresidentMayor Pro Tem Susan McVey

Poplar Bluff

Immediate Past PresidentMayor Carson Ross

Blue Springs

e

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS

Donna Baringer, Alderman, St. Louis; Conrad Bowers, Mayor, Bridgeton; Denise Chisum, City Clerk, Lee’s Summit; Roger Haynes, Deputy City Manager, Mexico; Bill Johnson, Director of Administration, Fulton; David Kater, Mayor, Desloge; Bill Kolas, Mayor, Higginsville; Jan Marcason, Councilmember, Kansas City; *Ron Monnig, Councilmember, Slater; Reanne Presley, Mayor, Branson; Don Reimal, Mayor, Independence; John “Rocky” Reitmeyer, Alderman, St. Peters; Lisa Robertson, City Attorney, St. Joseph; Kathy Rose, Mayor, Riverside; Arthur Sharpe, Jr., Councilmember, University City; Tom Short, City Administrator, Carthage; Paul Ward, Councilmember, Kirkwood; *Gerry Welch, Mayor, Webster Groves; *Kevin Wood, Mayor, Harrisonville.*Past President e

AFFILIATE GROUPS: Missouri City Man-agement Association; City Clerks and Finance Officers Association; Government Finance Of-ficers Association of Missouri; Missouri Mu-nicipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs.

Laura Holloway, EditorContributing Editors: Dan Ross and Richard Sheets

Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication of-fice is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109.To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at [email protected]. The League’s Website address is: www.mocities.com.

www.mocities.com The Missouri Municipal Review September 2012 / 3

Review VOLUME 77, NO.5

Missouri MunicipalThe

September 2012

The Official Publication of The Missouri Municipal League

This information does not represent an offer to sell or a solicitation of an offer to buy or sell any fundor other security. Investors should consider the investment objectives, risks, charges and expensesbefore investing in any of the Missouri Securities Investment Program’s portfolios. This and otherinformation about the Program’s portfolios is available in the Program’s current InformationStatement, which should be read carefully before investing. A copy of the Information Statementmay be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website atwww.mosip.org. While the MOSIP Money Market Series seeks to maintain a stable net asset valueof $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 pershare at the stated maturity, it is possible to lose money investing in the Program. An investment inthe Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any othergovernment agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors,Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org). PFM FundDistributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Member SIPC.Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, andmanagement. According to Standard & Poor's rating criteria, the AAAm rating signifies excellentsafety of invested principal and a superior capacity to maintain a $1.00 per share net asset value.However, it should be understood that the rating is not a "market" rating nor a recommendation tobuy, hold or sell the securities.

TheMissouriSecurities InvestmentProgram (“MOSIP”) is acomprehensive cashmanagement program for schooldistricts, municipalities, and otherpolitical subdivisions. MOSIP wascreated in 1991 by the MissouriSchool Boards Association.

MOSIP offers its participants aprofessionally managed portfoliowith competitive money marketrates. MOSIP stresses “safety ofprincipal” as the number oneobjective and is rated AAAm byStandard and Poor’s.

Sponsored by:Missouri School Boards Association • Missouri Association of School Business Officials

Missouri Association of School Administrators

Missouri Securities Investment Program

A Cash Management Program for School Districts, Municipalities

and Other Political Subdivisions

William T. Sullivan, Jr.Managing Director


Maria AltomareManaging Director


P.O. Box 11760 • Harrisburg, PA 17108-17601-877-MY-MOSIP

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 631461-800-891-7910

Registered Representatives

Administered by: PFM Asset Management LLC

4/ Upstream From Ordinary: Riverside Rolls Ahead by Meredith Hauck

8/ Use Tax Revenues: How Much Are States Not Collecting? by Mike Maciag

12/ Missouri Land Use Law by Mary B. Schultz

17/ Retirement: Strategies For Saving Smart by Mark Garapolo

18/ The Sky Didn't Fall: Jefferson City's Smokefree Ordinance After First Year by Stanley R. Cowan

22/ More Function At The Junction by Kristi Beattie

24/ Municipalities As Hybrid Entities Under HIPAA by C. Michael Bakewell

27/ GIS Helps City Of Trenton Map The Future Of Their Utilities by Katie Shepherd and Kate Bridges

30/ GFOA Certification Program by Joan Jadali

33/ Professional Directory

36/ News From The Bench

37/ Member Accomplishments

38/ Job Opportunities / Calendar of Events


I n 60 years since incorporation, R i v e r s i d e , a s u b u r b a n community of approximately 3,000 persons located minutes

from downtown Kansas City, has emerged from an unincorporated town, prone to Missouri River flooding, to one of the most promising and progressive cities in the state.

The transformation wasn’t quick, easy or inexpensive, and much remains to be done. But by most measures of community achievement, Riverside is well on its way.

Riverside has long been an attrac-tive location, and not just because of its proximity to downtown Kansas City. Tens of thousands (if not millions) of stone and bone artifacts within and around the community alongside the Mighty Mo provide evidence that the area was traversed and settled by Na-tive Americans. A stone memorial in Riverside’s Renner Brenner Park marks the site archaeologists have determined was a massive Native American village nearly 2,500 years ago.

Riverside also boasts a recent colorful history. In the first half of the 20th century, Riverside was noted for being the location of Kansas City Boss Tom Pendergast’s Riverside Park horse track. In the 1920s and 30s, Riverside was a key stop on the inter-urban railroad, an electric train that ran from Kansas City to St. Joseph, and reached speeds up to 70 mph – lightning fast for that era.

Formal incorporation eluded Riverside until 1951, when the growing community recognized its interconnect-edness through socializing, along with a need for fire and police protection. There was more; the neighboring city of Parkville had annexation ideas, and Kansas City was undertaking a con-certed effort to grow northward.

E.H. Young, founder of Riverside Red-X, a unique retail outlet still oper-ated by his heirs, called a meeting of civic leaders at a local restaurant. The group later met with Parkville officials who eventually agreed not to annex

toward Riverside, and also encouraged the Riverside group to keep the area from being annexed by Kansas City. A petition with 400 signatures was presented, and the Platte County Court issued the incorporation order on June 26, 1951. A census by the organizers counted 750 residents.

A CAsino And A Levee

Riverside began formal life with a number of challenges. Its business area was a hodgepodge of development, and the streets were inconsistent and criss-crossed the area. But the City also had valuable assets, not the least of which was the Missouri River. Yet, even that asset posed challenges, as evidenced by property-damaging floods in 1925, 1927, 1944 and 1951.

In the mid-1990s, Riverside wel-comed two notable developments that helped eliminate the flooding challenge and capitalize on the riverfront asset – a casino and a levee.

Flooding had been addressed as early as 1918 with formation of the Quindaro Bend Drainage District. The district was reorganized in 1970, but little was done until another flood in 1993 opened people’s minds not only to potential damage, but also to potential growth.

The L-385 Levee Project was initi-ated, culminating in a new $87-million levee completed in 2005. The Riverside-Quindaro Bend Levee protects approxi-mately 1,200 acres, including farmland and an area of the City bounded by Interstate 635. The area also has railroad access and is just minutes from down-town Kansas City.

In the meantime, Missouri voters approved riverboat casinos. The Argosy Casino opened in Riverside in 1994, and was the Kansas City area’s first ca-sino under the new state constitutional provision.

Within a year, Argosy paid mil-lions of dollars to Riverside’s once-weak budget. In 2005 alone, funding

UPSTREAM FROM ORDINARY: RIVERSIDE ROLLS AHEAD

by Meredith Hauck

Mayor Kathy Rose breaks ground at the Riverside Horizons Groundbreaking Ceremony in October 2011.


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from the Argosy added $11.7 million. Where city officials formerly worried about minor expenses, they now had enough funding to examine city im-provements on a comprehensive scale.

From the beginning, Riverside targeted one-time expenses such as street improvements and other capital expenditures. Dozens of neighborhoods received curbs, gutters and sidewalks.

The City also opened a new com-munity center with a swimming pool, meeting room and gymnasium in 1996. A new City Hall added to the City’s architectural beauty and provided much-needed space and modernization. A total reconstruction of the City’s main thoroughfare, Gateway Drive, created a major catalyst for commercial develop-ment in the City’s core.

MAster PLAn

With new casino revenue and levee flood protection, the City created a master plan for future city develop-ment. The planning process combined economic analysis, infrastructure as-sessments, financial planning and com-munity input. The goal of the master plan’s 25-year development strategy is to preserve Riverside’s core character-istics while improving the portions that detract from the community’s vision of a better future.

Five main achievement areas were identified: Enhance community ame-nities, protect community treasures, provide proper governance, improve Riverside’s image and appearance. Development areas’ priorities included:

• Downtown revitalization that seeks to establish downtown Riv-erside as the vibrant heart of the community.

• Facilitate infill and nurture a posi-tive civic image along the Upper Gateway development area, the main entryway to Riverside from the north.

• Coordinate development to create a mixed-use urban neighborhood in the south downtown develop-ment area, a corridor near and complementary to the downtown

revitalization area.• Residential growth, including the

28-acre Gatewoods subdivision with 73 new single-family homes and construction of 6.8 acres of commercial property; and Briar-cliff Hills on 30 acres with luxury homes.

oPen For Business

The Riverside-Quindaro Bend Levee did more than protect property where the City had grown. It instantly transformed vulnerable farmland in a

The Riverside Linear Trail winds through the bluffs overlooking the City’s main thoroughfare.


flood plain into highly desirable com-mercial and industrial development property within minutes of Kansas City’s Wheeler Downtown and Kansas City International airports, key rail-road lines and major interstates and highways.

To capitalize on the opportunity, the City declared itself “open for busi-ness” with Riverside Horizons, a 260-acre office and industrial innovation project at Interstate 635 and Missouri 9. In partnership with NorthPoint De-velopment, Riverside unveiled a plan calling for a park-like setting to be home for a projected 5,900 jobs over the next generation.

Developers project 2.6 million square feet of total building area to be constructed on the city-owned land over the next 20 years, with a total es-timated private investment in excess of $300 million.

Property that is passed by 75,000 vehicles each day will be transformed into an amenity-laden setting with water features, canals and lakes with adjoining pathways, trees, landscaping and public recreational opportunities. Initial ideas include a community am-phitheater and hiking and biking trails that will connect with and enhance the nearby Missouri Riverfront Trail.

Ground was broken and site work began in fall 2011, and construction on a speculative office building was initiated in early 2012.

Meanwhile, Riverside continues to grow and thrive, thanks to prudent and progressive leadership.

new City PArks And trAiLs

Starting with a $5,000 donation from E.H. Young, Riverside initiated a park system that capitalizes on the City’s unique riverfront location. City Park (later renamed Homestead Park) replaced duplex homes destroyed by a 1974 flood. Renner Brenner Park is alongside a Missouri tributary creek that runs through the heart of the City near the archeological site of the ancient Native American village.

The crown jewel of Riverside parks and the surrounding region is E.H. Young Riverfront Park. This stun-ning facility includes approximately 100 acres donated by Young and features an amphitheater, a ball diamond, ample parking and other amenities.

E.H. Young Park also includes a path that is part of the Missouri Riv-erfront Trail – a 3.5-mile, multi-use hiking and biking path that extends from E.H. Young Park to just west of English Landing Park in Parkville. Riv-erside maintains the trail. City officials collaborated with the Quindaro Bend Levee Board to make the trail the first in the Kansas City area to utilize the top of a levee for walking and biking.

AnnuAL events

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munity center resources, Riverside began building events to bring people together. The signature event is River-side Riverfest, the City’s fall festival.

The first festival was held on the American Revolution bicentennial year of 1976, and was deemed a success since 800 persons attended despite absence of advance publicity. Local residents made donations and hand built some of the carnival games and activity booths. Today, the Riverside Riverfest Develop-ment Corporation organizes the event, which is considered the City’s premier tourism event, drawing more than 8,000 persons annually.

The City also hosts several family-oriented community events, including: senior dances and lunches; citywide garage sales; public works clean-up days and recycling extravaganzas; an annual Easter egg hunt; Scottish Highland Games; a golf tournament benefitting the City’s Fire and Police Athletic League; National Night Out; Trunk or Treat; and year-end holiday lighting events.

City BeAutiFiCAtion And iMAge uPgrAde

Riverside’s original incorpora-tion as a fourth-class community did not permit code enforcement, but that didn’t stop activist neighbors from quietly encouraging businesses to clean up the City. The spirit continued after casino revenues added to city coffers and the master plan was developed.

A Pride and Progress Committee in the 1970s and 80s, characterized by founders as having something of the vigilante spirit, actively approached owners of dilapidated properties and offered to help clean up. The first proj-ect drew 200 volunteers, and on some Saturdays as many as 35 or 40 people would show up to help.

By the mid-2000s, the spirit carried over into infrastructure improvements. Working under master plan guidelines, Riverside set the tone for more mixed-use development, enhanced land- and streetscapes, pedestrian-friendly ame-nities and quality architecture.

The completion of the Welcome Plaza at the central city intersection of Vivion Road and Gateway Avenue pro-vided valuable open space, and ushered in a new era of redevelopment aimed at making downtown Riverside the heart and soul of the vibrant community.

Through a public/private partner-ship, landscaping with irrigation was


completed at the Missouri Riverfront Trail trailhead; trails were added on the bluffs overlooking the community; and a waterfall was installed near the City’s southern gateway.

With a healthy mix of new and existing homes, a highly-rated school district, ample open space, extensive walking/biking trails and no property, real estate or earnings taxes, Riverside put itself in a position for a residential and business boom.

do good

Consistent with the master plan directive to improve Riverside’s image, the City in 2010 undertook a branding initiative to extend the fresh, modern look created by infrastructure improve-ments.

Riverside adopted a brand and slogan, “Upstream From Ordinary.” Designed to capitalize on both the City’s location along the river and posi-tive, unprecedented community activ-ism, the logo, collateral material design elements and the slogan appeared on the City’s website, billboards, printed materials, stationery, newsletter, an-nual report and other documents.

The branding worked, as city em-ployees and residents alike embraced a new sense of civic pride and improve-ment. The success and community spirit was especially apparent in 2011, the 60th anniversary of Riverside’s incorporation.

The City established an anniver-sary theme called “Do Good.” Residents and businesses were invited to simply do something to help each other. True to the tradition of E.H. Young on parks and to the Pride and Progress Commit-tee on city beautification, “Do Good” encouraged the entire community to just do something for someone else to celebrate the City’s anniversary.

Everyone who shared what they’d done to “do good” in the community received a token of appreciation, with

special prizes and recognition for the good deeds that were the most creative and made the biggest impact.

In many respects, the “Do Good” campaign and “Upstream from Or-dinary” slogan speaks to success in Riverside – from the early days of incorporation to the completion of the Riverside-Quindaro Bend Levee.

But most Riverside residents, and many others in the Kansas City area and across the state, will tell you that

WaterWastewaterStormwaterHighwaysStreetsRoadsBridgesBridgesStructuralHealth CareMechanicalElectricalPlumbingFire Protection

the brand, business enthusiasm and vibrant civic pride are emblematic of even greater things to come.

Meredith Hauck is the director of communica-tions for the city of Riverside. For more informa-tion visit www.riversidemo.com.


S ta tes are now ta l ly ing an influx of income tax returns after the federal filing deadline passed a

few weeks ago. But some are also eyeing another largely untapped source of potential revenues – use tax collections.

Updated figures compiled in a Minnesota State House report shows just how rarely taxes on Internet trans-actions and other untaxed goods are collected. A mere 1.6 percent of taxpay-ers in surveyed states reported use tax on their 2009 income returns, amount-ing to totals that would hardly register on state budgets. Only California and New York reported use tax revenues exceeding $5 million.

A much larger portion goes uncol-lected as online retailers expand their reach and more taxpayers make out-of-state purchases. Consumers aware of the often-ignored tax must save all untaxed receipts to report accurate totals. This expectation, along with a lack of enforcement, leaves states with little recourse.

“It’s just a widespread structural crack in the foundation of the sales tax,” said Verenda Smith, deputy director of the Federation of Tax Administrators.

When consumers do not pay sales tax on Internet transactions or purchases made in other jurisdictions, they are liable for use taxes at the state sales tax rate plus any applicable local taxes. Internet retailers are not required to collect tax unless they maintain a physical presence in a state, and taxpay-ers seldom report it on their returns.

A prominent University of Ten-nessee study estimates state and local governments nationwide will lose at least $11.4 billion in potential use tax revenues from e-commerce sales for tax year 2012. When factoring in catalog, phone and all other untaxed transac-tions made across state lines, the total uncollected balloons to more than $23 billion, according to the Streamlined Sales Tax Governing Board.

States rarely pursue those who skirt use tax obligations. Instead,

they’re harnessing efforts in attempts to pass federal legislation mandating online and other remote sellers to col-lect sales tax.

Much of the lost revenue, Smith said, stems from taxpayers being oblivi-ous to use tax requirements.

To make it easier to report, 25 states include a use tax line item on individual income tax returns. Loui-siana, Massachusetts and Michigan all reported jumps in collections after recently adding the line item, according to the Minnesota report.

But even with increases in some states, total collections remain mini-mal. Information on income tax returns mostly serves to educate taxpayers and fulfill legal obligations, Smith said.

Moreover, awareness isn’t the only factor impeding states’ collections efforts.

“Even if you educate people and they fully understand it, they aren’t necessarily going to fully comply with it,” Smith said.

Low PArtiCiPAtion rAtes

States have grown accustomed to expecting paltry participation rates. In California, for example, only 0.3 percent of 2009 income tax returns reported use tax, with an average of $202 per return.

The state stands to lose an estimated $4.2 billion in uncollected revenue for tax year 2012.

Maine recorded the nation’s high-est participation rate for tax year 2009 (according to the Minnesota report), taking in use tax from 9.8 percent of income returns. The study did not in-clude data for 13 states imposing use tax that do not list a reporting line on income returns.

For most of the 1990s, Maine auto-matically assessed use tax for taxpayers that left the line item on their returns blank. Mike Allen, associate commis-sioner for tax policy for Maine Revenue Services, said this could explain the state’s higher participation rates, with more taxpayers aware of the tax. He also suggested many Mainers know that New Hampshire does not assess a sales tax when they make purchases across the border, so they’re more mindful of the issue.

Maine later launched a use tax am-nesty program in 2006 with an adver-tising campaign aimed at encouraging citizens to report use tax for previous years without incurring penalties or interest. The campaign netted more than $5 million in additional revenues, costing the state less than $200,000.

More recent state figures indicate Maine’s rate dipped slightly to 9.6 per-cent of returns for tax year 2010.

Neighboring Vermont reported the second highest 2009 participation rate at 7.9 percent.

Vermont, Maine and seven other states provide taxpayers with a lookup table to estimate how much use tax they owe based on income. The Minnesota study found participation rates in these states are typically higher.

When Vermont doubled sug-gested rates in 2010, the total collected climbed slightly, but participation rates dropped to 6.7 percent.

Susan Mesner, economist for the Vermont Department of Taxes, said the state benefits from a strong “buy local” culture. Still, many evade pay-ing the tax.

USE TAX REVENUES: HOW MUCH ARE STATES NOT COLLECTING?

by Mike Maciag


“I think use tax, despite the educa-tion that we try to do, is still a foreign concept to a lot of people,” Mesner said.

Streamlined Sales Tax and Univer-sity of Tennessee figures estimate Ver-mont and its localities will miss nearly $45 million in use tax revenue for 2012.

CALLs grow For nAtionAL soLution

Twenty-four states adopted mea-sures to modernize sales and use tax administration as part of the Stream-lined Sales and Use Tax Agreement. The effort’s governing board has supported federal legislation requiring remote retailers to collect tax.

Most states have historically not done a good enough job informing taxpayers about use tax, said Scott Pe-terson, the board’s executive director. Those making an effort to educate citi-zens tend to enjoy higher participation rates, he said.

Targeting use tax cheats is largely impractical. States would need to audit a taxpayer’s personal finances, and any use tax applied would likely generate meager revenues.

“I don’t hear states talking about aggressive use tax collection initia-tives,” Peterson said. “For the most part, they’re hoping and waiting for Congress to do something.”

But many states have put Ama-zon.com, the world’s largest online retailer, in the crosshairs.

Tennessee Gov. Bi l l Haslam signed a law earlier this year requiring the retail giant to collect sales tax for residents in 2014. The company recently began sending notices to Tennessee cus-tomers informing them of the use tax.

Nevada also reached a similar agreement with Amazon. Gov. Brian Sandoval’s administration estimates the deal would add $16 million to state coffers annually once the retailer starts collecting sales tax in 2014.

Amazon currently does not charge sales tax for Nevada and Tennessee residents, despite owning facilities in both states.

Yet taxes on only Amazon pur-chases pale in comparison to overall use taxes not collected for many untaxed business-to-business deals, phone or-ders and other transactions. Nevada,

for instance, is slated to lose a total es-timated $345 million for tax year 2012.

The Alabama Department of Revenue took a unique approach to the problem in 2010, sending letters to approximately 20,000 taxpayers who left use tax line items blank on their returns.

Taxpayer responses to the no-tices varied. State revenue officials told Governing the letters served primarily as an educational tool, and could not provide figures on additional use taxes collected.

The pilot program subsequently ended in early 2011.

Alabama Revenue Commissioner Julie Magee said the best solution can be found at the federal level. She and officials in other states argue the current system is unfair to many brick-and-mortar merchants, with the absence of a sales tax boosting online retailers’ profit margins.

“Everyone thinks it’s too big of a problem to be solved by any state,” Magee said.

Likewise, Alabama Gov. Robert Bentley recently pledged support for


the Marketplace Fairness Act, one of multiple proposed bills in Congress giving states the authority to require out-of-state merchants to collect sales tax from residents.

The likelihood of Congress pass-ing any legislation is unknown, though, and lawmakers could be less inclined to push through bills in an election year. Until then, revenues from many online and other untaxed transactions will continue to remain off limits.

Mike Maciag is data editor for Governing.

This article was printed with per-mission from http:/ /www.governing.com/blogs/by-the-numbers/state-use-tax-collection-revenues.html.

MISSOURI'S CITY USE TAX

WHAT ARE THE FACTS?

MuniCiPALities MAy enACt A use tAx

Sections 144.757.144.761 RSMo authorizes any incorporation city, town or village to impose a local use tax.

whAt is the LoCAL use tAx?

The local use tax is applied, in lieu of the local sales tax, on transactions that individuals and businesses conduct with out-of-state vendors, including catalog and direct market sales.

is this A FAir tAx?

Yes, the main purpose of the local use tax is to create a level playing field for your local retail businesses that must collect the city sales taxes. Currently, your local retailers are at a competitive disadvantage with out-of-state vendors who do not have to collect local sales taxes. The local use tax will fix this “loophole.”


City AdoPting A use tAx Must suBMit ordinAnCe to voters

The governing body of any city may adopt a local use tax ordinance. However, the proposal must be submitted to the voters of the city at either a city, county or state general, primary or special election and receive a majority of the votes cast on the proposal.

whAt use tAx rAte is Authorized?

The city may impose a use tax only at the same rate as its city sales tax rate. If the city’s sales tax rate is repealed, reduced or increased, by voter approval, then the city’s use tax rate is similarly repealed, reduced or increased.

whAt iF the City’s voters turn down the use tAx?

If the voters of the city do not authorize a local sales tax, the legislative body of the city may submit the sales tax proposal again at the later election. There is no limitation as to how many times the local sales tax proposal may be submitted to the electorate.

when does A City use tAx ordinAnCe tAke eFFeCt?

If the city voters approve the use tax, the tax becomes effective on the first day of the calendar quarter which begins at least 45 days after the Director of Revenue receives notice of adoption of the local use tax.

how is the tAx CoLLeCted?

If the out-of-state vendor has a facility in Missouri, the vendor will collect the local use tax, along with the state use tax, and remit both to the Missouri Department of Revenue (DOR). If the out-of-state vendor does not have a facility in Missouri, the purchaser must file a use tax return with DOR, but only if the individual or business has more than $2,000 in such purchases during the calendar year.

the stAte direCtor oF revenue CoLLeCts the tAx For the City

Under the law, the state director of revenue collects both the state and city use taxes. City taxes, less charges for collection, are sent back to the city imposing the tax. A city receives only the amount of tax imposed by it and collected from it. Thus, while the state is not sharing any of its revenues with a city imposing a local use tax, the state is providing its collection machinery, and no additional collection machinery or additional personnel will be required by the city in order for the city to receive a city use tax.

whAt does the stAte ChArge For the CoLLeCtion oF the City use tAx And how is the City tAx ACCounted For?

The director of revenue is required to deposit all city use taxes collected in a special city use tax trust fund, less one percent for the cost of collection. The one percent deducted, less the cost of premiums on surety bonds, is deposited in the state general revenue fund. The director of revenue of the state is to keep an accurate record of the amount of money collected from each city.

when is LoCAL City use tAx Money distriButed to the City?

The law provides that not later than the tenth day of each month the State Treasurer will distribute all moneys deposited in the city use tax trust fund during the preceding month to the city treasurer or to any other officer as may be designated by city ordinance of any city imposing the use tax.

whAt PurChAses Are exeMPt FroM the use tAx?

If an item is exempt from the state and local sales tax, it is also exempt from the state and local use tax, including raw materials and component parts used in manufacturing, machinery used in manufacturing, farm equipment, etc.

how MuCh wiLL My City reCeive FroM A LoCAL use tAx?

It is very difficult to estimate the revenue for a local use tax because it is based on the purchases made by individuals and businesses in your city from out-of-state vendors. There is no information available on such sales in prior years.

(Note: The MML also has prepared a model use tax election ordinance.)


Z o n i n g a n d l a n d u s e r e g u l a t i o n b y m u n i c i p a l i t i e s a r e authorized by statute in

Missouri by the Zoning Enabling Act, §§ 89.020 - 89.491, RSMo (Zoning and Planning). (Counties should refer to §§ 64.010 - 64.975, RSMo (County Planning, Zoning, Recreation, Natural Streams and Waterways)). Because zoning and land use regulation fundamentally conflict with individual property rights recognized and protected under our constitutions and the common law, the enabling statutes and ordinances adopted by local governments are generally strictly construed against the government and in favor of individual property owners. However, if prescribed procedures are fol lowed and the regulations bear a substantial relation to the public good or general welfare, courts are to defer to the legislative judgment of local governments.

By following the procedures in the enabling statutes, local governments may divide their jurisdiction into zon-ing districts, define categories of uses for those districts, and establish regula-tions or performance standards for those uses. Uses categories may be defined generally (e.g., residential, office, com-mercial, industrial), and specifically (e.g., residential districts might include single family dwellings, multifamily dwellings, churches, schools, certain recreational uses; commercial districts might include specific retail uses or use categories). Typically, local governments define uses that will be permitted in particular zon-ing districts, and state generally that if a use is not expressly permitted it is to be deemed prohibited. In addition, local governments often authorize “condi-tional” or “special” uses if certain special procedures are followed and conditions are satisfied. Such conditional or special uses include those uses, that a local gov-ernment concludes might be beneficial to the community but incompatible with permitted uses in the particular zoning district unless certain conditions are met. A conditional use permit, if granted, defines the conditions deemed neces-

sary to protect surrounding property owners while benefiting public interests in the conditional use. Finally, local governments will define performance standards for various uses in particular zoning districts. Such regulations include minimum lot sizes, setbacks from lot lines and streets, parking requirements, limitations on building mass (e.g., floor area ratios), density, and green space and landscaping requirements. More recently, there has been a move toward what are often referred to as “planned districts,” where the local government tailors its regulations or performance standards to a particular tract. Generally, such planned districts offer more flex-ibility to developers and greater control over development to governments. How-ever, a local government adopting such planned districts must clearly define the criteria for establishing the regulations for particular developments.

inverse CondeMnAtion: reAsonABLeness oF zoning As APPLied to PArtiCuLAr ProPerty

The purpose of zoning is to im-prove a community through land use planning and control of land develop-ment. The goal is to confine certain uses to designated areas without imposing undue burdens on individual property owners. The public interest in regulat-ing land development for the benefit of the community is balanced against the private interest in individual freedom to use property for whatever purposes desired. Zoning adversely affects individual property rights, limiting development of even those uses that are not intrinsically offensive or harm-ful. Nevertheless, zoning is generally recognized as a valid exercise of “police power” for the “general welfare” of the community, and property owners are not entitled to compensation or other relief from the impact of zoning on the use and enjoyment of their property.

When does a zoning regulation go too far? Particular zoning regulations may be deemed a “taking” requiring “just compensation” under the Fifth and Fourteenth Amendments to the

U.S. Constitution, or may be declared in-valid, where they go beyond the enabling statutory authority, in Missouri the Zon-ing Enabling Act, §§ 89.010, RSMo et seq. where they cannot be shown to promote the general welfare; where they exceed what is reasonably necessary to do so; or where they deprive the property owner of all beneficial use of his property. If a zoning regulation goes too far as it relates to particular property, the government may in some cases condemn the property under its power of eminent domain and pay “just compensation” to the affected property owner, or the property owner may file a lawsuit seeking to have the zoning declared invalid.

When zoning as applied to par-ticular property is challenged in court, the local government’s legislative judg-ment in applying a zoning classification to a particular parcel must be presumed valid. If the zoning of a particular parcel is “fairly debatable,” the courts must defer to the local government’s legisla-tive decision and uphold the zoning. In order to rebut the presumption favoring existing zoning, a property owner must show a private detriment which so out-weighs the public benefit derived from the zoning that the unreasonableness of the zoning is not even “fairly debat-able.” (See e.g., Hoffman v. City of Town and Country, 831 S.W.2d 223 (Mo.App. 1992); Elam v. City of St. Ann, 784 S.W.2d 330 (Mo.App. 1990)). Factors relevant to a determination of private detriment include the adaptability of the property to uses permitted by the existing zon-ing and the effect of existing zoning on property value. The property owner must prove the property cannot feasibly be developed for any uses permitted within the zoning district. This usually involves an economic analysis of the cost of developing the property for uses permitted by the existing zoning and of the market value of the property. It is not sufficient for the property owner to establish that the existing zoning does not allow for the “highest and best,” or a more commercially valuable use of the property. While local governments all too often become embroiled in a battle

MISSOURI LAND USE LAWOriginal Zoning: Missouri’s Zoning Enabling Act

by Mary B. Schultz


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among experts, such evidence of private detriment is best refuted by showing that surrounding or similar properties under the same zoning classification are being used.

“Four Corners” ruLe

In a reported opinion of the Mis-souri Court of Appeals for the Eastern District, what I have referred to as the “Four Corners Rule” was reaffirmed. City of Louisiana v. Branham, 969 S.W.2d 332 (Mo.App.E.D. 1998) (Branham case). The “Four Corners Rule” requires that a city’s zoning regulations and its ap-plication of zoning classifications to particular property, must fall within the “Four Corners” of the enabling legislation and the City’s own zoning regulations. A city must strictly adhere to both procedural and substantive re-quirements of the enabling legislation and its own zoning regulations.

Zoning and land use regulation by municipalities are authorized by statute in Missouri by the Zoning Enabling Act, §§ 89.020 - 89.491, RSMo (Zoning and Planning) (1994). (Counties should refer to §§ 64.010 - 64.975, RSMo (County Planning, Zoning, Recreation, Natural Streams and Waterways)). A city does not have inherent or intrinsic authority to regulate land use or to enact zoning regu-lations. A city’s sole source of authority in zoning matters and the full measure of its authority, is derived from the Zoning Enabling Act. City of Louisiana v. Branham, 969 S.W.2d 332, 336 (Mo.App.E.D. 1998); State ex rel. Casey’s General Stores, Inc. v. City of Louisiana, 734 S.W.2d 890, 895 (Mo.App.E.D. 1987).

If a city fails to follow procedures prescribed by the Zoning Enabling Act in enacting zoning regulations or apply-ing zoning classifications to particular property, those regulations or actions are deemed void ab initio, and cannot be en-forced. City of Louisiana v. Branham, 969 S.W.2d at 336 (“enactment of a zoning ordinance or the amendment of an exist-ing ordinance must … strictly comply with the statutorily prescribed notice and hearing requirements of §89.050 and §89.060, RSMo”). See also, Casey’s, 734 S.W.2d at 895; Monsanto Co. v. Cox, 791 S.W.2d 483, 486 (Mo.App.1990).

Municipalities derive their au-thority to establish land use regulations through the state’s police power dele-gated through enabling statutes. Where the enabling statutes are not complied with, the ordinance passed is invalidly enacted and cannot be enforced.

State ex rel. Casey’s General Stores, Inc. v. City of Louisiana, 734 S.W.2d 890, 895 (Mo.App.E.D. 1987) (internal cita-tions omitted); accord State ex rel. Holiday Park, Inc. v. City of Columbia, 479 S.W.2d 422, 423, 425 (Mo. 1972); McCarty v. City of Kansas City, 671 S.W.2d 790, 793 (Mo.App.W.D. 1984); O’Dwyer v. Monett, 123 Mo.App. 184, 100 S.W. 670 (1907).

Similarly, a city must follow the requirements and procedures of its own local zoning regulations; otherwise, its amendments and other zoning deci-

sions are invalid and unenforceable. Id.; see also, State v. Arnold, 149 S.W.2d 384, 387 (Mo.App. 1941); Temple Stephens Co. v. Westhaver, 776 S.W.2d 438, 441 (Mo.App.W.D. 1989); see Schweig v. City of St. Louis, 569 S.W.2d 215, 225 (Mo.App.E.D. 1978); 8A E. McQuillin Munici-pal Corporations § 25.253 (3d ed. 1986).

For example, in the Arnold case, the defendants failed to submit the proposed zoning amendments to the city planning commission for recom-mendation and report as required by



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ordinance and statute. State v. Arnold, 149 S.W.2d 384, 387 (Mo.App. 1941). The Missouri Court of Appeals held that the violation of the procedures required in the zoning ordinance and statute rendered the zoning changes void. State v. Arnold, 149 S.W.2d at 387; see also State ex rel. Kramer v. Schwartz, 82 S.W.2d 63, 336 Mo. 932 (Mo. 1935). In the Temple Stephens case, the Missouri Court of Appeals declared a rezoning invalid because the notice of the pro-posed rezoning did not comply with the requirements of the local zoning ordinance. Temple Stephens, 776 S.W.2d at 441.

The subject property in the Bra-nham case consisted of seven lots in the City’s “R-2, Mobile Home Dwell-ing District.” According to the zoning ordinance, permitted uses in the R-2 district were buildings, homes, or “mo-bile homes for dwelling purposes.” Al-though mobile homes were themselves permitted, “mobile home parks” were expressly prohibited. The Branhams purchased seven adjoining lots within the city of Louisiana, with the inten-tion of placing a mobile home on each of the seven lots. They initially placed a mobile home on one of the seven lots and they resided in that home. Later,

however, the Branhams conveyed one of their remaining six lots to Mrs. Hill, Mrs. Branham’s mother. Although Mrs. Hill’s initial request for a permit was initially denied, a permit was eventu-ally granted.

At the time the Branhams originally acquired their seven lots and when they conveyed one of the remaining six lots to Mrs. Hill, the zoning ordinance did not define a “mobile home park” or provide an express distinction between “mobile homes for dwelling purposes” and “mobile home parks.” A few months after the Branhams conveyed one of their lots to Mrs. Hill, the City purported to amend the zoning ordinance to provide a definition of a “mobile home-trailer park.” No public hearing was held on that amendment to the zoning ordinance.

Approximately four months after the City adopted the definition of a “mobile home-trailer park,” the Branhams applied for a building permit to place a mobile home on one of their remaining five lots. The City denied the permit, and the Branhams’ appeal to the Board of Adjustment was denied. A few months later, the Branhams placed a doublewide mobile home on two other lots, without seeking a permit.

The City filed an action seeking an injunction and a declaratory judgment that the Branhams were in violation of the City’s zoning ordinance prohibiting “mobile home-trailer parks” in the R-2 zoning district. The Branhams coun-terclaimed seeking a declaratory judg-ment that they were entitled to place a mobile home on each of their lots. The trial court held that the Branhams could place a single mobile home on any one of their six lots, but that any additional mobile homes on their remaining lots would constitute a “mobile home-trailer park” prohibited by the City’s zoning ordinance. On appeal, the court of ap-peals reversed the trial court.

The court of appeals concluded that the City’s amendment to the zon-ing ordinance to provide a definition of a “mobile home-trailer park” was invalid because it was not enacted in accordance with the procedural requirements, including notice and a public hearing, required by the Zoning Enabling Act. The court of appeals re-jected the City’s attempt to distinguish its new definition of a “mobile home-trailer park” from a “zoning amend-ment.” Id. at 337. The court reasoned that by adding a definition of a “mobile home-trailer park,” the City affected


permitted uses in a direct and substan-tive way. Id. The court of appeals then attempted to determine whether a mo-bile home on each of the Branhams’ six lots would constitute a “mobile home park” within a meaning of that term provided by statutory construction. The court concluded the term “mobile home park,” absent a definition, would not include the relatively small number of lots and mobile homes proposed by the Branhams. The court applied another rule of statutory construction applied to zoning regulations. If a zoning ordi-nance is susceptible of more than one interpretation, the court will apply that interpretation which is least restrictive upon the rights of the property owner to use his land as he wishes. Branham, 969 S.W.2d at 338; Cunningham v. Board of Aldermen of Overland, 691 S.W.2d 464, 469 (Mo.App.E.D. 1985); Coots v. J.A. Tobin Construction Co., 634 S.W.2d 249, 251-253 (Mo.App.W.D. 1982).

“tug oF wAr” Between PrediCtABiLity And FLexiBiLity in LAnd use ControLs

Missouri cities have all struggled, and will likely continue to struggle with alternatives for managing growth, protecting natural resources, preserv-ing or revitalizing existing neighbor-hoods, assuring proper development of new communities, and providing infrastructure and other support for our expanding metropolitan area. Land use development regulations have grown increasingly complex, attempting to balance the desire for precise rules with predictable results and the recogni-tion that “cookie cutter” development regulations often do not provide for suf-ficient flexibility or creativity in meeting specific development challenges.

“Black letter” rules are efficient, predictable and relatively easy to ad-minister. Rules afford clear directions to guide development staff and officials, property owners and developers. On the other hand, they can impair the ability of developers to address physi-cal limitations or economic imperatives, and limit the flexibility or latitude of local zoning authorities in regulating land use and development on particular tracts of land.

It is now generally accepted that there should be a healthy amount of pragmatic judgment in making land use decisions. However, if “discretion” is delegated to administrative officials or staff without sufficient standards to guide decisions, the discretion could be

abused. Local zoning authorities must therefore undertake to strike the proper balance in their zoning and other land use controls between rules that are pre-cise and predictable, and standards that are flexible and allow for the application of discretion and judgment.

In order to allow for the exercise of discretion that is not arbitrary and capricious decisions (or does not result in unnecessary lawsuits alleging arbi-trary and capricious decisions), zoning and other land use regulations should provide for substantive and procedural choices that are guided by discernible standards that can be applied to par-ticular developments and decisions. By creating and applying standards to manage or control land use and devel-opment, a local zoning authority may prescribe a pragmatic approach to land use and development. Standards may be applied and requirements tailored to specific land uses, site characteristics, adjoining uses and the community. Because standards lack the precision of “black letter” rules, the process of making land use and development de-cisions, and the record supporting that process is of great importance. It is not sufficient that decisions based upon standards be reasonable; they must ap-pear reasonable “on the record.”

In developing zoning and other land use or development regulations or codes, local zoning authorities should determine whether a “black letter” rule or standards that would allow for discretion by officials or staff be appro-priate for particular provisions. Some regulations should be clear, precise and predictable. For example, the provisions relating to what permits are required and procedures for applying and pro-cessing applications for those permits should be rules. Depending on the type of permit, the requirements for a partic-ular development might be determined by application of standards that should be enumerated in the regulations. For example, requirements for particular “planned” developments could be based on a variety of standards, like compatibility with topographical and other unique characteristics or condi-tions of the site or adjoining property, natural resources, adjoining uses, the development character of the area, and other matters that affect site and community land use planning, such as circulation of traffic, parking, density, building footprints, and visual com-patibility with or buffering between adjoining uses.

I do not recommend that local zoning authorities rely on or encourage “variance” procedures whether granted by the board of zoning adjustment, the planning commission, or some other body to provide for flexibility. The legal tests for determining whether or not to grant a “variance” from strict applica-tion of a zoning ordinance are statutory. A variance from the zoning ordinance may be granted only upon a showing “on the record” of “practical difficulties or unnecessary hardship.” A variance from subdivision or other land use regulations may be granted on a similar showing of hardship. When hearing and considering evidence presented at a public hearing on an application for a variance, the board of adjustment or other board performs a “quasi-judicial” function. The board simply determines whether “the record” sufficiently sup-ports a finding of hardship that would warrant a variance. When the board is determining whether or not to grant a variance, it is exercising discretion in weighing the evidence and determining whether the record supports a finding of hardship. However, it is not perform-ing a planning function.

Another way for a local zoning authority to regulate land development without unduly stifling creativity or flexibility is to prescribe in the regula-tions the result or performance require-ment without dictating the means to achieve that result. For example, storm-water and erosion control regulations might restrict the rate of stormwater runoff to a specified volume per sec-ond, but not dictate whether the runoff would be restricted by limitations on impervious surfaces, on-site deten-tion or some combination of methods. Such standards provide for flexibility provided there is compliance with the performance standard or requirement.

Land use regulations should reflect a local zoning authority’s con-scious balance between predictable rules and flexible standards.

Mary B. Schultz is a partner in the law firm of Schultz &Associates LLP, www.sl-lawyers.com, 640 Cepi Dr., Suite A; Chesterfield (St. Louis), MO 63005, 636-537-4645. Mary graduated from Northwestern University Law School more than 25 years ago, in 1985, and has been practicing primarily in Missouri ever since. Mary is admitted to practice law in Missouri and Illinois.


T oday’s retirement savings options mean that public employees must take an active role in planning

and saving for their retirement. And building a secure retirement takes strategy. It is prudent to have your employer’s retirement savings plan, as well as an IRA, play a role in your strategy. Let’s look at how you can put these and other important strategies to work for you.

MAke the Most oF tAx-deFerred sAvings

Tax-deferred compensa-tion plan contributions can mean an up-front tax break. For example, your contribu-tions to your employer’s 457 deferred compensation plan are made pre-tax, lowering your taxable income. You can invest up to $17,000 pre-tax per year into a 457 or 401 plan, plus another $5,500 if you’re 50 or older – maybe more if you’re within three years of retirement and contributing the maximum amount to your plan.

stArt sAving eArLy

Often when a young employee enters the work-force, retirement is the last thing he or she is focused on; but it is the best time to start saving for this milestone. Through the magic of compounding, your investment earns interest and may accumulate over time. Given enough time, even small investments may grow, allowing you to accumulate assets.

deterMine your risk toLerAnCe Spreading your money among

different types of investments — stock funds, bond funds and cash — helps minimize risk. This is known as your as-set allocation and it should match your risk tolerance and investing time frame.

Young investors may want to start with more of their retirement savings in stock funds, which can be more volatile over the short term but have historically higher returns over the long run. But as investors get closer to retirement, they may shift more money to bond funds and cash equivalents, such as money-market or stable value investments that have less volatility but historically lower returns. Of course, with invest-ing, a general rule to remember is that past performance is no guarantee of future results.

diversiFy your investMents It’s important to diversify the

stock portion of your portfolio in funds that invest in different types of com-panies — with some money in mutual funds that focus on large companies, for example, and some that specialize in small companies, and some that focus on growth and others on value — be-cause you don’t know which type of investment will perform best from year to year. Still, it’s important to remember that diversification does not protect an investor from market risks and does not assure a profit.

RETIREMENT: STRATEGIES FOR SAVING SMART

by Mark Garapolo

siMPLiFy your FinAnCes You can sign up to have money

invested automatically in an IRA every month that can make saving easy. If you were to automatically invest into a Roth IRA every month, $416 monthly would get you to the $5,000 maximum for the year.

The key to choosing the invest-ment strategy that is right for you starts with looking at your personal goals and your personal circumstance. Many factors can go into the strategy you choose including your age, your investment time horizon, retirement

income requirements, and your tolerance for risk. Se-lect a strategy you believe will work best for you and help you save for a secure retirement. Mark Garapolo is territory man-ager for ICMA-RC’s Midwest Ter-ritory. Founded in 1972, ICMA-RC is a non-profit independent finan-cial services corporation focused on providing retirement plans and related services for more than a million public sector participant ac-counts and approximately 9,000 retirement plans. Our mission is to help build retirement security for public employees. We deliver on our mission by focusing on ser-vice, quality and value. For more information, visit www.icmarc.org.

This article is intended for educa-tional purposes only and is not to be con-strued or relied upon as investment advice. ICMA-RC does not offer specific tax or legal advice and shall not have any liability for any consequences that arise from reliance on this material. It is recommended that you consult with your personal financial adviser prior to implementing any new tax or retirement strategy. ICMA Retirement Corporation, 777 North Capitol Street, N.E., Washington, D.C. 20002-4240; 1-800-669-7400; www.icmarc.org. AC: 0612-5765


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was classified in 1992 by the U.S. Environmental Protection Agency (EPA) as a cause of cancer in humans. Exposure to secondhand smoke is responsible for an estimated 35,000 deaths per year from heart disease and lung cancer in nonsmokers.1,2 The U.S. Surgeon General issued reports in 1984, 2006 and 2010 with increasing scientific proof of secondhand smoke as a cause for stroke, emphysema, bronchitis, asthma, respiratory infections, Sudden Infant Death Syndrome and other illnesses. The Surgeon General also concluded there is no safe level of exposure to secondhand smoke.3,4,5

Neither separate smoking and no-smoking sections nor air filtration, cleaning and ventilation systems have proven effective in protecting non-smokers from secondhand smoke.6 Re-search by ventilation experts and health authorities agreed that smokefree policies are the only reliable method for eliminating secondhand smoke ex-posure in public places and workplaces.

In November of 2010, Jefferson City voters passed an ordinance for indoor areas of nearly all public places and workplaces to be smokefree effec-tive January 31, 2011.

Opponents said the ordinance would be difficult to enforce and hospi-tality businesses would suffer economic harm. Proponents cited unhealthy air quality in public places and workplaces where smoking was permitted. With a one year’s worth of post-ordinance

data now available, these concerns can be reviewed.

CoMPLiAnCe

The city ordinance names the city administrator or authorized designee as the enforcement authority and further requires:• Notice of ordinance provisions be

provided to all business license applicants.

• Business owners shall conspicu-ously post no-smoking signs at entrances

• Business owners or employees observing persons violating the ordinance shall inform them of the ordinance.Additionally, city employees

conducting routine inspections of busi-nesses are to also check for compliance with the smokefree ordinance.

Finally, citizens may submit com-plaints of violations of the ordinance.

The local smokefree coalition provided city officials with educational brochures and static cling no-smoking signs at no cost to the City, which the city government then provided to each business licensee. To enhance compli-ance, the signs included a telephone number to report violations.

City clerk records show only six reported complaints of possible ordi-nance violations.

City officials notified owners by letter of complaints of smoking and that an investigation may be made if future complaints are received. Own-ers in violation not only risk a fine, but also suspension of their liquor and/or business licenses.

Two bar owners who received let-ters claimed they thought they were ex-empt under a tobacco retail store provi-sion because they sold cigarettes. Both bar owners promised compliance. This action was reported in the local news-paper, which not only informed the public, but also other business owners that the ordinance would be enforced.7 No further incidents were noted in the final six months of the first year.

Only one incident has been noted thus far in the second year, in February 2012, police responded to reports of a fight at one of the bars that previously received a notice from the City’s Liquor Control Board. Police officers observed smoking during their investigation and this violation was one factor in the City Liquor Control Board’s decision to suspend this business’ liquor license for 15 days.8

Visits to public places to collect air quality data after the ordinance was in

THE SKY DIDN’T FALLJefferson City’s Smokefree Ordinance After First Year

by Stanley R. Cowan


effect noted ashtrays had been removed and no one was observed smoking. This indicated general compliance with the ordinance.9

Air QuALity

Indoor air quality for fine particu-late matter of 2.5 microns or smaller (PM2.5) was measured in public places before and after the implementation of the smokefree ordinance. PM2.5 is a primary pollutant monitored by the Environmental Protection Agency (EPA) in determining overall air pol-lution. The EPA developed an Air Quality Index with levels ranging from “good” to “hazardous” depending on the concentration of PM2.5 per cubic meter (mg/m3).

Monitoring for PM2.5 occurred for 13 public places in Jefferson City in May and June of 2009 before the city smokefree ordinance was in place; and in May of 2011 for the same 13 public places after the City’s ordinance was in effect. Eleven places previously al-lowed smoking while two originally had smokefree policies. Details are provided in Figure 1.

The two places that did not allow smoking previous to the ordinance av-eraged 7 mg/m3 (EPA rating “good”) before the ordinance was in effect and 4 mg/m3 (EPA rating “good”) afterward.

The 11 public places that allowed smoking previous to the ordinance averaged 111 mg/m3 (EPA rating “unhealthy”) beforehand and 8 mg/m3 (EPA rating “good”) afterward, an 88 percent reduction of this pollutant.

Prior to the ordinance, the level

PM2.5 in places that allowed smoking was almost 16 times higher than in those that were smokefree. After the ordinance, PM2.5 levels in places that previously allowed smoking were in the same EPA rating level of “good” as for those places that were already smokefree.

Fulltime employees at one of the public places that allowed smok-ing were exposed to 170 percent the EPA’s average annual daily limit for this pollutant. After the ordinance, the exposure dropped to only 11 percent the EPA limit.

restAurAnt And BAr Business

Despite evidence of harmful health effects of secondhand smoke on customers and employees, an overrid-ing concern among some people was a feared negative economic impact that a smoke-free ordinance may have on hospitality businesses.

A growing body of studies spe-cific to Missouri cities with smokefree ordinances confirms findings of previ-ous studies for communities elsewhere in the nation and the world. Studies specific to Missouri communities in-clude Kansas City10, Kirksville11, Lee’s Summit12 and Maryville13. A recently published study of 11 Missouri cities with smokefree ordinances in place for at least two years determined no eco-nomic harm in three cities and economic gain in the other eight cities.14

Missouri Department of Revenue data allows review of five years of pre-ordinance taxable sales to discern trends and one complete year of post-ordinance sales to account for season-

ality. T a b l e 1

(page 20) com -p a r e s t a x a b l e sales; number of restaurants and bars; and total re-tail sales for both Jefferson City and Missouri for the five years before t h e s m o k e f r e e ordinance went into effect (2006-2010) and the first year af terward (2011).15 Total re-tail sales provide an indicator of overall economic trend for the city.

Total retail sales data show the City’s overall economy increased in 2006 and 2007, but in 2008 experienced an 8.1 percent decrease from the previ-ous year. Subsequent years showed steady recovery, though not to the levels seen in 2006 and 2007.

Meanwhile, taxable sales for res-taurants and bars maintained steady increases each year and did not ex-perience the drop seen in the City’s total retail sales decline for 2008. This steady increase for restaurants and bars remained true for the first year of the smokefree ordinance with a 2.1 percent increase in taxable sales. This percentage increase outpaced the City’s overall retail taxable sales growth of 1.6 percent.

Despite fears the ordinance may lead to restaurants and bars going out of business, this business sector experi-enced a greater increase in number and percent of businesses in the first year of the ordinance than any of the previous five years. The nine additional restau-rants and bars (7.8 percent increase) in 2011 was more than double that of 2008, the year of the next highest increase in number and percent.

Bingo

Bingo licensees are another cat-egory where operators often voice fear of reduced revenue due to a smokefree ordinance.

Comparing Jefferson City bingo charitable donations for 2011, the first year of the smokefree ordinance, to that of 2010 shows a near doubling of charitable donations from $77,194 to $153,517. During the same period, Mis-souri's charitable donations decreased 3.1 percent.

Another consideration for bingo operations is air quality. A bingo hall monitored in the air quality study showed a pre-ordinance measure of 121 g/m3 (EPA rating “unhealthy”) and a post-ordinance measure of 20 mg/m3 (EPA rating “moderate”), an 83 percent reduction.

Anecdotal information from vol-unteers at the bingo hall told of in-creases in number of players, food sales and beer sales. They also described previous difficulty getting enough vol-unteers to help with the games because of the smoke, but an ample supply of volunteers after the hall was smokefree.

Clean up after games was also easier. Previously, tables were not cleaned in order to prevent smoldering


cigarette butts from being inadvertently swept into trash which could later start a fire. This caused volunteers to make an extra trip the next morning to clean the hall. Stale cigarette odor lingering overnight permeated the hall, a cause of complaints from other parties renting the hall for other functions. After the ordinance went into effect, volunteers can quickly clean tables and remove trash when games are over and return trips the next day were eliminated. suMMAry

The Jefferson City ordinance for smokefree public places and workplac-es did not create problems in enforce-ment, did not cause overall economic harm to restaurants and bars, and did not cause reduction in bingo charitable donations.

Air quality in public places and workplaces that previously allowed smoking improved from “unhealthy” to “good;” and thus, improved community public health by reducing exposure to a known cause of heart disease, cancer, stroke, asthma, emphysema, bronchitis and other diseases.

Stanley R. Cowan, MPA, is a research aide at the Department of Family & Community Medi-cine in the School of Medicine at the University of Missouri-Columbia. He may be contacted at [email protected].

(Endnotes)1 How Tobacco Smoke Causes

Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General, U.S. Department of Health and Human Ser-vices. 2010.

2 U.S. Environmental Protection Agency. Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders, 1992.

3 The Health Consequences of Involuntary Smoking: A Report of the Surgeon General, U.S. Department of Health and Human Services. 1986.

4 The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon Gen-eral, U.S. Dept of Health & Human Services, Centers for Disease Control & Prevention, 2006.

5 How Tobacco Smoke Causes Disease – The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General, U.S. Dept of Health & Human Services, Cen-ters for Disease Control & Prevention, 2010.

6 Environmental Tobacco Smoke Position Document, American Society for Heating, Refrigerating and Air Con-ditioning Engineers, Inc., June 30, 2005 and June 25, 2008 http://www.ashrae.org/docLib/20090120_POS_ETS.pdf.

7 Haldiman, Jeff, “Two bars warned for violating smoking ban”, Jefferson City News Tribune, March 26, 2011.

8 Leroux, Madeleine, “City to suspend license for Chick’s Tap Room”, Jefferson City News Tribune, February 8, 2012.

9 Cowan, Stanley R, RS, “Jeffer-son City Air Quality Monitoring Study” University of Missouri – Columbia, School of Medicine, Department of Family & Community Medicine, June, 2011.

10 Tauras, John A, PhD, and Cha-loupka, Frank J, PhD, “The Economic Impact of the 2008 Kansas City Missouri Smoke-Free Ordinance” Health Care Foundation of Greater Kansas City, December, 2010.

11 Cox, Carol, PhD, et.al., “Eco-nomic Impact of a Smoke-Free Ordi-nance on Bars and Restaurants in a

Small, Rural Missouri Community” Missouri Medicine, Jan-Feb, 2012.

12 Quigley, Sharon, “Assessing the Impacts of the Citywide Smoking Ban in Lee’s Summit, Missouri” City of Lee’s Summit, September 8, 2009.

13 Cowan, Stanley R., RS, et.al., “Impact of Smokefree Restaurant Ordi-nance on Revenues for Maryville, Mis-souri” Missouri Department of Health & Senior Services, November 29, 2004.

14 Kayani, Noaman, PhD, et.al., “Economic Effect of Smoke-free Or-dinances on 11 Missouri Cities”, Pre-venting Chronic Disease, Centers for Disease Control and Prevention, Vol. 9, 2012:11_0277, June 2012, DOI: http://dx.doi.org/10.5888/pcd9.11027.

15 Data extracted from http://dorx.mo.gov/publicreports/ Accessed May 30, 2012.

Restaurant/Bar Total Retail Percent Change From Previous Year

Year Tax Amount Number of Businesses Tax Amount

Restaurant/Bar Tax Amount

Number of Businesses

Total Retail Tax

2011 $102,747,541 132 $972,091,287 2.1% 7.8% 1.6%2010 $100,599,959 123 $956,868,588 3.2% 2.3% 1.3%2009 $97,447,004 120 $944,254,418 2.0% 2.8% 2.7%2008 $95,549,033 117 $919,821,485 3.1% 3.6% -8.1%2007 $92,686,541 113 $1,000,937,923 5.7% 1.4% 2.4%2006 $87,727,622 111 $977,911,263 3.4% 2.8% 3.5%

Table 1


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CCOOVVEERRAAGGEE::WWoorrkkeerrss’’ CCoommppeennssaattiioonnPPrrooppeerrttyyGGeenneerraall LLiiaabbiilliittyyPPuubblliicc OOffffiicciiaallss LLiiaabbiilliittyyEEmmppllooyymmeenntt PPrraaccttiicceess LLiiaabbiilliittyyLLaaww EEnnffoorrcceemmeenntt LLiiaabbiilliittyyAAuuttoommoobbiilleeBBooiilleerr && MMaacchhiinneerryyAAiirrppoorrtt

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H ow does a community spark a downtown revival, provide much n e e d e d g a t h e r i n g

space, expand city programs, and promote health and wellness – all on a very limited budget? One method is through “fusion.”

The award-winning Carl Junction Communi ty Center (“Amer ican Institute of Architects 2012 Public Recognit ion Award”) embodies a combination of different organizations working together to develop a multi-use structure that serves the growing needs of the community. This new 24,000-square-foot building, located in a bedroom community on the outskirts of Joplin, whole-heartedly exemplifies the emerging design paradigm known as a “Fusion-Facility.” As defined by Mills & Medici (2012), “fusion facilities bring together two or more programs previously housed in separate buildings into a single location.” This new facility configuration offers multiple benefits including new revenue sources, creative funding options, and lower initial construction costs.1 It not only integrates diverse interest groups, but is easily adaptable to accommodate future expansion and demonstrates sustainability and energy efficiency.

The property procured by the city of Carl Junction for the new community center was once a railroad spur line and industrial park. In 2003, a tornado tore through Carl Junction,

destroying several structures, including the industrial buildings in this area. Following the cleanup, the site was converted to a makeshift baseball field built up with uncompacted fill dirt and debris.

The city of Carl Junction opted to build their new community center on this industrialized piece of property in order to address some of the issues that have plagued this site and those surrounding it, as well as take advantage of its location. A major benefit to the site was its connection to Main Street. It was important to the community that the new facility would help promote the revitalization of Main Street and create an impetus for the downtown revitalization efforts.

Because of the combined efforts of this small community of 7,500, the facility has become greater than the sum of its parts. The City was able to partner with the senior center and pool their resources to accomplish much more than they would have been able to do separately. Through a combination of integrated interests and needs, they were able to share spaces that would otherwise be unoccupied during much of the day if each organization were to build a separate facility. Therefore, the community center could be enhanced with amenities instead of burdened with excessive, low-use square footage.

Housed within the building is a series of overlapping programmatic elements: senior center, dining hall,

City Hall and council chambers, record storage, recreation and fitness, event space, media center, indoor and outdoor classrooms and youth lounge. The main lobby acts as a bonus gathering space, as well as a central control point to all of the activity spaces. It was designed to allow for plenty of display space and to house a replica of a prehistoric mammoth skeleton that celebrates the community’s rich and intriguing history. Visibility to each space is important for supervision and creates a vigorous sense of action within the building.

The organizational layout was adopted from the grid-pattern of the town as it was bisected by the angled railroad line. All of the major activity centers are organized around the lobby and are designed with flexibility in mind. The senior center is occupied until the afternoon, at that point it becomes a rentable venue for evening activities, adult continuing education, or after-school programs. Community rooms can be expanded into the senior center for large events. Within the gymnasium, athletic rubberized flooring - in lieu of the traditional wood flooring - allows for a variety of functions from tournaments to tradeshows without compromising the flooring material or the playability of the surface.

The fusing of activit ies goes beyond mere function. The facility’s interior materials are utilized to express the interweaving of uses and promote

MORE FUNCTION AT THE JUNCTIONBy Kristi Beattie


a user-friendly approach. The flooring patterns provide interest and flow to demonstrate the connectivity of all spaces within the building. Frosted glass was util ized on west-facing walls and at the clerestories to provide an abundance of natural light while diminishing possible glare – intolerable to senior citizens. The frosted clerestory glass emits light like a glowing beacon during evening events. Bright colors draw the eye through the interior storefronts and into the spaces beyond. The storefront glass enhances the idea of connectivity and activity while providing an acoustical separation.

Because of the community center’s significance to the city of Carl Junction, it was important to provide durable, low-maintenance materials that could identify with the City’s history and endure for many years. The exterior materials consist of precast concrete, brick, cedar siding and standing seam metal panels. The brick and standing seam metal panels relate to the adjacent police station and fire station, as well as the historical zinc mines upon which the community was founded. However, the cedar siding was selected as a durable, yet unique material, to create a sense of hierarchy amongst the civic buildings.

As a publicly funded facility, open typically 16 hours a day, it was critical that the building have low operating costs. Energy-conservation measures included: utilizing regional materials; the installation of a ground-source heat pump system; super-insulating the exterior building envelope; capturing

dayl ight and views; us ing high-efficiency lighting and occupancy sensors; low-flow plumbing fixtures; and a roof sloped appropriately for future installation of solar panels. Due to its energy saving strategies, the City has a much lower operating cost compared to a traditionally constructed building.

This award-winning building now terminates the vista from Main Street and has become the focal point for the future Civic Campus. Since its opening, the community center has become a fusion-facility in its truest sense. It is a bustling, synergetic activity center full of students, adults and senior citizens throughout the day. Demand for gym time is encouraging the City to explore future expansion options. Fitness memberships continue to grow. Senior citizens have begun operating a volunteer-staffed lending library from the senior center. The chamber of commerce has currently taken up residence in the spare spaces slated for

future growth. And finally, “Claudia,” the prehistoric mammoth, has found a home within the display space in the main lobby.

Kristi Beattie, AIA, LEED AP, is a licensed proj-ect architect at Sapp Design Associates. She holds a Bachelor of Architecture degree and a Bachelor of Arts degree from Drury Univer-sity. Kristi focuses on community centers, city halls, recreation centers and police stations. (Endnotes)

1 Mills, David & Medici, Michael. “Fusion Facil i t ies: Eight reasons to consolidate multiple functions under one roof.” Building Design & Construction. www.bdcnetwork.com. July 25, 2012.

Photo Credit: Gayle Babcock, Architectural Imageworks.


risks oF hiPAA nonCoMPLiAnCe By “Covered entity” MuniCiPALities

A municipality that qualifies as a “covered entity” under the Health In-surance Portability and Accountability Act of 1996 (HIPAA)1 must comply with the requirements of HIPAA for the protection of protected health informa-tion (PHI).2

For municipalities, two possible functions may make the governmental entity a HIPAA “covered entity”: (1) a health plan3 and/or (2) a health care provider that electronically transmits health information in connection with a HIPAA transaction.4

If a municipality or other govern-mental entity performs “covered entity” functions, then it is beyond debate that the governmental entity should comply with the HIPAA Privacy Rule and the HIPAA Security Rule.5 The penalties for noncompliance can be significant. For instance, in July 2011, the Health System of the University of California in Los Angeles resolved a HIPAA investigation with the United States Department of Health and Hu-man Services (HHS) by agreeing to pay $865,500.00 for alleged employee violations of HIPAA.6 Similarly, in March 2012, Blue Cross & Blue Shield of Tennessee agreed to pay $1.5 million to settle potential violations of the HIPAA Privacy and Security Rules;7 and in June 2012, the Alaska Department of Health and Social Services agreed to pay $1.7 million for its alleged failure to have adequate policies and procedures in place to safeguard electronic PHI.8

Adding to the legal hurdles that a “covered entity” must address, in early

2009, Congress passed and the Presi-dent signed the Health Information Technology for Economic and Clinical Health Act (HITECH Act) that en-acted a number of changes to HIPAA.9

Among other changes, the HITECH Act increased the fines for noncompliance or violations of HIPAA occurring after Feb. 18, 2009.10 In Oct., 2009, the secre-tary of HHS issued its final interim rule for HIPAA enforcement and civil fines in accordance with the HITECH Act.11 Under this Interim Final Enforcement Rule, the amount of the civil penalties is based on the degree of a “covered entity’s” culpability, and has a dollar limit on identical violations occurring within a calendar year. The yearly limit, however, only applies to identical vio-lations of the same HIPAA provision. The chart below, taken from the Interim Final Enforcement Rule, summarizes the increased civil penalties.12

Of concern to a non-compliant municipality should be the announce-

ment by the Office for Civil Rights of the U.S. Department of Health and Hu-man Services in November 2011, that it was commencing random compliance audits of covered entities as required by the HITECH Act.14 The pilot audit program will perform 115 audits of “covered entities” within one year to as-sess privacy and security compliance.15 The HHS website provides information about who may be audited (every cov-ered entity and business associate is eligible for an audit) and how the audit program will work.16 Recently, the Of-fice for Civil Rights of HHS released its audit protocol. The audit protocol contains the requirements that audi-tors will review and assess in the audit process to analyze processes, controls, policies and procedures a “covered entity” has in place for HIPAA compli-ance.17 The audit protocol contains 77 performance criteria for Security Rule compliance and 88 performance criteria for Privacy Rule and breach notification requirements.18

MUNICIPALITIES AS HYBRID ENTITIES UNDER HIPAA

by C. Michael Bakewell

In an age when people can share information with mass audiences in an instant, privacy can be challenging to protect. While this applies to many fields, healthcare is a top concern for the protection of confidential records. This article addresses the expectation of municipalities to comply with HIPAA requirements and ways to

protect the health information of citizens without undue burden to local government services.

Culpability for Violation

Per Violation Maximum for Identi-cal Violation of same HIPAA provision per

calendar yearDid not know $100 up to $50,000 $1,500,000Reasonable Cause $1,000 up to $50,000 $1,500,000Willful Neglect— corrected in timely manner

$10,000 up to $50,000 $1,500,000

Willful Neglect13 —not corrected

$50,000 $1,500,000

Civil Penalties for HiPaa violations By Covered entities and Business assoCiates


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HHS is serious about HIPAA compliance by “covered entities.” For instance, the director of the Office for Civil Rights (OCR) has stated, as part of several HIPAA violation settlements, “We hope that health care providers … understand that the HIPAA Privacy and Security Rules have been in place for many years, and OCR expects full com-pliance no matter the size of a covered entity.”19 “[W]e expect organizations to comply with their obligations under those rules regardless of whether they are private or public entities.”20

To avoid costly penalties for non-compliance, a municipality perform-ing “covered entity” functions should thoroughly assess existing policies and procedures and use the OCR’s audit protocols as guidelines to conduct another risk assessment and ensure current compliance with the HIPAA Privacy and Security Rules.

why Choose hyBrid entity stAtus

The HIPAA Privacy Rule permits an entity, such as a municipality, to separate its “covered entity” functions from its “non-covered entity” functions so that only the “covered entity” func-tions are required to comply with the HIPAA regulations.21 The separation of HIPAA-governed functions creates what is known as a “hybrid entity.” A municipality that performs “covered entity” functions should consider “hybrid entity” designation so that its departments that possess medical information on citizens, but do not perform “health plan” functions or “medical provider” functions, will not be required to protect that medical in-formation in compliance with HIPAA.

If a governmental entity consti-tutes a “covered entity” or performs a “covered entity” function and has not made a hybrid entity designation, then the entire entity, including all of its departments, is required to comply with HIPAA.22 For example, (1) the police department, that generally does not perform “covered entity” functions, would have to secure and protect inci-

dent reports containing medical infor-mation under HIPAA; (2) the city jail, if it dispenses medication or has a no-tation referring to a prisoner’s medical condition, would have to comply with HIPAA; (3) a city utility with a “non-disconnect” customer list containing the customers’ medical conditions would be required to comply with HIPAA; or (4) the emergency dispatch (911) department (that dispatches police, fire and ambulance services) because it has data about the medical information of individuals would have to comply with HIPAA for all of its dispatching services.

By choosing hybrid entity status, a municipality may be able to reduce compliance costs and potential liability. For instance, all workforce members of a covered entity are required to un-dergo training on HIPAA policies and procedures.23 Without a hybrid entity designation by a municipality, those employees who are unlikely to have any contact with PHI, such as build-ing department employees, municipal court employees and street department employees, would still be required to receive initial and on-going HIPAA training. Similarly, a police depart-ment or jail that possesses individually identifiable medical information, as well as the employees of those depart-ments, would be required to comply with HIPAA even if those departments perform no “covered entity” functions.

Without hybrid entity desig-nation, a municipality and all of its departments would be required to perform extensive analyses, and adopt and implement a number of policies and procedures simply to ensure com-pliance with HIPAA. For example, the National Institute of Standards & Technology has issued a guide publi-cation that contains approximately 40 pages of requirements, considerations, questions, analyses and policies for a covered entity to answer, review and implement just for compliance with the Security Rule.24 In addition, the HI-TECH Act adopted notice requirements that must be followed if a covered en-tity uses or discloses PHI in violation of HIPAA and its regulations.25 Those requirements include notifying the af-fected individual, as well as notifying HHS (and possibly the media), of the breach of PHI.26 Since 2009, over 430 entities have reported breaches of PHI to the U.S. Department of Health and Human Services that affect more than 20 million individuals.27 By adopt-ing hybrid entity status, non-covered entity departments possessing indi-vidual health care information would not be subject to those notification requirements for a breach of PHI under HIPAA,28 and would not otherwise be required to comply with the HIPAA regulations.

QuALiFying As A hyBrid entity

To qualify for hybrid entity status, a governmental entity must be a single legal entity that performs both HIPAA-covered and non-covered functions.29

Hybrid entity status, however, is not automatic for a municipality meeting this definition. To become a hybrid en-tity, the governing body of the munici-pality must designate in writing those health care components and functions that must comply with HIPAA.30 This written designation must include all of those health care components that would meet the definition of a covered entity if those components were sepa-rate legal entities.31 With a hybrid entity

By choosing hybrid entity status, a

municipality may be able to reduce

compliance costs and potential liability.


designation, compliance with HIPAA only applies to the designated health care components;32 although, the mu-nicipality as a whole is still responsible for oversight, compliance and enforce-ment obligations.33

A hybrid entity designation also permits the governmental entity to include in its list of designated health care components the functions of other departments not performing HIPAA- covered functions, but that do perform support activities for the health care components (e.g., those components that act as business associates for the health care components).34 For example, if the City’s finance depart-ment performs ambulance billing and that is its only “covered” function, then only that function of the finance department could be included as a health care component in the hybrid entity designation.35 Thus, medical in-formation collected in other functions of the finance department (such as the medical condition of customers on the “non-disconnect” list for the city-owned utility) would not be subject to HIPAA. Since the HITECH Act requires compli-ance by business associates with most provisions of the HIPAA Privacy Rule and Security Rule, a governmental en-tity declaring itself a hybrid entity may wish to consider including the portion of departments performing business associate functions as part of its health care components designation.36

iMPLeMenting the hyBrid entity designAtion

Making a hybrid entity designa-tion comes with its own set of compli-ance requirements. Once a municipality designates its “health care components” and “health care” functions as part of its hybrid entity designation, the mu-nicipality must implement certain poli-cies and procedures as a hybrid entity. These include the following:

(1) The municipality must create firewalls between its various health care components and between those components and non-HIPAA compo-nents. HIPAA prohibits one health care component from sharing PHI with another health care component or with a non-health care component if the disclosure would be prohibited by HIPAA where the components are separate legal entities.37

(2) The municipality must ensure that its designated health care compo-nents perform required risk analyses;

develop and adopt appropriate policies and procedures; and train the affected workforce members for compliance with the HIPAA Privacy Rule and HIPAA Security Rule.

(3) Any member of the workforce who performs duties for both a health care component and other components of the hybrid entity must not use or disclose PHI obtained in his/her work for the health care component in a manner prohibited by HIPAA.38 Thus, an employee in the finance department doing ambulance billing could not use PHI (including addresses) to bill a patient/citizen for personal property taxes. Similarly, an employee working in a health plan component who has access to health insurance application forms for employees should not use such information (including addresses) to update the employee’s employment records.

Consequently, with hybrid entity status, the governmental entity must develop clear policies, with sufficient training of affected employees, to en-sure that PHI is not improperly shared or improperly used within the entity. Nonetheless, a municipality correctly designating its health care components and specific functions of departments that support those health care compo-nents can reduce its initial and on-going compliance costs and likely reduce its liability exposure by exempting a num-ber of employees and operations from

the requirements of HIPAA.

ConCLusion

HIPAA compliance is essential for municipalities that perform “covered entity” functions as defined in the regu-lations. Because of the variety of ser-vices and functions typically provided by a municipality, HIPAA compliance, if required, poses substantial burdens and challenges. With the likely savings of time, expense and paperwork by declaring itself a hybrid entity, such a designation is worth consideration by a “covered entity” municipality.

C. Michael Bakewell practices law in the greater St. Louis area and is a graduate of the Univer-sity of Missouri-Columbia School of Law. He has represented fire protection districts for over 20 years, and has advised several fire protection districts and private medical practices in achiev-ing and maintaining compliance with HIPAA privacy and security regulations. Bakewell is a member of Barken & Bakewell, LLC and can be reached at 314-219-7554.

*You may request a copy of the footnotes for this article by calling Mis-souri Municipal League at 573-635-9134 or email [email protected].

Without hybrid entity designation, a municipality and all of its departments would be required to perform extensive analyses, and adopt and implement a number of policies and procedures simply to ensure compliance with HIPAA.


As communities grow, i n f r a s t r u c t u r e a g e s and technology does not waiver from the

frontlines of data management and effective reporting, it is essential that our nation’s cities implement and embrace new and more efficient methods to manage and maintain their utility infrastructure, assets - infrastructure that removes waste from our homes, ensures safe drinking water, and provides millions of miles of electricity. Whether for major metropol i tan areas with populations exceeding 100,000 or for small agricultural-based communities such as the city of Trenton, Mo., with a population of 6,000, moving forward with plans to revolutionize the way utility assets are managed and maintained is a huge undertaking. For the city of Trenton and Trenton Municipal Utilities (TMU), the task was a welcome challenge – one that has resulted in both a return on investment for the City and in a cutting-edge, web-based geographic information system (GIS) utilized by various departments to oversee and maintain the City’s entire utility infrastructure.

the driving ForCe TMU and the city of Trenton faced

a challenge that many public works departments and utility managers are faced with – the retiring utility mapper. This experienced employee is frequently relied upon to develop and maintain the maps that are utilized by field staff, consultants and anyone else that needs access to information regarding the utility networks. This story is common for cities when a retiring mapper, utility supervisor or public works director retires or leaves with a wealth of knowledge about the history and infrastructure of a city’s utility networks.

For years, TMU had a Legacy CAD system that provided the utility operators and field staff a “good enough” estimate as to where utility features and lines were located. They also relied on original utility drawings

and “as-built” maps, but locations had never been verified, and employees knew that the available data was not spatially-accurate, while some utilities were missing all together. The mapping system was in definite need of modernization and with the retirement of their utility mapper on the horizon, they took the opportunity to do just that.

“Some c i ty ut i l i t ies operate i n d e p e n d e n t l y , b u t w e o p e r a t e integrated.” Chad Davis, utility director of TMU stated. “Our internal draftsman has always done mapping work for our utilities, and also for the City, which played a large factor in combining our GIS program.”

Not only was it critical for the City and TMU to be on the same page and have access on a dai ly basis to a comprehensive utility GIS program, but the existing spatially-inaccurate data could potential ly pose a problem if it were not up to par with regulations set forth by the U.S. Environment Protection Agency

(EPA) and the Missouri Department of Natural Resources (DNR). Trenton and TMU recognized the need to pursue the development of a comprehensive geographic information system, and implemented a plan to maintain and manage the data once the project was complete.

Moving in A new direCtion

Trenton and TMU actively took the first step in establishing a long-term transition plan for converting their CAD data to a GIS program, and contracted with Midland GIS Solutions from Maryville, Mo.

“TMU was very well prepared for this conversion. Our vice president had been in touch with TMU for several years in preparing them both financially and strategically to make this transition from their CAD maps and utility drawings to a modernized GIS-centric utility management program,” stated Ethan Herbek, municipal project supervisor at Midland GIS Solutions. This upgrade would ass is t TMU

GIS HELPS CITY OF TRENTON MAP THE FUTURE OF THEIR UTILITIES

by Katie Shepherd and Kate Bridges

Manhole inspections were completed for 1,153 manholes, lamp holes and mini-manholes throughout the city of Trenton. Some of the inspection data collected includes rim elevation, type, material, depth, surcharge, northing, easting, number of steps and diameter.


in complying with EPA and DNR regulations on reporting and mitigating sanitary sewer overflows and inflow and infiltration (I & I) issues, and would ultimately help them achieve their goals of putting relevant data into the hands of as many utility operators and field staff as possible. Previously, only the CAD operator had the electronic version of this mapping information.

A soLid FoundAtion

One of the first steps toward developing the City’s GIS program was for TMU to obtain 100-scale aerial photography for the area in and around the City through a separate contract. This aspect of the project was unique because Midland GIS Solutions managed the aerial control for the aerial photography flown over the City, and made sure that the photography would align with the cadastral data to be obtained from other sources. The digital photography tiles were stored as raster datasets that can be viewed as a continuous, seamless image across the entire City in the GIS program.

The city of Trenton, TMU and Grundy County worked together acquiring previously created cadastral map data layers to incorporate into the City’s GIS program, such as parcels, road centerlines, rights of way, section lines, lots, blocks and subdivisions to name a few. Midland GIS Solutions had previously developed Grundy County’s GIS data in 2006 and integrated those GIS layers with TMU’s utility data

in the new GIS program. Relevant AutoCAD drawings, hard copy utility maps , as -bui l t in format ion , and historical utility drawings from the city of Trenton and TMU were also researched and referenced during the project. Midland GIS Solutions created a multi-level control network by surveying the project limits within the City. Permanent control monuments were set by TMU staff and Midland GIS collected static GPS observations on each point to establish a control network that was used for this project. This control network will help ensure that all future projects undertaken by TMU and its contractors will use a consistent coordinate system. Next, project sectors were identified that allowed field staff to determine the order in which each sector would be approached for data collection.

A CoMPrehensive APProACh to utiLity Asset MAnAgeMent

The next major phase of the project consisted of developing GIS data for TMU’s water distribution system. Through survey grade, or real-time kinematic (RTK) GPS methods, Midland GIS located the waterline network and features contained within the defined project limits.

Next, all the electric network utility features within the project limits were located, including primary and secondary power poles, transformers, junc t ion boxes , swi tches , fuses , capacitors, street lights and connector

lines. TMU also had an electric pole attachment inventory where data on 3,519 primary and secondary power poles were collected and entered into the GIS program. This provided a method for TMU to inventory all of the attachments and accurately justify a 10 percent increase in revenue for TMU from attaching utility companies.

Finally, Midland GIS utilized RTK GPS methods to locate the public sanitary sewer utility features, including all manholes – complete with full inspections, lift stations, gravity mains, lamp holes, force mains and various other attributes while using a custom ArcPad field application. A condition rating system was developed to assist the City with accommodating requests by the EPA and DNR to meet various standards. All GPS surveys were referenced to the existing Missouri State Plane Coordinate System, allowing for direct insertion into the City’s new GIS program. Five percent of all field data was checked for quality control purposes prior to insertion into the GIS mapping program.

MAnAging utiLities with integrity

Good data management practices insist that a proper method to manage and maintain data is in place to ensure the longevity and integrity of the data management system. Perhaps the most unique part of this project with the city of Trenton and TMU revolves around their motivation to maintain and update the GIS program once it was completed. Four months after the data collection project began, the city of Trenton and TMU had thousands of spatially-accurate data features and attribute data incorporated into a state-of-the-art GIS program. Midland GIS Solutions proposed that the City utilize Integrity™, a secure, web-based solution designed to effectively manage, analyze, update and maintain their new GIS data. With Integrity™, TMU and the city of Trenton can access their utility data in a multi-user environment.

Their current GIS website contains aerial photography, parcels, city zoning boundaries, city limit boundaries, waterline, electric and sanitary sewer data, section, township and range lines, TMU grid system data, address points and a sidewalk layer. For the first time, TMU has a bird’s eye view of their entire utility infrastructure and

This screenshot demonstrates the ability of the City of Trenton and TMU to select a gravity main and instantly generate a sewer profile report to identify line flow and see all attribute information from manhole to manhole.


Cable is Connected!

can conduct complex queries of each system to report on feature condition ratings, pipe assessments, materials, age of infrastructure and even track maintenance activities. The City and TMU also have the sewer analyst tool within their website that gives users the ability to create detailed sewer profiles to analyze upstream and downstream manholes by line length, slope and invert elevation.

The city of Trenton and TMU joined together to convert their outdated utility maps into a comprehensive GIS program with accurate utility data, updated aerial photography and cadastral data layers. Taking that system to the next level by implementing a system to manage, maintain and analyze their data allows city officials, field operators and utility managers to access the information they need on a daily basis. Their efforts will improve communication among departments, improve overall workflow and lead to operational efficiencies never before imagined.

For more information on this project, please contact Ethan Herbek, municipal project supervisor at Midland GIS Solutions at [email protected] or Chad Davis, utility director for Trenton Municipal Utilities at [email protected].

Missouri Cable Telecommunication Association

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T h e C e r t i f i e d P u b l i c F i n a n c e O f f i c e r s Program (CPFO) of the Government F inance

Officers Association of the United States and Canada is a certification program for employees in the governmental finance area. It is designed to prepare individuals for financial leadership positions in local and state government. As of spring of 2012, this program had 489 active CPFOs.

The certification program, gov-erned by the Council on Certification, is a self-study program with a broad overview of five major disciplines in public finance. These areas include the following:• Treasury and Investment Man-

agement• Governmental Accounting, Au-

diting and Financial Reporting• Operating and Capital Budgeting• Retirement and Benefits, Risk

Management and Procurement• Debt Management

Testing is conducted three times per year, in the spring, at the Govern-ment Finance Officers Association (GFOA) national conference, and in the fall, to verify knowledge in the particular area for which a candidate is studying.

To maintain this certification, practitioners must participate in 60 hours of continuing education bi-annually. The continuing education requirement is a valuable component of this certification as it keeps active CP-FOs updated and enriched with current trends and innovations in government finance.

In an effort to promote this cer-tification and to promote the spring education conference held annually, the GFOA of Missouri offers a testing session at its annual spring conference. This session allows for individuals to test in any five of the exam areas. Additionally, the GFOA now allows individuals to test in local jurisdictions when appropriate notice and contact with the GFOA is made. Participation in this testing session requires pre-

registration with the national GFOA.The CPFO designation adds a

significant credential to an individual’s resume and skill set. It exhibits that an individual has demonstrated competen-cies in the major disciplines of public finance.

“Obtaining the CPFO certification was a very valuable and rewarding process. This is the only program I have found that facilitates learning the specific and practical aspects of gov-ernmental accounting,” said Christine Cates, director of finance, city of Blue Springs.

This certification provides a large volume of resources for a finance pro-fessional to delve into and strategize in areas that one doesn’t normally address on a day-to-day basis.

“I found the CPFO certification program to be fulfilling on both a per-sonal and professional level," said De-nise Town, treasurer, city of Maryville. "The broad spectrum of knowledge gained through the study process is invaluable and beneficial regardless of one’s position in government finance. The process will challenge you and pro-

vide critical insight into areas perhaps not used on a routine basis."

Each examination has criteria requiring individuals to demonstrate knowledge of specific subject mat-ter. For the Treasury and Investment Management examination, the test is arranged around three main topics: investing, managing banking services, and general treasury management. Reading material that is recom-mended for these core areas provide important information on processes for establishing an investment policy, investment economics (e.g. the yield curve, strategy, monitoring financial markets and interest rates), and on bank depository and custodian selec-tion. Other topics inclusive of this cat-egory include cash flow forecasting, short-term borrowing methods and instruments, internal controls and use of technology. This core area provides a more comprehensive understanding of investment policies and parameters to improve the city’s current invest-ment policy.

The Government Accounting, Auditing and Financial Reporting (GAAFR) category focuses on three main areas for testing: accounting and internal control, auditing and financial reporting. The GAAFR also known as the Blue Book is the main source of reading material for this topic and gives practical applications to follow. More specific topics that comprise the main subject areas include evaluating control-related policies and procedures, internal control and fraud prevention, auditing standards, independent au-ditor’s reports and findings, fund ac-counting and fund financial statements, and measurement focus and basis of accounting. This material provides a more comprehensive understanding of the required components of the “Com-prehensive Annual Financial Report," for which the city of Webster Groves has earned an award from the GFOA for a number of years.

The Operating and Capital Bud-geting study material addresses the following topics: budget process and organization, linkage of budget to

GOVERNMENT FINANCE OFFICERS ASSOCIATION CERTIFICATION PROGRAM

by Joan Jadali


long-range planning and assessment, budget and financial policies, the op-erating budget, revenue forecasting and analysis, and preparing/adopting the capital improvement program and budget. Reading material for these topics provide valuable information on understanding the relationship between operating and capital budget-ing, the relationship of budgeting and accounting, performance measures and benchmarks, financial policies related to budgeting, types of budgets (line item, program, performance, and zero-based budgets) and forecasting methodologies.

Retirement and benefits, risk management, and procurement high-light general issues of retirement and benefit administration, the role of risk management, the tools for managing risk, and various pieces of the procure-ment process, including: competitive procurement, source selection, contract types, and cooperative purchasing. Reading material provides information on relevant and important issues for government finance staff.

However, the examination that proved most worthwhile to this author and was the most challenging of the five testing components was the debt management examination. The debt management examination covers a number of different topics, including: an overview of the municipal bond markets, capital financing methods, types of municipal debt, structuring and sizing an issue, the bond sale, and managing outstanding debt. This area is valuable for learning about the debt issuance process and the impact on the finance function. Once I completed my testing in this area, I began implement-ing some of the recommended items and learned how to look at the City’s financial position and assets with the eyes of an investor. I was able to con-tribute knowledge and value to the City’s management team. Much of the groundwork was already there from

years of strong professional manage-ment … I just learned how to present what we had to others, and as a result, the City earned a rating upgrade.

The inherent dedication of those acquiring the CPFO certification speaks volumes. It is not easy, and when you combine that desire with what are necessarily fully developed skills, the individual can only be of noteworthy benefit to the organization they serve.

When the CPFO program was introduced in 1997, Jeffrey Esser, ex-ecutive director of GFOA said “For the first time, a finance professional anywhere in the United States will be able to objectively demonstrate his or her knowledge of government finance. The national scope of the GFOA certi-fication process should help the profes-sion define the core finance knowledge; and thus, lessen reliance on subjective factors in evaluating the finance func-tion. Such an advance can only raise the prestige of the finance office of any gov-ernment. Participation in the Certified

ACtive Missouri CPFos: Christine Cates, City of Blue SpringsArt DeWitt, RetiredJoan Jadali, City of Webster GrovesDenise Keller, St. Louis County Library DistrictSusan Lauren-Dawson, Wentzville R-IV School DistrictMary Mannix-Decker, City of SpringfieldPam Reitz, St. Louis County GovernmentDonna Resz, City of RiversideDan Smith, City of Creve CoeurSandra Stephens, City of KirkwoodMark Stockwell, Clayton School DistrictDenise Town, City of Maryville

Public Finance Officers program holds out the promise of raising participant’s level on training and expanding their knowledge of the finance area beyond the daily demands of their jobs. Wide participation in the certification process will clearly add to the professional-ism of government finance officials nationwide.”

Joan Jadali is the director of finance and admin-istration for the city of Webster Groves, Missouri. Currently she serves as the past president of the GFOA of Missouri. For more information, you can contact her at 314-963-5323 or [email protected].

For more information regarding the Certi-fied Public Finance Officers designation, please visit the Government Finance Of-ficers Association website at http://www.gfoa-cpfo.org.


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news From the Benchby W. Dudley McCarter

F ol lowing a vote of i ts c i t i z e n s , t h e c i t y o f S p r i n g f i e l d a d o p t e d General Ordinance No.

5927 that prohibited smoking in all enclosed public places, including bars and taverns. In adopting the ordinance, the City found that it was necessary to protect the public health and welfare, and cited studies showing there is no safe level of exposure to secondhand smoke. Patty Sue, Inc. d/b/a Ruthie’s Bar filed a declaratory judgment suit against the City contending that the ordinance was in conflict with the state’s indoor clean air act. The trial court granted summary judgment to the City and the court of appeals affirmed in Patty Sue, Inc., d/b/a Ruthie’s Bar v. City of Springfield, No. SD 31660 (Mo.App. S.D. 2012).

“It is, of course, well settled that a municipal ordinance must be

in harmony with a general law of the state upon the same subject and is void if in conflict therewith.” Kansas City v. LaRose, 524 S.W.2d 112, 116 (Mo.banc 1975). “Where its language will permit an ordinance could be construed so as to uphold its validity against a construction which would invalidate it.” Id. at 117.

Here, the court is guided by the City of Kansas City v. Carlson, 292 S.W.3d 368, 372 (Mo.App. 2009). In determining whether a city ordinance conflicts with statutory authority we turn to statutory construction to determine “whether the ordinance prohibits what the statute permits or permits what the statute prohibits.” Home Builders Assoc. of Greater St. Louis, Inc. v. City of Wildwood, 107 S.W.3d 235, 238 (Mo.banc 2003). It is settled law that “[t]he purpose of statutory construction is to determine the intent of the legislature”

MuniCiPAL ordinAnCe BAnning sMoking in enCLosed

PuBLiC PLACes did not vioLAte stAte LAw

and that [i]n arriving at that intention, the objectives of the act are to be considered, and the construction must be reasonable and logical and give meaning to the statute.” State ex rel Rhodes v. Crouch, 621 S.W.2d 47, 49 (Mo.banc 1981).

The Missouri Indoor Clean Air Act is not a statute that was enacted to permit smoking or to protect the rights of smokers. “The ICAA is a prohibitory statute.” Carlson, 292 S.W.3d at 374. “Because the ICAA merely excludes bars … from its proscription, it does not affirmatively permit smoking.” Id. at 375. Thus, we cannot say that the ordinance prohibits what the statute permits. Vest v. Kansas City, 194 S.W.2d 38, 39 (1946).

W. Dudley McCarter is with the law firm of Behr, McCarter and Potter, P.C., St. Louis.


by W. Dudley McCarter

niCkoLAus reCeives Lou CzeCh AwArd

Jefferson City's City Administrator Nathan Nickolaus was named the recipient of the 2012 Lou Czech Award by the Missouri Municipal Attorneys Association. The Lou Czech Award is the highest honor bestowed upon municipal attorneys in Missouri. He was presented with the award during the Missouri Municipal Attorneys Association’s annual seminar held July 13-15 at the Lake of the Ozarks.

The Lou Czech Award is awarded to Missouri attorneys based on the following critieria:• The individual’s professional

accomplishments in serving the public’s interests and the various g o v e r n m e n t a l j u r i s d i c t i o n s w h e r e i n t h e n o m i n e e w a s employed.

• The professionalism exhibited by the nominee in his/her relationship with elected officials, the public and other loca l government professionals.

• The nominee’s time and effort spent in training and supporting young professionals just entering the field.

• The individual’s accomplishments in addit ion to service to the employing jurisdiction; time and effort spent serving the local, state and international city attorney associations; service on Missouri Municipal League committees and in other capacities that have proven beneficial to the public welfare or the promotion of the profession of municipal law.

• The nominee’s record of ethical c o n d u c t i n a l l p r i v a t e a n d professional matters that bear on the individual’s acceptability of the Lou Czech Award.Nickolaus, an attorney, has been

city administrator for Jefferson City since May 2011. Prior to being named city administrator, he had been city counselor for Jefferson City since August 2003.

Member Accomplishments ...

Rolla Mayor Bi l l Jenks , I I I was presented the Edwin Dalstrom Distinguished Service Award by Rolla PD Captain Jason Smith, past president of the Rolla Lions Club, at the Rolla City Council meeting on July 17.

The award is named for the Mid-South Lions Sight and Hearing Service’s f irst president , Edwin Dalstrom, and is the highest honor that a Lions Club can bestow through the organization.

T h e D a l s t r o m a w a r d i s awarded to a club or community member who has demonstrated exceptional humanitarian service to the community. The award can be received only once.

“ M a y o r J e n k s h a s b e e n described by many in the area as Rolla's biggest cheerleader,” said Capt. Smith. “It is very common to see him out in the community volunteering at various events and he is always recognizing others for all

Rolla Mayor Bill Jenks, III (left), is presented the Edwin Dalstrom Distinguished Service Award by Captain Jason Smith, past president of the Rolla Lions Club, at the Rolla City Council meeting on July 17. (Scott Grahl, city of Rolla photo).

Cerner And nevAdA LAunCh heALthy nevAdA ProjeCt

Cerner has announced a partnership with the city of Nevada, Mo., to build a new model of health and care that will seamlessly integrate the two environments and create a healthy Nevada. The project will aim to increase Vernon County and Nevada's ranking in the Robert Wood Johnson Foundation annual report from the bottom third to the top third over the next five years. The project will focus on creating a culture of health in the community through education, incentives, infrastructure and partnerships with stakeholders such as the Nevada school district, local employers and community organizations like the Nevada Housing Authority. It also will work to further digitize the health care community in Nevada, including the deployment of Cerner's Com-munityWorksTM model at Nevada Regional Medical Center.

of their hard work in our community. However, he is rarely recognized for all of the great things that he does for our community.” Jenks is serving his second four-year term as mayor of Rolla and was presented the prestigious Missourian Award last year.

roLLA MAyor BiLL jenks, iii Presented the edwin dALstroM distinguished serviCe AwArd

Kansas City, Mo., and Clayton, Mo., were both recognized by the International City/County Management Association for superior performance management efforts with a Certificate of Excellence from the ICMA Center for Performance Management . The two cities are among only 26 communities that received the center’s highest level of recognition this year. The ICMA Center for Performance Management assesses a local government’s performance management program by gauging performance over time and comparing results to peer communities.

Cities reCognized For PerForMAnCe MAnAgeMent suCCesses


2012 / 2013 CALENDAR OF EVENTS

September29-Oct. 3 International Association of Chiefs of Police Annual Conference San Diego, CA

October4-7 ABA's UMKC School of Law 2012 Fall Council Meeting and Education Law Symposium Kansas City, MO7-10 ICMA Annual Conference Phoenix, AZ9 Collective Bargaining in Missouri Workshop Clayton, MO10 MML Central Meeting

JOB OPPORTUNITIES

POLICE CHIEF. The city of Bran-son West, Mo., is accepting resumes for the position of full-time police chief. The police chief will work under the general guidance and direction of the city administrator while maintaining an effective communication process; perform a variety of complex admin-istrative, managerial and professional work in planning, coordinating and directing the activities of the police de-partment; provide effective leadership insuring that all functions within the police department are focused within an environment that is conducive to recognizing the creative attributes of all officers and civilians; ensure that the department offers and maintains an effective and positive community, oriented- policing philosophy for the purpose of maintaining the highest pos-sible credibility level within the area; develop, implement, monitor and ad-just, as necessary, an effective commu-nication system throughout the police department; plan, coordinate, manage and evaluate police department op-erations; and must ensure compliance with changing requirements in local, state and federal laws. Duties include reviewing department performance, effectiveness, and policies to alleviate deficiencies; supervising and coordinat-ing the preparation and presentation of annual budget for the department; directing the implementation of the department’s budget; planning for and reviewing specifications and needs for

additional personnel and for new or replacement equipment; ensuring ap-propriate and adequate training and development of general behavior of assigned personnel; representing the City and the police department in a variety of local, county, state and other meetings/trainings; and cooperating with county, state and federal law en-forcement officers appropriate where activities of the police department are involved. Applicants must be Missouri Post Certified with ten (10) years of experience in law enforcement, with a minimum of four (4) years of supervi-sory/management experience in law enforcement. The city of Branson West offers an excellent benefits package and competitive salary range. All resumes must be received no later than Octo-ber 12, 2012. Please call 417-272-3313 with any questions. Send resumes and P.O.S.T. training certificates to: City of Branson West, Attn: Kenneth Smith, PO Box 2229, Branson West, MO 65737.

CITY ADMINISTRATOR. The city of Eldon, Mo, (4,974 pop.), is ac-cepting applications for the position of city administrator. Eldon is located in central Missouri just 12 miles north of the Lake of the Ozarks. The city admin-istrator will be responsible for carrying out those duties described by the mayor and six member board of alderman. The ideal candidate will have a bachelor’s degree in public administration, or equivalent experience in the public-sector. The successful candidate will have meaningful municipal government and finance experience and the ability to develop and oversee the 5.4M budget; must be an experienced professional with demonstrated communication, interpersonal and networking skills, as well as provide outstanding leadership; proven work ethic; excellent decision-making aptitude; the ability to maintain the fiscal integrity of the organization; and certainly be a person with a good background in the field of economic development and grant preparation. The starting salary will be market competitive, depending on the qualifi-cations and experience of the selected candidate. Residency is a requirement. Position will remain open until filled. Application review will begin immedi-ately. All applications will be treated as confidential. Send cover letter, resume, references and salary history to: City of Eldon Administrator Position, PO Box 355, Eldon MO 65026 or fax to 573-392-2341, Attn. Mayor Ronald Bly.

October (continued)18 MML West Gate Meeting Excelsior Springs, MO

November6 Election Day27-Dec. 1 NLC Congress of Cities, Boston, MA

December4-5 55th Annual Missouri S&T Asphalt Conference Rolla, MO January 201317 MML West Gate Meeting Richmond, MO


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