HB 1891 -- Municipal Services in St. Louis County

Sponsor:  Diehl

This bill requires a municipality in St. Louis County to meet
minimum standards in the provision of municipal and financial
services and reports.  "Minimum standards" means adequate and
material provision of at least 75% of the following items:

(1)  A balanced annual budget;

(2)  Creation, funding, and regular implementation of a capital
improvements plan;

(3)  An annual audit of the municipality's finances by a
certified public accountant;

(4)  A cash management and accounting system that accounts for
all revenues and expenditures;

(5)  Adequate levels of insurance to minimize certain specified
types of risk;

(6)  Public access to a complete set of ordinances adopted by the
governing body;

(7)  A law enforcement unit comprised of armed peace officers;

(8)  Written policies regarding the safe operation of emergency
vehicles;

(9)  Written policies regarding the use of force by peace
officers;

(10)  Construction code review, directly or by contract with a
public or private agency;

(11)  Refuse and recycling collection that complies with
applicable county codes; and

(12)  Information published annually on the municipality's
website indicating how the municipality met these standards.  If
the municipality does not have a website, the information must be
submitted to the county for publication on its website if it has
one.

Upon the filing of a petition signed by at least 30% of the
registered voters in the municipality who voted in the last
gubernatorial election alleging that the municipality has
materially failed to provide at least three of the required
standards for at least two months after having been given notice
in writing, the election authority must forward the petition to
the presiding judge of the circuit court of that county.  The
judge must review the petition to determine whether there is
probable cause to believe that the allegations are true.  If the
court decides that probable cause exists, it must notify the
municipality and the municipal league of the county or a similar
association.

The league or association must request the assistance of a local
university, and the university must appoint an advisory committee
consisting of three to five persons with relevant experience and
qualifications as specified in the bill.  The advisory committee
must review, as it sees fit, the services in question and the
other required services; must develop a plan to permanently
correct any deficiencies; and must present the plan to the
governing body of the subject municipality within 60 days of its
first meeting.

If the municipality continues to fail to provide at least 75% of
the standards, the circuit court will conduct a hearing based
upon the original position and will determine whether the
municipality is operating below the minimum standards.  If it is,
the municipality will have 90 days to correct any deficiencies.
If after 90 days the municipality is still deemed to be operating
below the minimum standards, the court must pursue remedies in
the following order:

(a)  Appointment of an administrative authority to administer the
revenues of the municipality;

(b)  Removal from office of any or all elected officials and the
appointment of new officials to fill the remainder of the terms
of those removed;

(c)  Placement on the ballot of a proposal to merge the
municipality with an adjacent municipality.  If voters in each
municipality approve the proposed merger, it will become
effective six months after the date of the election; and

(d)  Placement on the ballot of a proposal to disincorporate the
municipality upon the receipt of a petition signed by at least
40% of the registered voters to do so.

The court must have ongoing jurisdiction to enforce its orders
and carry out the specified remedies.

Missouri House of Representatives
Last Updated April 23, 2012 at 4:51 pm