September 2016 ™ NThe PremierEWS Organization for MunicipalD ClerksIGEST Since 1947
Montreal in the Fall IIMC STAFF DIRECTORY BOARD OF DIRECTORS News Digest™ ADMINISTRATION PRESIDENT • Executive Director Vincent Buttiglieri, MMC, Township of Ocean, New Jersey Professionalism In Local [email protected] Government Through Chris Shalby [email protected] PRESIDENT ELECT Education Mary J. Kayser, MMC, Fort Worth, Texas • O!ce Manager [email protected] Volume LXVII No. 8 ISSN: 0145-2290 Denice Cox VICE PRESIDENT September 2016 [email protected] Stephanie Carouthers Kelly, MMC Charlotte, North Carolina Published 11 times each year the News Digest • Finance Specialist [email protected] is a publication of Janet Pantaleon IMMEDIATE PAST PRESIDENT The International Institute of Municipal Clerks [email protected] 8331 Utica Avenue, Suite 200 Monica Martinez Simmons, MMC, Seattle, Washington Rancho Cucamonga, CA 91730 • Administrative Coordinator [email protected] Maria E. Miranda Chris Shalby, Publisher DIRECTORS – 2017 EXPIRATION [email protected] [email protected] EDUCATION Andrew Pavlica, MMC, II, Gar!eld, New Jersey Telephone: 909/944-4162 • (800/251-1639) [email protected] FAX: (909/944-8545) • Professional Development Maryann Hess, MMC, IV, Laurel, Mississippi E-mail: [email protected] Jane Anne Long, Ed.D. [email protected] Founded in 1947, IIMC has 70 years of experience improving [email protected] Anne B. Uecker, MMC, VI, St. Francis, Wisconsin the professionalism of Municipal Clerks. IIMC has more than • Certi$cation Manager [email protected] 10,000 members representing towns, small municipalities Ashley DiBlasi Denise R. Chisum, MMC, VII, Lee’s Summit, Missouri and large urban jurisdictions of more than several million [email protected] Denise.Chisum@cityo"s.net people. RaNae Edwards, MMC, VIII • Education Assistant [email protected] Kellie Siggson IIMC is a!liated with 49 U.S., & Nine Canadian Associations. Debi A. Wilcox, X, Durham, Ontario, Canada National a!liations: [email protected] [email protected] • ATAM (Portugal) • JOSZ (Hungary) MEMBERSHIP Bruce Poole, MMC, XI, Somerset, United Kingdom • IAM (Israel) • SLCC (England) • Director of Member Services [email protected] • UDITE (Europe) • VVG (The Netherlands) Janis Daudt • IMASA (South Africa) • SOLAR (Scotland) DIRECTORS – 2018 EXPIRATION [email protected] • NAMCB (Bulgaria) • ADSO (England) Carol L. Anderson, CMC - I, Torrington, Connecticut • Member Services Representative [email protected] Tammy Storrie Lisa B. Vierling, MMC – III, High Point, North Carolina [email protected] [email protected] Inside… Computerized Business Solutions Diane Whitbey, MMC – IV, North Little Rock, Arkansas • Doug Gri!th [email protected] President’s Message ...... 3 [email protected] Mary Johnston, MMC – V, Westerville, Ohio 2017 Study Abroad Program ...... 5 [email protected] Cybersecurity: What’s Your Risk? ...... 6 Pam DeMouth, CMC – VI, Ankeny, Iowa Spotlight on Success ...... 8-9 [email protected] Brian “Petie” Ruch, MMC – VII, Beardstown, Illinois Volunteer, On-Call, and Employees Fire Departments ...... 10 [email protected] Montreal Conference Centerspread ...... 12 Tracy L. Davis, MMC – IX, Keizer, Oregon Collaboration the Key to Downtown Revitalization ...... 14 [email protected] Groups Awrded $4.5 Million to Advance Air Monitoring Tech ...... 16 DIRECTORS – 2019 EXPIRATION Region/Provincial/National News ...... 18 Julie Coelho, CMC – I, Warren, Rhode Island Calendar ...... 20 [email protected] Spotlight on Success form ...... 22 Douglass A. Barber, CMC – II, New Carrollton, Maryland [email protected] Pamela Smith, MMC – III, Sanibel, Florida [email protected] About the cover… Robbie Hume, CMC – V, Lawrenceburg, Kentucky [email protected] Elizabeth Burke, MMC – VIII, Flagsta", Arizona Old Montreal, Bonsecours Market in EBurke@"agsta#az.gov the Fall. www.iimc.com Sheri Pierce, MMC – IX, Valdez, Alaska This 19th century neoclassical build- Copyright by the [email protected] ing is a a bustling gallery of shops Aleta Neufeld, CMC – X, Lethbridge, Alberta, Canada selling arts & crafts, leather goods International Institute [email protected] and garments. of Municipal Clerks. All rights reserved.
2 IIMC Celebrating 70 Years September 2016 IIMC News Digest
President’s Message Vincent Buttiglieri, MMC IIMC President, 2016-2017
For some, the heat and humidity that has become synonymous with the summer of 2016 will be departing shortly. If you are like me, you may very well feel that it cannot depart fast enough. However, summertime is also synonymous with family vacations, barbeques, outdoor activities and good times with family and friends. I am hoping that has been the case for each of you. With that said, I would be remiss if I did not recognize our colleagues from California, Louisiana and around the country and world who have experienced wildfires, flood- ing and other difficult conditions during this time. Please know that we are all thinking of you and send our wishes to remain safe. President Buttiglieri addresses the Summer is also synonymous with the beginning of Ohio Municipal Clerks at their recent Institute IIMC’s budget process: 2016 is no different. The dedi- cated individuals who serve on the Budget and Planning I had the great pleasure of attending the Ohio Committee met at the IIMC Headquarters in Rancho Municipal Clerks Associations Annual Institute that was Cucamonga in August to review the financial condition held in Dublin, Ohio in July. They did a phenomenal job of of our beloved Organization and to prepare a responsible providing quality high-level education for their attendees. and conservative budget for 2017. We examined every The keynote speaker was former Ohio State Buckeye area in the budget to ensure that IIMC will continue to and Tennessee Titan football player Donny Nickey. Not be able to fulfill our mission of providing Clerk educa- being familiar with Nickey prior to my attendance, I was tion and certification to our more than 10,000 members wondering what message or words of wisdom he would worldwide. I’m extremely pleased to report that the have that would assist us in fulfilling our responsibili- IIMC financial landscape has never looked better. A ties as Municipal Clerks. I was certain that Nickey never special thank you must go to our IIMC staff, Board and ran an election or rummaged through old files in order committees for their stewardship in this area. Due to the to comply with a Freedom of Information Request. After positive steps taken by so many over the past number all, he was a professional football player and probably of years, IIMC now maintains funds in both a Restricted made more money is his short time in the NFL than Reserves and an Operating Reserves. There are poli- many of us will make in our 20 plus year careers. I was cies in place that preclude the Restricted Reserves and impressed by his message of determination and that Operating Reserves from being used for normal expenses anyone can achieve success as long as they adopt and and can only be used for emergencies. Prior to the expen- maintain a “can-do” attitude. Nickey discussed the many diture of funds from the Reserves, a resolution of the personal struggles that he has gone through both during Board of Directors is required. and after his career ended. He implored each one of us
Continued on page 4
September 2016 IIMC Celebrating 70 Years 3 IIMC News Digest
President’s Message Continued from page 3 to use the resources we have to make a positive impact promises to be a one-of-a-kind conference. in the lives of those we come in contact with regardless In last month’s News Digest, IIMC recognized our of the personal trials and tribulations that we may go first two recipients of the Spotlight on Success Award. through ourselves. All we have to do is “be in the game.” Well, I am so pleased to be able to announce that this I know you can all agree that we are “in the game” every month’s recipients of that recognition is Brenda Dennis, single day as we work to improve the quality of the lives City Secretary, Schertz, Texas and Gloria Ludwig, of the residents in our communities. As I stated in my City Clerk, Des Plaines, Illinois. CONGRATULATIONS comments at the Annual Business Meeting in Omaha, Brenda and Gloria. You are both shining examples of why each one of us has the innate ability to make a positive our members are the standard-bearers for all in local difference in the lives of each person we come in contact government. with. Let’s not waste that opportunity. Nickey would I would like to end my comments with a personal certainly agree. note. On August 1, my father lost his fifteen-month battle I also had the privilege of participating in the site with cancer. The outpouring of support received from visit for our 2017 Conference in the beautiful city of so many of you has been nothing short of mind-blowing. Montreal, Canada with our Executive Director Chris On behalf of my family, please know how much that has Shalby, Certification Manager Ashley DiBlasi and Event meant to us. Your words and kind gestures have brought Planner Sharon Ozimek. Having never been to Montreal a sense of comfort and I will be forever grateful. Thank prior to this visit, I was BLOWN AWAY! It was one of the you! most electrifying cities I have ever been to. Whether you are a person who loves great food to someone who loves to shop to someone who loves museums and art to some- one who just plain loves people, this is the place for you. The host hotel is simply beautiful and is centrally located to all the hotspots in the city. Trust me folks, you are not going to want to miss this conference. Please be on the lookout for the Preliminary Program highlighting what
Pictured on the left is Region V Director Mary Johnston, MMC, and IIMC Past President Sharon Cassler, MMC
Did you know…
The Hochelaga Archipelago, also known as the Montreal Islands sit at the confluence of the St. Lawrence and Ottawa Rivers. There are over two hundred islands, the largest being the Island of Montreal; it forms the main city of The Budget and Planning Committee in front of IIMC Headquarters Montreal.
4 IIMC Celebrating 70 Years September 2016 IIMC News Digest
2017 Study Abroad Program
The 2017 Study Abroad Program will tentatively take place May 17 through May 19. The Program will be centralized in Montreal, home to the 71st IIMC Annual Conference, and will feature day trips to Quebec, Montreal and Ottawa. IIMC’s Education Department is currently working on the education component of the Program to determine certification points. More information will be forthcoming in the next few weeks.
Quebec, Canada Montreal, Canada Ottawa, Canada
Did you know… Montreal is the second largest city in Canada. It was the largest city until sometime in the 70’s when Toronto took over the title.
September 2016 IIMC Celebrating 70 Years 5 Cybersecurity: What’s Your Risk? IIMC News Digest
“Cybersecurity is an iceberg topic: The largest part is what you don’t see—and that’s the part that can sink an organization,” wrote Wayne Sommer, internal audit manager in Aurora, Colorado, and former director of administration and finance at ICMA. Sommer was writ- ing for the ICMA Blog, and his suggestions were so good that we’re repeating them for people who didn’t see the blog post. One of Sommer’s responsibilities in Aurora is to look at his organization through the eyes of “risk,” the possi- bility of an event or condition occurring that will have an impact on the ability of the organization to achieve its strategic objectives. With that in mind, he teamed up with Tim McCain, Aurora’s information security officer, to Managers deal with risk every day, whether they come up with a list of questions managers should ask as are conscious of it or not. And cybersecurity is a risk they address the risk of cyber disruptions. challenge that requires a conscious approach. Here are six questions a manager can use as a framework to get “In Aurora, we are watching the cybersecurity ice started. mountain grow larger and larger before our eyes, but we are not sitting still or ignoring it,” McCain wrote. “We are 1. What could go wrong? Brainstorm. No possibili- looking below the surface at the complex issues involved ties are off the table. The more voices in the room and chipping away at them strategically, consistently, from every staff position and generation, the more and in line with the resources we have at hand. It’s not likely you are to gather a comprehensive list of an easy task. It’s a big berg. We have no choice; neither possibilities. do you.” 2. What would be the early warning signs? How Cybersecurity affects everyone. Large? Medium? would you know if something is amiss? Has your Small? Regardless of your organization’s size, you are staff noticed more mysterious e-mails in their a potential target. E-mail scams, network attacks, and inboxes? Is your IT Department finding anomalies ransomware are just three of the predators out there showing up on their reports? Is your administrative looking for a vulnerable target. Cities take advantage staff receiving any odd phone calls? Identify as many of technology to make internal operations and service warning signs as you can and try to understand if you delivery more efficient and effective. The “Internet of have the ability to monitor them and alert the appro- things,” which enables cities to use the Internet in ways priate people if they occur. never before imagined, provides an exponential number 3. What is the likelihood of this event or condi- of increasing opportunities for mayhem. tion occurring? This is somewhat subjective, but A manager can hand the problem off to IT and have your staff consider your existing defenses, the move on, but the problems and the solutions go beyond status of your hardware and software, and even your IT. Cybersecurity is an organizational issue that just computer use policies. Did you know that any staff happens to enter in through the technology door. member sitting in front of a monitor and keyboard is Addressing the issue needs to start at the top and involve your greatest vulnerability point? Open one wrong everyone within the organization. e-mail attachment and . . . well, it could get ugly Continued on page 7
6 IIMC Celebrating 70 Years September 2016 IIMC News Digest
Cybersecurity: What’s Yoour Risk?…Continued from page 6
quickly. Gauging your threat awareness and readi- 6. What are you doing now that would minimize the ness will help you estimate the likelihood of an event impact or likelihood of this risk or condition if it occurring. No one is immune. The question is no did occur? You can use your work in determining longer “if” you will ever get hacked, but “when.” your organization’s current preparedness level to 4. What would be the impact if an event did occur? address this question. First thoughts here jump to financial hits and that is Sommer and McCain suggest gathering a cross- a real possibility; but don’t forget to consider poten- section of your operational staff to begin answering these tial impacts on internal operations, external service questions related to cybersecurity. That’s a good start- delivery, and especially reputation impacts. Who ing point that can help you evaluate your preparedness, wants to work for an organization that cannot keep identify your worst vulnerabilities, and provide a basis for its employees’ personal information out of the public generating an action plan to begin addressing this critical domain? issue. “Start now,” Sommer says. “That iceberg is headed 5. How would you respond if it did occur? This is your way.” critical. Once an event occurs, how you respond can Editor’s Note: This article was first published in ICMA’s Blog. affect the severity of the impact. Your response can Contacts: Wayne C. Sommer, internal audit manager, Aurora, Colorado also boost or further destroy your organization’s ([email protected]); Tim McCain, information security officer, reputation in the public’s eye. Identify the response Aurora, Colorado ([email protected]). resources required—time, money, and people—for which you should plan before an incident occurs.
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September 2016 IIMC Celebrating 70 Years 7 IIMC News Digest
Editor’s Note: The Spotlight on Success stories are meant to highlight those individuals working in the profession who make a positive contribution to their communities and/or state/provinces outside of their responsibilities as a Municipal Clerk, Secre- tary, Recorder, Legislative Administrator and Directors of Corporate Services or an individual who serves a legislative govern- ment body.
Brenda Dennis, MMC grade students (one from each middle school campus) City Secretary, Schertz, TX serve as the Mayor for a day. Brenda Dennis works in This program occurs four times during the school coordination with the Schertz year (once per grading period). Seventh grade students Cibolo Universal City School are nominated by their 7th grade social studies teach- District to provide 7th and 8th ers and 8th graders are nominated by their principals. grade students a hands-on expe- Students are then able to come to City Hall, where rience to learn about the function Dennis greets them and has put together an agenda and importance of their city and local government. which allows for these students to tour the city and meet The program that these students participate in in person with the Mayor, City Council Members, the City is called “Mayor and City Council Person for a Day.” Manager and Executive Management to be able to learn Seventh grade students (one from each middle school firsthand about the work that goes into keeping a city campus) serve as City Council Persons for a day and 8th functioning. Continued on page 9
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8 IIMC Celebrating 70 Years September 2016 IIMC News Digest
Gloria Ludwig, MMC Her community organizational affiliations are City Clerk, Des Plaines, IL as follows: Clerk Ludwig, like many • Liaison – Des Plaines Youth Commission other clerks provides the neces- • Member – Des Plaines Healthy Community sary services as mandated by the Partnership Illinois Compiled Statutes. She • Financial Supporter - Des Plaines Community has served the Elected Office of Foundation City Clerk from May 2009-until • Member - Maine West High School Community Rela- present. Her term ends with the election of April 4, 2017 tions Committee due to term limitations. • President - Maine Community Youth Assistance Foun- She is affiliated with the following professional dation (MCYAF) organizations: • Member - Des Plaines Historical Society • International Institute of Municipal Clerks (IIMC) • Board Member and Financial Supporter - Frisbie • Fellow of Athenian Leadership Society (inducted in Senior Center May 2016) • Member - Des Plaines Ministerial Association • Municipal Clerks of Illinois (MCI) • Member - Des Plaines Ladies of the Elks • Municipal Clerks Association of North/Northwest • Member / Instructor - American Cancer Society “Look Suburbs, Cook County, IL. Good, Feel Better” Program • Illinois Municipal League • Volunteer - Community Paint-A-Thon, sponsored by Valspar Coatings in Wheeling, IL. Continued on page 11
Brenda Dennis - Spotlight on Success…Continued from page 8 Dennis, during this time, also puts together a Mock City Council Meeting, in which, the student participants are presented with an issue/policy by a professional from the department which handles such issues. The student’s then work through the issue to come to a resolution as a City Council would. These students are then guests at the City Council Meeting. During which they sit with the Mayor and City Council and are able to share information about their experiences and receive awards for being nominated and participating in this event. Brenda is a vital partner in this program. These students speak of the amazing experiences and knowl- edge that they gain because of this firsthand experi- ence. This opportunity would not be possible, if not for Brenda’s partnership and dedication to our community’s future leaders.
September 2016 IIMC Celebrating 70 Years 9 Volunteer, On-Call, and IIMC News Digest Employees Fire Departments: Understanding the Law By Margaret M.L. Byrnes, NHMA Staff Attorney
Did you know there is no law that requires a are permanent firefighters or career firefighters—i.e., municipality to establish a fire department? But when a employees. municipality does have a fire department, there are so www.nh.gov/safety/divisions/fstems/training/becomff.html. many aspects to be concerned with that sometimes the “basics” can be forgotten. For example, it may be easy Why Does Classi!cation Matter? to overlook some administrative elements, particularly There are requirements for certain permanent or regarding classification and compensation of firefighters. employee firefighters that do not also apply to volunteer Because errors in this area can create legal issues for and on-call firefighters, and there are other consider- municipalities, let’s review both the relevant New Hamp- ations for on-call or volunteer firefighters that municipali- shire and federal law. ties must be aware of. Volunteer, On-Call, or Employee? First, those who qualify as “full-time career firefight- ers” must satisfactorily complete a preparatory program The first step is determining what kind of fire depart- of fire training consisting of an accredited certification ment you have. According to the New Hampshire Depart- program meeting the objectives of a nationally accepted ment of Safety website, there are three basic categories standard regarding firefighter professional qualifications. of firefighters in New Hampshire: volunteer, paid on-call, RSA 21-P:29 (I). Under the New Hampshire Department or permanent employees. Call and volunteer firefighters of Safety Administrative Regulations, “full-time career are defined under New Hampshire law as firefighters fire personnel” means firefighters, fire officers, rescue who are not regularly employed by a fire department of personnel connected with fire departments, fire preven- any city, town or precinct in the state but who answer tion officers, inspectors, investigators, fire instructors, for duty only to fire alarms and who have been appointed public education specialists, fire alarm personnel, or any by the fire department with which the firefighter serves. other personnel who are members of fire departments or RSA 281-A:2, I. In fire departments that designate fire-related state agencies, whether full or part-time any themselves as “call fire departments,” there are gener- fire service personnel, who are: ally no regularly-staffed shifts, and firefighters respond to calls, receiving a level of compensation on a per call (a) Employed as a member of one or more fire depart- basis, or perhaps as a monthly stipend. According to ments of the state, political subdivision of the state, or the New Hampshire Department of Safety, about 80% private fire department providing fire services to the of New Hampshire fire departments operate as volun- general public; and teer or on-call. The final category consists of those who Continued on page 11
10 IIMC Celebrating 70 Years September 2016 IIMC News Digest
Volunteer, On-Call, and Employees Fire Departments…Continued from page 10
(b) Working in such a capacity for an average of 30 purposes of the FLSA. In fact, the federal code specifi- hours per week or more during any consecutive 12-month cally allows the “per call” payment of non-employee period. Fire 101.17; Fire 101.16; RSA 21-P:25, II(c). firefighters, with limitations: These regulations, which include the minimum (e) Individuals do not lose their volunteer status if standards and qualifications for proper certification, they receive a nominal fee from a public agency. A nomi- can be found at http://www.gencourt.state.nh.us/rules/ nal fee is not a substitute for compensation and must not state_agencies/fire.html. While other on-call or volunteer be tied to productivity. However, this does not preclude firefighters are not subject to these same requirements, the payment of a nominal amount on a “per call” or simi- there are obvious reasons for a municipality to consider lar basis to volunteer firefighters. The following factors training for all firefighters. will be among those examined in determining whether a Second, for those municipalities with firefighters given amount is nominal: The distance traveled and the who are not employees—volunteer or on-call firefighter time and effort expended by the volunteer; whether the departments—payment of firefighters can be a compli- volunteer has agreed to be available around-the-clock or cated issue. Both state and federal law allow for some only during certain specified time periods; and whether payment of these “non-employees,” but there are signifi- the volunteer provides services as needed or throughout cant limitations that must be understood. Under New the year. An individual who volunteers to provide periodic Hampshire law, individuals who perform services but do services on a year-round basis may receive a nominal not receive “significant remuneration” are exempted from monthly or annual stipend or fee without losing volunteer the definition of employee. RSA 281-A:2, VII(b). Further- status. more, RSA 508:17, V(c) defines “volunteer” as “an indi- Understanding the limits on compensating non- vidual performing services for a nonprofit organization or employee firefighters is crucial because paying an on-call government entity who does not receive compensation, firefighter like an employee could convert him or her to other than reimbursement for expenses actually incurred “employee status,” which would trigger additional legal for such services.” And, as noted above, call or volunteer requirements like overtime compensation and minimum firefighters are not “regularly employed” by municipal fire wage. For example, in a case from Michigan, decided departments. RSA 281-A:2, I. by the Federal Court of Appeals, Sixth Circuit, so-called The federal Fair Labor Stands Act (FLSA), which “volunteer” firefighters who were paid $15.00 per hour establishes, among other things, a national minimum when they responded to calls were regarded as “employ- wage and overtime compensation requirements, similarly ees” under the FLSA because this hourly pay was more provides: than a nominal fee for this type of work. Mendel v. Gibraltar, 727 F.3rd 565 (6th Cir. 2013). The court, in The term “employee” does not include any individual reaching its decision, applied the following standard: who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an If the hourly wages are compensation, then the fire- interstate governmental agency, if—(i) the individual fighters are employees under the FLSA. Conversely, if the receives no compensation or is paid expenses, reason- able benefits, or a nominal fee to perform the services for Continued on page 17 which the individual volunteered; and (ii) such services are not the same type of services which the individual is Spotlight on Success…Continued from page 9 employed to perform for such public agency. 29 U.S.C. § 203(e)(4)(A). Clerk Ludwig has provided great service to her Municipality, and through her personal growth and The corresponding federal code allows volunteers to commitment to all of her residents. She has attended be “paid expenses, reasonable benefits, a nominal fee, or any combination thereof, for their service without losing training sessions, seminars, local clerk meetings and their status as volunteers.” 29 C.F.R. §553.106. international meetings as well. She has always been seeking more knowledge and skills to better her service The federal code, 29 C.F.R. §553.106, provides to her board, and constituents. a variety of ways in which any volunteer can be paid without converting the individual into an “employee” for When there was flooding in Des Plaines, Clerk the purposes of the FLSA. Things like a uniform allow- Ludwig was the only elected official who visited the ance, reimbursement for transportation, or a municipal- neighbors who were affected. She is a very caring and ity paying for workers’ compensation insurance will dedicated Public Servant. not automatically deem someone an “employee” for the See page 22 for forms
September 2016 IIMC Celebrating 70 Years 11 IIMC News Digest
Passport to Education – Passeport pour l’education
71st Annual IIMC Conference • May 21 - 24, 2017, Montreal, Canada
How To Get The Most Out Of An IIMC Conference There are many advantages to attending an IIMC Conference - education, networking, and discovering new meth- ods on how to deal with current problems in your profession. Use the following checklist to help you get the most from your IIMC Conference. Remember, attending an IIMC Conference means you’re learning to do a better job for your municipality. • Review the Program, make notes and plan your day, giving yourself plenty of time for informal discussions and networking opportunities. • Select the sessions you will attend. Keep in mind which will have the most bene!t to you and your municipality. If you’re attending the Conference with someone from your o"ce or a colleague, split up. That way you can cover more ground. Compare and exchange notes at the end of the day. • Take plenty of notes. Keep a daily log of how much you’ve covered each day. • Visit each exhibitor at least once and gather material about products and services. Ask questions. • Keep a list of people you meet - attendees, speakers, exhibitors, etc. • Don’t forget to bring lots of business cards. • Record one to three ideas you get from each session you attend or speech you hear. • Attend as many events as possible. Make it a goal to meet new people during the luncheons, receptions and other events. • After the Conference, summarize your notes into a clear, written report and disseminate it to your co-workers. They will bene!t from all that you have learned from the Conference. • Don’t forget to write thank you cards and to follow up on any promises you’ve made. Oh, yes, there are also Outstanding General and Concurrent Education Sessions, Reconnecting with your network- ing community, and a few more surprises! We can’t wait to see you in Montreal! Memories Drive Behavior -- Delegate learning creates an impression. Impressions empower the ability to remem- ber. Remembering compels behavior. Montreal, Canada, one of North America’s most beautiful cities will host IIMC’s 71st Annual Conference. Our preliminary program will be published in early November. In the meantime, here is some information to keep in mind if you’re planning to attend:
2016 Annual Conference Sponsors
P R E M I E R SPONSOR
Proud Sponsor of Education Programs and Speakers 12 IIMC Celebrating 70 Years September 2016 IIMC News Digest
Passport to Education – Passeport pour l’education
1. You will need a PASSPORT to enter and leave Canada 2. Conference registration costs will be approximately $600.00 US 3. Our host hotel will be $179.00 Canadian, which is approximately $140.00US 4. Montreal is a walking city, replete with numerous and eclectic establishments 5. Montreal’s Trudeau International Airport is 20 minutes from downtown 6. Just about everyone speaks French and English, so language is not a barrier The Conference will feature premier education programs, outstanding speakers and events. Make your plans to attend the Conference in this gorgeous, vibrant and diverse city called Montreal.
Grévin Wax Museum
Meet the stars and celebrities of yesteryear and today with admission to the world-famous Grévin Museum in Montreal. With themed exhibits and over 120 models, there’s something for everyone — from celebrities and rock stars to athletes and world leaders. There’s Michael Jackson, Justin Bieber, Barack Obama, Albert Einstein and many more. See those who have made their mark on Cana- dian history, like hockey legend Jean Beliveau, singer Robert Charlebois, astronaut Julie Payette and actress/singer Céline Dion. The list goes on. The Grévin Museum has become one of Montreal’s most popular attractions.
• Mingle with celebrities, rock stars and world leaders in the Parisian wax museum’s !rst location outside of France Also, visit the Hall of Wonder and watch as nature, forests and butter#ies transform in response to movement in a mesmerizing, interactive environment. Finally, explore the Grévin workshops to see how wax !gures are made. Partici- pate in a virtual wax !gure-making workshop — and even make a virtual wax !gure sel!e.
Notre Dame basilica Archaeological treasures Visitors interested in the arts of the past will be amazed with the church’s impressive crypt, where they can study its origins. The present-day Basilica, which was inaugurated in 1829, was built on a plan set back slightly from the placement of the original church, which stood on the plot of ground covered today by Notre-Dame Street. As a result, many archaeological treasures of major ethnographic value still exist in the area around the Basilica and under- neath its front square.
P R E M I E R SPONSOR
September 2016 IIMC Celebrating 70 Years 13 Collaboration the Key to IIMC News Digest Downtown Revitalization By Josh Markham
For decades, major social and economic factors worked together to negatively impact the commercial viability of downtown areas. Across America the signs of this shift are still apparent. Boarded windows, neglected buildings, and overgrown community spaces are common sights. However, all is not lost for the American down- town. Many Arkansas cities have recognized the impor- tance of a thriving downtown to their economic future. As a result, they have successfully implemented programs to revitalize their downtowns. While downtowns across America have experienced steady decline, the importance of a vibrant downtown is evident on many levels. “We have seen time and time again that when economic developers are bringing industrial prospects downtown,” Main Street Arkansas Assistant Director to a community, the first area they want to see is the Samantha Evans said. “It’s a signal to investors that their investment in the community will be protected if they see a viable downtown.” The economic importance of a successful downtown extends beyond business recruitment. A thriving down- town is an important recruitment tool for students, physi- cians, and faculty members, Evans noted. Young profes- sionals view quality of place as an important factor when considering relocating to a community; as a result, a well developed downtown is a major selling point. Many Arkansas cities are turning to Main Street Arkansas for assistance with revitalization efforts. One such city is Siloam Springs. Main Street Siloam Springs started in 1985, and changes have been incre- mental; however, by 2008, development had plateaued. According to Meredith Bergstrom, Main Street Siloam Springs Executive Director, “The downtown retail pres- ence was strong, but downtown was lacking people.” This noticeable absence needed to change, and Siloam Springs’ downtown has benefited from taking a deliber- ate approach to development and planning over the past few years. The result: more than $10 million in private investment in downtown and over 20 new businesses. This turnaround for Siloam Springs’ downtown was a slow process. The first step began with a single private Continued on page 15
14 IIMC Celebrating 70 Years September 2016 IIMC News Digest
Collabpration the Key to Downtown Revitalization…Continued from page 14 investment. A local entrepreneur renovated a downtown Downtown Siloam Springs is just one example of an commercial space to include a café with apartment living Arkansas city recognizing the economic importance of a space on the second story. The impact was immediately vibrant downtown area. According to Samantha Evans, noticeable. designated Main Street districts in Arkansas have seen “This development brought people, and people more than $1,846,989 in public/private investment in brought other investors,” Bergstrom said. “Within three 2015 leading to 140 façade renovations, building rehabili- years, 10 other businesses followed.” tations, and new downtown construction projects. After this initial private investment showed success, Successful downtown development can begin Main Street Siloam Springs shifted its focus from simply many different ways. Evans noted that taking inven- hosting events to trying to be a purposeful economic tory of vacant or underused buildings can be the first engine to support the growth occurring from private step toward downtown mixed-use projects. Hosting investment in downtown. community-visioning sessions or developing a matching grant program for local downtown merchants are also “Main Street Siloam Springs attempted to build a viable initial projects. Regardless of where a community vision for downtown,” Bergstrom said. starts, Meredith Bergstrom has some advice for success: Working with the National Main Street Center and “Collaborate. Get all the players involved. Solidify your Main Street Arkansas enabled Bergstrom to see the vision. Be inclusive. Be diverse. And educate others connections between a long-term vision, historic preser- about the importance of your work.” vation, and an economically successful downtown. These three goals came together in the form of a master plan Editor’s Note: Josh Markham is Assistant Director, University of for Siloam Springs. This document outlined goals toward Central Arkansas, Center for Community and Economic Develop- growing the connectivity of the trail system to downtown ment. This article appeared originally in the April 2016 issue of City Siloam Springs and increasing beautification efforts & Town, a publication of the Arkansas Municipal League, and is linking downtown with surrounding natural assets and reprinted with permission. parks. Collaboration was the key to the creation of this vision. City officials, the local Chamber of Commerce, and local businesses all played crucial roles in completing the master plan. After six months of public participation, and 18 months of work, the Downtown & Connectivity Master Plan was complete. Implementing aspects of this master plan are currently underway. New local small businesses in the downtown are an important goal for economic growth in downtown Siloam Springs, and local banks have stepped up to assist. Five area banks are developing a loan consortium to assist with financing the implementation of the downtown master plan. The road to completing this master plan was not always smooth. Major financial challenges were an obvi- ous obstacle to many changes. Working with Main Street Arkansas provided access to grant funds to help with areas that private investment could not. However, even when private investors showed interest in developing a new business, zoning and code issues proved to be a new challenge. Old codes related to parking requirements and mixed used housing would have made development impossible in downtown. Working to revise these zoning issues through the Master Plan gave private investors the confidence that the city was ready to support them.
September 2016 IIMC Celebrating 70 Years 15 Groups Awarded $4.5 Million IIMC News Digest to Advance Air Monitoring Tech
The U.S. Environmental Protection Agency on the community’s understanding of air pollution. announced grants to six research organizations to Researchers will develop sustainable, local strategies develop and use low-cost air pollution sensor technology, to monitor, analyze and share measurement results while engaging communities to learn about their local air about air pollutants. quality. • Massachusetts Institute of Technology, Cambridge, “Through these projects, scientists and communi- Mass., will create a Hawaii Island Volcanic Smog ties will join together to develop and test new low-cost, Sensor Network of air pollution sensors to track air portable, easy-to-use ways to measure air pollution,” quality changes caused by the emissions from the said Thomas A. Burke, EPA science advisor and deputy Kilauea volcano that impacts health and agricultural assistant administrator of EPA’s Office of Research and crops. The project will emphasize community en- Development. “This research will provide tools communi- gagement in collaboration with the Kohala Center in ties can use to understand air pollution in their neighbor- Waimea, Hawaii, local schools and health centers. hoods and improve public health.” • Research Triangle Institute, Research Triangle Park, While recent advances in technology have led to the N.C., will create a framework to empower and sup- development of low-cost air pollution sensors, they have port communities near Denver, Colo., to design and not been widely tested, especially under field condi- conduct air quality monitoring studies. Researchers tions. These grants will help fund research projects that will use low-cost sensors to address local concerns in explore how scientific data can be effectively gathered collaboration with National Jewish Health in Denver and used by communities to learn about local air quality. and the communities of Globeville and Elyria Swan- sea, Colo. The grantees will also study the accuracy of data produced by sensors and sensor networks. For example, • The South Coast Air Quality Management District, comparing high-quality data from existing monitor- Diamond Bar, Calif., will engage California commu- ing technology that are used to support air quality nities on the use, accuracy and application of “low- regulations. cost” air monitoring sensors in collaboration with the University of California, Los Angeles. The project will The grants, which are funded through the EPA’s also develop a toolkit with best practices for data col- Science to Achieve Results program, are being awarded lection and data interpretation from these sensors. to the following: • University of Washington, Seattle, Wash., will use • Carnegie Mellon University, Pittsburgh, Pa., will low-cost, next-generation air particle sensors to research the accuracy of air pollution sensors and the address wood smoke exposures within the Yakama usefulness of the sensor data. Air quality modeling Nation and Latino populations in a rural area of will be combined with sensor data to develop maps Washington State. Researchers will work with local and other tools for displaying air quality information. students to understand and help reduce the commu- Researchers will collaborate with local community nity’s exposure to wood smoke. The team will also groups in Pittsburgh to help them understand the create a curriculum adaptable for other settings in data and how the findings might be used to reduce collaboration with Heritage University, Toppenish, exposure to air pollutants. Wash. • Kansas State University, Manhattan, Kan., will create SOURCE: U.S. Environmental Protection Agency a partnership with local organizations in South Chica- go to evaluate the effects of community-led research
16 IIMC Celebrating 70 Years September 2016 IIMC News Digest
Volunteer, On-Call, and Employees Fire Departments…Continued from page 11 wages are merely a nominal fee, then the firefighters are advisory case from the Sixth Circuit, that New Hampshire volunteers expressly excluded from the FLSA’s definition firefighters may be paid on a per call or stipend basis, of employee. Mendel v. City of Gibraltar, 727 F.3d 565, without transforming them into employees, as long as 570 (6th Cir. 2013). the amount is nominal, is not tied to productivity (i.e. The court also noted that the federal regulations compensation or pay based on “hours worked”), and advise that, to determine whether an individual loses takes into account the factors set out in §553.106(e), volunteer status due to the type and amount of payment cited above. provided, we must examine “the total amount of The “7(k) Exemption”: Overtime payments made (expenses, benefits, fees) in the context Municipalities with career (employee) firefight- of the economic realities of the particular situation.” ers must be concerned with overtime work. Under the Id. at 570-71; 29 C.F.R. § 553.106(f). In determining FLSA, employees are designated as either exempt or whether a fee is nominal, the United States Department non-exempt. As a general proposition, employees desig- of Labor often uses the so-called “20% rule.” Under this nated as “exempt”—falling into the “executive,” “admin- rule, a fee is nominal as long as it does not exceed 20 istrative,” or “professional” category—are exempt from percent of the amount that otherwise would be required overtime requirements, while non-exempt employees to hire a permanent employee for the same services. See are entitled to overtime compensation for hours worked Wage and Hour Opinion Letter, FLSA2008-15 (December in excess of 40 per week. Firefighters, as well as police 18, 2008). The Mendel decision also reminds us that officers and similar employees, are generally not “execu- simply calling someone a “volunteer” does not automati- tive,” “administrative,” or “professional” employees, cally make them one. even if they supervise coworkers, because “their primary The New Hampshire Supreme Court has not yet duty is not management of the enterprise.” 29 C.F.R. addressed this issue, but it is reasonable to conclude, §541.3(b). Therefore, career firefighters are generally based on the federal and state law, as well as this Continued on page 20
September 2016 IIMC Celebrating 70 Years 17 Region/Provincial/National News
IIMC News Digest Vierling is serving on the IIMC Board of Directors NORTH CAROLINA representing Region III. Her term expires in May 2018.
Region III Director – OHIO Lisa Vierling, MMC, receives Prestigious Award from North Misty Cheshire, MMC, Carolina Governor. Loveland, Ohio was named the 2016 Clerk of the Year at the IIMC Region III Director, Lisa Ohio Municipal Clerks Associa- Vierling, MMC, City Clerk, High tion’s Annual Institute Banquet Point, NC, was presented with the Order of the Long on Wednesday, July 20, 2016 in Leaf Pine Award at a recent council meeting. North Dublin, Ohio. Cheshire is a 1993 graduate of South Carolina House Representative John Faircloth made the University in Savannah, Georgia, where she earned presentation. an Associate Degree in Paralegal Studies. In 2000, The Order of the Long Leaf Pine is among the most Cheshire accepted a part-time Clerk of Council posi- prestigious awards conferred by the Governor of North tion with the City of Tipp City. While in Tipp City, she Carolina. It is awarded to persons for exemplary service attended the Graduate Academy for Community Lead- to the State of North Carolina and their communities that ership at Edison Community College. In 2008, she is above and beyond the call of duty and which has made accepted a full-time position as Clerk of Council with the a significant impact and strengthened North Carolina. City of Loveland. Continued on page 19
18 IIMC Celebrating 70 Years September 2016 IIMC News Digest
Region/Provincial/National News…Continued from page 18
She has been an active member of the Ohio Municipal Clerks Association since 2000 and joined IIMC in 2001. She earned her CMC designation in 2004 and her MMC designation in 2015. She has served on OMCA’s Educa- tion Committee, Policies and Procedures Committee, Scholarship Committee, and Kent State Task Force. She has chaired the Scholarship Committee, Clerk of the Year Committee, and most recently chair of the Administra- tive Committee. She is currently the Immediate Past President of the Ohio Municipal Clerks Association and Region 7 Chair. During her Presidency, Cheshire focused on the education component of the Association. She helped implement a new education format that includes one- day academies and Athenian dialogues across the State and pushed for higher education standards and quality speakers. She worked with the Ohio Municipal League to create a Memorandum of Understanding. She over- saw OMCA’s fundraising efforts in 2015, raising more than $3,000. She organized the Association’s first-ever strategic planning session, which has set the Association on a course to better serve its members and advance the clerk profession. As a result of the planning session, a new committee structure was established, officer posi- tions and their terms have been restructured, the website is being redesigned, the Association went through a branding process that produced a new logo and style for the minute minders, and the Association is implementing practices to improve fiscal and membership policies. Outside her involvement with the City, she has volunteered countless hours at her children’s schools by assisting in the classroom and working individually with students through the Ohio Reads program. She served as the President of the Loveland High School Parent Teacher Organization for three years and served as the co-chair of the Loveland High School After Prom Commit- tee for two years.
Did you know… The Underground City – a series of inter- connected tunnels beneath Montreal runs for over 32 kms (20 mi). In the winter over 500,000 people use the tunnels on a daily basis. The tunnels connect shopping malls, museums, universities, hotels, banks, offices and seven metro stations.
September 2016 IIMC Celebrating 70 Years 19 IIMC News Digest
Volunteer, On-Call, and Employees Fire Departments…Continued from page 17 of compensatory time. An employee must be permitted non-exempt and entitled to overtime compensation, to use compensatory time on the date requested unless unless they head a department or division and qualify for doing so would “unduly disrupt” the operations of the the executive exemption. agency. At the time of termination an employee must However, in recognition of the special scheduling be paid the higher of (1) his or her final regular rate of challenges and budgetary pressures that burden virtu- pay or (2) the average regular rate during his or her last ally all municipal employers, FLSA rules permit public three years of employment for any compensatory time agencies to use a work period longer than one week and remaining “on the books” when termination occurs. For to pay public safety employees, including firefighters, at more information on state and local governments under non-overtime rates for a specified number of hours above the FLSA, see Fact Sheet #7. 40 during that period—the so-called 7(k) exemption. 29 Finally, also note that, under the FLSA, 29 U.S.C.A. U.S.C. §207(k). Employees engaged in fire protection § 213(b)(20), the overtime requirements do not apply to or law enforcement may be paid overtime on a “work certain fire departments at all, specifically: period” basis. A “work period” may be from seven consec- any employee of a public agency who in any workweek utive days to 28 consecutive days long. For example, fire is employed in fire protection activities or any employee protection personnel are due overtime under such a plan of a public agency who in any workweek is employed in after 212 hours worked during a 28-day work period, law enforcement activities (including security personnel in while law enforcement personnel are due overtime after correctional institutions), if the public agency employs during 171 hours worked in a 28-day period. This calculation is the workweek less than 5 employees in fire protection or law prorated for work periods of more than seven and less enforcement activities, as the case may be . . . . than 28 days. Margaret M.L. Byrnes is Staff Attorney with the New Hampshire Furthermore, under certain prescribed conditions, a Municipal Association. She may be contacted at 800.852.3358 ext. State or local government agency may give compensa- 3408 or at [email protected]. tory time, at a rate of not less than one and one-half hours for each overtime hour worked, in lieu of cash Fire chiefs have authority and responsibility in a overtime compensation. Employees engaged in police variety of areas, including: and fire protection work may accrue up to 480 hours Control of firefighters, officers, and equipment, RSA 154:2, I Enforcing local and state laws and rules related to hazardous and combustible materials, fire exits, safety measures, RSA 154:2, II(a) Enforcing the state fire code, RSA 154:2, II(b) Inspecting hazardous buildings, RSA 154:2, III Seeing to training and preparation of firefighters, RSA 154:4 Ensuring that all fire apparatus is in proper working order and that all water sources are kept in order within the available funds, RSA 154:6 Controlling and directing activities at a fire, service call or other emergency, RSA 154:7, :7-a, and :7-b Directing all apparatus, persons, and proceedings relat- ing to any fire or other emergency, RSA 154:8 Inspecting school buildings, RSA 153:14, II(b) Deeming buildings hazardous and giving notice of required repairs, RSA 154:20 - :21 Ordering buildings that pose a “a clear and imminent danger” to be vacated, RSA 154:21-a
Editors Note: This article originally appeared in the May/June 2016 edition of Town and City magazine, a publication of the New Hamp- shire Municipal Association.
20 IIMC Celebrating 70 Years September 2016 IIMC News Digest ɼɺɻʀɻʁ&ǜǧǠǩǟǜǭǪǡ(DZǠǩǯǮ I 2016 September 7-9 Institute of Municipal Administrators for South Africa (IMASA) October 26-28 Alabama Municipal Clerks Certi$cation Institute CMC and MMC Conference October 27-28 Texas Municipal Clerks Association (TMCA) Graduate Institute: Ethics September 8-9 Minnesota Municipal Clerks Academy November 10 Ohio Municipal Clerks One Day Academy September 10-11 Missouri City Clerks and Finance O!cers Association (MoCCFOA) IIMC November 11-12 IIMC Board of Directors Mid Year Meeting Region VII Meeting & MML Master Academy November 13 IIMC Foundation Board of Directors Mid Year Meeting September 11-13 Georgia Municipal Clerks/Finance O!cers Association Fall Conference November 13 Alaska Association of Municipal Clerks (AAMC) Advanced Academy September 11-15 Arkansas City Clerks and Treasurers Certi$cation Institute November 14-18 Kansas/IIMC Municipal Clerks Institute (Years 1-3) & (Year 4) September 12-13 Arkansas City Clerks and Treasurers Advanced Academy & Master Academy September 13-16 Technical Training for Clerks (TTC) Series 200 November 15-16 AMCTO Municipal Clerk’s Institute Level 2 September 14-16 South Carolina Municipal Finance O!cers, Clerks and Treasurers November 15-17 New England Association of City and Town Clerks Annual Conference Association (MFOCTA) Institute November 19 Federation of European Union Local Authority Chief Executive O!cers September 14-16 Tennessee Association of Municipal Clerks and Recorders Fall (UDiTE) Conference Conference November 24-25 Association of Democratic Service O!cers (ADSO) Annual Conference September 21-23 Connecticut Town Clerks Association (CTCA) Fall Conference I 2017 September 21-23 Idaho City Clerk, Treasurers and Finance O!cers Association (ICCTFOA) Institute January 25-27 TMCA Election Law Seminar September 21-23 Oregon Association of Municipal Recorders (OAMR) March 6 Missouri City Clerks and Finance O!cers Association (MoCCFOA) Annual Academy and Conference New Clerks’ Institute September 22 Ohio Municipal Clerks One Day Academy March 13-15 The Society of Local Authority Lawyers and Administrators in Scotland (SOLAR) Conference September 26-29 Virginia Annual Institute and Academy April 5-7 Connecticut Town Clerks Association (CTCA) Spring Conference September 28-30 City Clerks Association of California Master Municipal Clerk Academy April 6-7 TMCA - Emotional Intelligence in Your Workplace Seminar September 29 Expertise Center for City Secretaries (ECG) Town Clerks Congress 2016 April 26-28 The Alberta Municipal Clerks Association (AMCA) 29th Annual Conference October 4-27 Iowa Municipal Professional Regional Institutes May 2017 The Israeli Association of Municipal Clerks & Managers (IAM) Conference October 5-7 League of California Cities Annual Conference and Expo May 16-18 Local Government Association of British Columbia (LGMA) Conference October 7 Vereniging van Gri!ers (VvG) Conference May 16-21 Tentative Dates for 2017 Study Abroad Program October 10-13 Florida Association of City Clerks (FACC) Fall Academy May 21-24 71st IIMC Annual Conference in Montreal, Canada October 13-14 Missouri City Clerks and Finance O!cers Association (MoCCFOA) June 11-14 Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) Regional Conference 2017 Annual Conference October 13-15 Society of Local Council Clerks (SLCC) National Conference June 24-28 Florida Association of City Clerks (FACC) Summer Academy October 17-18 Missouri City Clerks and Finance O!cers Association (MoCCFOA) and Annual Conference Regional Conference August 17-18 TMCA Legislative Update October 17-21 New Mexico Municipal Clerks and Finance O!cers Association Certi$cation Institute April 18 to 20, 2018 The Alberta Municipal Clerks Association October 19-21 New Mexico Municipal Clerks and Finance O!cers Association (AMCA) 30th Annual Conference will be held in Canmore, Alberta. Municipal Clerk Academy October 20-21 Missouri City Clerks and Finance O!cers Association (MoCCFOA) New Clerks Institute October 25-28 South Carolina Municipal Finance O!cers, Clerks and Treasurers Association (MFOCTA) Joint Academy
71st Annual Conference 72nd Annual Conference 73rd Annual Conference 74th Annual Conference Montreal, Canada Norfolk, VA Birmingham, AL St. Louis, MO Sunday, May 21 thru Wednesday, May 24, 2017 Sunday, May 20 thru Wednesday, May 23, 2018 Sunday, May 19 thru Wednesday, May 22, 2019 Sunday, May 17 thru Wednesday, 20, 2020 Spotlight on Success
Nomination Form
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