Wants Pacific out of MML

07/28/2009
Urges City to Pull Out of Municipal League
By:Pauline Masson , Pacific Editor

Pacific resident B.J. Lawrence wants the city of Pacific to pull out of the Missouri Municipal League (MML).

Lawrence said the MML, which operates on dues from member cities, was using taxpayer money to inhibit the ability of citizens to participate in government."I don't want my taxpayer money spent on this organization that is trying to stop my voice in government," she said.Speaking at the board of aldermen meeting, Lawrence offered an impassioned protest against the MML efforts to quash a current initiative petition aimed at stopping the use of eminent domain to take private property for private use.The Missouri Citizens for Property Rights (MO-CPR) created the petition, collected 428,000 signatures, and the secretary of state agreed to place it on the ballot but MML filed a suit to prevent that."This petition was approved by the secretary of state and they (MML) went to court to prevent it being placed on the ballot," Lawrence said. "He (the bills' author) took it back and changed it and it was approved again. And again the MML held it up."Lawrence said 660 Missouri cities use taxpayer money to pay for membership in MML. She said she was especially incensed that an organization that operated on taxpayer funds could use its resources to thwart the efforts of citizens."They're not working in our favor," Lawrence said. "We (Pacific) have a chance here to make a change that big boys and big dollars don't get their way"Lawrence said the city of Pacific has an opportunity to say enough is enough."They're not representing us. They've become a huge lobbyist," she said. "I'm begging you to take a stand. If you do other cities will follow you.""The initiative petition is our one voice in government," she said. "And we have an opportunity to do something by pulling out of this organization."Aldermen said that while they agreed with the right of citizens to initiative petition, they would not favor pulling out of the MML because of the one issue.Alderman Mike Pigg said one issue should not be used as a reason to end the city's membership."You have to look at the whole picture," Pigg said.Alderman Carol Johnson said she was willing to look at the issue."As an elected official for 10 years I've supported this membership but I do not agree that they should try to take away the initiative petition," Johnson said.Dave Monroe said any time you belong to an organization you have a lobbyist and you may not agree with everything."I don't agree with MML working against eminent domain. I'm not for it but they still do some good," Monroe said.Alderman Walter Arnette said Lawrence had brought up good points."They (MML) got us enough in the back taxes from the telephone company to pay for membership for the next 50 years," Arnette said. "But I'm against eminent domain so this is worth looking into. I don't want my money to support these guys who are against eminent petition."Alderman Mike Bates also credited Lawrence for having good arguments. "We should explore it," Bates said. "I'd like to see it on the agenda at the next meeting. I absolutely support the public's right to initiative petition. That is a constitutional right and no one should be allowed to stop that."Alderman Jerry Eversmeyer said he went on the Internet and learned that the MML pretty much went after what the cities told them to go after."But they should not be going against initiative petitions," Eversmeyer said. "But the best way to oppose that is don't drop out. The best way to do is to go through committee and tell MML which way we want to go."City Attorney Dan Vogel countered Lawrence's request, saying the MML had not spent its own money in its effort to prevent the initiative petition opposing eminent domain from being placed on the ballot."This action was funded by the (State) Chamber of Commerce, the Missouri Lawyers Association, of which I'm a member, and businesses," Vogel said.More importantly, Vogel said, neither Missouri lawyers nor the MML opposed citizens rights to initiative petition."What they oppose is the language of this particular petition, which covers a whole array of issues that would inhibit the rights of cities to abate nuisances in the city," Vogel said.Vogel and his firm, Cunningham, Vogel and Rost, does some work for the municipal league.Tom Cunningham, the firm's founding partner, has written a red alert regarding the language of the initiative petition, which the MML opposes, in which he asks cities for money to challenge the initiative ballot.Cunningham said two ballot initiative petitions, already certified, propose radical amendments to the State Constitution that would effectively eliminate Missouri cities' authority to protect local property values through zoning controls, building codes and health regulations.Toward the end of the red alert, Cunningham asked cities for money to support a "two-pronged" legal defense to challenge adoption and certification of the ballot initiative.Cunningham said cities might support a legal challenge based on actual damages resulting from inability to proceed with various pending enforcement actions"Although cities cannot directly contribute to support or oppose any ballot measure, cities may fund public informational campaigns," the red alert said.Cunningham went on to point out that the city of Springfield has already committed $5,000 to this effort and other cities are following suit.Gary Markenson, MML executive director, said all attorneys' fees and filing fees in the action on the eminent domain petition were funded by the Missouri Chamber of Commerce, the RCGA and real estate groups.He said he personally had spent about 10 hours on the measure and his salary is paid by the MML, which receives approximately half its revenue, $490,000, from the cities that are members. The other half comes from private sources.Lawrence countered that the MML used its influence and powerful lobbying voice to oppose the eminent domain initiative."It's taxpayer money that allows it to exist," Lawrence said. "If Pacific were to pull out I think other cities would follow."The issue was placed on the agenda for the next meeting, which is Aug. 4. 2009

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