MML Review September 2013

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The Official Publication of The Missouri Municipal League

TheMissouri Municipal

September 2013

Review

Springfield: 175 Years Young!

Also In This Issue:

• 50 Survival Tips For Elected Officials

• Six Steps To Mobile Success In Local Government

• Social Media And Municipal Employees

• Five Things You Can Do To Save Energy In Your Utility

2 / September 2013 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 Pro Tem Susan McVey

Poplar Bluff

Vice PresidentCouncilmember Jan Marcason

Kansas City

Immediate Past PresidentMayor Norman McCourt

Black Jacke

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS

David Bower, Mayor, Raytown; 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; Donald Krank, Councilman, Black Jack; *Ron Monnig, Councilmember, Slater; Raeanne Presley, Mayor, Branson; John “Rocky” Reitmeyer, Alderman, St. Peters; Lisa Robertson, City Attorney, St. Joseph; Frank Roland, Mayor, Hillsboro; Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; 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 Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal 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 office 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 2013 /3

Review VOLUME 78, NO.5

Missouri MunicipalThe

September 2013

The Official Publication of The Missouri Municipal League

12 / TechTalk: Getting Mobile Right: Six Steps To Success In Government by William D. Eggers

29 / News From The Bench

30 / Professional Directory

34 / Member Accomplishments, Calendar of Events

4 / City Profile: Springfield, 175 Years Young!

8 / Devolution And Arrogance: State Can't Resist Bossing Around Localities

by Alan Ehrenhalt

14 / Social Media And Municipal Employees: Tweet Them Right by Lori Lein

18 / Five Things You Can Do To Save On Energy In Your Utility by Scott A. Strahley

22 / 50 Survival Tips For Elected City Officials

33 / Westgate Civic Leadership Awards

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


Beginnings

The terri tory known as Missouri was included in the Louisiana Purchase of 1803. Soon after, the Delaware Native Americans received treaty land where Springfield’s Sequiota Park stands today.

Missouri became a state in 1821. In the mid- to late 1820s, two brothers from Tennessee, J o h n P o l k a n d M a d i s o n Campbell, along with several other homesteaders, went on a prospecting trip to southwest Missouri. The area was then populated by the Kickapoo and Cherokee.

The settlers encountered a tribe of Kickapoo encamped along the James River. A young boy from the tribe was gravely ill, and John Polk Campbell offered to help. Campbell gave the boy herbs that eventually lifted his fever and brought him back to full health.

The Kickapoo chieftain gave Campbell a tract of land to the north of their village near a large spring as a token of his gratitude. Campbell built a log cabin near the spring and began a small farm.

Campbell announced his claim to Springfield in 1829, and encouraged friends and family to join him in the newly settled area.

In 1833, Campbell donated 50 acres for the construction of a town, with two acres designated as the public square. Lots were sold to new settlers, and Campbell began the organization of Greene County. By 1835, approximately

500 persons lived in Springfield. The town was incorporated in 1838.

Trail Of Tears

In 1838, the Cherokee were forcibly removed by the U.S. government from their homelands in Tennessee, Alabama, North Carolina and Georgia, and later moved to the “Indian Territory.”

The move became known as the Trail of Tears due to thousands of Cherokee deaths on the journey, as well as those who perished as a result of the relocation. The Trail of Tears traveled through the Springfield area via what

is known today as the Old Wire Road. The Trail of Tears National Historic Trail auto tour route is along Interstate 44 westward to U.S. 160 (West By-pass in Springfield) and westward along U.S. 60.

Old Wire rOad

The Old Wire Road, then known as the Military Road, served until the mid-1840s as a connection between Springfield and the garrison at Fort Smith, Ark. By 1858, the Butterfield Overland Stage began utilizing the road offering passage to California. Two years later, the region’s first telegraph line was strung along the road at that time it was dubbed the Telegraph or Wire Road. The road proved vital during the Civil War, and its most historic connection is to the Battle of Pea Ridge in Arkansas. While portions of the road exist today, the most easily accessible portion is within Wilson’s Creek National Battlefield.

Civil War BaTTles Of WilsOn’s Creek and springfield

With the Civil War imminent, S p r i n g f i e l d w a s d i v i d e d i n i t s sentiments. On Aug. 10, 1861, army units clashed near Wilson’s Creek, the site of the first major battle west of the Mississippi River, involving approximately 5,400 Union troops and 12,000 Confederates.

Gen. Nathaniel Lyon was killed. He was the first Union general to die in combat. The Confederates were victorious. Union troops fell back to

SPRINGFIELD: 175 YEARS YOUNG!

City Profile

W i t h more than 440,000 persons in the metro area, Springfield is where the rolling hills of the Ozarks plateau to form a surprisingly modern and green city. A “big, small town,” Springfield offers the perfect blend of fascinating attractions, historical treasures, sports excitement and cultural and leisure activities.

The City offers 102 parks, including a linear trail system that integrates with the City’s growing on-street bike route system; an airport; an art museum; a zoo; the Springfield Lasers professional tennis team; the Springfield Cardinals minor-league baseball team; and is home to Bass Pro Shops, Missouri State University, Drury and Evangel universities and the Assemblies of God USA.

Springfield/Greene County is the only municipality in the nation with a Gold Medal Award-winning parks and recreation department; American Chamber of Commerce Executives Chamber of the Year award; and accreditation in law enforcement, fire, emergency management and public works.

www.mocities.com The Missouri Municipal Review September 2013 / 5

Lebanon, then Rolla and regrouped. When they returned to Springfield, the Confederates had withdrawn. The battle led to increased military activity in Missouri and set the stage for the Battle of Pea Ridge in 1862.

T h e N a t i o n a l P a r k S e r v i c e , recognizing the significance of the battle, designated Wilson’s Creek National Batt lef ield in 1960. The 1,750-acre battlefield remains greatly unchanged and stands as one of the most historically pristine battle sites in the country.

For two years following the Battle of Wilson’s Creek, possession of the City seesawed. Then in January 1863, Confederate forces under Gen. John S. Marmaduke advanced toward the town square and battle ensued.

As evening approached, the Confederates withdrew. The next morning, the Confederates left town and Gen. Marmaduke sent a message to Union forces asking for proper burials for Confederate casualties. The City would remain under Union control until the end of the war.

“Wild Bill” HiCkOk

In the wake of the Civil War, Springfield helped give birth to the Wild West era. In July 1865, the town square was the site of the nation’s first-recorded shootout. The incident between “Wild Bill” Hickok and Davis Tutt also was significant due to the incredible marksmanship exhibited by “Wild Bill” that made him known worldwide.

Following a poker game in Kelly Kerr Saloon on Park Central Square, Tutt claimed Hickok owed him money and took his pocket watch as collateral. Tutt claimed he would wear it in public to show that Hickok didn’t pay his debts.

The following day, from 75 yards away, Tutt fired a shot at Hickok, barely missing his head. Hickok fired back and killed Tutt with a bullet through the heart. It became nationwide news.

arrival Of THe railrOad

O n A p r i l 2 1 , 1870, the St. Louis-San F r a n c i s c o l i n e r o l l e d t h r o u g h S p r i n g f i e l d , establishing a new city named North Springfield w i t h C o m m e r c i a l Street as its downtown. Commercial and industrial diversification came with the railroads and strengthened the city of Springfield when the two towns merged 17 years later in 1887.

Today, visitors can enjoy the view from the Jefferson Avenue Footbridge, peering below to the locomotive path that is still in use.

BirTHplaCe Of rOuTe 66

Off ic ia l ly recognized as the birthplace of Route 66, i t was in Springfield on April 30, 1926, that officials first proposed the name of the new Chicago-to-Los Angeles highway. In 1938, Route 66 became the first completely paved transcontinental highway in America, the “Mother Road,” stretching from the Great Lakes to the Pacific Coast.

Traces of the Mother Road are still visible in downtown Springfield along Kearney Street, Glenstone Avenue, College and St. Louis streets and on Missouri 266 west to Halltown.

The red booths and gleaming chrome in mom-and-pop diners, the stone cottages of tourist courts, and the many service stations along this route saw America fall in love with the automobile.

The road that once was the east/west thoroughfare for travelers in a hurry to get to their destinations now

serves sightseers who take a more relaxed pace and savor every detail.

Springfield mixes its past with the future as historic Route 66 borders the downtown Jordan Valley Park.

T h e C i t y o f S p r i n g f i e l d i s designating the section of College Street that was once part of Route 66 as a historical area. A roadside park celebrating its Route 66 past by incorporating memories of local Route 66 landmarks is part of the redevelopment plans for the area.

The Route 66 Park will include picnic areas; a walking trail and water feature; a replica of a Route 66-era filling station that will serve as a visitor information center; a relocated motor court cottage and sign replica; a Route 66 sculpture; and replicas of other local landmark signs.

THe Ozark JuBilee

The first national country music


show on television was broadcast by ABC from Springfield from 1955 until 1960. The show is credited with popular iz ing country music and featured well-known performers, including Red Foley, Speedy Haworth, Brenda Lee, Porter Wagoner and Slim Wilson.

living and WOrking

T h r o u g h i t s E c o n o m i c Development Of f i ce , the c i ty o f Springfield works closely with the Springfield Area Chamber of Commerce and city utilities to attract and retain businesses that provide quality jobs and improve the tax base.

Incentives and financing tools include Enhanced Enterprise Zones that offer 50 percent real estate tax abatement for 10 years to any company creating jobs and making investments within the boundaries of the defined zones. Additional abatement is offered for LEED-Silver certified facilities.

Staf f members a lso serve as project facilitators for major economic development projects to ensure timely approval of plans and permits.

Springf ie ld’s unemployment rate of 5.7 percent is well under the national and state rates of 7.6 percent and 6.9 percent, respectively. The current workforce in the metro area is comprised of 225,567 workers with a .5 percent average annual workforce growth.

T h e e d u c a t i o n a n d h e a l t h services sector accounts for the largest portion of jobs in the metro area at approximately 36,000. Government is second, accounting for approximately 28,600 jobs. Retail trade is third, with 24,500 jobs. Professional and business services rank fourth, with 22,500 jobs. The leisure and hospitality sector ranks fifth, with 18,400 jobs. Last is the information technology sector, with 3,900 jobs.

M a j o r e m p l o y e r s i n c l u d e CoxHealth and Mercy health systems, Wal-Mart, Springfield Public Schools,

Missouri State University, the federal, state, county and city governments, Bass Pro Shops and O’Reilly Auto Parts.

National recognitions include: • Top 5 in the Nation for Economic

S t r e n g t h , “ F o u r t h E c o n o m y Index;”

• Top 10 Hot City for Entrepreneurs, Entrepreneur Magazine;

• Top 12 Metros for Recruitment & A t t r a c t i o n , E x p a n s i o n Management;

• Top Place for Business & Careers, Forbes magazine;

• Top City for Young Professionals, Next Cities;

• Top 40 Best Qual i ty of Li fe , Bizjournals;

• T o p 2 0 M i d - S i z e d C i t y f o r Entrepreneurs, Inc. magazine;

• Top 50 Best Performing City, Milken Institute.

Springfield Public Schools is Missouri’s largest fully accredited school district. More than 24,000 students attend 36 elementary schools, an intermediate school (grades 5-6), nine middle schools, five high schools, Phelps Center for Gifted Education and an Early Childhood Center.

The school system offers more than a dozen programs that cater to the diverse needs of students, including the

International Baccalaureate program, Wonders of the Ozarks Learning Faci l i ty (WOLF), and the Middle College Program. All five district high schools are designated Missouri A+ Schools.

Casual dining, upscale bars and restaurants, antique shops, trendy clothing, art galleries and a public art and sculpture tour make downtown Springfield a great place to visit.

gOvernmenT

The City of Springfield operates under the council-manager form of government, a system that combines the policy leadership of elected officials in the form of a city council, with the managerial expertise of an appointed city manager.

By the Springfield City Charter, the City has eight councilmembers who are each elected for a four-year term on a non-partisan basis, and a mayor who is elected for a two-year term. The presiding officer at council meetings is the mayor.

The city manager is appointed by the counci l and serves as the chief administrative officer of the organization. The city manager is responsible for administration of city affairs, day-to-day operations, and implementation of council policies.

legislaTive priOriTies

Legislative priorities for 2013 are:• E c o n o m i c d e v e l o p m e n t a n d

fighting poverty;• P r o t e c t i n g t h e n a t u r a l

environment;• Maintaining local control and

avoiding unfunded mandates;• Improving public health;• Maintaining public safety and

improving the criminal justice system.

Springfield/Greene

County is the only

municipality in the

nation with a Gold

Medal Award-winning

parks and recreation

department.


Neighborhood Improvement DistrictsChapter 100 Bond FinancingChapter 353 Tax AbatementEminent DomainEmployee ClaimsEnterprise Zones

Community Improvement DistrictsLitigationState IncentivesTax Increment FinancingTransportation Development DistrictsZoning and Other Land Use Issues

816-753-9200 | www.WhiteGoss.com | [email protected]

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SoLID ExPErIEnCE – PoSITIvE rESuLTS

Aaron G. March, James C. Bowers, Michael T. White, Shannon M. Marcano, Patricia R. Jensen, William B. Moore, Brian E. Engel, Mark S. Bryant, Kimberley S. Spies

Call former Jackson County Executive Mike T. White at 816-863-1733 for an introduction to the appropriate team member to help you with:


S h o r t l y b e f o r e i t adjourned this spring,

t h e W e s t V i r g i n i a Legislature approved a bill to expand the home rule power of many of the state’s cities. Among other things, cities were given more freedom to impose a sales tax, clear blighted properties and streamline the granting of development permits.

Sounds like a good deal for the cities. And i t would have been, had the lawmakers not slipped a couple of extra provisions into the legislation shortly before passing it. One stipulated that in order to qualify for the new home rule status, cities had to repeal most laws on their books limiting the sale or use of handguns. Another required them to stay out of the business of same-sex marriage. Pass a gay marriage law, the state told the cities, and you can forget about that new sales tax.

Now, states are notorious for passing preemptive laws that bar cities from acting as autonomous political entities. Only West Virginia has been brazen enough to put preemption right in the middle of legislation supposedly advancing the cause of devolution.

Even state officials who ended up supporting the whole package sounded embarrassed about it. West Virginia Gov. Earl Ray Tomblin, who signed the bill, allowed that it seemed to him “a little bit of a contradiction.” Tomblin added that “when you think of home rule …, it’s giving them more flexibility, and this does tie their hands somewhat.” More than somewhat, as a matter of fact. Charleston, which has had a gun background check law since the early 1990s, was told to get rid of it or drop out of the home rule project altogether.

T h i s w a s n ’ t a m a t t e r o f p a r t i s a n s h i p . T o m b l i n a n d t h e

legislative leaders are Democrats, but both parties supported the clumsy intrusion of the state into what are fundamentally local affairs.

It would be one thing if West Virginia were an aberration in the politics of 2013. But it’s more like the extreme example of local preemption that’s seized state legislatures nationwide this year. States are stumbling their way from their own bitter complaints about federal meddling, and even outright defiance of federal authority, to imposing dictatorial mandates on the local governments with whom they’re supposed to work cooperatively.

Georgia’s a good example. In the legislative session that concluded this spring, the Republican legislature redrew the election lines of the state’s largest local jurisdiction, Fulton County, to create more Republican voting power in the county’s Republican-held north and fewer seats in the mostly black southern portion. Two black Democratic commissioners in the county’s south were forced into the same district, which will eliminate one seat. The legislature seized control of the largely Democratic county election commission and gave Republican Gov. Nathan Deal the power to appoint the county’s top election official.

Meanwhile, in neighboring and mostly black DeKalb County, Deal

s u s p e n d e d s i x m e m b e r s of the local school board and replaced them with his own appointees. Several of the members displaced are seeking reinstatement, and the law under which Deal acted is being challenged in court as unconstitutional. For next year, GOP legislators are readying plans to privatize many of the functions of the At lanta - run MARTA public transit agency. Why are they doing these things? The standard explanation is that the agencies were being mismanaged and obstructing political and administrative

reform.“We’re not trying to run the day-

to-day operations,” one proponent of the changes insisted to a reporter. “If it became a permanent meddling, I think that you would see some discontent.” But a Democratic legislator from Atlanta reacted to the DeKalb intervention by telling an Atlanta Journal-Constitution reporter that, “this is setting a precedent of the state doing major power grabs on city councils and school boards, as well as county commissions.”

N o r t h C a r o l i n a i s a n o t h e r interesting case. As the state’s financial, commerc ia l and cul tura l center , Charlotte has always played an outsized role in state politics. It has alternated between Democratic and Republican rule at City Hall. But in the past few years, Charlotte has been trending increasingly Democratic. The City and surrounding Mecklenburg County were among the few jurisdictions in North Carolina to support President Obama for re-election in 2012. Charlotte’s former Democratic Mayor, Anthony Foxx, is now the federal transportation secretary.

Still, conflict between Charlotte and the Republicans who dominate state politics seemed unlikely since the state’s new governor, elected in 2012, was Pat McCrory, himself a former Republican mayor of Charlotte.

DEVOLUTION AND ARROGANCE: STATES CAN’T RESIST BOSSING AROUND LOCALITIES

by Alan Ehrenhalt

To learn more, or to find an institution near you that offers ICS or CDARS, please visit www.ICSandCDARS.com.

CDARS and ICS are registered service marks of Promontory Interfinancial Network, LLC.© 2013 Promontory Interfinancial Network, LLC.

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To learn more, or to find an institution near you that offers ICS or CDARS, please visit www.ICSandCDARS.com.

CDARS and ICS are registered service marks of Promontory Interfinancial Network, LLC.© 2013 Promontory Interfinancial Network, LLC.

the peRfeCt SolutIon

Looking for security, return, and flexible access to funds?

With ICS® and CDARS®, your organization can access multi-million-dollar FDIC insurance on demand deposits, money market deposits, and CDs, all through a single bank relationship.

Safe Banking Solutions for public funds


McCrory came into office this year with an ambitious agenda focused on economic development and education. And, the legislators devoted attention to those issues. But what they spent much of their session arguing about, was how to take power away from Charlotte, the state’s largest city, and give i t to state and regional boards responsive to the state’s GOP leadership. Among the bills considered this year in Raleigh, were ones to deny Charlotte taxing authority to support a new sports stadium; to regionalize control of a local social services agency; to limit the City’s annexation and environmental enforcement powers; and to deny previously committed funds for expansion of the City’s light rail transit line.

T h e s e m o v e s g e n e r a t e d a n incredulous reaction even from some of the state’s most experienced and nonpartisan observers. “For years we heard conservatives say that the government closest to the people governs best,” the veteran columnist Rob Christensen wrote recently. “But they were talking about Washington. When it comes to Raleigh, they haven’t hesitated to use state power to advance their own agenda, even if it means disregarding local sentiment.”

And disregard local sentiment is just what they’ve done. The most egregious example in North Carolina this year was a legislative effort to take control of the Charlotte airport out of city hands and put it in the control of yet another regional commission. There were no significant allegations that the airport was being mismanaged, nor were there a large number of citizen complaints about service quality. The best that supporters of this blatant power grab could muster was the argument that a regional governing body can better prepare local aviation for 21st-century demands. No solid evidence for this proposition has been produced.

The airport coup was too much even for McCrory. He brokered a

compromise under which the airport’s future would be determined by a blue-ribbon panel dominated by members of the legislature. Not surprisingly, city officials turned this down. Until it was demonstrated that they had done something wrong, they argued that compromise was inappropriate. But shortly before the legislative session ended in late July, both the House and the Senate approved a bill to strip the City of airport control.

I sometimes advertise myself as a believer in devolution, but that’s not precisely correct. What I believe in is decision-making at the least exalted level possible. Except in extreme cases of constitutional defiance, Congress should defer to the judgment of the states. And states should defer to the judgment of cities and counties on matters that relate strictly to local affairs. I realize that what constitutes a state or local issue in this country is a subject of unending debate. But I find it distasteful for higher levels of government to throw their weight around, especially when they are making judgments based more on ideology than on the expressed wishes of the persons affected.

It could be that I believe these things so strongly because I’ve never been elected to any office above the neighborhood level. If I had, I might have been unable to resist sticking my nose into the prerogatives of the unfortunate government underneath me.

Just about every public official I know of has been unable to resist it. I used to admire the late Chief Justice William Rehnquist as an advocate of both devolution and the rights of lower-level government institutions. Then Rehnquist joined in the decision overriding the judgment of Florida’s elected Supreme Court in deciding the 2000 presidential election dispute.

Of all the significant concepts of democratic government, devolution may be the one with the greatest gap between theory and practice. It’s a

concept that goes back far beyond the founding of the American republic, to the medieval Roman Catholic Church, which held that doctrinal disputes should, whenever possible, be settled at the level closest to that of the individual worshipers. That was called subsidiarity. It still is. A secular form of subsidiarity remains a fundamental legal tenet of the European Union that honors it more in the breach than in the observance.

Perhaps, given the events of this legislative year, the time has come to stop mourning the hypocrisies of federalism and to start laughing at them. I was tempted to do this when I first read of the West Virginia home rule law. I had a similar reaction when I noticed that Missouri’s Legislature was simultaneously considering a bill that would nullify federal gun laws and another that would impose financial penalties on local governments that banned smoking. That was happening whi le Miss iss ippi enacted a law forbidding the state’s localities from restricting the consumption of sugary soft drinks.

In the end, there’s no simple way, perhaps there’s no way at all, to prevent governments from treating those below them as unruly children. Few of us like being ordered around; most of us very much enjoy ordering others around. When we hold political office, we have an opportunity to behave inconsistently in highly visible fashion. In a complex political system like the one that operates in this country, the key players practice a sort of Golden Rule in reverse: Do Unto Others as Somebody, One Rung Above, Has Just Done Unto You.

This ar t i c l e i s r epr inted wi th permission from Governing Magazine and may be found at http://www.governing.com/columns/col-states-want-autonomy-but-boss-localities-around.html

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GETTING MOBILE RIGHT: SIX STEPS TO SUCCESS IN GOVERNMENT

by William D. Eggers

TECH TALk

T here is enormous potential of mobile technology to engage citizens as partners

in transforming public services. Mobile government also can be a powerful productivity booster for the public sector. But the path from good idea to demonstrable results — especially when it comes to implementing a new technology across government—is littered with implementation failures.

I want to outline six steps that government agencies can take to realize the potentially enormous benefits of mobile, while avoiding the missteps of previous technology implementations.

Rethink business processes: To realize a big productivity impact from mobile tech, governments will have to change the work. Mobile can reach its potential when public agencies use it to redesign their business processes and eliminate steps altogether. Take Boston’s Street Bump app that uses the accelerometers of drivers’ smartphones to identify potholes and automatically report their locations via GPS. The app, in theory, could eliminate the need for engineers to painstakingly survey the city’s 806 miles of roadway and gather the data, accomplishing the same thing at less than half the cost. Technology deployed for a particular purpose can be modified for other situations: for instance, tweaking Street Bump’s algorithm to report where cars often speed through intersections or to predict where crosswalk paint has faded or lights are burnt out.

Define the problem you wish to solve: Productive organizations don’t “go mobile” for its own sake. They have a compell ing business objective that mobile solutions can further. Government agencies should analyze how mobile can address their specific challenges. When Michigan’s

Department of Natural Resources launched its mobile app for last-minute fishing licenses, it was solving a problem--the delay in recouping its money when licenses are purchased from third-party vendors. The agency is partially funded by user fees and cannot afford to let these fees linger in other people’s hands. The app made the licensing process quicker and more convenient for both the government and citizens.

Adopt a “mobile-first” approach: A mobile-first strategy means making mobile tech a priority, instead of an afterthought to fully capitalize on the medium’s growth and capabilities. It means leading with mobile apps and products, rather than treating them as enhancements or add-ons. When U.S. Environmental Protection Agency CIO Malcolm Jackson announced an agency-wide mobile-first policy, he emphasized that mobile access is rapidly becoming the primary way that people seek government information. “A lot of people cannot afford personal computers or Internet service,” he said, “but they can afford smartphones, and they do not leave home without them.”

A mobile-first policy should not apply only to new applications but also should require infrastructure designed to replace rather than duplicate existing processes.

Focus on user experience: Mobile apps are used differently

than traditional computer applications – while moving or standing (rather than sitting), often in areas with limited bandwidth or intermittent connectivity, and sometimes in harsh environments. This requires careful attention t o u s e r e x p e r i e n c e a n d design. Involving citizens and frontline workers in the design process can provide valuable end-user insights

for more effective applications. Factors such as ease of use, interface, appeal and functionality will play key roles in determining an application’s success. The approach should be to design apps that help large populations of regular users and are built around specific experiences.

Prototype, test, prototype again: In the “waterfall” development model that once dominated the world of software development, processes flowed steadily downward, from requirements to design to implementation to testing, and finally ending at maintenance. However, this meant that changes after initial deployment often proved cost-prohibitive. To overcome this, developers shifted to a model that allows for constant evolution through recurrent testing and evaluation – agile development. Agile assumes that we rarely get the design right the first time. Mobile-government implementation should look more like what we’ve termed “beta government:” rapid iteration and scaling to meet shifting needs and demands, through small prototypes and pilots, staged rollouts and allowance for small failures in an

Mobile technology can be a powerful tool for both productivity and citizen engagement, but there are implementation pitfalls to avoid.


attempt to avert larger failures later.Make mobile a source of security,

not a threat to it : When it comes shifting to mobile in government, the discussion quickly turns to the security risks associated with the rapid growth of mobile computing, including possible data leakage over unsecured Wi-Fi networks and privacy breaches due to mobile malware. Instead of being a threat, however, a mobile device can act as a powerful security key with the ability to verify identity, transmit encrypted data or enable access to a particular site or service. The private sector has already capitalized on this trend. For instance, Bank of America’s SafePass program provides an extra layer of protection to online banking by texting a six-digit, one-time access code to the user’s registered mobile device. It’s easy to imagine governments using similar mobile authentication techniques to securely deliver personally identifiable or sensitive information.

Government agencies aren’t the only organizations trying to adapt to mobile technology. Many private companies struggle with this as well. But if mobile is a challenge, it also is an opportunity: a chance for the public sector to start closing the productivity

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gap, reassess its business practices, boost its efficiency and renegotiate its relationship with the public it serves. Used right, mobile can transform government’s capabilities.

T h i s c o l u m n i s a d a p t e d f r o m William D. Eggers’ and Joshua Jaffe’s

new Deloitte University Press study, “ G o v o n t h e G o : B o o s t i n g P u b l i c Sector Productivity by Going Mobile.” http: / /www.governing.com/columns/mgmt-insights/col-mobile-technology-six-steps-success-implementation-government.html


I n the past , when c i t y e m p l o y e e s communicated their opinions, thoughts

and insight about their jobs outside of the workplace, the primary issues of concern for their employers were the placement of political signs in their front lawns, letters to the newspaper or bumper-stickers on their automobiles. With the explosion of Facebook and Twitter in the social media age, these issues seem almost charming in comparison. Now, almost every public employee has access to the world, and all their “friends,” through the use of PCs, tablets and SmartPhones. These devices provide them with instant access to platforms such as Facebook, Twitter, Instagram, LinkedIn, YouTube and Pinterest . They can project themselves, through words and pictures, across town, across the country and across the globe in a matter of seconds – without ever having to leave their desk.

In addition to the organized social media outlets such as Facebook and Twitter, many people use the “blogosphere” to communicate to the world. Blogs are sometimes overlooked as a source of on-line buzz as compared to other social networking sites. There are an estimated 31 million bloggers in the United States alone, so – in addition to snippets shared on a feed – many employees are posting what amounts to personal editorials on all aspects of their lives, including their work lives.

So what is a city or town to do now that social media has impacted so many aspects of the average municipal employee’s daily life, including their work routine? The shift in technology and social media in the public workplace gives rise to many legal issues for public employers and, although many of these legal issues are not “new,” they do manifest themselves in some

unique factual scenarios not previously considered by employers or by the courts. In fact, the court system is a bit of a dinosaur and struggles to keep up with the rapid developments in the day-to-day life of employees and their use of technology. This article will attempt to outline some of those legal issues and the options available to cities and towns when it comes to developing social media policies.

sOCial media use By emplOyers and emplOyees: WHaT’s THe Big deal?

It’s not just employees who use social media. Employers also access social media for a variety of purposes. Most commonly is the use in the hiring process. Many cities and towns use social media sites to post job openings. Some also use social media as part of the screening process for job applicants and in the on-going monitoring of existing employees. Screening and monitoring may consist of a simple Google search of the applicant’s or employee’s name to requesting or requiring access

t o p e r s o n a l s o c i a l m e d i a accounts. Public employers should be ex t ra caut ious w h e n u s i n g i n f o r m a t i o n gathered in this fashion and a v o i d u s i n g i n f o r m a t i o n f o u n d o n l i n e a g a i n s t a n applicant or employee when t h a t i n f o r m a t i o n c a n n o t o therwise be used in the hiring or employment process. R e g a r d l e s s o f w h e r e t h e information comes from, an employer cannot base hiring or employment decisions on race, religion or marital status – to name a few.

As of June 1, 2013, nine states have passed legislation l imi t ing in s ome way an employer’s ability to demand access to an appl icant or employee’s personal social media information. Arkansas,

California, Colorado, Illinois, Maryland, Michigan, New Mexico, Utah and, most recently, Washington have all passed legislation on this issue. Some of the laws provide that employers cannot require applicants or employees to turn over account information and cannot retaliate against those who do not, while others contain unique language, such as Washington’s, providing that an employer may not “compel or coerce an employee or applicant to add a person, including the employer, to the l is t of contacts associated with the employee’s or applicant’s personal social networking account.” Basically, employers in Washington cannot require that job applicants and employees become “friends” on social media.

So what ’s the big deal with employees using social media? The first thing that usually comes to mind is lost productivity. The simple argument is, every minute an employee is accessing social media, he or she isn’t “working.” With more than 600 million daily users of Facebook, it would be naïve at best for employers to assume their employees are not updating their status or checking

SOCIAL MEDIA AND MUNICIPAL EMPLOYEES: TWEET THEM RIGHT

by Lori Lein


the status of their friends during work hours. There are conflicting studies as to the effect, if any, that social media has on productivity in the workplace but it is a commonly held perception that it decreases work productivity. Yet, there also is an emerging perception that social media, for businesses with customer interaction, can actually improve productivity under the theory of “virtual co-presence” – the ability to collaborate and communicate with customers/others over long distances in relatively short, productive sessions to resolve problems, accomplish tasks or communicate to a larger audience at one time.

Completely banning social media in the workplace isn’t realistic in this day and age. First, many would argue that it is a complete morale killer and second, it’s impossible to enforce given the fact that most employees who have been banned simply resort to using their mobile devices to access social networks. It also begs the question: Is social media really more detrimental to productivity than other more traditional workplace activities such as the water cooler, standing in offices discussing the latest episode of a favorite TV program or taking a smoke break? Rather than jumping to a complete ban on social media usage for fear that it’s interfering with productivity, employers should consider focusing more on the work that’s getting done and address productivity concerns as they arise. While social media use may contribute to a productivity problem, the decline in the productivity of a particular employee may be more than just a social media problem.

Some other areas that can come up with regard to employee use of social media include content-based concerns such as potential damage to employer reputations by virtue of association, potential violations of anti-discrimination or harassment policies, release of confidential information and the potential for criminal conduct. With regard to criminal conduct, not only is there the risk of employees using municipal equipment to access illegal or inappropriate material, but also the risk of potential ethics law violations for using public property for personal gain.

firsT amendmenT issues

One of the first areas of the law that comes to mind when looking at public employees and their use of social media is the First Amendment to the United

States Constitution. “Free Speech” in the world of employment law is a loaded phrase. Private employers don’t have the First Amendment “free speech” concerns that public employers, such as municipalities, have because there is no constitutional duty for a private employer to accommodate, much less tolerate, the “free speech” of their employees. Public employers, however, do not have that same luxury. The First Amendment to the United States Constitution, which provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” has been held to apply not only to the United States Government but to state and local governments as well.

Action on the part of a public employer that “chills or curbs” an employee’s freedom of speech may be found unconstitutional as violating an employee’s First Amendment right to free speech. One of the most “chilling” things that an employer can do to an employee is to retaliate against him or her for personal expression. In order to establish a claim for retaliation under the First Amendment, an employee must show three basic things:

• First, that their speech can be fairly characterized as speech made a s a c i t i z e n (rather than as an employee) re la t ing to a matter of public concern; • s e c o n d , t h a t h i s o r h e r i n t e r e s t s a s a c i t i z e n outweigh the i n t e r e s t s o f t h e p u b l i c e m p l o y e r i n p r o m o t i n g the efficiency o f p r o v i d i n g public services t h r o u g h i t s employees; and• third, that the speech played a substant ia l or motivating r o l e i n t h e

public employer’s decision to take adverse employment action against the employee. See generally Pickering v. Bd. Of Education , 391 U.S. 563 (1968).; Connick v. Meyers, 461 U.S. 138 (1983); Garcetti v. Caballos, 547 U.S. 410 (2006).

Whether it is a speech made on the street or on Facebook, courts will evaluate cases by asking a series of questions relating to the balancing test between the employee’s and the employer’s interests. Arguably, the most important question is “what is the nature of the topic the employee spoke (Tweeted?) about?” If the nature of the matter involves issues of “public concern” relating to a political, social or other community concern, then all kinds of red flags should go up before even considering adverse employment action against an employee.

While there is not a standard “test” for what is a matter of public concern, some courts look to whether the information shared by the employee helps the community make informed decis ions about the operat ion of government. One court has held that “unlawful conduct by a government employee or illegal activity within a governmental agency is a matter of public concern.” Thomas v. City of Beaverton, 379 F.2d 802, 809 (9th Cir. 2004). Not of public concern are issues relating to individual personal disputes and grievances that are not relevant to the public employer’s operations or


performance. See Connick, supra.First Amendment analysis in the

area of public employee communication is not an exact science and if there is any takeaway for the public employer, it is that before taking any action against an employee for comments they have made through social media (or traditional media outlets), the employer should consult with its attorney to carefully evaluate whether the speech is protected speech under the First Amendment.

OTHer legal issues

I n a d d i t i o n t o t h e F i r s t Amendment, social media use by public employees also touches on other areas of the law that municipal employers need to be mindful.

First is the issue of privacy that touches on the Fourth Amendment to the United States Constitution. The Fourth Amendment provides that the “right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated …” Many people associate the Fourth Amendment with criminal searches and seizures; however, it goes beyond the

sphere of criminal investigations and applies when the government acts in its capacity as an employer – as such, public employees are protected by the Fourth Amendment.

The U.S. Supreme Court has not settled on a clear standard by which we can judge when a search is unreasonable in the employment context. The plurality in the leading case, O’Connor v. Ortega, 480 U.S. 709 (1987), instructs that courts should first determine whether, in light of the “operational realities of the workplace,” a public employee has a reasonable expectation of privacy. If not, then the Fourth Amendment would not apply. On a very specific set of facts following the O’Connor case the U.S. Supreme Court held that a police officer did not have a reasonable expectation of privacy when sending messages on a government issued pager. City of Ontario v. Quon, 130 S.Ct.2619 (2010). Even with this holding, however, the Court provided no helpful guidance for similar cases in the future, declining to decide whether the Fourth Amendment provides any reasonable expectation of privacy in the technological context. The advisable route is to have a policy making it clear to employees that they do not have an expectation of privacy when using publicly issued equipment such as computers and cell phones.

Another area of the law for municipal employers to be aware of as it relates to employees and social media, is the Stored Communications Act found 18 U.S.C. §§2701-2711 that prohibits the unauthorized and intentional access of stored electronic communications, including unauthorized access to third party email service and unauthorized viewing of a password protected website. An exception to this prohibition is where access is authorized by the provider or by the user of the website. The fact that the employee uses an employer-provided computer, in and of itself, does not amount to consent or authorization. As such, it is advisable for public employers to adopt a clear policy providing that personal business on public equipment is prohibited and that activity on public equipment will be monitored.

Municipal employees seeking to monitor employees also should be aware of the Fair Credit Reporting Act that imposes notice and disclosure requirements on employers who seek consumer reports from third party agencies that assemble information

on a person’s “credit worthiness … character, general reputation, personal characteristics or mode of living.” 15 U.S.C. §1681a, subdiv.(d)(1). What this means is that before utilizing such a third party service to evaluate employees or new job applicants, an employer must disclose that it is seeking a report and must seek the employee’s or applicant’s consent to seek the report. Further, if an employer takes an adverse employment action as a result of such a report, it must provide a copy of the report to the employee or applicant upon their request. Websites that compile personal information about individuals from public records and social media outlets may fall within the Fair Credit Reporting Act’s coverage.

And las t , but ce r ta in ly not least, employers, public and private, need to be aware of the National Labor Relations Act (NLRA) and the enforcement activities of the National Labor Relations Board (NLRB) in the area of regulating employees and their social media access and use. Under the NLRA, employees who act in concert with each other to “address the terms and conditions of their employment” may not be disciplined or discharged for their activity. The NLRA applies to union and non-union employees.

Recently, the Office of General C o u n s e l f o r t h e N L R B i s s u e d memoranda reports on social media cases dealt with by the board. It is the NLRB’s position that social media policy that prohibits any references to “terms or conditions” of employment violates an employee’s rights to engage in protected activity under the NLRA. Very broadly drafted policies will likely run afoul of the NLRB’s view of the protections provided by the NLRA. For example, the NLRB has found that a policy which provides that social media posts regarding the employer must be “completely accurate and not misleading” is overbroad because it would reasonably be interpreted by an employee to apply to discussions about, or criticisms of, the employer’s policies and its treatment of employees. Extreme care must be used when developing social media policies and public employers need to be aware of the current guidance from the NLRB.

dO We Have a pOliCy fOr THaT?So it’s fairly well established

that employees are most likely going to access some form of social media

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in the course of their employment – either personally or professionally. This then begs the question: “Do we have a policy for that?” A social media policy for city employees should go beyond “play nice” and “don’t post anything that would cause your mother to blush.” Municipalities should start the process of developing a policy by giving consideration to how social media will be used:

• Official Use, for the express purpose of communicating the municipality’s interests;

• Professional Use, for the purpose of furthering specific job responsibilities or professional duties; and

• Personal Use, for the personal interests unrelated to job duties for the municipality.

First and foremost, a social media policy must make it clear to employees that they have no expectat ion of privacy or confidentiality when they use any public equipment, including computers and cellphones. A policy should include language that the employer has the right to access and monitor its computers, equipment and systems without warning or any specific notice to the employee. Employees must understand that what they say and do on public equipment may be subject to disclosure and that the employer has the right to back up anything, even if deleted by the employee. Employees need to understand that this can include any personal emails sent using public equipment, even if they are encrypted.

As with any employee policy, it should be clear and understandable. It should include definitions which are broad enough to cover future expansion and include specific examples of devices covered by the policy (cell phones, computers, tablets, pagers, etc.) and make it clear that any device provided by the employer to the employee is intended to be covered by the policy. Along these same lines, a policy should include specific examples of social media outlets and activities that are covered but, again, it should be worded to allow for other social media outlets that may come on the scene after adoption of your policy. Some other important considerations include:

• Encourage the use o f good judgment;

• Make it clear that other employment policies apply in the context of social media use (such as policies against discrimination and harassment);

• Consider requiring a request for

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access to social media from employees who have official or professional need to utilize social media on behalf of the public employer.

As with any employee policy, public employers should provide training on the policy – and the training should be mandatory. And, perhaps most importantly, any policy should exercise the appropriate amount of control without appearing, in words or in practice, to go beyond the public employer’s legitimate interest. A policy also should have a savings clause relating to the protected activity of the NLRA such as “nothing in this policy will be interpreted or applied in a manner that interferes with employee rights to organize, form, join, or assist labor organizations, to bargain collectively through representatives o f t h e i r c h o o s i n g t o t h e e x t e n t allowed by law, or to engage in other concerted activities for the purpose of addressing the terms and conditions of employment.” While it might not completely save your policy should it be challenged, it is important to make the effort to alert employees that the social media policy is not attempting to restrict their rights.

WHaT’s THe BOTTOm line?The bottom line is that social media

policies are loaded with danger for employers and should be approached with extreme caution and care, and certainly should not be established without the advice and assistance of the

city attorney. After adoption, it also is vital that the city attorney be consulted and involved in any enforcement of a social media policy. The totality of the circumstances surrounding the social media communication must be carefully evaluated before deciding on any action under the policy. The city attorney will be able to advise whether or not an employee has engaged in protected conduct or speech. And lastly, it will be vital to enforce any policy in a consistent manner from one incident to the next.

Lori Lein serves as general counsel for the Alabama Municipal League. She works closely with the League’s state and federal legislative agenda and is a frequent speaker on issues relating to municipal law in Alabama. Originally from Las Cruces, New Mexico, she received a bachelor of science degree from Auburn University’s College of Engineering in Textile Management and Technology in 1992 and then returned to New Mexico and earned her law degree from the University of New Mexico School of Law in 1996. She is licensed to practice law in Alabama, New Mexico and Colorado. Additionally, she is a member of the International Municipal Lawyers Association (IMLA), the Alabama Association of Municipal Attorneys (AAMA) and the American Bar Association. This article first appeared in the August 2013 issue of The Alabama Municipal Journal and is reprinted with permission.


How can a d r i n k i n g water or

wastewater system in a rural community become more energy-efficient, and at the same time, reduce its operating budget? There are a few quick answers and easy targets in the pursuit to conserve energy. However, as with most changes to procedures, there are caveats and a few potential hazards lurking that you must take into account should you decide to address your energy usage. Here are five areas to focus your efforts on in order to have an effective energy-reduction program.

But before we get to that list, you may be hesitant and a little wary of scams, schemes and unrealistic projections when energy efficiency is mentioned. Some of these things do exist, and some communities have made poor decisions. However, by understanding your facilities and your energy usage, you can make good decisions and implement positive changes for your community.

1. undersTand yOur CurrenT energy use By BenCHmarking

B e n c h m a r k i n g i s s i m p l y determining where you are at the moment. You must first know where you are in order to determine how you will get to where you want to be. How much energy are you using? Where are you using it? What are your costs for energy right now?

You will need to collect and ana lyze b i l l ing in format ion and budget data over a 12- to 24-month period to identify trends and habits. Additionally, you can establish key performance indicators (KPIs), such as cost per kilowatt-hour; kilowatt-hour per million gallons; cost per hour of street lighting; and kilowatts per fixture. These allow for apples-to-apples comparisons with potential alternatives and modifications.

T h i s p r o c e s s c a n b e t i m e -consuming, but there are tools and guides to help you do it yourself. The U.S. Environmental Protection Agency released a free benchmarking tool this summer at www.engergystar.gov/newportfoliomanager.

I n a d d i t i o n , m a k i n g y o u r employees aware of the cost of energy in your facilities typically leads to more conscientious and efficient energy behavior, and thus energy reduction and savings. The sharing of information can empower your employees and open the lines of communication.

Teamwork is the cornerstone of every successful project, and energy efficiency is no exception. While there may be hesitation to share billing and account information with the field crews and operators, this cooperation between the office and the field crews can reap rewards for the bottom line.

2. sHed ligHT On yOur TeCHnOlOgy and lOCaTiOn Of fixTures

By now most of us are aware of new lighting technologies, including: compact fluorescent lights (CFLs), l ight -emit t ing diodes (LED) and

halogen. There is legislation to discontinue the manufacturing of some incandescent light bulbs, with 100-watt bulbs ceasing on Jan. 2012, 75-watt bulbs ceasing on Jan. 1, 2013 and 60-watt bulbs ceasing on Jan. 1, 2014.

Y o u c a n a d d r e s s replacing incandescent bulbs in your facilities. They can be replaced all at once or as they burn out. Pay special

attention to the lumen output and the correlated color temperature (CCT) for your replacement bulbs to ensure a good quality of light. Also, CFL bulbs contain small amounts of mercury, so in the event of a breakage, there are safe cleanup and disposal procedures to follow.

On a similar scale, every facility should address the replacement of older, overhead 4-foot T-12 fluorescent

fixtures (magnetic ballast and bulbs) with more efficient technology, such as T-8, T-5 or even LED. Legislation has stopped the manufacture of the energy-hungry magnetic ballasts as of July 2010, although they may still be for sale. Replace these with the more efficient electronic ballast that can save more than 20 percent of the energy used.

Moreover, current legislation calls for the popular T-12 fluorescent bulbs to no longer be manufactured beyond 2015. Each system will need to address its lighting needs to suit its planning goals.

Another easy lighting step is to replace incandescent exit signs with LED exit signs that will lead to consistent savings due to their 24-hour operation. A typical incandescent exit sign uses approximately 30 watts, while an LED exist sign uses only about 2 watts. There are simple and inexpensive conversion kits for around $15 to help make the change.

Most communities have exterior lighting for their buildings, parking lots, sidewalks and streets. There are retrofit fixtures and bulbs to reduce the energy consumption of most types of fixtures.

FIVE THINGS YOU CAN DO TO SAVE ON ENERGY IN YOUR UTILITY

by Scott A. Strahley


It is important to note that lights are designed to illuminate the roadways, crosswalks and other important areas, and they cast their light in a controlled, designed pattern. Deviation from this design may affect the illuminated areas (create dark spots), potentially putting pedestrians, vehicles or other items in harm’s way. Be sure to not decrease safety or security while trying to decrease energy consumption.

And lastly, you can install lighting controls, including motion sensors, light sensors or even simple timers. The savings comes from using fewer kilowatt-hours for shorter periods of time. Identify the proper control for the right space to assure effective usage. There was a case where a motion sensor was installed in a restroom and a user got stranded while sitting in the stall as the sensor did not detect any motion. Be sure to consider potentially embarrassing or impractical situations like this!

3. HvaC: WHaT is COmfOrT?H e a t i n g , v e n t i l a t i o n a n d

air conditioning serve many roles, including: climate control for comfort, humidity control for equipment and personnel, and air quality for safety and

the work environment. You must take these functions into account before you modify settings or working parameters.

P o t e n t i a l e n e r g y - s a v i n g opportunities include adjusting the thermostat slightly during working hours and adjusting the thermostat significantly during non-working hours. A rule of thumb is that by adjusting the thermostat 10 degrees for 10 hours, it is possible to save up to 10 percent of your energy use. It is important to respect the comfort levels of your employees who work inside. Proposed temperature changes can affect their attitudes and level of satisfaction with the workplace and those are a few heating or cooling dollars worth spending.

An important physical aspect of HVAC controls and operations includes the building envelope, the building orientation and the existing equipment. A dark roof or structure will absorb more heat than lighter-colored ones. Windows allow for higher heat transfer than solid walls. Focus on proper insulation, minimizing structural air gaps, addressing the use of doors and windows, providing regular service and maintenance of the filters and equipment, and even the replacement with more efficient equipment. These

will all help to manage the HVAC system efficiency.

HVAC opportunities typically have very long paybacks, even with ut i l i ty company incent ives . I t i s important to understand the full scale of the proposed work. You should evaluate whether immediate action or possibly waiting until equipment fails, is the most prudent and economical path forward.

4. WaTer prOduCTiOn: THe COsT fOr Clean WaTer

Whether you have a groundwater or surface water system, the treatment processes are relatively similar. You treat the water, store it and then distribute it. Your water-production facilities are full of capital-intensive assets, from the clear well to the storage tank, and including the pipe network and appurtenances.

The largest energy users in these systems are the pumps, accounting for approximately 85 percent of the costs. You can replace pumps with high-efficiency models or use combinations of pumps to better meet the actual pumping volumes. It also is important to address your system pressure, your time of use, check for throttled valves,

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consider average speed drives, and to review your controls.

Brand new water systems are tested and allowed to have minimal leakage. As time passes, these leaks and potentially new leaks can and do become larger, and water loss increases in the system. A community should track and understand how these losses impact the design and operation of the water facility. It may be more prudent to address water loss rather than upgrading and increasing the water treatment pumps and tanks. Water quality is paramount and cannot be compromised to save a few dollars.

5. WasTeWaTer TreaTmenT: energy TO eliminaTe WasTe

There are many different types of wastewater treatment plants and designs, and typically the largest energy users in a system are the pumps and aeration systems. It is crucial to first understand the operations and the design of the pumping system before any changes are recommended or implemented. It is very common for pumping systems to be very inefficient, so the potential for savings is most likely present.

Significant modifications may

require regulatory review and may need professional design as well.

Other opportunities for energy savings in wastewater treatment are in solids management and also include the use of variable-speed drives and automated controls.

The area that is most likely to result in significant savings is the overall operations of the facility. While most rural wastewater systems are overdesigned and under-performing, it is important to understand why these conditions exist. Some communities anticipated growth and have instead experienced a population and industry reduction. Keep in mind that systems are designed for peak flow conditions, so the typical daily operating condition is not the design parameter to drive your modifications. It also is very important to maintain permit and discharge requirements along with operations and process constraints.

COnClusiOn Of THis arTiCle, BuT Only THe Beginning Of yOur prOCess

It is important to note that this list and article are only tips and suggestions and, by their nature, are not meant to be comprehensive or an exhaustive

process for evaluating the potential energy savings in your system. This article is mainly to give you areas to start considering in a longer, more systematized process. The best way to become educated and initiate this process is to start with an energy audit.

There are many sources for audits, along with a variety of costs. You are encouraged to explore the options for energy audits and evaluate the auditor’s experience and qualifications. P a y p a r t i c u l a r a t t e n t i o n t o a n y contract-related requirements for your community that may follow the audit. You also should compare not only the potential for savings but also the cost of changes, the payback period, the possible funding mechanisms, the potential for financial incentives, and the urgency of the proposal.

Contact the Rural Community Assistance Partnership (RCAP) field staff member in your state for assistance with these options and opportunities at www.rcap.org/regions.

Scott A.Strahley, P.E., C.E.A., is an engineer for Ohio RCAP, which is part of the Great Lakes RCAP.This article reprinted with permission from Rural Matters, Issue 1, 2012.


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1. reCOgnize THe realiTies Of puBliC serviCe.

Being an effective elected city official requires much time and effort on your part. Most elected officials, regardless of their form of government, will find they are a public servant full time. Expect to spend a significant portion of your time attending to your duties – attending city counc i l mee t ing s and o t her meetings, reviewing reports and other materials, meeting with constituents and attending various functions in your official capacity as mayor or councilmember.

As an elected official, you can expect to be contacted at all hours by citizens – making complaints, seeking assistance and seeking personal favors. Additionally, you can plan to give up certain aspects of your privacy. The elected official truly lives in a fishbowl. Accordingly, your actions, however uneventful they may seem, may be subjected to close public scrutiny. Remember that anything you say or do may appear in the newspaper, the evening news or on the Internet.

2. undersTand yOur rOle as an eleCTed CiTy OffiCial.

It is very important that all city officials, both elected and appointed, understand their roles in the city’s organizat ion. You should clearly understand the roles, lines of authority and limitations of the following city officials: the mayor; the city council; the city manager or administrator, if any; the city clerk; the city attorney; and the city’s department heads.

3. dO yOur HOmeWOrk. Follow the Scouting motto: “Be

prepared.” Read your city’s charter or ordinances and written policies, along with any reports that the city staff may provide. In other words, be prepared and informed before making statements, asking questions or voting on an issue.

Be sure to read the agenda packet carefully prior to each council meeting. The agenda generally contains background information on items that are scheduled for consideration at

the next council meeting. Becoming familiar with this information prior to the council meeting should assist you in making more informed decisions at the meeting.

4. familiarize yOurself WiTH and learn as muCH as pOssiBle aBOuT yOur CiTy’s OperaTiOns.

For example, find out why the city’s sanitation charges are so high, why the city’s recycling participation rates are so low, and/or how much it costs to repair a sidewalk or a pothole. What about wastewater? Do you know what happens to wastewater when someone flushes a toilet in your city? Is your city’s wastewater treatment plant in compliance with applicable regulations?

An examination of the city’s budget will identify the city’s major sources of expenditures and revenues. The city manager, as well as the city’s department heads, can provide valuable information concerning the city’s operations.

Finally, learn as much as you can about the important issues that presently affect your city and surrounding areas. Are there problems with crime, traffic or water supply?

5. use yOur perspeCTive. Once you have become acquainted

wi th your respons ib i l i t i e s , i t i s imperative that your new perspective is uti l ized to better communicate issues with your constituency. Being a freshman, you may have a better understanding of the citizens’ needs and concerns and may be better able to express them.

6. ask quesTiOns. dOn’T Be afraid TO ask quesTiOns.

The adage that you learned in first grade, “The only dumb question is the one not asked,” is true. Remember that some elected officials may have more experience and might not ask as many questions. Also, other elected officials may have the same questions as you but may not be willing to ask them. Don’t let the fear of asking a “dumb” question deter you in your efforts to become a more informed and a more effective elective official.

7. dOn’T make prOmises yOu Can’T keep.

Since legislative decisions require the approval of a majority of the city council, it may be difficult to sell your plan to the numbers of councilmembers needed for passage.

For example, making a promise during the campaign that you will reduce the city’s water rates or fire the police chief might help you win the election. However, without the support and affirmative vote of a majority on the city council, such promises may never come to fruition.

8. dOn’T Try TO please everyOne. It is impossible to please everyone.

Accept this fact and move on to more important issues.

9. learn yOur alpHaBeT. P u b l i c h e a r i n g s o n s u c h

controversial issues as land use or zoning changes will sometimes fill the council chambers with fearful or angry residents who are opposed to the issue under consideration. Some of these residents may be better characterized by an alphabet soup of acronyms, including the following:

• NIMBYs – Not in My Back Yard• CAVEs – Citizens Against Virtually

Everything• BANANAs – Build Absolutely

Nothing Anywhere, Near Anything

Please note that the NIMBYs, CAVEs, and BANANAs can offer valid concerns, and they also can

50 SURVIVAL TIPS FOR ELECTED CITY OFFICIALS


conduct research and provide valuable information that can assist elected officials with their decision-making processes. With a little effort, you should be ab le to recognize the difference between legitimate concerns and irrational fears. Remember that your job as an elected official is to represent the entire city, not just a particular block or subdivision.

10. Try TO Be as COnsisTenT as pOssiBle in making deCisiOns.

Consistency is the best policy when making decisions. Be wary of setting precedents and rely strictly on policy.

11. dOn’T Be afraid TO say, “i dOn’T knOW.”

Even if you “do your homework” and become familiar with your city’s operations, as recommended above, it is impossible to know everything about a city’s operations, employees and finances. If a constituent (or anyone else, for that matter) asks you a question and you don’t know the answer, have the courage to say so – but offer to find out the answer.

12. paCe yOurself. It is impossible for you to learn

the workings of your government overnight. You may find it difficult to juggle the multiple tasks you have recently inherited, but it is crucial that you allot time in your schedule for studying the issues.

13. ask fOr OpiniOns and lisTen.Listen to everyone, including your

adversaries and those having opinions that differ from yours. Be open to new ideas and suggestions.

14. draW THe line. Never let differences of political

opinions cross over into personal a t t a c k s . R e s p e c t t h e s e a t s y o u r colleagues occupy, and remember they were elected by the citizens.

15. adHere TO yOur CiTy’s fOrm Of gOvernmenT.

Don’t bypass the system. Know the state law governing your city and/or your city’s charter! They are the city’s fundamental law.

In Missouri, municipalities have a variety of forms/structures for the local government from council manager to mayor-council to city commissioners.

Reading and understanding the state law, your city’s charter, or ordinances and written policies will help you in determining your role as an elected official. If state law, your city’s charter, or ordinances and policies do not provide an administrative role for you in the city’s operations, don’t meddle in the day-to-day administration of the city.

If your city has a city manager or equivalent, let that individual serve as a liaison between the city’s

staff (department heads and others) and the mayor and council. Among the manager’s many responsibilities is supervising the city’s department heads. This is impossible if the city’s department heads and other staff are answering to several bosses (that is, the mayor and council). Therefore, all complaints from the mayor and council should come through the city manager.

If your role is strictly a legislative one, concentrate on setting policy to the best of your ability, and let your

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appointed administrative staff perform the jobs that the city is paying them to do, and then hold them accountable.

16. insisT THaT OTHers adHere TO yOur CiTy’s fOrm Of gOvernmenT.

Don’t let others (elected officials, city employees, citizens, etc.) bypass the system. Insist that they adhere to your city’s established procedures (regarding complaints, personnel issues, and so on). Additionally, insist that vendors, applicants for employment, etc., adhere to the city’s established procedures.

17. reCOgnize THe value Of TeamWOrk and COnsensus Building.

City councils whose members work together as a team, respect each other’s right to have a different opinion, and “agree to disagree” are probably more ef fect ive and can probably accomplish much more than councils whose members spend the majority of their time engaged in grandstanding, fighting and back-stabbing. Remember, you are only but one vote; everything depends on teamwork.

An annual p lanning re t rea t provides an excellent opportunity for the mayor and council to get to know each other better and, hopefully, build an effective working team. At this time, you can get to know what type of personalities you are surrounded by, extroverts or introverts. This may help explain the different approaches that your colleagues may take when discussing and reviewing an issue. The use of an experienced facilitator during the retreat is strongly recommended.

18. rememBer THaT THe COunCil sHOuld speak as One vOiCe.

The city council possesses its power as a group. Once a vote is taken, the council has spoken. Once a decision has been made by the city council try to be supportive of it, even if you personally don’t like the decision.

19. praise in puBliC, CriTiCize in privaTe.

In order to form great working relationships with the mayor, council, and staff, it is of the utmost importance that you respect them both in public and in private. Don’t use the media or public meetings to show disrespect to your colleagues or staff. People are more likely to receive criticism better in private then in front of an audience.

20. graTiTude. Always remember to show your

appreciation to your staff for their hard

work and dedication to the well-being of the city.

21. never engage in gOssip. Do not allow constituents to

approach you with rumors concerning the mayor or council. As the Jewish proverb states, “What you don’t see with your eyes, don’t witness with your mouth.”

22. seT gOals. Early in l i fe , we learned the

importance of setting goals. We also learned the importance of setting realistic goals. Don’t expect to conquer the world over night. Even after setting realistic goals, you might not achieve anything you set out to accomplish your first year. Consensus building plays a strong role in whether or not you will be able to achieve your political aspirations.

23. Try nOT TO reinvenT THe WHeel. There are actually few new ideas.

Your city’s most recent innovation has probably already been implemented in other cities. Before beating your head against a wall trying to be creative or innovative, find out what other cities are doing. In addition to learning about other cities "success stories,” the “lessons learned” by cities who have experienced problems with various programs or services will be invaluable. Why repeat someone else’s mistake, when you can repeat their accomplishments?

24. use THe resOurCes THaT are availaBle TO yOu.

Don’t panic, help is available! There are numerous organizations and agencies offering assistance to local governments (visit www.mocities.org and click on “Member Only Resources”).

O f c o u r s e , t h e M i s s o u r i Municipal League (MML) is available to serve you. MML offers numerous services to member cities: legislative representation, inquiry service and information, a number of valuable publications, and conferences and training opportunities throughout the year (see tip 25). The League also provides a variety of services for the 122 affiliate organizations that represent specific professional disciplines. The MML website (www.mocities.org) and magazine, The Missouri Municipal Review, are good sources for information on all of MML’s services. MML staff is always ready and willing to assist your city; just call 573-635-9134.

25. reCOgnize THe impOrTanCe Of Training.

Take advantage of the excellent training programs offered annually to elected city officials in Missouri by the Missouri Municipal League—the Annual Conference and Exhibition, t h e L e g i s l a t i v e C o n f e r e n c e , t h e Elected Officials Training Conference, online training and numerous other workshops. New this year, the MML has implemented the Municipal Governance Institute – officials can become certified local government officials in Missouri. These programs provide excellent opportunities for you to network with your peers, exchange ideas, share common concerns, and sharpen your skills as a city official.

Addi t iona l ly , recognize the importance of training. While state law requires that certain city employees (police officers, firefighters, water and wastewater treatment operators, etc.) receive training annually, most of the available training opportunities for elected and appointed officials are voluntary.

Some elected officials are reluctant for their cities to spend significant resources on training because they fear that their city might become a “training ground” for employees who may leave the city for better paying jobs elsewhere. Unfortunately, this problem does exist. However, the benefits of having a trained, professional workforce cannot be overstated.

26. praCTiCe WHaT yOu Have learned.

Once the class is over, take the information you have gained and apply that knowledge to your everyday life. By using the information, you will be able to perform at a higher level, thus demonstrating to others the importance of training for city officials.

27. learn frOm OTHer experienCed OffiCials.

Identify an experienced, wise city official (not necessarily from your own city) who would be willing to serve as a mentor. It is strongly encouraged that you form relationships with city officials throughout the state, especially those with similar populations and who are facing some of the same issues that your city faces. It also is important that city officials look to other cities that have accomplished the goals that they are now trying to attain. Receiving quality advice from city officials, regardless of your time in office, could possibly


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prevent you and your colleagues from making needless errors.

28. revieW and undersTand THe missOuri Open meeTings and reCOrds aCT.

If you never understand any other laws, make sure that you are familiar with these two. Under the Open Meetings and Records Act, the general rule is that every regular, special or called meeting of a governmental body, including a city council and most boards and commissions (depending on membership and authority), must be open to the public and comply with all the requirements of the law. Penalties for violating the law range from having the action voided to the imposition of fines.

Under the Missouri Open Meetings and Records Act, the general rule is that any member of the public has a right to access almost all information that is collected, assembled, or maintained by or for a city. The Act applies to all city records, regardless of format, and violations of the Act may invoke criminal prosecution.

For more details, copies of the Missouri Attorney General’s Sunshine Law Handbook is available by visiting the Missouri attorney general’s website at www.oag.mo.gov or by call ing Missouri Municipal League at 573-635-9134 and requesting a copy.

29. avOid THe COnfliCTs Of inTeresT.

Mayors and councilmembers are expected to avoid involvements that put their own personal interests at cross purposes with those of the public. In most cases, good judgment is enough to keep city officials within the bounds of propriety. There are, however, state laws governing the behavior of city officials. Specifically, Chapter 105

Missouri Revised Statutes addresses the issue of conflicts of interest; it will be helpful for you to familiarize yourself with these laws. In addition, a city’s charter and/or ordinances may have more stringent requirements.

30. sTay fOCused. Your constituents expect you

to perform the job they elected you to do. Do not lose s ight of your commitment to your community. You will be bombarded with requests from family, friends, associates and business leaders that may or may not be ethical. However, it is important to remember that the voters trusted you to represent their well-being, and ultimately, you will be the only one who has to answer to your electorate.

31. reCOgnize THe impOrTanCe Of inTergOvernmenTal relaTiOns.

I n t e r a c t i o n w i t h o t h e r governmental officials at the local, state and national levels can be extremely important to your city. At the local level, it is important that your city communicate with other city and county officials.

Effective communication with state legislators also is important, since the Missouri State Legislature passes numerous pieces of legislation every year that impact local governments. While the Missouri Municipal League has a legislative staff that can give state lawmakers the facts about how an issue will affect cities, it is from you, a fellow elected official (and their constituent), that legislators learn how proposed legislation might affect the citizens back home.

How can city off icials lobby effectively with their state legislators? While personal interaction is usually the best approach, it is often difficult to personally meet with your legislator

during the legislative session. However, telephone calls, emails and letters are effective methods of communicating with your legislators.

32. COmmuniCaTe! rememBer, COmmuniCaTiOn is THe key TO any HealTHy relaTiOnsHip.

Don’t be afraid to express your concerns or feelings regarding an issue. However, when speaking to others, always remember to be polite. Like the saying goes, “You can catch more flies with honey than you can with vinegar.”

33. dOn’T fOrgeT yOur COnsTiTuenTs.

Once upon a t ime, you were a constituent. It is important that you remember the level of respect you demanded as a voter . Your constituency expects you to understand their problems and issues and to be genuinely concerned about their well-being. Never forget who put you in office, because they will not forget you on Election Day.

34. live up TO yOur OffiCial respOnsiBiliTies.

Since being elected to office, you probably have gained a better appreciation for those who serve. Attending every event you are invited to may be impossible. It is, however, strongly suggested that you attend every counci l meeting scheduled during your tenure.

35. seek feedBaCk frOm COnsTiTuenTs.

Remember to seek out answers from your constituents by making personal calls, attending backyard barbeques and community picnics, and/or making house calls. They expect you to vote to protect their community for generations to come.


36. COnTaCT infOrmaTiOn. Let your constituents know

the best means of contacting you (e-mail, social media, snail mail or phone). Always remember that you were elected to represent the public, rather than to hide from them.

37. alWays respOnd TO THe vOTer.

As an elected official, it is your responsibility to respond to any phone calls, letters, emails or other forms of communication you may receive from your constituents. It may be time consuming, but in the end, the voters will applaud you for your effort and your willingness to attend to their needs and concerns.

38. never leT THem see yOu sWeaT. At some point during your term,

you may find yourself being attacked by the citizens, business community or reporters. But remember, it is always better to take the high road. As a public official, you have become a role model for your entire community. You should remain level headed at all times. People are watching, and that includes the future leaders of your community.

39. WHen in dOuBT, gO fOr mOdesTy.

A c c o r d i n g t o W e b s t e r ’ s Dictionary, “modesty” means “freedom from conceit or vanity.” The people elected you as mayor or to the city council because they felt a connection to you and your vision for the city. If they perceive that you have changed and your behavior is no longer in line with your performance as a candidate, they may lose faith in you. You may possibly become just another “politician” in their eyes and not the public servant they elected. When serving the people, always remain a humble servant.

40. Be speCifiC. Once you have l earned the

issues affecting your city, it is your responsibility to articulate the needs of the city to your state legislators. It is important that you help them to understand where your city stands on each individual issue so that they may vote or act accordingly.

41. iT’s nOT aBOuT geTTing even! Remember that speeding ticket

you received prior to taking office? Well, this is not the time to get even. Do

not use your role as an elected official to make political or personal attacks on anyone you feel wronged you before or after taking office.

42. rememBer WHy yOu ran fOr OffiCe and WHOm yOu serve.

Remember to not get caught up in all the hype. As an elected official, your sole responsibility is to serve the people to the best of your ability. You obviously ran for office because you believed that you had something good to offer to the people. Now that you’re in office, the people expect you to work solely for the betterment of their community.

43. aCT in an eTHiCal manner. M a n y e l e c t e d o f f i c i a l s a r e

confronted with ethical dilemmas daily. To help you have a better understanding on what approach is best taken when facing these sometimes unavoidable situations, resources are available on the MML’s website at www.mocities.com. MML also has an online class available called Ethics Training For Local Government (www.mocities.com/?page=onlinetraining).

44. dO THe rigHT THing. Always strive to do the right thing,

regardless of popularity. Remember, that which is r ight is not always popular, and that which is popular is not always right.

45. COnsulT WiTH and fOllOW THe adviCe Of THe CiTy aTTOrney.

We cannot overemphasize the importance of talking to your city attorney before addressing the complex issues impacting your city.

46. WOrk WiTH yOur media OuTleTs. Inform the newspaper and other

media of every possible thing you are doing, and get their feedback and input.

Invite them to your work sessions, and include them in the decision-making. If they are a part of it, they can’t complain.

47. CHOOse Only a COuple Of THings TO WOrk On aT a Time.

Do them well, but have only a few major initiatives at a time.

48. Be a leader, nOT JusT a pOliTiCian.

Remember the adage , “A politician looks to the next election, a leader looks to the next generation.”

49. reCOgnize THaT COnTrOversy is ineviTaBle aT Times.

How you choose to deal with controversy will be an important measure of your effectiveness as an elected official. Remember to focus on the real issues, and do not make promises that you cannot keep.

50. Try TO Have fun! Public service is hard work, but

there are no rules against having a good time. Make a concerted effort to enjoy your term in office. Otherwise, it may be the longest period of your life. Try to maintain your sense of humor, and don’t take yourself too seriously. Additionally, take pride in the fact that you will have a hand and a voice in the future development of your community. There is no greater reward in public service than knowing that you helped to make a difference in your city!

Naturally, 50 tips can’t begin to address all the important information necessary for elected city officials in Missouri to know. To provide much more detail, MML has a Manual for Newly Elected Officials available at no cost to members. To access this valuable resource, visit www.mocities.org (click on “Publications,” and click on the red link next to Manual for Newly Elected Officials to download the bulletin. Member login is required.) This article is reprinted, with slight modification, with permission from the Georgia Municipal Association and the Texas Municipal League. It most recently published in the June 2013 issue of Texas Town & City.


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On March 26, 2013, the U.S. Supreme Court issued its opinion in Florida v. Jardines, No.

11-564. This decision follows last year’s Unites States v. Jones decision in that the Supreme Court applied trespass principles to Fourth Amendment search and seizure analysis.

BaCkgrOundP o l i c e o f f i c e r s r e c e i v e d a n

unverified tip that marijuana was being grown in the home of defendant. A surveillance team watched the home for 15 minutes and saw no vehicles in the driveway or activity around the house.

At that point, two officers and a trained drug-sniffing dog walked up the driveway and sidewalk to the front porch. As they approached the front porch, the dog sensed an odor and began tracking back and forth to determine the source of the odor. After sniffing at the base of the front door, the dog sat, which was trained behavior upon discovering the odor’s strongest point.

Based on what they learned at the home, the officers applied for and received a warrant to search the residence. Mari juana plants were discovered and defendant was arrested and charged. At trial, the court granted defendant’s motion to suppress the evidence on the grounds that the canine investigation was an unreasonable search.

supreme COurT fOurTH amendmenT preCedenT

In its analysis, the Supreme Court noted that the Fourth Amendment provides that the “right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated.” The court noted that Katz v. United States, 506 U.S. 56 (1992) added the reasonable expectation of privacy analysis to Fourth Amendment search and seizure cases. However, Katz did not subtract anything from the Amendment’s protections “when the government does engage in a physical intrusion of a constitutionally protected area.”

While certain areas are protected by the Fourth Amendment, it does not prevent all investigations conducted

on private property. The Amendment indicates that persons, houses, papers and effects are protected from an unreasonable search or se izure . However, all people, including police officers, have a “license” (permission), implied by custom, to approach the front door of a house to seek the owner’s consent to enter the property. Therefore, simply approaching the front door would not constitute a search within the meaning of the Fourth Amendment.

Furthermore, the Supreme Court has held that an officer is not required to shield his eyes when passing by a home on a public thoroughfare. However, the Court stated that an officer’s ability to gather information is sharply more limited when he steps off those thoroughfares and enters the Fourth Amendment’s protected areas.

applying THe laW TO THis CaseIn this case, the officers were not

on a public thoroughfare. They were on the walkway leading to the front door and on the front porch of defendant’s home. While the Court found an implied license to approach the front door, the Court held that the officers did more than approach the front door because they relied on more than their own observations by employing an investigative device (the dog).

The officers were not simply seeking to make contact with the owner in an effort to gain entry to the home. Instead, the officers were seeking to discover incriminating evidence through the use of an investigative d e v i c e i n t h e a r e a i m m e d i a t e l y surrounding defendant’s home, that enjoys the same Fourth Amendment protections as the home itself. Therefore, the officers were conducting a “search” within the meaning of the Fourth Amendment. As the officers engaged in a “search” without consent, probable cause or a search warrant, the evidence was properly excluded.

sO WHaT dOes THis Case TeaCH us aBOuT THe use Of neW invesTigaTive deviCes?

The Supreme Court stated that neither the type of device nor how long police have used the device affect its Fourth Amendment analysis. Instead, the government’s use of a physical

intrusion to deploy an investigative device to explore the constitutionally protected area implicates the Fourth Amendment prohib i t ion aga ins t unreasonable search and seizure. Therefore, the Court’s reasoning applies to all investigative devices old or new.

Furthermore, this case follows last year’s Unites States v. Jones decision. In that case, the Court found placing a GPS tracking device on a suspect’s vehicle constituted a search for purposes of the Fourth Amendment because the government trespassed on the suspect’s effects – the car.

The Court has made clear that when conducting investigations, police officers must not only consider an individual’s reasonable expectation of privacy but also must consider whether, through their investigation, officers are entering a constitutionally protected area. In Jones, the Court held that the reasonable expectation of privacy analysis of search and seizure cases was added to and not substituted for the traditional property-based understanding of the Fourth Amendment. Therefore, when the government enters a constitutionally protected area when conducting an investigation, a Fourth Amendment “search” occurs without consideration o f t h e i n d i v i d u a l ’ s r e a s o n a b l e expectation of privacy or the type of device deployed by the government.

Therefore, if the government must enter upon the houses, papers, or effects of a citizen to deploy a surveillance device, it will be considered a “search” for purposes of the Fourth Amendment. Because entering upon the houses, papers, or effects of a citizen to deploy a surveillance device constitutes a Fourth Amendment “search,” consent, probable cause or a search warrant will be required before police officers enter areas protected by the Fourth Amendment whether or not the suspect has a reasonable expectation of privacy in such areas.

Dave Davis is an attorney, founding member of Davis Law, LLC and author of the Missouri Local Government Employment Law Handbook. Contact Davis at 314-863-6868 or [email protected]. Follow him on Twitter @DavisLawLLC. Download a free copy of the Missouri Local Government Employment Law Handbook from the firm’s website www.davis-law-llc.com.

WHaT Can a drug-sniffing dOg TeaCH us aBOuT THe use Of neW invesTigaTive deviCes and THe fOurTH amendmenT’s prOHiBiTiOn againsT unreasOnaBle searCH and seizure?

by David S. Davis

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More than 200 people met in Grandview, Mo., at the Armacost Museum July 18 to celebrate and honor the civic contributions of volunteers in the Kansas City area. The annual banquet is an exciting opportunity to share the many projects benefitting the community, from youth activities to assisting the homeless to emergency management. Mayors and local government officials were able to meet with project volunteers and present the awards. Find more photos of the event on MML's facebook page at www.facebook.com/mocities.

WestGate CiviC Leadership aWards

2013


Calendar Of evenTs

September

22-25 International City Management Association 2013 Annual Conference, Boston, Mass.25-26 Missouri Water and Wastewater Annual Conference , Columbia, Mo.25-26 MINK Annual Meeting, St. Joseph, Mo.

October8-10 National Recreation and Park Association Annual Congress, Houston, Texas16-18 Missouri Chapter of the American Planning Association Annual Conference, Branson, Mo.20-21 Missouri Association of Counties 42nd Annual Conference and Expo, Osage Beach, Mo.23-25 MPUA Annual Conference, Osage Beach, Mo.29-30 8th Annual Missouri Association of County Transportation Officials Conference, Springfield, Mo.

November1 2013 GFOA Fall Seminar, Columbia, Mo.3-5 Missouri Chapter APWA Fall Conference, Lake Ozark, Mo.5 Election Day6-7 Damage Prevention and Excavaton Safety Summit, Columbia, Mo.12-14 NLC National Summit on Your City's Families, Seattle, Wa.13-16 NLC 2013 Congress of Cities and Exposition, Seattle, Wa.

December3-4 56th Annual Missouri S & T Asphalt Conference, Rolla, Mo.

For more events, visit the events calendar at www.mocities.com.

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Money Magazine has named The City of Ballwin one of the Best Places To Live, citing low crime rates and excellent schools.

The city of Lee's Summit received two honors at the recent Missouri Main Street Revtalization Conference in Kansas City. Mayor Randy Rhoads won Outstanding Public Official for his ongoing support of Lee's Summit's downtwon revitalization. The City also won Top Special Event for "Cel-lular Cenes," a unique outdoor theater experience.

Amy Edwards, CMC, City Clerk, City of Platte City, Mo., has earned the prestigious Certified Municipal Clerk designation from the International In-stitute of Municipal Clerks. The CMC designation program is designed to enhance the job performance of the clerk in small and large municipalities. To earn the CMC designation, a municipal clerk must attend extensive educational programs. The designation also requires pertinent experience in a municipality.

MML Review September 2013

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Transcript of MML Review September 2013